Loading...
HomeMy WebLinkAboutCC 2005-11-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, November 17, 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 November 17, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..J" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 17th day of November 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:37 a.m. by Chairman Joe Sanchez, recessed at 12:03 p. m., reconvened at 2:42 p. m. and adjourned at 5:25 p. m. Note for the Record: Commissioner Winton came in at 9:38 a.m. ALSO PRESENT: Linda Haskins, Deputy City Manager/Chief Financial Officer Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk ABSENT: Joe Arriola, City Manager Chairman Sanchez: Ladies and gentlemen, the City of Miami Commission meeting is being called to order, November 17, 205 [sic], here at our historical City Hall, 3500 Pan American Drive. I want to take this opportunity to welcome you to our City Hall. Good morning, everyone. We'11 go ahead and start with the invocation, and then we'll do the pledge of allegiance. Invocation and pledge of allegiance delivered PRESENTATIONS AND PROCLAMATIONS 1. A salute was presented by Chairman Sanchez to Latino Art Beat 2005 for outstanding contributions to cultural preservation, artistic genius, and special involvement in promoting Hispanic youth and art culture through local art competition held in Chicago, Houston, Washington D.C., Los Angeles and Miami. Certificates of Merit were presented to the winners of the Latino Art Beat 2005 competition: Terrance Broxton, Luis Isla, Leonardo Castaneda, Ramon Lopez (not present), and Salim Cortes. A commemorative Latin Grammys poster was presented to Mayor Diaz (not present), the Commission and Robert Parente, Director of Mayor's Office of Film, Arts, Culture & Entertainment, for the strong support Miami has given to the Latin Grammy awards. Chairman Sanchez: Let's go to the presentation and proclamation, which we skipped. At this time, l do believe that we have several proclamations or items from the Protocols Office to give. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chairman Sanchez: There are no mayoral vetoes on that -- on this agenda. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. City of Miami Page 3 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We do have to approve a couple of minutes. We need to approve the planning and zoning meeting of February 27, 203 [sic]. Is there a motion? Vice Chairman Gonzalez: Move to approve. Chairman Sanchez: There's a -- Commissioner Allen: Second. Chairman Sanchez: -- motion by Vice Chairman Gonzalez. It is second by Commissioner Allen. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The planning and zoning meeting of February 27, 203 [sic] have been approved. Regular meeting of April 10, 203 [sic]; we need a motion to approve those minutes. Vice Chairman Gonzalez: Move to approve the regular meeting of April -- Chairman Sanchez: There's a -- Vice Chairman Gonzalez: -- 10, 2003. Chairman Sanchez: -- motion by the Vice Chair; is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. The item is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We also need a motion to approve the regular and planning and zoning meeting of October 27, 205 [sic]. Is there a motion? Vice Chairman Gonzalez: Move to approve the regular and -- Commissioner Allen: Second Vice Chairman Gonzalez: -- planning and zoning meeting of October 27, 2005. Chairman Sanchez: There's a motion by the Vice Chair; is there a second? City of Miami Page 4 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF THE DAY Chairman Sanchez: Just for the record, PZ (planning and zoning) items have all been deferred to December 1. Commissioner Allen: Make a motion -- Jorge L. Fernandez (City Attorney): You need to wait until the time for which they have been advertised to officially move them to a time certain. Chairman Sanchez: And that is at what, 10? Mr. Fernandez.: At the time that they have been advertised for is 10 o'clock. Chairman Sanchez: 10 o'clock. Commissioner Allen: 10 o'clock. Mr. Fernandez: I believe -- Chairman Sanchez: Well -- Mr. Fernandez: -- let me make sure. Chairman Sanchez: -- I'll do that, but I just don't want everybody to be -- Mr. Fernandez: Yes, it is, 10 o'clock. Chairman Sanchez: OK. At 10 o'clock -- Mr. Fernandez: At 10 o'clock, you need to make that motion. Chairman Sanchez: -- we'll do it, but other than that, 1 don't want anyone to be sitting around 'till 10, or you got -- I'm sure you got better places to be when you know that your item is going to be deferred to December 1. City of Miami Page 5 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 CA.1 05-01063 Office of the City Attorney CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GUILLERMO QUINTANA, ALEXANDER QUINTANA, AND CHRISTOPHER QUINTANA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $39,000 EACH IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF GUILLERMO, ALEXANDER AND CHRISTOPHER QUINTANA V. ANGEL TRAVIESO, ET AL., IN THE UNITED STATES DISTRICT COURT, CASE NO. 04-21540-CIV-GOLD, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 05-01063 Legislation.pdf 05-01063 Memo .pdf 05-01063 Memo 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.2 05-01097 Office of the City Attorney R-05-0653 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN THE AMOUNT OF $191,125, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER ELIEZER LOPEZ, BY HARRY SOLOMON, ESQUIRE, IN THE CASE OF THE UNITED STATES OF AMERICA VS. ELIEZER LOPEZ, UNITED STATES DISTRICT COURT, CASE NO. 01-208-CR-GOLD; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-01097 Legislation.pdf 05-01097 Memo.pdf 05-01097 Memo 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.3 05-01098 Office of the City Attorney R-05-0654 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN City of Miami Page 6 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 THE AMOUNT OF $79,667.50, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER JORGE GARCIA, BY JOHN W. THORNTON, ESQUIRE, IN THE CASE OF THE UNITED STATES OF AMERICA VS. JESUS AGUERO, ET AL., UNITED STATES DISTRICT COURT, CASE NO. 02-20174-CR-ALTONAGA; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-01098 Legislation.pdf 05-01098 Memo.pdf 05-01098 Memo 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0655 CA.4 05-01241 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION IN THE AMOUNT OF $10,000, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, AS FINANCIAL SUPPORT TO HOST 300 LAW ENFORCEMENT PROFESSIONALS AT THE 2005 MIAMI-DADE CHIEFS EXECUTIVE BOARD MEETING, TO BE HELD IN DECEMBER, 2005, IN MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET ACCOUNT NO. 001000.290101.6.690. 05-01241 Legislation.pdf 05-01241 Summary Form.pdf 05-01241 Support Information.pdf 05-01241 Chiefs of Police Article.pdf 05-01241 Chiefs of Police Calendar.pdf 05-01241 Charter and By-Laws.pdf 05-01241 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.5 05-01242 Department of Conferences, Conventions and Public Facilities R-05-0656 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A NOT FOR PROFIT CORPORATION, ("LESSOR"), FOR THE USE OF APPROXIMATELY 1,022 SQUARE FEET OF OFFICE SPACE, LOCATED AT 6100 NORTHWEST 7TH AVENUE, SUITE 6140-A MIAMI, FLORIDA, TO RELOCATE THE OPERATION OF THE MODEL CITY NEIGHBORHOOD City of Miami Page 7 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 ENHANCEMENT TEAM, WITH SAID AGREEMENT TO PROVIDE FOR THE FOLLOWING: 1) A FIVE-YEAR TERM COMMENCING NO LATER THAN FOUR (4) MONTHS AFTER LESSEE ISSUES NOTICE TO PROCEED WITH CONSTRUCTION OF THE PREMISES TO LESSOR AND LESSEE PHYSICALLY OCCUPIES THE PREMISES, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL TWO-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE TERM AT A RATE OF $8.45 PER SQUARE FOOT, OR $719.66 PER MONTH, WITH RENT FOR ADDITIONAL TERMS TO BE ADJUSTED ANNUALLY BASED ON INCREASES IN THE CONSUMER PRICE INDEX NOT TO EXCEED THREE PERCENT (3%); 3) LESSEE TO PROVIDE LESSOR WITH CONSTRUCTION FUNDING IN THE AMOUNT OF $59,000, TO BE USED FOR CONSTRUCTION OF THE PREMISES; 4) LESSOR TO PROVIDE LESSEE WITH COMPLETE CONSTRUCTION OF THE PREMISES; 5) SHOULD LESSOR'S PROPERTY BE DEMOLISHED AS PART OF ITS REDEVELOPMENT PROJECT, LESSOR SHALL, AT ITS SOLE COST AND EXPENSE, RELOCATE LESSEE TO COMPARABLE PREMISES WITHIN PROPERTY IT OWNS AND LESSEE SHALL HAVE RIGHT OF FIRST REFUSAL FOR A NEW LEASE IN THE RELOCATED PREMISES; AND 6) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES AND PROVIDE FIVE (5) RESERVED PARKING SPACES FOR LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.620. 05-01242 Legislation.pdf 05-01242 Exhibit 1.pdf 05-01242 Exhibit 2.pdf 05-01242 Exhibit 3.pdf 05-01242 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0657 CA.6 05-01243 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S APPROVAL OF THE FINDINGS AND RECOMMENDATIONS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 04-05-097, THAT THE FIRM MOST QUALIFIED TO PROVIDE MEDICAL DIRECTION SERVICES FOR EMERGENCY MEDICAL SERVICE, IS THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY D/B/A JACKSON HEALTH SYSTEM ("THE TRUST"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE TRUST, TO PROVIDE THE AFOREMENTIONED SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE, FOR A TERM OF THREE YEARS, AT A FIRST -YEAR COST NOT TO EXCEED $203,588, AT A SECOND -YEAR COST NOT TO EXCEED $209,420, AND AT A THIRD -YEAR COST NOT TO EXCEED $215,427, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, WITH INCREMENTAL ANNUAL INCREASES AFTER City of Miami Page 8 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 THE INITIAL THREE-YEAR PERIOD LIMITED TO THE RECENT YEAR'S ANNUAL INCREASE OF THE CONSUMER PRICE INDEX, BUT NO MORE THAN 5% PER YEAR; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING BUDGET, ACCOUNT NO. 001000.280601.6.270, FOR THE CURRENT FISCAL YEAR 2005-2006, WITH FUTURE FISCAL YEAR FUNDING, SUBJECT ONLY TO BUDGETARY APPROVAL. 05-01243 Legislation.pdf 05-01243 Exhibit 1.pdf 05-01243 Exhibit 2.pdf 05-01243 Exhibit 3.pdf 05-01243 Summary Form.pdf 05-01243 Letter from Jackson Hospital.pdf 05-01243 Medical Direction Svcs for EMS.pdf 05-01243 Memo.pdf 05-01243 Memo 2.pdf 05-01243 Letter from Jackson Hospital 2.pdf 05-01243 Florida Statutes 2005.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0658 CA.7 05-01244 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER, FOR THE PROVISION OF SWORN POLICE ANNUAL PHYSICAL EXAMINATION SERVICES, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, PURSUANT TO RESOLUTION NO. 04-0617, ADOPTED SEPTEMBER 23, 2004, IN AN ANNUAL AMOUNT NOT TO EXCEED $98,268, INCREASING THE TOTAL ANNUAL AMOUNT FROM $415,240 TO $513,508; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $98,268, FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.260; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 04-0617, TO REFLECT SAID INCREASE. City of Miami Page 9 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 05-01244 Legislation.pdf 05-01244 Exhibit 1.pdf 05-01244 Summary Form.pdf 05-01244 Certificate of Insurance.pdf 05-01244 Prof Svcs Agreement.pdf 05-01244 Medical Protocol.pdf 05-01244 Annual Physicals.pdf 05-01244 Certificate of Ins 2.pdf 05-01244 Text File Report.pdf 05-01244 Insurance Safety Form.pdf 05-01244 Text File Report 2.pdf 05-01244 Master 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: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0671 Chairman Sanchez: The first item that was withdrawn for a substitute item was CA. 7. Maria J. Chiaro (Assistant City Attorney): CA. 7 is a substitution so that the total contract amount is shown in the resolution, rather than just the increase. It is a contract for the Mercy Medical Development to do our physical examinations for the Police Department. Chairman Sanchez: OK, what's -- could you elaborate more on the substitute for the record? State your name. Rosalie Mark: Rosalie Mark, Department of Employee Relations. This particular item originated with a request to increase the annual amount for Mercy Hospital, who conducts our police annual physicals, in the amount of -- an increase in the amount of 98,268, which increases our annual contract to 513, 508. The substitution that you received this morning was the exact same annual amounts, however, the agreement also now includes the two additional renewal periods that this agreement provides, giving us a total of six years, for a total of $3, 237, 668. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion on -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- CA. 7 -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- as amended; second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." That item has been approved City of Miami Page 10 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 CA.8 05-01245 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PURCHASE OF TWO (2) 2006, 25' CONTENDER VESSELS WITH TWIN YAMAHA ENGINES, TRAILERS AND OTHER ACCESSORIES, AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AS AUTHORIZED UNDER THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA COUNTER -DRUG PROCUREMENT PROGRAM, ESTABLISHED AND MAINTAINED PURSUANT TO THE NATIONAL DEFENSE AUTHORIZATION ACT SECTION 1122, KNOWN AS THE "1122 PROGRAM," FROM CONTENDER BOATS, INC., FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $179,311.02; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM III, FISCAL YEAR 2004, ACCOUNT CODE NO. 110143.280911.6.840, IN THE AMOUNT OF $89,655.51 AND FROM THE POLICE GENERAL FUND, ACCOUNT CODE NO. 001000.290301.6.830, IN THE AMOUNT OF $89,655.51. 05-01245 Legislation.pdf 05-01245 Exhibit 1.pdf 05-01245 Exhibit 2.pdf 05-01245 Exhibit 3.pdf 05-01245 Summary Form.pdf 05-01245 Florida Procurement Program.pdf 05-01245 Memo.pdf 05-01245 GSA Contract Division.pdf 05-01245 Commercial Price List.pdf 05-01245 Supply Schedule -Price List.pdf 05-01245 UASI 2004 Budgets.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-05-0660 Direction to the Administration by Commissioner Winton to come back at the next Commission Meeting with a recommendation on a maintenance plan for all City -owned boats at city marinas and what such plan would cost. Chairman Sanchez: We go to CA.8, which was pulled for discussion by Commissioner Winton. Commissioner Winton, you're recognized for the purpose of discussion. Commissioner Winton: Like to recognize Stuart Sorg, and need your name and address. Stuart Sorg: Mr. Commissioners, I'm Stuart Sorg. I reside at 3091 Lucaya, in Coconut Grove. 1 just want to let you know I've given each one of you a newspaper article from the Miami Herald dating to 1982. In 1982, 1 was able to get $80, 000 given to me to start the Miami Police Marine Patrol, and here I am again today in 2005 looking forward to getting two more boats, more policemen to put police presence here in Coconut Grove. As you know, there're 1,300 boats between Peacock Park and Kennedy Park, and these boats have got to abide by Florida maritime law. We need police patrols here regularly like you need them out in the street, and this is a great opportunity. Joe Arriola, Johnny Winton, Linda Haskins, many people have been working on this project, but I want to commend Johnny Winton because in -- I think it was November 2003, at a meeting -- the Mayor's meeting, I asked Johnny what he was going to do City of Miami Page I I Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 about Coconut Grove and -- as far as police protection. He said, "See me in April," so in April 2004, 1 saw him again, and I said, "Johnny, what are you going to do about it?" And he said, "I'm going to start doing something about it right now." I said Sasaki got involved. 1 said the police boats are on the agenda today, and it's just a pleasure for me to be here to thank the City for making this happen. We need these policemen. Thank you very much. Chairman Sanchez: Thank you, sir. Vice Chairman Gonzalez: Question. Jack King: Name first? OK. My name is Jack King, 4031 El Prado Boulevard. I also agree that, you know, there should be a greater police presence on the water, although I think it should have something to do with the Coast Guard, too, and we can't seem to find them right now, but $270, 000 for two boats is a lot of money, and let me point out to you, over the last 25 years, mostly through the Law Enforcement Trust Fund monies, the City has spent about $6 million on power boats, and not a single time in the Police Department budget has there ever been a line item for maintenance for these boats, and when they die, they just leave them alongside of the road. The last Super Bowl we had, we had them stacked up at Miami Arena, and we had to move it because they were in the background of ESPN (Entertainment and Sports Programming Network). There were 12 boats there -- just -- you know, they didn't run; they were broken, whatever. Is there a line item in the Police Department budget for maintenance for these boats? Chairman Sanchez: All right. Could somebody answer that? That's a very, very, very good question. Commissioner Winton: Can't believe I'm -- Jack and 1 are agreeing on something. Major Steven Caceres: Steve Caceres, Major, Police. We do have also for replacements, engines, also for the boats that need engines. We have monies for new engines. Commissioner Winton: But his question is maintenance -- Major Caceres: Yes. Commissioner Winton: -- not new equipment, maintenance. Major Caceres: Yes. For the new boats, there's not going to be any maintenance costs, but for the next fiscal year, we are going to require and request for maintenance. Chairman Sanchez: These are -- but wait a minute. These are brand-new boats. They've got to come with a warranty. Vice Chairman Gonzalez: Warranty. Chairman Sanchez: 1 mean, Contender's a -- Mr. King: Yeah, but the warranty -- Chairman Sanchez: -- very good company. Mr. King: Commissioner, the warranty is limited on commercial use boats. 1 mean -- and they get run a lot harder than most regular boats do. They're used extensively, and then they stop using them for a while. There's, you know, whatever, it keeps going, but there still needs to be a maintenance program. 1 assure you, anything that sits in saltwater for any length of time requires maintenance. 1 can tell you that. City of Miami Page 12 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Major Caceres: And we will continue to request the maintenance in next fiscal year for the new boats. Chairman Sanchez: All right. Commissioner Winton: Well, how about the old boats, though? 1 mean, don't we -- Major Caceres: We have monies -- Commissioner Winton: -- have -- ? Major Caceres: -- for new engines for the old boats, we requested. Mr. King: Which seems to be what we do. 1 mean, it's sort of like -- Commissioner Winton: But -- Mr. King: -- the (UNINTELLIGIBLE) program; you know, replace them. Commissioner Winton: -- the whole point is, if you do preventive maintenance, you don't have to -- your equipment is going to last longer. You don't have to buy new engines all the time, and I think that's the point Jack's making. I think we all agree with that, so would y'all come back at the next Commission meeting, after you've reviewed this and you know the real answers, and tell us what your maintenance plan is for the boats, for the current boats, not just the new boats, but for all of your marine -related equipment, and bring that back at the next Commission meeting? Major Caceres: Yeah, we currently have maintenance contracts for the boats, but for the new boats -- for the existing boats, but for the new boats, we don't have an existing maintenance agreement for the new boats, but for the old boats, we do have an existing contract for maintenance, and it's in the line item in the budget for now. Commissioner Winton: It is a line item in the budget. Major Caceres: Right, and we -- Commissioner Winton: OK, so -- Major Caceres: -- every year, we -- Commissioner Winton: Well, at the next meeting, just bring that amount so we know what it is, and you can put it on the public record Thank you. Chairman Sanchez: Now, this -- some of the money is coming from grant money, and the other one is coming out of the police general fund, correct? Steve, Steve. Major Caceres: Yes, sir. Chairman Sanchez: Some of the money is coming out of grant and from the police general fund, right? Major Caceres: That's correct. Chairman Sanchez: All right. All right. City of Miami Page 13 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. King: Well, that's -- you know, it's great, and I'm glad to see the police presence here, but the reality, over the years, has been is the boats have died; they leave them wherever they can park them; they get hidden, and nothing ever gets maintained. Even new boats require tune-ups; they require, you know, various and so many things that are not part of the warranty operation, and the stuff just never gets done. 1 mean, just -- it's easier -- it's been -- over the years, it's been easier to get more grant funds to buy new boats rather than -- Chairman Sanchez: Maintaining them. Mr. King: -- maintaining the staff -- maintain what we have. Chairman Sanchez: 1 think you're made your point crystal clear. All right, thank you. Is there a motion to approve the item? Commissioner Winton: So moved. Vice Chairman Gonzalez: I'll second, but I have a question. Chairman Sanchez: All right. There's -- Vice Chairman Gonzalez: On the backup -- Chairman Sanchez: -- a motion by Commissioner Winton for the record, second by Vice Chairman Gonzalez. The item is under discussion. Vice Chairman Gonzalez, you're recognized for CA.8. Vice Chairman Gonzalez: Yeah. On the background information, you know, they refer the service to the Coconut Grove marinas and slips, but the Miami River hasn't been mentioned -- wasn't mentioned, even though it's on the background information. Are these boats going to be also used to patrol the Miami River? Major Caceres: Yes. There's -- these boats will be used at the Miami River. We also have two other boats in the capital improvement project budget that we requested two other boats, and also we have a grant that if it gets approved and signed, well have additional boats also on that grant. Vice Chairman Gonzalez: OK. All right. Chairman Sanchez: All right. There's a motion and a second. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." CA.8 has been approved CA.9 05-01246 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Purchasing OF JULES BROS' UNIFORMS, INC., THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, RECEIVED ON SEPTEMBER 14, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-081, FOR THE PROVISION OF UNIFORMS, ON AN AS -NEEDED CONTRACT BASIS, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, FOR AN INITIAL TWO (2) YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL City of Miami Page 14 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $130,000, FOR FISCAL YEAR 2005-2006; ALLOCATING FUNDS, IN THE AMOUNT OF $130,000, FOR FISCAL YEAR 2005-2006, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-01246 Legislation.pdf 05-01246 Summary Form.pdf 05-01246 Award Recommendation Form.pdf 05-01246 Award Sheet.pdf 05-01246 Tabulation Sheet.pdf 05-01246 Cashier's Check.pdf 05-01246 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0659 CA.10 05-01247 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS Police OF MAR-VEL INTERNATIONAL, INC., AUSTIN'S DIVING CENTER AND DIVERS UNLIMITED, INC., FOR THE APPLICABLE ITEMS FOR WHICH EACH VENDOR IS THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-107, RECEIVED AUGUST 22, 2005, FOR THE PURCHASE OF DIVING EQUIPMENT FOR THE DEPARTMENT OF POLICE, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $119,823.14; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM, FISCAL YEAR 2003, ACCOUNT CODE NO. 110111.280910.6.840. 05-01247 Legislation.pdf 05-01247 Summary Form.pdf 05-01247 Award Approval Form.pdf 05-01247 Tabulation of Bids.pdf 05-01247 Email.pdf 05-01247 UASI Budget 2003 by Dept.pdf 05-01247 Summary Fact Sheet.pdf CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to continue Item CA. 10 to the Commission meeting currently scheduled for December 15, 2005. CA.11 05-01249 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE Building CONTRACT AWARDED TO LASON SYSTEMS, INC., PURSUANT TO RESOLUTION NO 01-1281, ADOPTED DECEMBER 13, 2001, FOR THE BUILDING DEPARTMENT, IN AN ANNUAL AMOUNT NOT TO EXCEED $20,000, INCREASING THE TOTAL ANNUAL CONTRACT AMOUNT FROM $25,000 TO $45,000; ALLOCATING FUNDS FOR SAID INCREASE FROM ACCOUNT NO. 421001.560402.6.289, IN THE AMOUNT NOT TO EXCEED City of Miami Page 15 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 $8,500 AND FROM ACCOUNT NO. 21001.560302.6.340, IN THE AMOUNT NOT TO EXCEED $11,500; AMENDING RESOLUTION NO. 01-1281, TO REFLECT SAID INCREASE. 05-01249 Legislation.pdf 05-01249 Summary Form.pdf 05-01249 Previous Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.12 05-01250 Department of Purchasing R-05-0661 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF A NATIONWIDE MEDICAL WASTE MANAGEMENT, INC., THE ONLY RESPONSIVE AND RESPONSIBLE BIDDER, RECEIVED ON SEPTEMBER 12, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-072, FOR THE PROVISION OF DISPOSAL SERVICES FOR BIO-HAZARDOUS WASTE CITYWIDE, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $16,482, FOR FISCAL YEAR 2005-2006; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $16,482, FOR FISCAL YEAR 2005-2006, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-01250 Legislation.pdf 05-01250 Summary Form.pdf 05-01250 Award Recommendation Form.pdf 05-01250 Bid Security List.pdf 05-01250 Disposal Services for Waste.pdf 05-01250 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.13 05-01251 Department of Fire -Rescue R-05-0662 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF ONE (1) MIR3 EMERGENCY NOTIFICATION SYSTEM, INCLUDING MAINTENANCE SUPPORT SERVICES AND TRAINING, FROM FOUR POINTS TECHNOLOGY, UTILIZING THE EXISTING GENERAL SERVICES ADMINISTRATION CONTRACT NO. GS-35F-0553P, EFFECTIVE THROUGH MAY 25, 2009, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY GENERAL SERVICES ADMINISTRATION, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $206,809.82; ALLOCATING FUNDS FROM THE URBAN AREA City of Miami Page 16 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 SECURITY INITIATIVE ("UASI") GRANT PROGRAM III, PROJECT NO. 110143, ACCOUNT CODE NO. 280911.6.840, IN THE AMOUNT OF $86,734.82, AND THE UASI IV GRANT AWARD, SUBJECT TO THE ACCEPTANCE OF A GRANT AWARD AND THE APPROPRIATION OF SAID AWARD, IN THE AMOUNT OF $120,075. 05-01251 Legislation.pdf 05-01251 Summary Form.pdf 05-01251 UASI Grant Budgets.pdf 05-01251 Proposal Letter.pdf 05-01251 How MIR Works.pdf 05-01251 Letter 2.pdf 05-01251 Four Points Technology.pdf 05-01251 email.pdf 05-01251 Letter 3.pdf 05-01251 Letter 4.pdf 05-01251 Letter 5.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-05-0672 Direction to the Administration by Commissioner Regalado to research the feasibility of providing generators to public facilities after natural disasters. Chairman Sanchez: And we go to CA. I3, which was also pulled for the purpose of discussion, by Commissioner Winton. Commissioner Winton, you're recognized. Commissioner Winton: This is a fire -rescue item, and I want to say to the Chief and -- I mean, these guys have really gotten good at it. I got to tell you, your justification, 1 read it; it was outstanding. It was clear. It was concise. I knew exactly what you guys were doing, and so, since I'm always criticizing you when you don't do it right, I thought I really have to give you credit for doing it so well, and I think you guys did a great job. Chief William "Shorty" Bryson (Fire -Rescue): Wow. Commissioner Winton: And I -- Chief Bryson: Call me up any time for that. Commissioner Winton: One question, though, is this system going to be utilized within all departments of the City? Chief Bryson: Yes, it will. It's actually not only the City, but the tri-county. It's Urban Area Security Initiative thing, and it goes three counties, and also into the future, into hospitals and health departments, and all the members of the urban area. Commissioner Winton: That's outstanding. Chief 1 think you guys -- Chief Bryson: Thanks a lot. Commissioner Winton: -- did a great job. Thank you. City of Miami Page 17 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: Mr. Chairman, Chief one question. Chairman Sanchez: Commissioner Regalado, you're recognized. Well, can we have -- do we have a motion and a second? Priscilla A. Thompson (City Clerk): Yes, we do. Chairman Sanchez: OK, discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Chief one question. These are for the tri-county area, right? Chief Bryson: Yes, sir. Commissioner Regalado: During hurricanes, did you have to use saws to go into some houses, in terms of trees that were down and people calling 911, so -- ? Is this equipment also could be included in Homeland Security, special saws and -- to cut through trees or -- ? Chief Bryson: We got a lot of other hard equipment that's purchased through -- Let me say my name. Shorty Bryson, Fire Chief -- but -- we get -- a lot of the UASI (Urban Area Security Initiative) money is used for hard items. This is just one specific one that is basically software, but to answer your direct question about saws and other things, if it's something outside of what we do normally, and if it can be attributed to fighting terrorism, the answer is yes. Commissioner Regalado: OK, let me ask you another question. In terms of fighting terrorism -- but also Homeland Security deals with natural tragedies, too, so could generators be included in this budget, or in any other budget? Suppose that we have an emergency on a public housing building and the Fire Department cannot access the 14th f oor, would -- and this happened This just happened. Instead of carrying these people, could we bring a portable, provisional generator, as part of the Homeland Security? Chief Bryson: Well, sir, that's not a cut -and -dry, black -and -white answer. The answer, though, is they have an approved list of equipment. There are many things that can be purchased when they're justified correctly. We do purchase generators with UASI money and Urban Search and Rescue money that we get in grants, and we have them, and they're 25K on trailers, et cetera. I don't think they would be approved to purchase generators that end up going to private buildings. Commissioner Regalado: No, I'm not talking about private. I'm talking about public. Chief Bryson: Public buildings, possibly. I can't give you a direct answer without research. Commissioner Regalado: But, 1 mean, it would be good to explore that -- Chief Bryson: Oh, absolutely. Commissioner Regalado: -- because next year is almost here. Chief Bryson: I'll explore it. Commissioner Regalado: And the last question is, has the grant from Homeland Security been approved, or have you heard anything for the 26 -- ? Chief Bryson: SAFER (Staffing for Adequate Fire and Emergency Response) Act. The SAFER Act is the one, I think -- about the personnel, right? City of Miami Page 18 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: Yes. Chief Bryson: We haven't heard -- they're in the third round right now of those that have been approved. We are still in the process. I know the County has been denied, so that tells me that we're still in because if they would have denied us, we would have found out when the County found out. I feel that we should know something by the end of November, which is very short, or I'm going to have to come to the Manager and ask for some extra people. Commissioner Regalado: OK, thank you. Chairman Sanchez: All right. We don't have a first or a second on CA.13. We do need a motion Commissioner Winton: So moved Chairman Sanchez: -- and a second. Commissioner Regalado: Second. Chairman Sanchez: The item has already been discussed. There's a motion by Commissioner Winton, second by Commissioner Allen. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries, and that should take care of all the consent agenda, if I'm not mistaken, Madam Clerk. Ms. Thompson: That's correct. CA.14 05-01252 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM," CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $85,000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 05-01252 Legislation.pdf 05-01252 Exhibit 1.pdf 05-01252 Exhibit 2.pdf 05-01252 Exhibit 3.pdf 05-01252 Exhibit 4.pdf 05-01252 Exhibit 5.pdf 05-01252 Exhibit 6.pdf 05-01252 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0663 City of Miami Page 19 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 CA.15 05-01253 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CRIMINAL JUSTICE RECORD IMPROVEMENT PROJECT," AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME IN THE TOTAL AMOUNT OF $25,863, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, IN THE AMOUNT OF $19,397, AND REQUIRED MATCHING FUNDS, FROM THE CITY OF MIAMI, IN THE AMOUNT NOT TO EXCEED $6,466; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $6,466, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 05-01253 Legislation.pdf 05-01253 Exhibit 1.pdf 05-01253 Exhibit 2.pdf 05-01253 Exhibit 3.pdf 05-01253 Exhibit 4.pdf 05-01253 Exhibit 5.pdf 05-01253 Exhibit 6.pdf 05-01253 Exhibit 7.pdf 05-01253 Exhibit 8.pdf 05-01253 Exhibit 9.pdf 05-01253 Exhibit 10.pdf 05-01253 Summary Form.pdf 05-01253 Affidavit.pdf 05-01253 Letter.pdf 05-01253 Contract Award Meeting.pdf 05-01253 Sample Resolution.pdf 05-01253 Checklist for Completion.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0664 CA.16 05-01254 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SCHOOL RESOURCE OFFICER PROJECT," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOUNT OF $66,505, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, IN THE AMOUNT OF $49,879, REQUIRED MATCHING FUNDS, FROM THE CITY OF MIAMI, IN THE AMOUNT NOT TO EXCEED $16,626; ALLOCATING FUNDS IN THE City of Miami Page 20 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 AMOUNT NOT TO EXCEED $16,626, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 05-01254 Legislation.pdf 05-01254 Exhibit 1.pdf 05-01254 Exhibit 2.pdf 05-01254 Exhibit 3.pdf 05-01254 Exhibit 4.pdf 05-01254 Exhibit 5.pdf 05-01254 Exhibit 6.pdf 05-01254 Exhibit 7.pdf 05-01254 Exhibit 8.pdf 05-01254 Exhibit 9.pdf 05-01254 Summary Form.pdf 05-01254 Letter.pdf 05-01254 Contract Award Meeting.pdf 05-01254 Sample Legislation.pdf 05-01254 Checklist for Completion.pdf 05-01254 Affidavit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0665 CA.17 05-01255 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "VICTIMS OF CRIME ACT," CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, TASK FORCE ON DOMESTIC AND SEXUAL VIOLENCE, IN THE AMOUNT OF $35,450, AND IN -KIND SERVICES FROM THE CITY OF MIAMI DEPARTMENT OF POLICE, IN THE AMOUNT OF $8,863, FOR THE REQUIRED MATCH, FOR A TOTAL AMOUNT OF $44,313; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City of Miami Page 21 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 05-01255 Legislation.pdf 05-01255 Exhibit 1.pdf 05-01255 Exhibit 2.pdf 05-01255 Exhibit 3.pdf 05-01255 Exhibit 4.pdf 05-01255 Exhibit 5.pdf 05-01255 Exhibit 6.pdf 05-01255 Exhibit 7.pdf 05-01255 Exhibit 8.pdf 05-01255 Exhibit 9.pdf 05-01255 Summary Form.pdf 05-01255 email.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0666 CA.18 05-01256 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Management Trust ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST CONCORDE CRUISES, INC., ("LICENSEE")TO PROSECUTE, PROTECT AND PRESERVE THE INTERESTS OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE TRUST IN RELATION TO THE LICENSEE'S BREACH OF A USE AGREEMENT EXECUTED ON JUNE 25, 1997, AND ITS SUBSEQUENT AMENDMENTS. 05-01256 Legislation.pdf 05-01256 Memo.pdf 05-01256 Use Agreement.pdf 05-01256 Park & Recreational Purposes.pdf 05-01256 Legal Description.pdf 05-01256 Map 1.pdf 05-01256 Map 2.pdf 05-01256 Assurance of Compliance.pdf 05-01256Contract btwn USA -City of Miami.pdf 05-01256 Certificate of Authority.pdf 05-01256 Map 3.pdf 05-01256 Item Description.pdf 05-01256 Map 4.pdf 05-01256 Description.pdf 05-01256 Amendment to Use Agreement.pdf 05-01256 Amendment #2 to Agreement.pdf 05-01256 Third Amendment to Agreement.pdf 05-01256 Guaranty.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0667 City of Miami Page 22 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 CA.19 05-01257 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA. 05-01257 Legislation.pdf 05-01257 Exhibit 1.pdf 05-01257 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0668 CA.20 05-01258 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A Improvement REIMBURSEMENT GRANT IN THE AMOUNT OF $1,000,000, AND TO Programs/Transpor EXECUTE THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") tation PROJECT AGREEMENT, PROJECT NO. DA-MI-05-88, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE CAPITAL PROJECT NO. B-30310, ENTITLED "BICENTENNIAL PARK SHORELINE STABILIZATION - PHASE III;" APPROPRIATING FUNDS FOR ITS OPERATION, ALLOCATING FUNDS IN THE AMOUNT OF $1,000,000, FROM CAPITAL IMPROVEMENT PROJECT FUND NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS," FOR THE REQUIRED MATCH, AND AUTHORIZING THE CITY MANAGER TO PROVIDE ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 05-01258 Legislation.pdf 05-01258 Exhibit 1.pdf 05-01258 Exhibit 2.pdf 05-01258 Exhibit 3.pdf 05-01258 Exhibit 4.pdf 05-01258 Exhibit 5.pdf 05-01258 Exhibit 6.pdf 05-01258 Exhibit 7.pdf 05-01258 Exhibit 8.pdf 05-01258 Exhibit 9.pdf 05-01258 Summary Form.pdf 05-01258 Text File Report.pdf 05-01258 Text File Report 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 23 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 R-05-0669 CA.21 05-01259 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED Programs/Transpor FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO PROVIDE FOR THE tation DESIGN, CONSTRUCTION, ADMINISTRATION AND MAINTENANCE OF CERTAIN CAPITAL IMPROVEMENTS TO THE RIGHTS -OF WAY SURROUNDING THE PERFORMING ARTS CENTER, WHICH IS A PART OF THE PERFORMING ARTS CENTER STREET IMPROVEMENTS PROJECT, B-30361, AND TO AUTHORIZE PAYMENT TO THE COUNTY FOR THE PERFORMANCE OF THE IMPROVEMENTS, IN THE MAXIMUM AMOUNT OF $741,000, ON A REIMBURSEMENT BASIS; ALLOCATING FUNDS FROM THE COMMUNITY REDEVELOPMENT AGENCY OMNI TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 686001.590320.6.860, FOR SAID PURPOSE. 05-01259 Legislation.pdf 05-01259 Exhibit 1.pdf 05-01259 Exhibit 2.pdf 05-01259 Exhibit 3.pdf 05-01259 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0670 Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen END OF CONSENT AGENDA Chairman Sanchez: All right. We'll go ahead and move on on the agenda. The next item -- All right. On CA (consent agenda) -- on consent agenda, are there any items that are wish -- that either the Administration or the Commissioners wish to pull, either for discussion or for substitute amendment? Linda Haskins (Deputy City Manager/Chief Financial Officer): We would like to defer CA.10, and we have a substitute for CA. 7. Commissioner Allen: CA -- Chairman Sanchez: CA.10, is that a deferral or a continuation? Ms. Haskins: Yes, it's 'till December 15. Chairman Sanchez: So, the proper language would be a continuation? Is that correct, Madam Clerk? All right, so you're basically asking CA.10 to be continued to December 15. City of Miami Page 24 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Commissioner Allen. Commissioner Allen: Um -hum. Chairman Sanchez: 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." The item has been continued to the December 15 meeting. That is CA.10. Are there any other items that either the Commissioners or the Administration want to pull for the purpose of discussion? Ms. Haskins: We have a substitute for CA. 7 to put in the total contract amount. Chairman Sanchez: OK, so the proper thing to do is to pull that item and hear the substitute, and then we'll vote on it separately, so that item is being pulled. Is there any other items from the consent agenda -- ? Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: Discussion on CA.8 and CA.13. Chairman Sanchez: Discussion on CA.8 and CA.13, by Commissioner Winton. Any other items? If not, could I have a motion to pass the agenda? Commissioner Winton: So moved. Vice Chairman Gonzalez: Move -- second. Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez on the remaining agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we go to the first one. City of Miami Page 25 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PERSONAL APPEARANCES PA.1 05-01260 DISCUSSION ITEM MS. ANA H. RUBIO, ATHLETIC DIRECTOR OF SWITCH HITTER BASEBALL, INC. TO ADDRESS THE COMMISSION REGARDING FIELD SHORTAGE, AND DISCUSS POSSIBLE SOLUTIONS. 05-01260 Letter.pdf 05-01260-Submittal.pdf MOTION A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to support an interlocal agreement with the Miami -Dade School Board to allow all school fields in the City to be better utilized for recreational purposes during off -school hours; and further directing the City's lobbying team to work with the School Board's lobbying team for a bill that would pursue funds to improve areas of 'passive fields" in City schools for use by City residents for sports and recreational activities. Chairman Sanchez: OK. PA.1. PA.1 is personal appearance, and we have personal appearance on Switch Hitter Baseball, Inc. Is there anyone on that item here? Ma'am, yes. Ma'am, welcome to City Hall. Please state your name and address for the record. Ana Rubio: Yes. My name is Ana Rubio. I'm the athletic director for Switch Hitter Baseball. We practice out of Miami Senior High School, 2450 Northwest 1st Street. The principal from Miami Senior High School is on his way here, Mr. Victor Lopez. I was -- didn't know I would be called up so quickly, so hopefully, he'll come -- Chairman Sanchez: Why don't we wait for him? Ms. Rubio: OK. Chairman Sanchez: Let's go ahead and we'll get back to your item. [Later.] Chairman Sanchez: All right. We do have -- well, let's go back to one item. It's a personal appearance, Switch Hitter Baseball, and Victor Lopez is here, the principal of Miami High, and if I could just say that Victor Lopez was my high school teacher, so it's great to see him. Mr. Lopez, best of luck, and this is pertaining to a personal appearance on Switch Hitter Baseball, Inc. Mr. Lopez, you're recognized. State your name and address for the record, and when are they going to paint Miami High? Victor Lopez: We're not sure. My name is Victor Lopez. I reside at 11251 Northwest 61st Street, in Doral, and to answer your question, Chairman, it's -- we're under the five-year capital improvement plan, and as we speak, we're on the first phase, working with the architects on the renovation, rebuilding, refurbishing, restoration, and addition to Miami Senior High School, and if everything goes well, in a timely fashion, we should see its completion by 2012. Chairman Sanchez: 2012? Mr. Lopez: Yes, and our -- Chairman Sanchez: I thought we were slow here at City Hall. Mr. Lopez: I know. Our community is a little upset about that, but the architects have said that City of Miami Page 26 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 they cannot rush a masterpiece, and that's what -- Chairman Sanchez: That is true. Mr. Lopez: -- Miami Senior High School -- Chairman Sanchez: Miami High is a masterpiece. Mr. Lopez: -- is a masterpiece, so -- Commissioner Winton: Six years? I guess they're not rushing it. Chairman Sanchez: Yes, ma'am. Ana Rubio: Good morning. Chairman Sanchez: Name and address for the record. Ms. Rubio: My name is Ana Rubio, and we have a program called Switch Hitter Baseball. We practice out of Miami Senior High School, 2450 Northwest 1st Street. We come here to -- in front of the Board, number one, to address the field space shortage. I know there's a shortage throughout the City of Miami, but I'm specifically addressing the District 3 area because of the amount of youth, adults that are in that area. There's been a lot of building in the last several years, and there's basically very, very little parks. 1 would like, number one, to thank Mr. Joe Sanchez because I came to him with a proposal two years ago, and he took the time from his busy schedule to listen to it. He accepted my proposal, and I wish that all Commissioners or government officials do something like this. He got me in contact with Mr. Lopez. 1 want to commend Mr. Victor Lopez because he understands the shortage offields, recreational facilities within the District 3 area, and he has opened up his school unselfishly to the community. He has several adult leagues, youth leagues of all different kinds of sports, and I just really want to thank both Mr. Sanchez and Mr. Victor Lopez. Now, we do have a problem. That area has so many youth. They're not being addressed. I have several solutions. Number one, 1 would like to ask the City of Miami, Joe Sanchez's district, number one, to support Mr. Victor Lopez in providing, perhaps, maintenance, lighting, most of all, for fields. He has a beautiful facility. It attracts so many youth. If you ever go by Miami Senior High School, there is ongoing activity, and he -- Mr. Victor Lopez has taken this upon himself. We would like to see field lights, and the Department of Education does not have the funds to provide that. Daylight Saving Time, at 6 o'clock, it's out, and we would love to see some field lights so we can continue our programs. The other solution I see for that area is because the relationship between Mr. Sanchez and Mr. Lopez has gone so well, and myself 1 recommend that other schools do that within the district. We need to reach out to these schools that have large fields. In District 5, 1 believe, Comstock Elementary, there -- Comstock Elementary, I taught there for almost five years, as a physical education teacher. It has two huge fields. It is underdeveloped. 1 know the principal. He -- right next door to Comstock Elementary is Juan Duarte Park. That park is used so much by the youth, but it's too small. Comstock Elementary has huge fields that haven't been developed. They need to be sodded, rolled, and perhaps we can develop a similar relationship, as has been done with Mr. Lopez. There is such a shortage of programs in those two areas, and 1 really want the City of Miami to think about -- you need to, 1 hope, allocate more funds for the Park & Recreation Department. We really need to develop our youth programs to prevent violence and crime within those areas. Chairman Sanchez: Ana, let me praise you for your efforts at Miami High -- Ms. Rubio: Thank you. City of Miami Page 27 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- but let me just elaborate on something that you need to be aware of. The City of Miami and the School Board are two different governments. In other words, the City of Miami is local municipality. The School Board is the one that basically oversees all the schools, but I can see in many ways when the City of Miami has been able to work with the School Board, and one example is Ada Merritt I believe, did not have a field, or did not have a place where children could go, and you know, recreational, so we partnered up with Ada Merritt and we gave them Riverside, which is a park, and they basically -- we entered into an interlocal agreement for park improvements to the area, and we're working on that. This is something that maybe we should do with the School Board. One of the things that I did last year is we put together the -- all the chairs got together, and we started a group to focus on regional issues, including education and security of schools. A lot of the issues that we talked about was having a better communication between the School Board and the different municipalities. In that group that we put together, we have Frank Bolanos, who's the chair for the School Board. We have Hialeah Julio Robaina, who just won the election for mayor; Joe Martinez, from the County, is chair, and we've added more people to it to work at finding some type of solution. Now, 1 could tell you this much, from this legislative body, that we are focused and it's one of our priorities to identify areas or land that we could purchase to create either more parks or more open space, and we're doing that, and that's part of our future master plan in the City, but I could tell you that when you have schools that are placed in a residential area, such as Miami High -- and I know it very well because I went there -- it's very hard to expand. Now, what we could do is maybe, through governments and the private sector, and maybe the alumni to that school, and I'll take the lead on that, is work together to somehow, with the private sector, raise money to maybe help the School Board with lighting for Miami High, so at night they could play baseball, they could play soccer, something I didn't see when 1 went there in 1980 to '83. Soccer wasn't such a popular sport. Today, it's a very popular sport, so these are just ideas and suggestions that we're putting out that we could put at the table and find a solution to. Commissioner Winton. Commissioner Winton: Well, Mr. Chairman, 1 think that we ought to be more aggressive because 1 think there's more than two schools that have really significantly underutilized fields and open space that we could utilize, so if we could, in fact, work out an agreement with the School Board so that we could -- this would save us money. If you don't have to go buy land, but you can spend money on improvements, everybody wins -- Commissioner Allen: Right. Commissioner Winton: -- and we could -- if we're going to -- if we have to build new parks from scratch, that's going to take a long time. If we've got places where we can create recreational facilities for kids that are right there ready to go and we add some money to it, that can happen fast, and so, my recommendation is that we pass a resolution today in support of the concept of working out interlocal agreements with all of the schools in the City of Miami, and have a joint effort to more -- to better utilize all of the -- Chairman Sanchez: Open. Commissioner Winton: -- schools for recreational purposes after school. Now, what that entails from the School Board is that they have to allow the public to utilize their fields after school. They can't lock these schools up anymore the same way that they have in the past, and so, it has to work both ways, but it could be a fabulous way to open up real ball fields and other recreational facilities for kids in a very, very short time frame, and 1 think -- Chairman Sanchez: Well, there's a -- Commissioner Winton: -- our Parks Director wants to -- Chairman Sanchez: -- motion on the floor. Let's get a second -- City of Miami Page 28 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Yeah, that's -- Chairman Sanchez: -- if we're going to discuss it. Commissioner Winton: -- my motion. Chairman Sanchez: If we don't get a second, we're not -- Vice Chairman Gonzalez: Second. Chairman Sanchez: OK, there's a second by Vice Chairman Gonzalez for the purpose of discussion. Commissioner Allen: And discussion, as well. Chairman Sanchez: We're discussing that item. Commissioner Regalado, then Commissioner Allen. Commissioner Allen: Yes. Commissioner Regalado: Thank you very much, Mr. Chairman. There are two things here. Just a few blocks away from Miami High, Auburndale School on 32nd Avenue and 6th Street is a very passive school after it closes, so much so that we have to send the police there because the gangs jump the fence and start playing, and even throwing rocks and paintballs at the adjoining neighbors. That could be a solution. The second issue is that we knew yesterday that the State of Florida will have a surplus of three thousand million dollars because of the sales tax and the real estate market, and the Department of Education of the State of Florida is requesting thirteen hundred million dollars; the legislature would approve this on the first meeting that they have, not the special meeting, but the regular meeting in March. I think that the City could direct the lobbying team of the City to work with the lobbying team of the School Board so we can get some of those monies that the Education Department is going to get, in order to improve those passive areas in different schools. 1 mean, Auburndale is like close, five minutes from Miami High, and it is there. Nobody use it, except the gangs, after four o'clock, so I -- if you want to amend the motion that I think that, you know -- Commissioner Winton: I'll accept that amendment. Commissioner Regalado: -- include the lobbying team of the City of Miami will lobby in Tallahassee to include a line item on the bill for the Department of Education to improve the areas of schools in the City of Miami so it can be used for sports and recreation activities. Chairman Sanchez: All right. Commissioner Allen: Yeah, Mr. Chairman -- Chairman Sanchez: For the purpose -- Commissioner Allen: -- yeah, I'm sorry. Chairman Sanchez: -- of clarification, the motion has been amended. Does the maker of the motion and the second -- Commissioner Winton: Yes, I do. City of Miami Page 29 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- accept the amendment? Commissioner Winton: I do. Commissioner Allen: OK, just -- Chairman Sanchez: Do you accept the amendment? Vice Chairman Gonzalez:: 1 do. Chairman Sanchez: OK. Commissioner Allen: 1 do, as well, yes. Chairman Sanchez: The motion has been amended. Commissioner Allen, you're recognized for the purpose of discussion. Commissioner Allen: Yes, Mr. Chairman. Thank you very much. This is basically just a quick comment. It's a great concept, both what Commissioner Winton has advised, as well as Commissioner Regalado, but I tend to always take things to the nth degree, and having said that, I'm just curious --1 can just see all kinds of recalcitrant type of responses from the Dade County School Board; well, legal liability, who's going to pay the insurance, yadda, yadda, yadda, on and on and on, so having said that, I'd like to hear from our Parks Director. I'm pretty sure you have a great deal of experience. You've been many other places before. Has that model been done effectively beforehand, or any other further suggestions? Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. It is a great idea. It has been done before. There -- it is a lot of work that's required to get through it. My hesitance is that we're in the middle of a master plan. I'd like to be able to get the master plan done first, and once we can get the master plan done, I think we can go forward because -- I'm going to sound redundant as 1 say this again and again and again -- the key issue here is to have the commitment to take care of the facilities once you get them done, and that has to be a part of the budget process. It's a great idea, but you have to be committed to taking care of the facilities. Commissioner Winton: And programming. Chairman Sanchez: But let me tell you why I think it'll work, and it has worked because we've done it. Riverside right now -- Ada Merritt uses Riverside. We negotiate that interlocal agreement, so the biggest issue was -- Commissioner Allen, you're absolutely right -- the liability issue, but the interlocal agreement with the City and the School Board was that they provide "X" amount of dollars for capital improvement and maintenance of the park, and it was able -- it was worked out, and it's working beautifully, so I don't see why it can't be worked out the other way around, where we're able to use their open space. All right. I think we're done with -- you did a great presentation. Ms. Rubio: I have one other solution. In District 3, there's lot of large, empty lots. In Key Biscayne, they had a shortage of fields. They went to their empty lots; asked the owners if they could use those empty lots, as long as they weren't going to be building within the next two years. They went ahead, the owners allowed them to use the lots, and they used those small lots as training facilities, and it worked out great. Commissioner Allen: Yeah, Mr. Chairman. I hate to interrupt you, but -- because I don't want to get this thought lost in the process. The Parks director made a very important point. He's saying that -- we all agree with what you're saying, and 1 adopt -- but the master plan, 1 mean -- if you could come back to the podium, you feel that -- because, obviously, we're going to be City of Miami Page 30 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 giving directives to the City Administration, and obviously, we want some timelines on that, but how do we juxtapose that with the master plan? 1 mean, should that be -- Chairman Sanchez: The Parks -- Commissioner Allen: -- provided to the -- ? Chairman Sanchez: -- master plan -- Mr. Burkeen: Parks master plan will be done some time next year, probably during the summer, and that's going to take a full discussion of the Commission in terms of where you going to -- where you want to go and what you want to achieve, and this should be very much a part of what we do. Commissioner Allen: Oh, I see, so it's not a matter of putting a horse -- Chairman Sanchez: All right. Commissioner Allen: -- before the cart. Mr. Burkeen: No. Commissioner Allen: We can all do it together, seamlessly. Mr. Burkeen: It should be a part of it. Commissioner Allen: Should be a part of the master plan. Mr. Burkeen: Absolutely. Chairman Sanchez: All right. Commissioner Winton, and then we'll close it. Commissioner Winton: And I just -- Commissioner Allen: So -- Commissioner Winton: -- wanted to make a point. These are not mutually exclusive. There's no reason why these two things can't go on simultaneously, and one kind of gets melded into the other, and you take consideration of but to delay it until -- for another year or six months, I don't think we need to do that. 1 think you -- listen, it's going to take six months to negotiate something with the school system anyhow, so if we're going through that process, we're working on the preliminary stuff doing the negotiation, working at the deals, and the parks master plan comes along at the same time, we'll have a lot of answers then. Chairman Sanchez: All right. Could somebody call the question? Commissioner Winton: Call the question. Chairman Sanchez: All right. Commissioner Winton: Thank you. Commissioner Allen: Call the question. Chairman Sanchez: There's an amended motion on the floor. There's a motion and a second. It City of Miami Page 31 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 has been discussed 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. Commissioner Allen: Right, right. PA.2 05-01363 DISCUSSION ITEM REPRESENTATIVE(S) FROM THE JACKSON MEMORIAL FOUNDATION TO ADDRESS THE CITY COMMISSION REGARDING WAIVING ALL FEES AT THE COCONUT GROVE CONVENTION CENTER FOR THEIR JACKSON MEMORIAL FOUNDATION GALA 2006 EVENT ON JANUARY 14, 2006. Letter. pdf NO ACTION TAKEN Chairman Sanchez: We'll go to PA.2. It's representatives from the Jackson Memorial Foundation. Is there anyone here? Is there anyone here from the Jackson Memorial Foundation? All right. City of Miami Page 32 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-01261 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF THE COCONUT GROVE EXPO CENTER, THE PARKING AREA AND OTHER COSTS, IN AN AMOUNT NOT TO EXCEED $15,000, RELATED TO THE "WORLD AIDS DAY CONFERENCE," TO BE HELD ON DECEMBER 1 AND DECEMBER 2, 2005, AT THE COCONUT GROVE EXPO CENTER, LOCATED AT 2700 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. 05-01261 Legislation.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-05-0673 Chairman Sanchez: We'll go ahead and move to the M.1, which is the Mayor's item. Is there anyone from the Mayor's office? Yes, ma'am. State your name and address for the record Lisa Martinez: Lisa Martinez, Mayor's Office. On M.1, we have Lisa Hamilton, the chair of the World AIDS (Acquired Immune Deficiency Syndrome) Day Planning Coalition to respond to any questions regarding the World AIDS Day Conference. The item refers to the waiving of fees of the Coconut Grove Expo Center for the World AIDS Day Conference taking place on December 1 -- Vice Chairman Gonzalez: I'll move M.1. Ms. Martinez: -- and 2. Chairman Sanchez: All right. There's a motion for -- Commissioner Allen: This is -- where are we? Chairman Sanchez: -- M.1. Need a second for the purpose of discussion. Commissioner Allen: Yes, I'll second, Mr. Chairman. Chairman Sanchez: OK. The motion has been second by Commissioner Allen for the purpose of discussion. Commissioner Allen, you're recognized. Commissioner Allen: Let's see, we're at M.1? OK. Oh, this is fine, OK. It's the other one. It's similar to another one that I have a question with, but thank you. Chairman Sanchez: All right, so there's a second. Any discussion on the item? Commissioner Regalado: Just to clarify. Chairman Sanchez: Commissioner Regalado, you're recognized, M.1. City of Miami Page 33 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: This is not waiving the fees; this is the City using funds to pay the cost related. Is it -- that's the way it's done before, right? Ms. Martinez: The resolution states waiving the fees. Commissioner Regalado: I know, but have we -- we haven't waiving the fees, but the City Manager has taken care of some of the -- is that -- ? Linda Haskins (Deputy City Manager/Chief Financial Officer): On this, that is the policy for the City. We don't waive fees. Commissioner Allen: Right. Ms. Haskins: You find a funding source to pay those fees. Typically, it's out of -- Commissioner Regalado: So, what I'm saying is, we're not waiving the fees. We're telling the Manager to pay the cost up to $15, 000. Chairman Sanchez: All right, and we have done that in the past for several organizations. I'm not going to mention their names, but I'll tell you this much, 1 think, in the past, this legislative body has always suggested that we need to put together or create a committee or a study group to come up with a methodology for these waivers, OK, because, you know, once you give it to one organization, you have no justification not to give it to another one. Commissioner Allen: Right. Commissioner Winton: Yeah, and the food's coming in. Commissioner Allen: That's what -- Ms. Haskins: That's why the source has usually been a Commissioner's -- Commissioner Allen: Right. Ms. Haskins: -- budgets -- Chairman Sanchez: I just want to state it -- Ms. Haskins: -- or -- Chairman Sanchez: -- I just want to state that -- Ms. Haskins: -- something like that. Chairman Sanchez: -- on the record, so Commissioner Regalado has clearly stated that this is not a waiver. The Administration will come up with the $15, 000. Commissioner Allen: Correct. Chairman Sanchez: All right. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 34 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: One quick -- Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen: Wait. Mr. Chairman, just one quick question. You mentioned establishing a study group or would it be advisable to establish an ordinance to establish guidelines relative to the -- Chairman Sanchez: I -- Commissioner Winton: May 1 make a suggestion there? Chairman Sanchez: Absolutely. I would yield to Commissioner Winton, who is in -- this -- Commissioner Winton: We have a master plan going on for the Coconut Grove waterfront right now. Commissioner Allen: Yeah. Commissioner Winton: The convention center is a big part of the whole plan, and at the end of the day, there may be a nice park out there instead of a convention center, so 1 think that we don't need to establish anything just yet. Let's get that master plan done, and then we're going to know what we're -- whether we're going to pour more money into that building, or move the bulldozer up. Commissioner Allen: OK. Chairman Sanchez: All right. Any further discussion on the item? If not, it's already been voted on. Thank you very much. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-01113 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATIONS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, PURSUANT TO SECTIONS 2-1251 AND 35-221 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO INCREASE THE AMOUNT OF THE EXISTING SIGN PRODUCTION PROJECT WITH IMAGE RESOURCE GROUP, INC., FROM $165,000 TO $195,000, TO APPROVE SIGN CLEANING AND MAINTENANCE SERVICES, IN AN AMOUNT NOT TO EXCEED $6,030, AND TO ALLOCATE AND TO DISBURSE A TOTAL AMOUNT NOT TO EXCEED $201,030, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND ACCOUNT NO. 0172770906, TO IMAGE RESOURCE GROUP, INC., FOR THE PROJECT ENTITLED "COCONUT GROVE STREETSCAPE"; AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO MAKE SUCH ALLOCATION AND DISBURSEMENTS FOR SAID PROJECT; AUTHORIZING AND DIRECTING DOSP TO NEGOTIATE AND TO City of Miami Page 35 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 EXECUTE ANY NECESSARY AGREEMENTS AND DOCUMENTS. SUBJECT TO APPROVAL BY THE RISK MANAGEMENT ADMINISTRATOR AND THE CITY ATTORNEY, FOR SAID PURPOSES . 05-01113 Legislation.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-05-0674 Chairman Sanchez: OK, moving along, the next item on the agenda, Commissioner Winton, do you have any items on your blue pages? Commissioner Winton: 1 don't think so; do I? Commissioner Regalado: Yes, you do. Commissioner Winton: Oh, I do? Chairman Sanchez: Yes, you do. Commissioner Winton: Oh. 1 guess 1 do. I don't have my glasses on, so -- oh, yeah, 1 have a whole bunch of them. This is all the Coconut Grove Business Improvement District, and so I would move Item D2.1. Chairman Sanchez: Could you put something on the record as what it's about? Commissioner Winton: Yes. This is the -- it's -- this is sign production in the Grove, and this is a motion to increase the amount of an existing sign production project with Image Resource Group, Inc. from 165 to $195, 000, and to approve sign cleaning and maintenance services in an amount not to exceed 6,000, and to allocate and distribute a total amount not to exceed 201,000 from the Coconut Grove Business District Improvement Trust Fund account -- Vice Chairman Gonzalez: Second. Commissioner Winton: -- to Image Resource Group. Chairman Sanchez: All right. It's a resolution. There's a motion by Commissioner Winton, 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. D2.2 05-01262 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF FISCAL YEAR 2005-2006 COCONUT GROVE PARKING SURCHARGE FUNDS, IN THE AMOUNT OF $252,437 FROM CAPITAL PROJECT NO. 341330, B-30249, TO THE CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING ("DOSP"), IN ACCORDANCE WITH SECTIONS 35-221, 35-222 AND 35-224 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CODE") FOR DEPOSIT INTO THE COCONUT City of Miami Page 36 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND ACCOUNT NO. 1000024642463; FURTHER DIRECTING SAID FUNDS BE USED BY DOSP EXCLUSIVELY FOR THE PURPOSES SET FORTH IN CODE SECTIONS 35-221, 35-222 AND 35-224 GOVERNING THE USE OF COCONUT GROVE PARKING SURCHARGE FUNDS AND AFTER REVIEW AND RECOMMENDATION BY THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE. 05-01262 Legislation.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-05-0675 Chairman Sanchez: Commissioner Winton, you have D2.2. Commissioner Winton: Yes. This is a resolution of the City of Miami Commission authorizing the transfer of fiscal year 205 [sic] - 206 [sic] Coconut Grove parking surcharge funds in the amount of $252, 437 from the capital project number 341330 and B-30249 to the City of Miami's Department of Off -Street Parking, in accordance with Section 35-221, and 35-222, and 35-224 of the Code of the City of Miami, as amended, for deposit into the Coconut Grove Business Improvement District Trust Fund. So moved. Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion and a second on B2.2 [sic]. 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. Commissioner Winton: And 1 think that's all 1 got. Chairman Sanchez: All right. I don't have any blue page items, but I do, for the record, have two pocket items that will be presented at the end of the Commission meeting. Commissioner Regalado. Commissioner Regalado: No, Mr. Chairman, I don't have any. Chairman Sanchez: All right. Commissioner Allen. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO City of Miami Page 37 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 38 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 SPECIALLY SCHEDULED ITEM SS.1 05-01051 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 15, 2005, FOR THE ELECTION OF MAYOR, COMMISSIONER DISTRICT 3 AND COMMISSIONER DISTRICT 5. 05-01051 memo.pdf 05-1051 certificate.pdf Motion by Commissioner Regalado, 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-05-0676 A motion was made by Commissioner Winton, seconded by Commissioner Regalado and was passed unanimously, to clarify that the acceptance of the November 15, 2005 election results does not include acceptance of the results of the Cocoanut Grove Village Council election. Chairman Sanchez: All right. We'll go ahead and -- I think the next item on the agenda that we have is the one accepting the results from the election; correction, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct. Chairman Sanchez: All right, and we do need a motion for that. Commissioner Regalado: Move it. Commissioner Allen: Second. Chairman Sanchez: There is a motion by Commissioner Regalado, second by Commissioner Allen to accept the results from the elections. The item is open for discussion. Hearing none -- yes, ma'am. Michelle Niemeyer: Commissioner Sanchez, I'm Michelle Niemeyer, a member of the Village Council in Coconut Grove. 1 live at 3053 Day Avenue. We learned this morning -- I received an e-mail (electronic mail) from someone, and a couple of people have raised an issue that we're a little concerned about, and we'd like to look into and ask you to defer our election results until that December 1 special meeting that you're holding. The reason for that is that the County's printout about the election result says that there were approximately 1,600 votes cast, and then it breaks down the vote results. At the end of that printout, it says that there were over 5,000 under/over votes, which were not counted, and we're concerned that -- the way the election question was noted in the ballot, it said vote for no more than nine candidates, so most people that I spoke with said, well, I didn't know everybody. 1 only voted for you. I only voted for five people, whatever. People would vote for a number of people, but not necessarily the total of nine -- Commissioner Winton: That's what 1 did. Ms. Niemeyer: -- and the way this thing is -- reads, it looks like it's possible that the County City of Miami Page 39 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 threw out all those election ballots of the people who voted for less. We don't know that for sure, but we want to -- Commissioner Regalado: They cannot do that. They -- I mean, if they did that, that's -- Ms. Niemeyer: That's how the report reads, and that's what we're concerned about. That's why we're asking that you defer this until the first so that we can make sure that it was done correctly. Commissioner Regalado: Because an undervote is -- Commissioner Allen: Do we -- ? Commissioner Regalado: -- when you just don't vote. Commissioner Allen: Right. Mr. Chairman, do we have to accept some sort of official document before we would make -- Chairman Sanchez: Yes, we do. Commissioner Allen: -- any -- ? Chairman Sanchez: We have to accept the result, or we could vote it down. Ms. Thompson: I'm sorry. Chairman Sanchez: How -- Commissioner Winton: Well, let the Clerk weigh in. Ms. Thompson: If I may step in, please? Commissioner Allen: Yes. Ms. Thompson: This document that's before you has nothing to do with the Cocoanut Grove Village Council election. This is your election, your mayoral citywide election, and your district elections; nothing to do with theirs. Whatever problems they're having with their election -- Chairman Sanchez: They could challenge it in court. Ms. Thompson: -- they need to address it with -- Ms. Niemeyer: OK, so we can -- Mr. Rollason: -- the Supervisor of Elections. Ms. Niemeyer: -- raise that issue. We were concerned that it would be possible because -- Chairman Sanchez: No. Ms. Niemeyer: -- we're in the City of Miami that that could be affected by your vote. If it can't, then great. Chairman Sanchez: All right, so we need a motion to approve. Commissioner Allen: Right, we're approving our election. City of Miami Page .10 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: We're approving our election. Ms. Thompson: Yes. Commissioner Allen: The Mayor and the Commissioners. Ms. Thompson: That's right. Commissioner Winton: Not the Village Council voting. Chairman Sanchez: We're accepting the general municipal election result; that's all that we're doing here. Commissioner Allen: Right. Ms. Thompson: For mayor -- Chairman Sanchez: And -- Ms. Thompson: -- and your districts. Ms. Niemeyer: Thank you. Commissioner Allen: Districts. Commissioner Winton: Thank you. Chairman Sanchez: A11 right. Commissioner Allen: I second that. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: There's a motion -- Commissioner Regalado: Yeah. Chairman Sanchez: We need a motion and a second for the purpose of discussion. Commissioner Winton: Second. Commissioner Regalado: I'll move it. I already moved it. Ms. Thompson: You have it. Chairman Sanchez: We have it? Ms. Thompson: Yes. Chairman Sanchez: Could you state who made the motion and who second it? Ms. Thompson: The mover was Commissioner Regalado; the second was Commissioner Allen. Chairman Sanchez: All right. The item is under discussion. Commissioner Regalado. City of Miami Page 41 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: Yeah, the only thing here is that on the official document, approved by the City Clerk, you do have the Village Council statistics. You have the statistics. This is what the Elections Department provided you. What I'm saying is that just not to be confused, they -- the Village Council was include within the City of Miami statistics. Ms. Thompson: That is correct. The statistics are there because the Commission said that they can be included on our ballot, so when you counted up the ballot -- Commissioner Regalado: That's what I'm saying. Ms. Thompson: -- that's the only reason -- Commissioner Regalado: That's what I'm saying -- Ms. Thompson: -- the statistics are there. Commissioner Regalado: -- so if you -- if we approve this, we will be de facto approving the Village Council results. Ms. Thompson: No, that's not my understanding, and our resolution did not include anything regarding an election for the Cocoanut Grove Village Council. Our resolution, our legislation, our legal document only included the election for the City of Miami Mayor's race and those districts. Ms. Niemeyer: Then can we just -- Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Winton: But what were you going to ask Michelle? Ms. Niemeyer: Well, 1 just want to be sure -- Chairman Sanchez: It passes unanimously. Ms. Niemeyer: -- that that's the case, and we're not stopped from going to the County because we were under the umbrella of the City in that election. If the County approve -- if the City approves this, the County might say, well, the City approved it. Commissioner Regalado: That's what I'm saying. Commissioner Allen: Well, can we exempt -- Commissioner Winton: That's what the -- yes, that is what Tomas is saying. Commissioner Allen: -- out any -- ? Commissioner Regalado: That's what I'm saying. Commissioner Winton: So, Madam -- City of Miami Page 42 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: Look, that's what I'm saying. Commissioner Winton: -- but, we've got to -- let's go back to the Clerk again because she's the one that has to -- this is her responsibility, and let her put it on the record one more time. Ms. Thompson: The legal document, the legislation that this body approved only called for the election of your mayor and your districts. As a concession, as a courtesy, you allowed for the Cocoanut Grove Village Council's ballot to be included on yours so they wouldn't have to pay an additional amount. It has nothing to do with our accepting their votes. The statistics are there because -- if you look at the report, the way that the report came out this time, all elections that were held on that day are in one summary report. That's the only thing. Your actual certification does not, I repeat, does not include the Cocoanut Grove Village Council. Commissioner Winton: There we go. Commissioner Allen: OK, that's clear. Ms. Niemeyer: As long as that's the way it is, that's fine. Chairman Sanchez: And you could pursue a challenge. You could either take it to court, and you have -- Ms. Niemeyer: Right, and the first thing we want to do -- Chairman Sanchez: -- channels that you could pursue. Ms. Niemeyer: -- is just ask them for clarification of this number because it seems to be a big number of people that they're saying didn't get counted, and we want to make sure everybody is counted, obviously. Chairman Sanchez: All right. Thank you. Ms. Niemeyer: Thank you. We go to PH. I. Commissioner Regalado: Excuse me, Mr. Chairman, because -- Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Just, Michelle, one thing. I think that since we had the courtesy, like the City Clerk said, to let them ride on a -- on our municipal election, if the Elections Department, the Miami -Dade County Elections Department, which will be the entity that eventually would have to approve their election, with you co -signature; am I correct? Ms. Thompson: No, sir. Commissioner Regalado: OK. The Votronic machines were used, so it is a Miami -Dade County -- the Supervisor of Elections will be the person responsible for counting those votes. Ms. Thompson: Yes, sir. Commissioner Regalado: OK. Now, my proposal is for the City Commission to support their claim of clarification, just in case if they want -- if the Department of Election decided that there was some kind of mistakes in the undervotes or overvotes, or whatever, and the election is challenged, that they won't have to pay the whole election process, and they -- that they would ride as courtesy in the City of Miami cost that we paid already. You understand what I'm City of Miami Page 43 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 saying? If a new election for the council is decided because some problem with the machines, which happens sometimes, we need to be their sponsor because they're going to be charged an immense amount of money to have their election. You understand what I'm saying, right? Ms. Thompson: Yes, sir, 1 understand what you're saying, but that -- I think, if I'm not mistaken - - and our City Attorney could address that -- that's an issue that the Commission will have to decide on. If I recollect -- if my recollection is correct, I remember that when you all adopted the motion on the courtesy of extending that and putting them on the ballot, you all said at no cost to the City -- Commissioner Allen: Right. Ms. Thompson: -- so now, you know, do we need something different now, City Attorney? Commissioner Regalado: What I'm saying -- Madam Clerk, what I'm saying is that they need the backing of the City, just in case the Department of Elections -- if there was a mistake, it was by the Department of Election, and so, although we did not authorize the payment for their cost, we need to sort of morally back them in terms of you know, Election Department, this is your responsibility, not theirs, you know. You know what 1 mean? Commissioner Allen: But would that -- Ms. Thompson: I need the directions -- Commissioner Allen: -- Mr. Chairman. Ms. Thompson: -- from the Commission. Commissioner Allen: Mr. -- Commissioner Regalado, you said "backing. " Could you be a little more specific? You're saying backing specifically as to -- Commissioner Regalado: As to -- Commissioner Allen: -- a cost fact -- Commissioner Regalado: -- recommend to the Department of Elections that they should look into this, and have the courtesy -- Commissioner Allen: OK. Commissioner Regalado: -- of doing the same process, the same process. Commissioner Allen: OK. Ms. Niemeyer: Can I speak? If there was a mistake, it's because whoever programmed those machines programmed them incorrectly. Commissioner Regalado: Exactly. Ms. Niemeyer: Because the -- if people undervoted -- if they voted for five or six people, the question said vote for no more than nine, those people's ballots should never have been thrown out. It may be that the printout is wrong, and that the people who were thrown out all voted for ten. We don't know that yet. Commissioner Allen: OK, so -- Mr. Chairman, so I guess -- Commissioner Regalado, you're City of Miami Page 4-I Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 asking this body, this City to, if you will, give a vote of confidence to -- Commissioner Regalado: Exactly. Commissioner Allen: -- the Village Council's -- Commissioner Regalado: For them to go to the Elections -- Commissioner Allen: -- concern. Commissioner Regalado: -- Department because -- Commissioner Allen: It doesn't legally -- Commissioner Regalado: -- it's the Elections Department problem. I mean, somebody programmed those machines -- Commissioner Allen: Right. Commissioner Regalado: -- not to count -- Commissioner Allen: I got you. Commissioner Regalado: -- the -- if you don't have nine votes, that machine would not process that vote, and this -- Ms. Niemeyer: Exactly. Commissioner Regalado: -- is what happened probably. Commissioner Allen: So -- and by the way, I guess this will be directed to -- Chairman Sanchez: All right. Commissioner Allen: -- legal counsel, so this, in no way, legally bounds us to maybe covering the cost of it, or could you expound on that, City Attorney, if we give them a vote of confidence? Jorge L. Fernandez (City Attorney): Well, it's -- Commissioner Allen: Resolution. Mr. Fernandez: -- relatively unusual that, you know, the City will open up its ballot and allow a community group to put in a question of their own, which is really for the interest of that limited segment of the community. Having done so, and you did that, and it's done in other communities, the question is what role should the City play in addressing any imperfections in the system, and that is pretty much up to the Commission. If the Commission wants to direct me to work with this group to make sure -- Commissioner Regalado: That's what I'm saying. Mr. Fernandez: -- that, you know, we can address the issues with the County, we could do that, but you need to understand that that is, you know, utilizing City's resources -- Commissioner Allen: Resources, right. That's -- City of Miami Page 45 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Fernandez: -- to advance the interest of a single community group. Commissioner Allen: Right, because if I may, Mr. Chairman, (UNINTELLIGIBLE). 1 don't want us -- I guess to make your argument stronger with the County, you would -- in effect, are going to employ the resources of the City to really bolster your position, and I'm just wondering are we going to expend those type of resources, or should we just let this be a Cocoanut Grove Village Council issue, and then, in effect, if it goes further, you hire your own attorney to make your argument to the County. Ms. Niemeyer: 1 haven't asked for the City to provide us an attorney, although, of course, we would welcome that assistance -- Commissioner Allen: No, no, no, no. 1-- Ms. Niemeyer: -- if it was being offered. Chairman Sanchez: No. Ms. Niemeyer: All I was asking was that you not vote on something that would potentially bar us from being able to go to the County and ask them to look into this matter. Chairman Sanchez: And this does not bar you in any way from going to the County or taking any legal actions against the Elections Department. Ms. Niemeyer: My concern would be that if you -- we were on the ballot as part of the City's election ballot, as far as the County is concerned, and having done that, if all of the City's election ballot -- Chairman Sanchez: So, you're basically -- Ms. Niemeyer: -- questions are approved, it's possible that we could be barred from challenging that down the road. Chairman Sanchez: Let me ask you to try to get this understanding, you're basically asking us not to approve the results? Ms. Niemeyer: Of the Cocoanut Grove Village Council only, and to refrain from doing that until Chairman Sanchez: We don't do it -- Ms. Niemeyer: -- the December 1 -- Commissioner Allen: We can't do that -- Chairman Sanchez: -- under -- Commissioner Allen: -- legally, right? Chairman Sanchez: -- this legislation, we don't do it anyway. We're just approving the mayor's Commissioner Allen: Right. Chairman Sanchez: -- and the Commissioners. City of Miami Page 46 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Well, let me ask -- Commissioner Regalado: We did. Commissioner Winton: -- the City Attorney a question. Is there any harm then in us passing a separate resolution claring the fact that we're not certing the results -- Commissioner Regalado: Exactly, exactly. Commissioner Winton: -- of the Cocoanut Grove Village Council? Commissioner Regalado: Exactly. Mr. Fernandez: Nothing prevents you from doing that. Commissioner Winton: 1 would move -- Commissioner Regalado: I'll second that. Commissioner Winton: -- yes. Ms. Niemeyer: Thank you. Chairman Sanchez: All right. Commissioner Winton: Move the motion that -- Chairman Sanchez: So -- Commissioner Winton: -- to be clear that we are not today certing the results of the Cocoanut Grove Village Council. So move. Ms. Niemeyer: That's all we're asking. Commissioner Allen: Second. Ms. Niemeyer: I don't want us to be barred from being able to pursue this, and it's possible the County could point at the fact that we were under the umbrella of the City and say that election was approved, sorry. Chairman Sanchez: And so, I think you're getting the proper legislation that may assist you in your challenges in the future, so that is -- Ms. Niemeyer: Exactly. Chairman Sanchez: -- that we're not approving the Cocoanut Grove Council. Commissioner Winton: We're not certifying. Ms. Niemeyer: Exactly. Chairman Sanchez: All right. There's a motion -- Commissioner Allen: Certing. City of Miami Page 47 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- on the floor by Commissioner Winton, second by Commissioner Regalado. Ms. Niemeyer: Thank you. Chairman Sanchez: The item is under discussion. I think we've discussed the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion is granted Ms. Niemeyer: Thank you. Chairman Sanchez: -- and approved, and let me just say that, as being one who was not able to cast his vote in his support, and in all honesty, you know, the Elections Department has a monumental task, and I take --1 don't take that away from them, but mistakes, yeah, there are mistakes. They were made. From experience, when 1 went to vote, under one precinct, there was two; mine that I vote 567 and 966; 567 is for mayor and Commissioner; 996, only for mayor. I can honestly tell you the young lady who was very kind and very apologetic -- apologized very clearly, with the cartridge, instead of putting 567, programmed me for 996, and I was only able to vote for the mayor. Mistakes -- there are mistakes made. Commissioner Winton: Couldn't vote for yourself, huh? Chairman Sanchez: I couldn't even vote for myself but 1 knew in this election one vote wasn't going to make a difference anyway. Ms. Niemeyer: Well, we -- and we felt, with the Village Council, obviously, voter turnout was important, and if the turnout of 5,000 voters when the total that was counted was 1,600 wasn't counted, that could be a problem -- Chairman Sanchez: I understand -- Ms. Niemeyer: -- so -- Chairman Sanchez: -- but just to say is the system perfect, I crit -- you know, anybody could criticize it when we say we spend millions of dollars on the highest technology to make sure that the people could cast their vote and participate in the greatest democracy in the greatest nation. However, there's still hiccups in the system. It's still very complicated, and the Elections Department has -- needs to work on making sure that there are no human errors whatsoever on their behalf. Now, if the mistake would have been made by me, I could accept it, but when the mistake is made by their employees, that's a derent factor here, so I hope you walk away content with the decision made by this legislative body, and thank you -- Ms. Niemeyer: Thank you. Chairman Sanchez: -- so much, and good luck. City of Miami Page 48 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PUBLIC HEARINGS PH.1 05-01263 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING BY A Police FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF A CAMERA SYSTEM, CONSISTING OF A POLE CAMERA KIT, VIDEO FIBERSCOPE KIT, AND AN UNDER DOOR CAMERA KIT, FOR THE DEPARTMENT OF POLICE, FROM TACTICAL ELECTRONICS AND MILITARY SUPPLY, LLC, IN AN AMOUNT NOT TO EXCEED $68,000; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, FISCAL YEAR 2003, ACCOUNT CODE NO. 110111.280910.6.840. 05-01263 Legislation.pdf 05-01263 Summary Form.pdf 05-01263 Memo.pdf 05-01263 Memo 2.pdf 05-01263 Memo 3.pdf 05-01263 Public Hearing Memo.pdf 05-01263 Public Hearing Notice Ad.pdf 05-01263 Purchase Orders.pdf 05-01263 Letter.pdf 05-01263 Letter 2 05-01263 Tactical Electronics Quotes 05-01263 UASI Budgets 05-01263 Purchase -Service Form 05-01263 UDC 1 Wireless Camera 05-01263 Award 05-01263 Summary Fact Sheet.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0677 Chairman Sanchez: Let's go to PH.1. Madam Clerk, help me here to try to get some of these items out of the way. Priscilla A. Thompson (City Clerk): OK. PH.1 is a four -fifths. Commissioner Allen: Four -fifths. Chairman Sanchez: We do have four -fifths. Ms. Thompson: Yes, and then, from PH (public hearing) -- Chairman Sanchez: All right. City of Miami Page 49 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PH.2 05-01264 Department of Conferences, Conventions and Public Facilities Vice Chairman Gonzalez: I'll move -- Chairman Sanchez: PH. 1 is the Police Department. Sir, you're recognized for the record. Vice Chairman Gonzalez.: I'll move PH.1. Commissioner Winton: Second. Chairman Sanchez: All right. There's a motion and a second. Motion by Vice Chairman Gonzalez, second by Commissioner Winton, but I will like you to put something on the record. Deputy Chief Frank Fernandez: Absolutely. Frank Fernandez, Deputy Chief Miami Police. Commissioner, this is an item that we're purchasing for the UASI (Urban Area Security Initiative) grant 2003. It's an item to purchase a pinhead camera for the SWAT (Special Weapons and Tactics) team and the bomb squad for homeland security issues. Chairman Sanchez: All right. It is a resolution. However, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, coming back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Thompson: SR (second reading). RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONVEY IN "AS IS" CONDITION, THE REAL PROPERTY LOCATED AT 142 NORTHWEST 11 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT, COMMUNITY REDEVELOPMENT AGENCY, WITHIN WHOSE REDEVELOPMENT AREA THE PROPERTY LIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED AND ALL OTHER NECESSARY DOCUMENTS TO EFFECTUATE SAID CONVEYANCE. 05-01264 Legislation.pdf 05-01264 Exhibit 1.pdf 05-01264 Exhibit 2.pdf 05-01264 Summary Form.pdf 05-01264 Memo.pdf 05-01264 Public Hearing Notice Ad.pdf 05-01264 Miami Dade Legislative Item.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Absent: 2 - Commissioner Winton and Regalado R-05-0678 City of Miami Page 50 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Vice Chairman Gonzalez.: Move PH.2. Chairman Sanchez: All right. We need to put something on the record as -- well, we don't even have a quorum now. Vice Chairman Gonzalez: Yeah, we do. Chairman Sanchez: All right. We need another Commissioner for a quorum. Priscilla A. Thompson (City Clerk): He's right here. Vice Chairman Gonzalez: He's over there. Chairman Sanchez: Oh, OK. Well, we do have a third Commissioner on the dais. That allows us to have a quorum, and we could continue. PH.2 is a resolution. Can we put something on the record and then vote on it? Laura Billberry: Lori Billberry, Public Facilities. This is authorizing conveyance of a property at 142 Northwest 11 th Street to the Southeast Overtown/Park West CRA (Community Redevelopment Agency). The CRA had requested that the County deed this property to them, and the County had adopted a resolution that authorized the sale to the CRA, or if the property is deeded to the County as a result of unpaid taxes, they would convey it to the City for conveyance to the CRA, in accordance with Florida Statutes. The County, in July of this year, did sign a deed transferring the property to the City, and so we are now following through on the intent of the County Commission, that is, to convey it to the CRA. Chairman Sanchez: All right. We need a motion on PH.2. Vice Chairman Gonzalez: I move it. Chairman Sanchez: It's a resolution. There's a motion by Vice Chairman Gonzalez -- Commissioner Allen: Second. Chairman Sanchez: -- second by Commissioner Allen. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward, state your name and address for the record. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.2, which is a resolution, is adopted. PH.3 05-01265 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " GALLERY ART", 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 of Miami Page 51 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-01265 Legislation.pdf 05-01265 Exhibit 1.pdf 05-01265 Exhibit 2.pdf 05-01265 Exhibit 3.pdf 05-01265 Exhibit 4.pdf 05-01265 Summary Form.pdf 05-01265 Public Hearing Memo.pdf 05-01265 Public Hearing Notice Ad.pdf 05-01265 Public Works Memo .pdf 05-01265 Public WorksNotice Ad .pdf 05-01265 Legal Description.pdf CONTINUED A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioners Regalado and Winton absent, to continue Item PH.3 to the Commission meeting currently scheduled for December 15, 2005. Chairman Sanchez: We go to PH.3 is also a resolution. It does not require a four -fifth. Linda Haskins (Deputy City Manager/Chief Financial Officer): Mr. Chairman, we would like to continue this item to the December 15 meeting. Chairman Sanchez: OK. I think we voted on that earlier, didn't we? Priscilla A. Thompson (City Clerk): No. Chairman Sanchez: No? OK. We need a motion to continue this item. Is there a motion? Commissioner Allen: I make a motion, Mr. Chairman. Chairman Sanchez: Motion by Commissioner -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Allen, second by Vice Chairman Gonzalez. 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." PH.3, for the record, which is a resolution, has been continued. PH.4 is a four -fifth. We don't have four -fifth, so well get back to it. PH.5 is also a four -fifth; we don't have that. We've done PH. 7. We've done PH.8. We've done PH.9, PH.10. PH.4 05-01269 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 THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE City of Miami Page 52 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNIVERSITY OF MIAMI CENTER FOR RESEARCH IN MEDICAL EDUCATION, FOR THE DEPARTMENT OF FIRE -RESCUE, TO CONTINUE WITHOUT INTERRUPTION OF THE DELIVERY OF THE EMERGENCY RESPONSE TO TERRORISM TRAINING FOR THE MIAMI URBAN AREA'S FIRST RESPONDERS, INCLUDING EQUIPMENT, COURSE DELIVERY, OUTCOMES ASSESSMENT AND QUALITY IMPROVEMENT, EFFECTIVE UNTIL FEBRUARY 28, 2007, TO COINCIDE WITH THE END OF THE 2005 URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM IV, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS TO COINCIDE WITH ANY AND ALL APPROVED EXTENSIONS OF THE UASI 2005 GRANT, AT A TOTAL AMOUNT NOT TO EXCEED $350,000; ALLOCATING FUNDS FROM THE UASI GRANT PROJECT ACCOUNT, SUBJECT TO BUDGETARY APPROVAL. 05-01269 Legislation.pdf 05-01269 Exhibit 1.pdf 05-01269 Exhibit 2.pdf 05-01269 Summary Form.pdf 05-01269 Memo.pdf 05-01269 Memo 2.pdf 05-01269 Public Hearing Notice.pdf 05-01269 Public Hearing Ad.pdf 05-01269 Observations & Recommendations.pdf 05-01269 Miami UASI Grant Budgets.pdf 05-01269 Certificate of Insurance.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-05-0679 Chairman Sanchez: All right. Let's go back to the four -fifth, now that we have a full Commission. Commissioner Allen: OK. Chairman Sanchez: All right. We have -- Commissioner Allen: PH (public hearing) -- was it 1 or PH -- ? Jorge L. Fernandez (City Attorney): PH.4 and 5. Commissioner Allen: 4 and 5. Chairman Sanchez: All right. Priscilla A. Thompson (City Clerk): PHI, 4, and 5. Commissioner Allen: And 5, yes -- Mr. Fernandez: OK, 1. City of Miami Page 53 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: -- 1. Chairman Sanchez: All right, PH.4. PH.4 is a resolution. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: Wait, wait, wait, wait, wait, wait, wait, wait. Is there anyone from the Fire Department? Deputy Fire Chief Maurice Kemp (Fire -Rescue): Yes, sir. Chairman Sanchez: Oh, there you go. Can you justify why UM (University of Miami) is the only center to provide that? Deputy Fire Chief Kemp: Because they are approved by the ODP, the Department of Homeland Security Office of the best Domestic Preparedness, who is the grantor, to provide this training, and they are the only facility that is approved. They've done it -- they did it for us last year, and it's a tri-county initiative, so it's Dade, Broward, and Monroe, so there's no discontinuation in providing the service, and they've done a great job, and we want them to continue. Chairman Sanchez: All right. Any further questions on this item? If not, it's a resolution. Commissioner Winton: You need a second, though. Commissioner Allen: Well -- Chairman Sanchez: Oh, I'm sorry. I apologize. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Commissioner Allen: Yeah. Well, just want -- just, if I can, Mr. Chairman, after -- Chairman Sanchez: Well, let me close the -- Commissioner Allen: -- right. Chairman Sanchez: -- public hearing, and we'll come back. Anyone from the public? Hearing none, the public hearing is closed at this time, coming back to the Commission for discussion. Commissioner Allen, you're recognized. Commissioner Allen: Yeah, could you just expound and put something on the record about the emergency nature of this, as well, if there is such? You've discussed the need, but -- yeah. Deputy Fire Chief Kemp: This is not an emergency item, sir. Commissioner Allen: OK. Thank you. All right. Chairman Sanchez: All right. It's a four -fifth. Ms. Thompson: And I need a second, please. Commissioner Winton: I moved it. Vice Chairman Gonzalez: I second. City of Miami Page 54 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion by Commissioner Winton, for the record, second by Vice Chairman Gonzalez and Allen at the same time. All right. There is no further discussion on the item. It's a resolution, four -fifth. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.5 05-01321 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Public (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, Facilities/Asset RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS Management EMERGENCY FINDING; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING AN AWARD OF A CONTRACT TO SHORELINE FOUNDATION INC., FOR THE PURCHASE AND INSTALLATION OF 49,538 SQUARE FEET OF HIGH QUALITY FIBERGLASS DECKING, WHICH WILL REPLACE THE EXISTING CUSTOM IPE HARDWOOD, OF WHICH APPROXIMATELY 55% WAS DAMAGED OR LOST AS A RESULT OF HURRICANE WILMA, IN AN AMOUNT NOT TO EXCEED $1,129,466.40; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 05-01321 Legislation.pdf 05-01321 Summary Form.pdf 05-01321 Memo.pdf 05-01321 Public Hearing Ad.pdf 05-01321 Emergency Dock Planking.pps CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Vice Chairman Gonzalez absent, to continue Item PH.5 to the Special Commission meeting currently scheduled for December 1, 2005; and further directing the Administration to work with the Coconut Grove Waterfront Working Committee to resolve the issues regarding the materials for the marina docks. Chairman Sanchez: PH.5 is also a four -fifth. Laura Billberry: Lori Billberry, Public Facilities. This is a resolution adopting the City Manager's finding of emergency, waiving competitive bidding procedures, and awarding a bid to Shoreline Foundation in the amount of $1,129,466.40, following an informal bid process for the acquisition and installation of a high -quality fiberglass decking for the piers and docks at Dinner Key Marina. Two bids were received in response to an informal bid process, with Shoreline being the lowest responsive and responsible bid. A substitute resolution was previously delivered to everyone deleting the words "with attachments," since there are no attachments, and amending the funding source to read "allocating funds from various capital project accounts, subject to budgetary approval." This item was also approved by the Homeland Bond Oversight Board. As a result of Hurricane Wilma, the existing marina was extremely damaged, with more than 55 percent of the existing Ipe wood decking being either damaged or is gone. The Marinas Division has worked diligently to make the repairs to protect the lives and City of Miami Page 55 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 safeties of the customers by installing plywood sheets to the missing deck sections. An emergency determination was made to fast -track this acquisition and the installation of a replacement product of fiberglass decking. This was done after researching at least ten different products, and it was determined that this type of decking would be the best replacement, given its durability, its ease of maintenance, load qualities, resistance to fading and warping, and its heat absorption, which will help prevent it from being excessively hot to work on, and to be able to be handled by the maintenance crews. It should be noted that this type of decking is already used at the Watson Island boat ramp, and also at Miami Marina. It is also a cost effective solution. Pursuant to an informal quote from our marine contractor, the acquisition, removal, and installation of just the 55 percent of the Ipe wood that was damaged would cost $43 a square foot for $1,158, 850. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So move. Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It's a resolution. It's a public hearing. Before we open it for discussion, the public hearing is open. Is there anyone from the public wishing to address this item? Please step forward and be recognized. State your name and address for the record. How many will be speaking on this item? Can I -- show of hands. Three? All right. Commissioner Winton: Four. Chairman Sanchez: Can we limit it to -- ? Are you going to give us a presentation on this? Michelle Niemeyer: A very short presentation. Chairman Sanchez: OK, please. Ms. Niemeyer: Very short. Michelle Niemeyer. I'm the chair of the Coconut Grove Waterfront Working Committee. Is there something that needs to be turned on here? Chairman Sanchez: Oh, 1-- can somebody help her, please? Can we get someone else come up while we get the setup -- the laptop setup, the presentation setup? Could we -- ? Ms. Niemeyer: That's fine. This may actually help them as well as me. I've got pictures of the post -hurricane -- immediately post -hurricane, so you can see what that looked like. Chairman Sanchez: Yeah, but why don't you set it up, and that way -- we want to allow you the opportunity to have a full presentation. Can we have someone else come up and talk while we setup with the laptop? State your name and address for the record We are on PH.5. Judith Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace, Miami. I am against this proposal that has been presented for very simple reasons. I'm a yachtsman. I have spent a lot of time in yacht clubs, and we are a tourist town. This is a facility that entertains yachting people from all over the world. It is the base for such events as the Southern Ocean Racing Circuit Regatta. Yachtsmen come in from all over the country, and the proposal wants to put one of the ugliest kind of decking I've ever seen in my life, and I have seen in very few yacht clubs around the world, in Dinner Key, where they have, at present, very beautiful hardwood piers and decks, and 1 think it is a shame if we are a tourist town and we're doing all of these things all over the city to promote tourism, to beauty the city, to promote ourselves as a world -class city. We are a waterfront community. We are a world -class yachting center, that we are going to put this ugly, City of Miami Page 56 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 yellow piece offiberglass with pimples on it, literally. That's what's supposed to keep you from slipping off it. It's the wrong color. It's the wrong material. We should bite the bullet; put the money into replacing the hardwood planks that are there because it looks like something they'd - - what they're proposing looks like something you'd see in a deck in Mau, China, so help me. It's vulgar; it's ugly, and if for no other reason, you should get more bids. It's not an emergency. They've covered the decks. Nobody's falling through. Take the time. Do the right thing, please. Chairman Sanchez: So, you're against the fiberglass and you're for the wood? Ms. Sandoval: Yes. Chairman Sanchez: Thank you. Commissioner Allen: Right. Chairman Sanchez: Now, listen, let's get -- Commissioner Allen: And -- oh, I'm sorry. Chairman Sanchez: Commissioner Allen, please, let's get through the public hearing, and then we'll -- Ms. Sandoval: That's it. Chairman Sanchez: -- debate. Are you ready for your presentation? Ms. Niemeyer: I'm ready. Chairman Sanchez: Thank you so much for your patience. Ms. Niemeyer: Can you see on your monitors what I see over there? Commissioner Regalado: Yeah. Commissioner Winton: Yes. Chairman Sanchez: Yes. Ms. Niemeyer: OK, great. Let me just start by saying that the primary purpose of the Coconut Grove Waterfront Working Committee is, and has been, and will continue to be to encourage the public input aspect of the waterfront master plan, which the City is now committed to paying $600,000 for two very highly qualified landscape architects. These people are going to be looking at the Coconut Grove waterfront, including Dinner Key, as part of a way of trying to beauty our community, and the big concern, frankly, that I have is very aesthetic. As Judy quite aptly stated, this stuff is really ugly, and we'll show you some pictures. I'm concerned that if we go with a color like we're looking at here, the planners will be trapped with continuing to somehow work around that option. I'm also concerned about the fact that this is being done without public input. That being said, I'd like to commend our marina manager because, after Hurricane Wilma, when I went to my boat, what I found -- OK, let me just go back because this - Chairman Sanchez: That's plywood, right? Ms. Niemeyer: That's the plywood. That's what I found the day that I came to my boat after the hurricane. When you look at those wooden planks, they look beautiful, they do. They are hot on City of Miami Page 57 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 your bare feet. I think they're beautiful. They could be great to stay the way they are, but one thing I noticed after the hurricane was, when the surge comes up, they float up, and then they fall down helter-skelter, and the piping you see there, a lot of it is PVC (polyvinyl chloride) piping, and the weight of those planks can damage that piping, so I'm sure that that's part of Mr. Bogner's concern. He's done a beautiful job so far in turning that into what we see now, which is fiberglass temporary planking. As someone who dragged a wheelie cart last weekend down that with a bunch of stuff to my boat, I can say I don't really feel like that's dangerous or that inconvenient for a little while, but obviously, it's not a permanent solution. Now, right now, we have a look that I personally consider almost a branding of Coconut Grove in this area. The historic City Hall building, the historic dockmaster's office, they have the white and blue look to them, and that's consistent throughout. Right now, the wood looks good with that. The yellow planking you see in front of Pier 6 in this photograph is a sample of the planking they're talking about replacing all of the wood with. To look a little more closely, that's what you're talking about, industrial bright yellow. We do have some wheelie carts that match it, so I suppose there's a color theme there, but consider that juxtaposed upon our white and blue. Commissioner Winton: Blue will go with yellow, though. Ms. Niemeyer: This is a closer look. Now, I don't know if you can tell in the picture, as you're looking at it there, but it's already looking dirty, which makes me think that it's also going to have some maintenance obligations that were -- you know, I don't know if those have been taken into consideration, but when you have something that picks up dirt like this has in a few weeks, you're going to have something that the maintenance guys are going to have to be out there cleaning on occasion, and that's another issue to look at. What we'd like to suggest is this. We don't really think this is an emergency. However, we do understand that, because of the hurricane, there may be issues with getting FEMA (Federal Emergency Management Agency) funding that might not be written into this resolution. If that's a consideration, obviously, I'd rather have my federal tax dollars paying for this than my local tax dollars paying for it. We do suggest, though, that, at a minimum, there be various color choices considered. We understand that this material comes in colors other than yellow -- Chairman Sanchez: Are there paying more colors? Unidentified Speaker: Yes. Chairman Sanchez: There are more colors? Unidentified Speaker: Yes. Chairman Sanchez: You know -- Commissioner Winton: Well, keep -- let's -- Ms. Niemeyer: -- and -- Commissioner Winton: -- hear the rest of the -- Ms. Niemeyer: -- what we'd like to ask is -- it dovetails into the public planning process. The City set up a website for the waterfront master plan. The City has the capability in its website to do polling, and what we'd like to ask is that Sasaki be included in the color selection, and then the public be polled. That could be done very quickly with -- 1'd say, within a week. It could get put up, and there could be an e-mail (electronic mail) blast, and people could be notified. Chairman Sanchez: You're going to poll on the colors? City of Miami Page 58 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: Wait. Ms. Niemeyer: Why not? Commissioner Allen: Why complicate it, this process? I mean -- Chairman Sanchez: Hey, listen, what -- Commissioner Allen: I'm sorry, but -- Chairman Sanchez: -- is it that you want? Commissioner Winton: And I'll tell you why not -- Commissioner Allen: -- I was -- Commissioner Winton: -- because I got elected to make decisions -- Chairman Sanchez: Yeah. Commissioner Winton: -- not to poll every time an issue comes before me, so -- Commissioner Allen: Yeah. Commissioner Winton: -- I'm very comfortable with all your suggestions here, I think they're the right ones, except for the polling -- Chairman Sanchez: Poll. Commissioner Allen: Yeah. Commissioner Winton: -- but I think your ideas -- y'all are correct in this, one hundred percent. It isn't an emergency, and I think we should do exactly this, look at color choices; look at other material choices -- Commissioner Allen: I agree. Commissioner Winton: -- and y'all could help us on the material side of it, and get Sasaki involved. I a hundred percent agree -- Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Regalado. Commissioner Winton: -- and good presentation. Ms. Niemeyer: Thank you. Commissioner Regalado: And one thing that we should determine first is this is -- this could be, and I think it is a FEMA issue because FEMA even approved any tree stump, so this was -- this area was a disaster, a federally declared disaster area, so we gualj for FEMA. Having said that, FEMA --1 don't know what kind of regulations they have. If they do go for this no -bid thing, you know the problems that FEMA had had in the past in New Orleans, but everything that she has said makes sense. I mean, getting Sasaki involved; get the color -- the polling, 1 am not also in agreement because everybody is going to want one color, you know, and then -- you City of Miami Page 59 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 know, 15 percent, blue; 18 percent, black, you know what I mean, but what's the rush, rush, rush, 1 mean? Commissioner Winton: Yeah, let's hear that. Commissioner Allen: Right. Glenn Marcos: Commissioner, just a point of clarification -- Glenn Marcos, Purchasing Director. This went -- this did go through a competitive process. It was an -- Commissioner Winton: Right. Mr. Marcos: -- informal competitive process, but it was competitive, and I also would like to go go ahead and stipulate the fact that we went ahead and worked with the CIP (Capital Improvements Program) Department and an engineer to end up providing us with the actual specification on this, so -- and I also would want to end up adding that this particular material is also being used at another marina, which is the Miami -- Commissioner Winton: Well, but -- Commissioner Allen: Well -- Commissioner Winton: -- that's all well and good, but it doesn't --1 want to hear -- Ms. Billberry: If I may? Commissioner Winton: -- the issue about FEMA. Commissioner Allen: Yeah, but before -- Mr. -- Commissioner Winton, before you address that, 1 don't want to leave one topic that you guys are discussing. Embracing everything you've just said, I guess the single most important issue to me is, if you guys were to incorporate what has just been advised, does that increase the overall cost? Ms. Billberry: If I may respond, please, to some of the comments that were made. We did have a study procured previously by Coastal Systems, and I have Tim Blankenship here from the company that can explain everything that he's looked at and why this material was chosen, so I'm not sure that deferring for the purposes of identifying a different material and choosing that, when we've gone through a formal engineering study, at this point would be in the City's best interest. We are concerned about the long-term use of that plywood and how long it can withstand the day-to-day wear and tear. It's not designed to handle the loads. Any type -- anything that we order, if it's -- especially, if it's the Ipe wood, it's going to take -- could take several months to procure, and our concern is that plywood is not going to last an extended period of time, thereby, increasing the City's liability, or causing us to repeat the replacement of the plywood that may not be covered by FEMA. FEMA will probably cover all of these plywood interim solutions, and there's a good likelihood that they will either mitigate this project in paying for the replacement with the fiberglass decking, or at the very least, compensate us for what it would cost to have replaced the Ipe wood with that type of product, and if I may, on the color choices, as well, if I could have Mr. Blankenship address you on why that color was chosen. Commissioner Winton: Well, I don't care, frankly. We're spending six or $700, 000 on a new waterfront master plan. We're at a point where we're trying to make long-term decisions about what we want our community to look like, and an engineer and somebody else isn't going to decide what our community is going to look like, and so, I think that -- and don't get me wrong. I appreciate that you're doing your job. You're trying to do -- you're trying to get this done as City of Miami Page 60 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 quickly as possible. You're trying to save us money. You're trying to do all those right things. However, that said, this isn't just about the saving money. This is -- we get one shot at this. That shot is now. If we were going to be doing the master plan two years from now, yeah, get it done. Maybe there's a different color; get it done, but we're not. We're in the middle of it right now. The consultants are on board. There's no reason why we can't take -- delay this for some short period -- we could get this done in what, two weeks, three weeks, a month? This isn't -- this should not be a long, long laborious process. We get a few people from the committee involved with Sasaki, with you guys and your consultants; we hammer something out. We look at -- they're smart people. We're all smart people. You can do this fast. Chairman Sanchez: Commissioner Allen, you're going to talk? Commissioner Allen: Yeah, just -- Commissioner Winton: This doesn't have to take a great deal of time. Commissioner Allen: -- quickly, just to clear something up for me, consistent with what Commissioner Winton has just advised. Any cost differential is somewhat insignificant, correct? Ms. Billberry: Between the -- Commissioner Allen: I mean, is there -- ? Yeah, because based on what they're suggesting, would that increase the overall cost, and having said that, is that a deal killer? I mean, does it kill the deal? Ms. Billberry: I'm not sure if you're -- when you're referring to what they're suggesting, if using the Ipe wood or changing the color. The Ipe wood will cost more. Right now, it doesn't seem to be a significant derence -- Commissioner Allen: OK. Ms. Billberry: -- but there is a difference. Commissioner Allen: OK, it's not material, so -- right. All right. Linda Haskins (Deputy City Manager/Chief Financial Officer): In the -- in using the wood, the wood price you gave was for 55 percent, which is about what we lost. Ms. Billberry: Correct. Ms. Haskins: The fiberglass is for everything, so the cost of the wood versus fiberglass, over time, as you have to repair, is right -- today, nearly double the cost of the fiberglass. Ms. Billberry: The -- Ms. Haskins: Again, that's just the cost, not the other considerations. Commissioner Winton: And that becomes one more element that goes into the ultimate decision making, and we'll make a decision. Chairman Sanchez: Look -- Commissioner Winton: At the end of the day, we'll make a decision, but there isn't any reason why we can't do this the right way. City of Miami Page 61 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: We agree on 99.9 of the issues. Significant damage; we've got to get them done as quickly as possible. The only issue here, whether it's wood or fiberglass; or fiberglass, whatever the color may be. You know, we -- can't we sit down with them, as Commissioner Johnny Winton stated, you know, and select a color? Commissioner Winton: I'm going to make a motion, if you don't mind, Mr. Chairman. Chairman Sanchez: Yeah, yeah. I mean, it's -- Commissioner Winton: I'm going to move that this item get deferred to the first meeting in December, and that we direct staff to work with the Waterfront -- what's it called? Ms. Niemeyer: Coconut Grove Waterfront Working Committee. Commissioner Winton: Thank you. With -- y'all pick two or three members of your committee to work with and bring Sasaki to the table. 1 want Sasaki to the table and you all at the table, and let's see if we can't get our heads together, work out a plan, and bring it back to the Commission meeting at the December meeting. That's my motion. Commissioner Allen: I second. Commissioner Regalado: Commissioner, the first meeting -- Chairman Sanchez: All right. Whoa, whoa, whoa, whoa, whoa. Commissioner Regalado: The first meeting -- Chairman Sanchez: Whoa, whoa. Commissioner Regalado: -- is on the 1st of December, that's planning and zoning. Commissioner Winton: Yeah, but we can't -- Chairman Sanchez: Yes, sir. Commissioner Winton: -- be ready by the 1st. Commissioner Regalado: Right, that's what I'm saying. Chairman Sanchez: All right, but for -- Ms. Niemeyer: We probably could. Chairman Sanchez: -- the record, folks, there's a motion and a second. Commissioner Winton: Hold on. Let me ask her, could we -- let's -- when is -- how -- two weeks 'till the 1st? Could we have this done by the 1st? Chairman Sanchez: 1 don't see why not. The only issue here is whether -- Commissioner Allen: Well, it's -- Chairman Sanchez: -- we go with wood or fiberglass, a different color. Commissioner Winton: Yeah, OK, fine. City of Miami Page 62 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Niemeyer: Yeah. Why not? Ms. Billberry: If the consultant is available, we certainly could. We'll contact -- Chairman Sanchez: The only issue here is selecting the material; if it's either wood or fiberglass, what color -- Commissioner Winton: The color. Chairman Sanchez: -- you would agree on, right? Commissioner Winton: So -- Ms. Niemeyer: Exactly. Chairman Sanchez: Is that it? Commissioner Winton: So bring it back to the December 1 meeting. Ms. Billberry: Very good. Chairman Sanchez: Are you satisfied with that? Ms. Niemeyer: Absolutely. Chairman Sanchez: All right. There's a motion and a second. 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. We'll see you -- Priscilla A. Thompson (City Clerk): I'm sorry, clar -- Chairman Sanchez: -- December 1, and hopefully, we could get those docks repaired as quickly as possible. Ms. Niemeyer: Thank you. Ms. Thompson: Just a clarification, that was a motion for continuance, not the resolution? Chairman Sanchez: No, motion for continuance to December 1 -- Ms. Thompson: Right. Commissioner Winton: Yes. Chairman Sanchez: -- two weeks, giving them opportunity -- Commissioner Winton: Yes. Chairman Sanchez: -- to sit down with -- City of Miami Page 63 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Clarified quite nicely, Madam Clerk. Ms. Thompson: Thank you. Chairman Sanchez: All right. What else can we take care of? We still got time. We could take care of a lot of -- Steve Hagen: Chairman, you had asked how many people were going to speak on this issue, and you didn't hear from the other people. Commissioner Allen: Oh, that's -- you did, You sure did, Mr. Chairman. You didn't close the public hearing, as far as I recall. Chairman Sanchez: Sir, you're recognized. I apologize. You're recognized. Mr. Hagen: Real quickly, I was just curious as to if this does get replaced with -- Ms. Thompson: I'm sorry. 1 need a name and address for the record -- Mr. Hagen: I'm sorry. Steve Hagen, chair of the Parks Committee of Miami Neighborhoods United. Ms. Thompson: -- and 1 want to make sure we're back on PH 5. Chairman Sanchez: PH.5. Ms. Thompson: Thank you. Mr. Hagen: If this gets replaced with some sort of synthetic material, what is in the current bidding -- what's going to happen with the existing planking? Ms. Billberry: The City was looking at surplussing (sic] that, and we would do that under a separate process. What that process is, at this point, I'm not sure if it will be an auction or what. We will be working with our Purchasing Department. Mr. Hagen: OK. I just would like to put on the record that, for the consideration, 1, about a month ago, saw an incredible waterfront combination sculpture and playground equipment in a nautical theme. It was actually a boat that was created out of old planking; that that might be considered as -- Commissioner Winton: Where'd you see that? Mr. Hagen: I saw it in Nova Scotia. Commissioner Winton: You got pictures? Mr. Hagen: I may. I know I -- Commissioner Winton: You know, why don't you bring them? Mr. Hagen: Yeah, so it could be created -- Commissioner Winton: Yeah. Mr. Hagen: -- and worked into the environment. City of Miami Page 64 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 10:30A.M. (A sign PH.6 05-01266 Department of Community Development Commissioner Winton: OK. Chairman Sanchez: All right. Is there anyone else? I certainly don't want to deprive anybody from speaking in a public hearing? Anyone else on PH.5? All right. [Later..] Chairman Sanchez: All right. Listen, I've been informed that we are going to have to -- PH.5, which was the decking for the marina -- Priscilla A. Thompson (City Clerk): Correct. Chairman Sanchez: -- we're going to have to change it from the 1st to the 15th of December because PZ (planning and zoning) -- the meeting is a special meeting for PZ items only. Commissioner Winton: Well, who said -- ? I mean, bull. Why can't we have another -- ? Who said that? Chairman Sanchez: Well, the City Attorney's telling me that. Under their advisement, I'm bringing it to your attention. Commissioner Winton: We can do whatever -- you know, absolutely, we can have another item on the agenda. If we decide we want another item on the agenda, we can have another item on the agenda. Maria J. Chiaro (Assistant City Attorney): You can add an item to a special meeting agenda. Well just need to prepare another agenda. That's why they're requesting -- you can add items to your special meeting agenda. Commissioner Winton: Thank you. Ms. Chiaro: It's -- normally -- I mean, if you had just continued the agenda and not declared a special meeting, then you wouldn't have needed to prepare another agenda. Right now, you have a special meeting; you can add items to it. Chairman Sanchez: Now, would we want to do that, just have one item on the agenda and create another agenda? Commissioner Winton: Yeah, because it's only one item. We get it done, and they can move forward, and we don't jeopardize public safety; we don't jeopardize -- you know, and they're worried about the plywood, so -- Chairman Sanchez: All right. Point well taken. We move on. interpreter translated discussion of items PH.6 through PH.10] RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 31st PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $200,000, FROM THE CITY OF MIAMI BUILDING DEPARTMENT -UNSAFE STRUCTURES; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE DEMOLITION OF UNSAFE STRUCTURES. City of Miami Page 65 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 05-01266 Legislation.pdf 05-01266 Exhibit 1.pdf 05-01266 Summary Form.pdf 05-01266 Public Notice.pdf 05-01266 Text File.pdf 05-01266 CDBG Funding Recommendation.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton PH.7 05-01267 Department of Community Development R-05-0680 Chairman Sanchez: We move on. Let's go to the public hearings. Those were properly advertised for 10: 30. Vice Chairman Gonzalez: Move PH.1. Chairman Sanchez: No, it's not PH.1; it's PH.6. Oh, I'm sorry. Well, let's go ahead and -- Vice Chairman Gonzalez: What happened to PH.1 ? Chairman Sanchez: Well, let -- no, no, let's go ahead and take care of the PH.6, and then we'll go to PH. 1. Do we have the translator here? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: OK Good to have you here. All right. Barbara, we'll go ahead and start with your item that was properly advertised for 10:30; that's PH.6. Barbara Gomez -Rodriguez: PH (public hearing) -- Barbara Rodriguez, Department of Community Development. PH.6, we're only transferring -- it's for the same amount of money for the same service, just transferring department. It's transferring $200, 000 from Miami Building Department to the Department of Community Development. Vice Chairman Gonzalez: Move PH.6. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion and a second. The motion is made by Vice Chairman Gonzalez, second by Commissioner Allen. It is 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, and we come back to the Commission for discussion. Hearing no discussion, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." The motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITIZEN PARTICIPATION PLAN ("PLAN"), PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0114, ADOPTED FEBRUARY 26, 2004, AND SUBSTITUTING IT WITH THE PLAN, City of Miami Page 66 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 ATTACHED AND INCORPORATED; UPDATING THE PLAN TO COMPLY WITH THE CODE OF FEDERAL REGULATION 24 CFR 91.105, WHICH MANDATES THAT A THIRTY (30) DAY COMMENT PERIOD IS REQUIRED PRIOR TO A SCHEDULED PUBLIC HEARING WHEN CHANGES IN FUNDING ALLOCATIONS ARE MADE AND/OR WHEN THE FOLLOWING UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("U.S. HUD") REQUIRED DOCUMENTS ARE ORIGINALLY DRAFTED (PRIOR TO SUBMISSION TO U.S. HUD) AND/OR ARE AMENDED: THE CONSOLIDATION PLAN, ANNUAL ACTION PLAN, CITIZEN PARTICIPATION PLAN AND THE FAIR HOUSING PLAN; AND INCLUDING A RELOCATION STRATEGY COMPONENT. 05-01267 Legislation.pdf 05-01267 Summary Form.pdf 05-01267 Public Notice.pdf 05-01267Exhibit 1.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0681 Chairman Sanchez: And we go to PH.7, which is also a resolution. Madam Director, you're recognized. Barbara Gomez -Rodriguez (Director, Community Development): PH.7, we're amending our Citizen Participation Plan, and this is to comply with the federal regulation 24 CFR 91.105, which mandates that there be a 30-day comment period before a public hearing or any item be presented to the City Commission. Vice Chairman Gonzalez: Move PH.7. Chairman Sanchez: All right. There's a motion to approve PH.7. It's a resolution. Is there a second? Commissioner Allen: Second for a quick -- Commissioner Regalado: Second. Commissioner Allen: -- discussion, as well. Chairman Sanchez: Second by Commissioner Allen for the purpose of discussion. Before we discuss it, Commissioner Allen, let's open it up to the public. 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, coming back to the Commission. Commissioner Allen, you're recognized. Commissioner Allen: Yes, Madam Barbara Rodriguez, I just discussed this with you, but I just want to make this clear for Joe Q. Public out there. When it says a 30-day comment period, does that mean written commentary relative to what's being proposed, and does it have to be submitted to your department? Because I think this needs to be explained a bit more in terms of Ms. Gomez -Rodriguez: It basically means -- City of Miami Page 67 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PH.8 05-01354 Department of Community Development Commissioner Allen: -- what this means. Ms. Gomez -Rodriguez: -- that 1 would have to have it advertised in a newspaper. They have the right to comment in writing or in person. Any comments will be brought up to the City Commission and directed to US HUD (United States Department of Housing and Urban Development). Commissioner Allen: Right, and this is by way of the federal government, not -- Ms. Gomez -Rodriguez: Correct. Commissioner Allen: -- the City, not your department exclusively. Ms. Gomez -Rodriguez: It's in reference -- it's to comply with the Code of Federal Regulation 24 CFR 91.105. Chairman Sanchez: This formalizes the agreement between the City and HUD. All right. Any further discussion on the item? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " The resolution carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE EXTENSION AND ROLLOVER OF ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, THAT WERE NOT COMPLETED DURING FISCAL YEAR 2004-2005 THAT ENDED SEPTEMBER 30, 2005, TO THE CURRENT FISCAL YEAR 2005-2006, ENDING SEPTEMBER 30, 2006; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE, IF NECESSARY, ANY REQUIRED DOCUMENTS TO AMEND THE EXISTING AGREEMENTS, WITH SAID AGENCIES. 05-01354 Legislation.pdf 05-01354 Exhibit 1.pdf 05-01354 Exhibit 2.pdf 05-01354 Summary Form .pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0682 Chairman Sanchez: We go to PH.8. It's also a resolution. Barbara Gomez -Rodriguez (Director, Community Development): PH 8, we're requesting approval to extend a group of contract, which is attached. It's Attachment "A." It's not authorizing additional dollars. It's just giving them one more year to complete the program, and the list is attached. Chairman Sanchez: All right. City of Miami Page 68 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PH.9 05-01355 Department of Community Development Vice Chairman Gonzalez: Move PH 8. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen, for the purpose of discussion. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Madam Clerk, the motion carries -- the resolution carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 05-0342, ADOPTED MAY 26, 2005, AND RESOLUTION NO. 05-0380, ADOPTED JUNE 9, 2005, EXTENDING THE PROJECT BOUNDARIES FOR THE MODEL CITY -FLORAL PARK IMPROVEMENT PROJECT, FROM NORTHWEST 43RD STREET TO NORTHWEST 57TH STREET, MIAMI, FLORIDA. 05-01355 Legislation.pdf 05-01355 Summary Form.pdf 05-01355 Text File.pdf 05-01355 Transferring Funds to CIP.pdf 05-01355 Text File 2.pdf 05-01355 CDBG Funding Recommendation.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0683 Chairman Sanchez: PH.8 is also a resolution. Barbara Gomez -Rodriguez (Director, Community Development): No, PH.9. Chairman Sanchez: I'm sorry. PH.9 is also a resolution. Ms. Gomez -Rodriguez: PH.9, we are requesting a change in boundaries on the Model City/Floral Park improvement project. The original resolution was from Northwest 40 Street to Northwest 43rd Street, Northwest 19th Avenue, and Northwest 17th Avenue. We are requesting to be extended to be from 40 Street and as -- going up to 57th Street, Northwest 19th Avenue to Northwest 17th Avenue. Commissioner Allen: OK. 1 move the item, and I just want to personally thank Ms. Rodriguez for this. It's a great project. It's moving along. It's employing a lot of individuals from that district, and I have just been totally just elated about this project. Thank you. Vice Chairman Gonzalez: Second. City of Miami Page 69 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PH.10 05-01356 Department of Community Development Chairman Sanchez: All right. There's a motion by Commissioner Allen, second by Vice Chairman Gonzalez. It's a resolution. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission, and I just want something for the point of clarification. This does not extend the Model City Trust boundaries, does it? Ms. Gomez -Rodriguez: It does not, and it does not allocate additional dollars. It is the same Model City/Floral Park improvement project being done by the CIP (Capital Improvements Program) Department in the City. Chairman Sanchez: But it extends the boundaries for the CIP projects? Ms. Gomez -Rodriguez: Only. Commissioner Allen: Only. Chairman Sanchez: OK My question has been answered. 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), AMENDING RESOLUTION NO. 05-0382, ADOPTED JUNE 9, 2005, AND RESOLUTION NO. 05-0477, ADOPTED JULY 28, 2005, BY CHANGING "ATTACHMENT " OF EACH RESOLUTION TO REFLECT THAT FUNDS, IN THE TOTAL AMOUNT OF $120,000, ALLOCATED TO DOWNTOWN MIAMI PARTNERSHIP, INC., ("DMP") AS SPECIFIED IN "ATTACHMENTS A AND B," ATTACHED AND INCORPORATED, BE CHANGED TO STATE "FOR THE IMPLEMENTATION OF AN URBAN NEIGHBORHOOD JOB CREATION PROGRAM WHICH WILL PROVIDE REHABILITATION OF BUILDING EXTERIORS AND JOB CREATION OPPORTUNITIES FOR CITY OF MIAMI RESIDENTS;" FURTHER AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS SPECIFIED IN "ATTACHMENT C," ATTACHED AND INCORPORATED, IN THE AMOUNT OF $500,000; ALLOCATING SAID FUNDS TO DMP FOR THE CONSTRUCTION COSTS ASSOCIATED WITH AN URBAN NEIGHBORHOOD JOB CREATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City of Miami Page 70 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 05-01356 Legislation.pdf 05-01356 Exhibit 1.pdf 05-01356 Exhibit 2.pdf 05-01356 Exhibit 3.pdf 05-01356 Exhibit 4.pdf 05-01356 Summary Form.pdf 05-01356 Public Hearing Ad.pdf 05-01356 Text File Report.pdf 05-01356 Transfer Funds from Allapattah.pdf 05-01356 Text File Report 2.pdf 05-01356 Economic Development Funding.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Absent: 2 - Commissioner Winton and Regalado R-05-0684 Chairman Sanchez: And we go to PH.10, which is also a resolution. Barbara Gomez -Rodriguez (Director, Community Development): PH.10, we are requesting some changes. We've been having some issues for the last year with the Downtown Miami Partnership. US HUD (United States Department of Housing and Urban Development) ruled that they will not be able to participate in the commercial facade treatment that the City has, so what we are requesting is, number one, the $120, 000 that they were awarded by this City Commission be changed from the commercial facade treatment to a program called Urban Neighborhood Job Creation Program. Also, this is a new program that they will be embark, which is that they will rehab the building exteriors of vacant building in the downtown area, with the opportunity to bring new businesses and create jobs. The way business will qualms will be through an RFP (Request for Proposals). For every $15, 000 of assistance, they will be creating one job. The owner of the building will have a mortgage to the property for five years. If they decide to leave the property, they would have to pay back the City. The maximum amount of investment will be $75, 000 per building, and basically, we are allocating $500, 000 for hard costs to this project. Vice Chairman Gonzalez: Move PH.10. Chairman Sanchez: All right. There's a -- Commissioner Allen: Second. Chairman Sanchez: -- motion to move PH.10 by Commissioner -- Vice Chairman Gonzalez. Commissioner Regalado: Second. Chairman Sanchez: There is a second by Commissioner Allen. It is a public hearing. Anyone from the public wishing to address this item, please step forward and state your name and address for the record. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue, Miami. I wanted -- I was wondering if Barbara could elaborate a little bit more on the job creation aspect of this particular project because, as you know, we're very concerned about this -- the construction that's going on in the City of Miami, and the lack of participation in certain areas in the City of Miami, specifically, in Overtown and in parts of Liberty City, so since this is a job creation project and I do think that the City Commission should take another look at their first source hiring agreement because that City of Miami Page 71 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 don't seem to be working out to serve the purpose that it was designed in the spirit of it. Because the problem that I've been having with it, by contacting the contractors that have contracted with the City and that are binded to this particular agreement, they -- the feedback that I'm getting from them is that they have people that they've laid off, and once they secure contracts with the City, they're going to go back to their layoff rolls, so with this new hire clause that they have, they claim that they don't have any new hires because they have people that they already have backlogged already on their payroll that they're going to bring back to work, and that is creating a problem in terms of creating true job opportunities for targeted neighborhoods with this first source hiring agreement, and even with the project that we have Overtown -- they're rebuilding the historic black police station there -- we can't even get anybody from the neighborhood hired on that particular job, and I contact Ms. Johnson with the Department of Capital Improvement, and we were supposed to be looking at that as sort of a model, and I can't even get one job out of that. As a matter of fact, what they've actually eluded to is started going in early in the morning doing a little work; come back late at night doing a little work; sneaking in on Saturdays and Sundays just to avoid -- and I think that that's ridiculous, and I think that if we're going to create any type of program or any type of model that's going to be conducive to serving this full community in terms of economic development -- because when we talk about economic development and job creation, especially in lieu of this construction boom that we're experiencing, we got to put together a vehicle that's going to be conducive to serving the entire community, and that's basically my concern, and because of how things are structured, on paper, it looks very good. When it actually comes down to implementation, I really do think that this Commission should take a good hard look at that first source hiring agreement, and that they should totally just get rid of that new hire clause that's in there. Chairman Sanchez: Let me just ask you -- Mr. Cutler: Thank you. Commissioner Allen: Yeah. Chairman Sanchez: -- a question. Under the first source hiring, how many jobs have you been able to obtain? Mr. Cutler: Under the first source hiring, none. Chairman Sanchez: With all the development that's going on, you have not -- Mr. Cutler: With all of the development -- to be perfectly honest with you, Mr. --1 take off my hat to Commissioner Winton because he's gone beyond the call of duty in putting together some developers to create some jobs, and the jobs that has been created was primarily due to the effort of Commissioner Winton, and I really have to thank him for that. Chairman Sanchez: But -- Commissioner Allen: Mr. Chairman. You may recall that I also helped you with that, as well -- Mr. Cutler: Yes, yes -- Commissioner Allen: -- Charles Cut -- Mr. Cutler: -- of course. Commissioner Allen: When I first came on board, I was adamant about that first source hiring agreement -- City of Miami Page 72 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Cutler: Right. Commissioner Allen: -- and I -- in conjunction with Commissioner Winton, as well, we try -- you know, so -- Mr. Cutler: Right, they did work -- Commissioner Allen: -- yeah, it was -- Mr. Cutler: -- out a project where they brought some developers to the table to create, but that had nothing to do with the first source hiring agreement. That was something that was done by the Commissioners, where they took the initiative to call some developers together, and they came -- they was the ones that came up with some jobs, but in terms of trying to work this first source hiring agreement, we've been running into a lot of problems with that, and I think that we need to bring that back to your attention because I know that this Commission is a good Commission and you guys really try hard -- Commissioner Allen: Charles. Mr. Cutler: -- to make things work -- Commissioner Allen: Yeah, Ms. -- Mr. Cutler: -- and I just want to make sure that you get the facts, so that when -- Commissioner Allen: Right. Mr. Cutler: -- you do get ready to make decisions in terms of what's going on in the department, that you'll -- Commissioner Allen: I understand. Mr. Cutler: -- that -- because I think you'll do the right thing -- Commissioner Allen: Right. Mr. Cutler: -- once you have the information. Commissioner Allen: Yeah, and Mr. Cutler, if I may -- Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: -- Commissioner -- Mr. Chairman. Charles, you make some very excellent points, and you may recall when I was appointed, in each of the planning and zoning agenda items, I would speak to those developers, pursuant to the first source hiring agreement, and make sure that they hire individuals consistent with the, as you said, economic construction boom taking place here. I personally went to some of the individuals in the district, and said, look, here, you need to write and contact these guys. 1 had various developers, but 1 don't know if there was ever any follow-up by anyone out in the community or yourself or anyone else, and so, to that end, I think, we, as a Commission, also need some follow-up, once we implement it, to determine whether or not those constituents in my district are actually following up on it, and if they're not, then we should know, or if there's no response, then 1 should have known because 1 gave a directive to my constituents. Let me know, after the first month or so, are you getting a response. 1'll bring it back before the Commissioner. This is the first time I'm hearing this from you, and it's been over a year. City of Miami Page 73 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Cutler: Now, with the Edison Tower -- with the Edison project, you did a good job on that. We watched them -- Commissioner Allen: Right. Mr. Cutler: -- and once we started talking to the developers themselves, they -- what they did was they did bring in some minority contractors to do the job, but in term -- but still, in terms of actually hiring people from the community, that is not happening, and I think that there's some type of process, some type of vehicle that needs to be -- Commissioner Allen: OK, let me -- Mr. Cutler: -- put in place, and I -- Commissioner Allen: -- if I could -- OK, Charles -- Mr. Cutler: -- know I'm not -- Commissioner Allen: -- if I could, Mr. Chairman. Let me wrap up with a, again, resolution, and this is consistent with what I suggested from day one when I was appointed, that this Commission, in conjunction with the Planning and Zoning Department, make sure that those individuals are -- that are developing these condominiums out here provide some statistical evidence as to how many hirees from the City and in -- also District 5. We need an accounting of that, that way we can get some sort of response that'll be satisfactory to you. Mr. Cutler: Right. Commissioner Allen: So, to that end, would that be helpful, fellow Commissioners? Would that be helpful, Madam Rodriguez? Ms. Gomez -Rodriguez: Let me first say that this does not have anything to do with a first -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- source hiring. Commissioner Allen: Yeah, I know, it doesn't. Ms. Gomez -Rodriguez: This is a program where the Downtown Miami Partnership will be recruiting businesses to come -- Commissioner Allen: Correct. Ms. Gomez -Rodriguez: -- to vacant buildings. Commissioner Allen: Right. Ms. Gomez -Rodriguez: They will have to prove that, out of $15, 000 -- for every $15, 000, the job have to be created. It's a very cumbersome -- and Commissioner Gonzalez can attest because he used to be in that business. It is a very complex system that HUD uses to certify that. It is a mortgage against these building owners for five years, so it is to their advantage to make sure that they comply with, but this does not have anything -- Commissioner Allen: That's correct. City of Miami Page 74 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Gomez -Rodriguez: -- to do with a first source hiring. Commissioner Allen: Right. Ms. Gomez -Rodriguez: They have to hire low income. It would have -- they do have to cert. Chairman Sanchez: All right. Ms. Gomez -Rodriguez: They have to send us their social security, their backup, so it's a very cumbersome system; very different than the first source hiring. Commissioner Allen: Correct. Mr. Cutler: Well, my question was, since they did have the job creation aspect tied to this particular legislation, I wanted to get a clear understanding of what that means and how we can sort of incorporate some things that's happening in the inner city, or that's not happening, so that we can get some residents within the City to participate, even in this process. Ms. Gomez -Rodriguez: They would have to be -- Linda Haskins (Deputy City Manager/Chief Financial Officer): May I make a suggestion? Commissioner Allen: Yeah, it -- Ms. Haskins: I think we can --1 think we've got a couple issues. Commissioner Allen: Right. Ms. Haskins: One is for those City projects, our City capital projects, and where we're asking our contractors to hire City residents and that sort of thing. Mr. Cutler initially mentioned that he had been speaking with Diane Johnson in the CIP area. What I would like is to have Mr. Cutler meet with Mary Conway from CIP. There's also a program that was funded for this year called Miami Works, which is a program that's designed to work with the private developers and making sure that there is a qualified workforce in place to fill positions on these projects, so what I'd like to do is suggest that maybe we have Mr. Cutler meet with Mary Conway and we bring in the person who's involved in Miami Works, and try to come to a resolution on this just to see how many jobs have been placed -- Chairman Sanchez: All right. Ms. Haskins: -- and what efforts have been made to ensure that our contractors are using members of the community on the jobs. Commissioner Allen: Good suggestion. Chairman Sanchez: All right. Is there anyone else from the public? If not, the public hearing is closed. This is a resolution. There's already a motion and a second on the floor. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Gomez -Rodriguez: Thank you. City of Miami Page 75 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: Let's try to do some -- PH. I. It requires a four -fifth; we don't have it. Most of them do require a four -fifth. City of Miami Page 76 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 ORDINANCES - SECOND READING SR.1 05-01039 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY" AND DIVISION 3 OF SAID CHAPTER AND ARTICLE OF THE CITY CODE ENTITLED "MAYOR'S INTERNATIONAL COUNCIL" TO PROVIDE SEPARATE QUORUM REQUIREMENTS FOR THE MAYOR'S INTERNATIONAL COUNCIL; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-923(F) OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-021039 SR-Legislation.pdf 05-01039 FR-Legislation from 09-22-05 Meeting.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 12743 Chairman Sanchez: SR.1. SR.1 is an ordinance on second reading. It does not require a four -fifth vote. Is there anyone from the Administration -- Vice Chairman Gonzalez: Move it. Chairman Sanchez: No. We need someone from the Administration on this item. Jorge L. Fernandez (City Attorney): This is -- Mr. Chairman, this is the issue with establishing the quorum for the international -- for the Mayor's International Council. This is on second reading, and in essence, this rewrites that provision of that ordinance that says that quorum is constituted by a majority of those present. Commissioner Allen: That's correct. Chairman Sanchez: All right. We need a motion. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner -- Commissioner Allen: Second. Chairman Sanchez: -- Winton, second by Vice Chairman Gonzalez. The item is under discussion. Before we open up for discussion, it's an ordinance on second reading. 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, coming back to the Commission for discussion. Hearing no discussion, 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. City of Miami Page 77 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Sanchez: Let's go -- Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.2 05-01139 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE IX, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT" BY CREATING A NEW SECTION 54-344, SUPPLEMENTAL BANNER FEE PROVISION, TO SAID CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01139 FR-SR Legislation.pdf 05-01139 E-mail.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 12744 Chairman Sanchez: All right. Vice Chairman Gonzalez: What about SR.2? We did that? No. Chairman Sanchez: Madam Clerk, SRs (second reading)? Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: Let me just work my way towards the SR. SR. I is an ordinance on second reading. Vice Chairman Gonzalez: We already did that. Chairman Sanchez: We already did that one, right? Ms. Thompson: No. Commissioner Winton: Yes, we did. Chairman Sanchez: Yes, we did. Commissioner Winton: That's Mayor's International Council. Chairman Sanchez: We voted on -- Ms. Thompson: I'm sorry. You're right. City of Miami Page 78 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- SR. 1. Ms. Thompson: You are correct. Chairman Sanchez: How about SR.2? Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Commissioner Winton: Second reading. Chairman Sanchez: All right. Commissioner Winton: Banner fee. Chairman Sanchez: SR.2 is an ordinance on second reading, but however, 1 always have someone -- Commissioner Winton: Supplemental banner fee, Coconut Grove Business District. So move. Chairman Sanchez: All right. There's a motion and a second. All this does is reduces the fee from banners from 2,000 to $500, and I'm OK with it. There's a motion and a second, and it's an ordinance on second reading. 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. Any further discussion on this item? Hearing none, 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: 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, 4/0. City of Miami Page 79 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 ORDINANCES - FIRST READING FR.1 05-01231 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION ESTABLISHING THE COMMUNITY TECHNOLOGY ADVISORY BOARD ("BOARD"), BY SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, OATH, QUORUM AND VOTING, MEETINGS, SPECIFICALLY DESIGNATED PERSONNEL BY THE CITY MANAGER TO ACT AS LIAISON TO THE BOARD, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT; PROVIDING FOR SUNSET REVIEW, MORE PARTICULARLY BY AMENDING SECTION 2-892, OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-01231 Legislation FR/SR.pdf 05-01231 Memo 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: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right. FR.2 is an ordinance on first reading -- Vice Chairman Gonzalez: What about FR. 1? Chairman Sanchez: -- and that is from -- Commissioner Winton: Did we do FR.1? Chairman Sanchez: -- the City Attorney. Vice Chairman Gonzalez: What about FR.1? We did FR.1? Commissioner Winton: You already do FR.1? Chairman Sanchez: Oh, I'm sorry. No, we haven't done FR.1. I skipped it. FR.1. Commissioner Winton: I thought we already had one of these, by the way. Jorge L. Fernandez (City Attorney): FR.1, we placed it on the agenda because we helped the department write it, but you really need the Department of Information Technology make a brief presentation to you. It's, otherwise, just creating the -- this committee. Commissioner Winton: Don't we have one of these committees already? I thought we had this committee already. City of Miami Page 80 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Vice Chairman Gonzalez: We have a board for technology. Commissioner Winton: Yeah. Peter Korinis: Commissioner, Peter Korinis, Chief Information Officer, and chairman of the Community Technology Advisory Board. This Commission -- this board sunsetted just this past month -- Commissioner Winton: Oh. Mr. Korinis: -- and rather than bring it back to you for another one-year term, the suggestion from law was that we come forward with it in this form to make it -- Commissioner Allen: Permanent? Mr. Korinis: -- not have to be sunsetted again in one year, but make it two years. Commissioner Allen: You want to make it a permanent board? Commissioner Winton: No, two years. Mr. Korinis: No, sir. We're suggesting a -- not a permanent board, but a review, I believe, in two years. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There's a motion and a second on FR.1. It is a ordinance on first reading. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing portion is closed, coming back to the Commission for discussion. Any discussion on FR. 1 ? if not, Mr. City Attorney, read the ordinance into the record, followed by a roll call by the City Clerk. 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. FR.2 05-01288 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 62/ARTICLE VII/SECTION 62-189 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/PROCEEDINGS," BY CHANGING THE QUORUM REQUIREMENTS FROM FIVE MEMBERS TO FOUR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-01288 Legislation SR.pdf 05-01288 E-mail FR/SR.pdf City of Miami Page 81 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 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: FR.2 is an ordinance on first reading. Vice Chairman Gonzalez: Move it. Jorge L. Fernandez (City Attorney): And, likewise, Mr. Chairman, Commissioners, this is an amendment to the Historic Preservation -- Historic and Environmental Preservation Board, changing the quorum requirements. Commissioner Winton: So moved. Commissioner Allen: Second. Chairman Sanchez: There's a motion and a second. The motion is made by Commissioner Winton, second by Commissioner Allen. Before we open it up for discussion, it's an ordinance on first reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back for discussion. On discussion, it changes the quorum from what, five to four? Mr. Fernandez: Exactly. Chairman Sanchez: You know, and it goes back to -- you know, it's really sad that people lobby us for boards, and then they don't commit to showing up, and we need to address that because it's not only a problem on this board, it's happening on a lot of boards that you can't get people to show up, and they don't have a quorum, and at the end of the day, the disservice is to the people that we represent. All right. 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: 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. Chairman Sanchez: FR.3 is the first item at 2:30 when we come back, and we'll address that. FR.3 05-01042 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 13, ARTICLE I, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY CLARIFYING REFERENCES TO THIS ARTICLE I; UPDATING FINDINGS, INTENT AND AUTHORITY RELATING TO IMPACT FEES; DELETING, AMENDING AND ADDING NEW DEFINITIONS; PROVIDING FOR APPLICABILITY OF IMPACT FEES TO ALL NEW RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT EXCEPT FOR City of Miami Page 82 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 DEMINIMIS DEVELOPMENT AND GOVERNMENTAL USES; PROVIDING FOR IMPOSITION OF NEW IMPACT FEE SCHEDULES TO BUILDING PERMITS SUBMITTED AFTER A SPECIFIED DATE; ESTABLISHING NEW IMPACT FEE BENEFIT DISTRICTS AND SUBDISTRICTS; PROVIDING FOR AN AFFORDABLE HOUSING IMPACT FEE DEFERRAL PROGRAM; ESTABLISHING NEW IMPACT FEE SCHEDULES FOR POLICE, FIRE -RESCUE, GENERAL SERVICES AND PARKS AND RECREATION IMPACT FEES; PROVIDING CERTAIN REQUIREMENTS FOR COLLECTION, ACCOUNTING AND EXPENDING IMPACT FEES AND REQUIRING ANNUAL REVIEW AND TRIENNIAL UPDATE OF IMPACT FEES; CLARIFYING LANGUAGE RELATING TO ADMINISTRATIVE FEES AND BONDING OF CAPITAL IMPROVEMENTS; PROVIDING AN ADMINISTRATIVE PETITION PROCESS FOR DETERMINATIONS OF IMPACT FEES DUE, AFFORDABLE HOUSING DEFERRAL, REFUNDS AND CREDITS; CLARIFYING LANGUAGE RELATED TO CITY COMMISSION AND JUDICIAL REVIEW; CLARIFYING LANGUAGE RELATED TO IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REQUIREMENT; PROVIDING FOR COLLECTION BY ALTERNATIVE METHODS; RETAINING PREVIOUS IMPACT FEE SCHEDULES AND SUBAREAS FOR IMPOSITION ON BUILDING PERMIT APPLICATIONS SUBMITTED PRIOR TO A SPECIFIED DATE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-01042 Legislation SR.pdf 05-01042 Summary Form FR/SR.pdf 05-01042 Presentation SR.pdf 05-01042 Growth Related Impact Fees FR/SR.pdf 05-01042 Legislation.pdf 05-01042 Submittal-1.pdf 05-01042 Submittal-2.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Noes: 1 - Commissioner Gonzalez A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to require that all expenditures from the parks impact fee revenues be presented to the Parks Advisory Board prior to coming before the City Commission for consideration. Chairman Sanchez: Just for the record, the impact fee item is going to be heard probably at 2:30 this afternoon, so if there's anyone here on that item, have a long lunch and come back 'cause I thought I could get you out of here, but it doesn't look like we're going to be able to do that, so we'll take that item -- first item at 2:30. Thank you. [Later.. ] Chairman Sanchez: Let's go into FR.3, and that is an ordinance on first reading pertaining to the City of Miami impact fee. Madam Counsel, are you ready for your presentation? Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, to help set up while Ms. Schoettle-Gumm is there, as you know, the Administration and my office together have retained the services of TischlerBise, as well as Ms. Schoettle-Gumm to work with us in the City of Miami Page 83 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 drafting of the impact fees ordinance that's going to be presented to you today. Their -- they have a brief presentation that they would like to walk you through, if we get the assistance of computers so that you can see it on your screens, a short PowerPoint presentation. It comes live in a few minutes. Priscilla A. Thompson (City Clerk): It's going to come -- he's coming right now. Chairman Sanchez: He's on his way. He's on his way. Mr. Fernandez: Right. Susan Schoettle-Gumm: All right. Thanks. Chairman Sanchez: Now, does everybody have a copy of the report, Commissioners? This item was in front of us as a presentation last time. There was no action taken, and today it's being heard on first reading. It will come back to us on second reading. Mr. Fernandez: Correct. Ms. Schoettle-Gumm: Yes. Good afternoon, Commissioners. I'm Susan Schoettle-Gumm. As Mr. Fernandez mentioned, I'm under contract with the City to help on the update of the impact fee system. Dwayne Guthrie, with TischlerBise, was here on the previous presentation to you. He was not available to come today, so I'm going solo today, so stay away from the detailed technical questions, if you can. You have a handout that has a presentation that's about twice as long as the one I'm going to give you. I've tried to condense it, make it a little shorter because 1 understand you've got a lot of other items on your agenda this afternoon. Very briefly, I want to go over comparison between the major changes that we're recommending to your impact fee system. The existing impact fee system was adopted in late 1987, so it's not been updated for almost 18 years. It uses small planning areas, which have been a problem with Administration in the expenditure of the fees. We're recommending uniform citywide fees by facility type. The only one that we differ on that is on the fire system because you do have the Miami River posing a major physical barrier to the operations of response to fires. We're recommending two sub districts for the expenditure and accounting of the fees. The new fee schedule we're recommending that it would be applicable to building permit applications submitted after January 1 -- January 31, 2006. What that means is any building application that is submitted to and accepted as complete by the City, prior to 5 p.m. on January 31, would go under the old fee schedule. Commissioner Regalado: Excuse me. Ms. Schoettle-Gumm: Yes. Commissioner Regalado: Completed and approved. Ms. Schoettle-Gumm: No. Submitted and accepted as complete, not approved; so as long as they submit a building permit application that is reasonably complete, in terms of it has all the documents required, then that would go under the old fee schedule. Commissioner Regalado: How about if there's a rush of building applications? Ms. Schoettle-Gumm: There is very likely to be a rush, there always is, any time a fee schedule like this increases. Chairman Sanchez: And that's something that we need to be very careful with and make sure that the Planning Department and whoever's in charge of that make sure is that we do have a set City of Miami Page 84 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 standard that gives us -- which we do have the authority -- to either deny it or not accept it if it's not completed. Ms. Schoettle-Gumm: That's correct, and I know the Chief of Operations has been working with the Building Department official to develop those standards to make sure that everyone's aware of exactly what those requirements will be. Chairman Sanchez: That was a concern last time. I think it was brought out by Commissioner Winton. Ms. Schoettle-Gumm: Yes, and so she's been working with staff to make sure everyone's aware of that. Another question that came up is the application of the fees to residential units. We're recommending that you go to application of fees on a per dwelling unit basis, rather than a square footage basis. Legal requirements being that impact fees, the amount, has to be related to the demand for facility capacity. That primarily relates to the presence of people, so what we're recommending is that you look at the persons per household by type of unit. Single-family detached, low-rise and high-rise is the two multifamily categories. Analysis by TischlerBise indicates that there is not a great variance in the size of your high-rise nonres -- of your high-rise residential development, but there is a fairly consistent number of persons per household, so again, they feel that the persons per household is the better indicator and provides a more defensible basis for the imposition of your residential impact fees. The nonresidential fees would continue to be imposed on a per square foot basis. Again, that looks at actual trip generation rates, or the equivalent of employees and persons at a nonresidential structure. Again, still relating the demand to the presence of people. Certain categories would be per room or per lodging for nonresidential. For example, hotel/motel, and schools are done on a per classroom basis, things like that, so there are certain categories that are looked at uniquely, and again, those are all called out in the ordinance in the fee schedules. Very quickly, the impact fees that are being proposed to you today: Parks and Recreation, Fire -Rescue, General Services, which includes the Solid Waste vehicles, which previously were a separate impact fee, and Police. We're recommending that you suspend the collection of the street impact fee in order to allow staff and the City Manager's office to continue to work with Miami -Dade County to identify an area where we can develop a transit -related impact fee for the City, because that impact fee needs to very carefully dovetail with the County's transportation impact fees and not overlap with certain areas of their authority. On the Parks and Recreation impact fee, we're recommending that you look at citywide parks; those are parks of three acres or greater in size that have a citywide client draw. Reason we're recommending that is that you -- that allows you to go to citywide collection and expenditure. You've had difficulties in the past being able to expend impact fees because they're collected for small areas, and many times there's not enough new development in a small area to generate enough money to actually fund a park, so this allows you to aggregate impact fees for projects that need more -- that are appropriate for more impact fee funding, and it also let's you move the money around across the City. On the waterfront parks, the fee is primarily focused on improvements to waterfront parks. The City does not currently have any waterfront land acquisition in its CIP (Capital Improvements Program). The Parks and Recreation impact fee looks at what you're planning to do for the next five years because that's what that money would be used for. Since you have no additional waterfront parkland acquisition in your CIP, we recommend against including land costs on that component of the park impact fee at the present time. The Park impact fee will also fund portions of new pools and gymnasiums. Fire -Rescue impact fee looks at apparatus in stations. That does include a land component in it because you do have additional land acquisition in your five-year CIP. General Services is vehicles and equipment for a range of City departments, as well as a portion of growth -related modifications to the MRC (Miami Riverside Center). These are modifications related to improving the building permit review process, so it's really directly related to new development. The Police impact fee focuses on buildings, vehicles, and equipment. You are not planning to acquire any additional land for Police facilities the next five years because the major facility that is planned is the police training facility. It will be located City of Miami Page 85 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 on land that's already in City ownership, so again, that particular impact fee does not have a land cost component, but it's focused on improvements and vehicles. One of the questions that came up at the last meeting was a question about how the proposed fees for the City of Miami compared to other jurisdictions. It's difficult to find equivalent situations. Miami is a unique city in the State of Florida, and also uniquely has impact fees across a range of facilities. Many other jurisdictions may have one or two impact fees, say one for roads and one for parks, but not for the wide range of impact fees that you have. As a total, the single-family per dwelling unit fee proposed for the City of Miami is $8, 099. For comparison, Palm Beach County, not including their school impact fee, is $6,279; Wellington is 5,211; Orange County, 3,518; and Miami -Dade County's fees are 2, 924 for the same type of development here. Again, that shows you you're on the forefront of the amount of the impact fees that new development would be paying. Many of these other communities are actually in the process of starting to update their fees, so they may jump ahead of you in the next year or so, but right now, you'll be in one of the highest in the state. Same type of comparison for a multifamily single dwelling unit, and then the same kind of comparison for an office development of 100,001 square feet, and again, that just shows you the range of differences. Wellington's impact fee is -- the reason it is so high there is their road impact fee is extremely high. Briefly, to show you a comparison of what the City's current average annual revenue is, on the left is your average annual revenue under the existing impact fee system, and to the right is a column showing the projected average annual revenue with the new fees in place. You can see the yellow box there is the parks. That is the primary -- that's the highest impact fee that the City's looking at in terms of the proposal. Vice Chairman Gonzalez: Would you go back to the chart? Ms. Schoettle-Gumm: Yes, sir. Vice Chairman Gonzalez: OK. Most of the monies that are generated by the impact fee is going to be used in parks, correct? Ms. Schoettle-Gumm: Yes, sir. Vice Chairman Gonzalez: All right. Ms. Schoettle-Gumm: Yes, as a primary -- Commissioner Regalado: I got a question on the Wellington. Ms. Schoettle-Gumm: Yes, sir. Commissioner Regalado: Where is it? Ms. Schoettle-Gumm: Where is Wellington? Commissioner Winton: West Palm. Ms. Schoettle-Gumm: It's near West Palm. Chairman Sanchez: West Palm. Commissioner Regalado: And why did you choose that? Is it because it's -- ? Ms. Schoettle-Gumm: They had a -- I was trying to find some jurisdictions that might have impact fees on the higher range. Commissioner Regalado: But I'm -- are these like mansions or -- ? City of Miami Page 86 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Schoettle-Gumm: I think they have expensive roads. Commissioner Regalado: I mean, Donald Trump is selling one for $25 million in West Palm Beach. Commissioner Winton: Well, that's in Palm Beach, not in Wellington. Wellington's (UNINTELLIGIBLE) West Palm Beach. Ms. Schoettle-Gumm: But -- Commissioner Regalado: Is part? Ms. Schoettle-Gumm: -- the impact fees aren't related to the value -- Commissioner Regalado: Oh, I understand that -- Ms. Schoettle-Gumm: -- of the homes. Commissioner Regalado: -- but I'm saying about the kind of people that live in that area. Ms. Schoettle-Gumm: Yes. Although, you know, from having driven through there, there is a mix of housing in the area, but I think you're right. 1 think it's predominantly a higher income area. Just briefly to go over what the projected impact fee revenue can allow the City to do. Rejecting approximately $36.59 million in impact fee revenues over the next five years, with an average annual revenue of 7.32 million, in the Parks and Recreation area, that would allow the City to purchase 11.1 additional acres of citywide parks; provide 24 point -- Commissioner Winton: At what price per square foot for land? Ms. Schoettle-Gumm: That's at $50 a square foot, and that is an item that I think the City will definitely want to look at updating within the next year. That was based on the most recent parkland acquisitions the City had, which I believe was Little Haiti Park, and that was the best information we had available. There are some options the City can pursue to make that a more realistic number, as I'm hearing that that's viewed as too low a number. I mean, that's the best data we have. It would provide approximately 24.2 million for land, 2 million for improvements, 1.7 million for additional waterfront park improvements, and would fund approximately 30 percent of an additional pool, and 6 percent of a new gymnasium, and the Fire -Rescue impact fee would provide -- would fund approximately 2 percent of the two new fire stations you have in your five-year CIP, and approximately 6 additional Fire EMS (Emergency Medical Service) vehicles or apparatus. In the general services area, you could purchase 19 additional vehicles and (UNINTELLIGIBLE) approximately 1.5 million towards the MRC building modifications. The Police impact fee would fund 54 additional vehicles and approximately 8 percent of the new police training facility. I also have slides that show the proposed fees themselves. You have that in your documents, and 1 imagine most of the public has that in their documents. I can show them to you, if you want, but otherwise, I would like to read into the record some corrections to the ordinance that is in the legal system right now. Chairman Sanchez: May I suggest you finish with the presentation, and then well read those into the record? Because we're going to have to vote those in, as amended. Ms. Schoettle-Gumm: OK. Then 1 am open for questions. Chairman Sanchez: All right. OK. Before we go with the questions, let's get a motion and a second for the purpose of discussion. Is there a motion? City of Miami Page 87 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: I second it for discussion. Chairman Sanchez: Second by Vice Chairman Gonzalez for the purpose of discussion, but before we discuss it, why don't we turn it over to the public now for -- anyone who wishes to address this item, please step forward, state your name and address for the record, and let's go ahead and limit -- How many speakers do we have? How many speakers are we going to have? Commissioner Winton: Three or four, five. Chairman Sanchez: OK, four. Let's go ahead and limit it to five minutes each. Truly Burton: Well, we'll take less than that. Chairman Sanchez: Well, that'll be great, but I'll go ahead -- and we'll give you five minutes each. Ms. Burton: Congratulations, first of all, before I start -- Chairman Sanchez: Thank you. Ms. Burton: -- on an excellent victory for yourself -- Chairman Sanchez: Thank you. Ms. Burton: -- and also, I assume the Mayor's listening, congratulations to all of you who did a great job, so my name is Truly Burton. I represent the Builders Association of South Florida. Our address is 15225 Northwest 77th Avenue, in Miami Lakes, Florida. Needless to say, as home builders, we take a look at every one of these ordinances, and we have great concern about the impact on any number of things. I do first want to thank Alicia Cuervo Schrieber and Otto Boudet; they met with us. Alicia met with us twice and Otto, then subsequently, and explained the ordinance in detail. 1 also had a chance to read the study, and I thought the study was professionally done. Now, having said that, I don't think any of us -- any of our members like it when the cost of a home or shelter goes up. I guess, effectively, we've learned to live with the impact fees as kind of a cost of doing business, but just a couple of words about issues that we think were a bit -- we just don't have any control over them, as it relates to the cost of a new home, which is land costs, which has skyrocketed, which is part of your parks situation, and building materials costs that are just escalating left and right, so we're very concerned about that. Increment fees that go up that we might be able to make a little bit of a dent in, but you know, those are things we just cannot control, including some of these issues, and the -- makes the affordability of a house or an apartment that much more difficult. I do want to say, though, that the City's waiver of impact fees was, I think, a creative idea. I've mentioned that to one or two other folks hoping to see if other people would be interested in taking a look at that, so we'll see. A few other points. There is a 30-day transition period right now in the ordinance. After checking around with a number of our members, we'd like to respectfully ask you all to consider a 90-day transition period from the time -- from the January 31 period to the -- a month later, let's say February 28, or whatever it is, it's almost not possible to get a building permit fee -- I'm sorry, to get a permit at that time. Second, there might be other plans that are already -- that are almost ready to be submitted, that are not ready to go yet, that cannot make -- cannot meet that window, so we would just ask you for that change. Second, Ms. Schreiber -- Ms. Cuervo Schreiber mentioned to me that Mr. Ferras is going to be preparing a memo that will outline City of Miami Page 88 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 what the definition is of a completed package. I don't think any of us want to see a permit application that's done on the back of a napkin or a couple of pieces of paper, but he does have that memo. We'll look forward to seeing that to make sure that we follow those guidelines and I can distribute that to my members. Third, I did not notice what the percentage fee is of the administrative fee. Maybe that is -- it's in the ordinance or maybe I missed it, but I would be curious to find out if it's three percent, four percent, or what the administrative fee charge is on top of the impact fees for you all to run the program. Next, one of the most important other aspects about paying the fee is how is the City going to spend it? Our folks are very attuned to this. They have had a very bad experience, frankly, at the Dade County School Board, where they just keep on paying and donating land, and nobody really can tell us where the money is going. We have a little bit more confidence now in Dr. Crew, but frankly, I know that the County's -- in their impact fee ordinance, which is coming up shortly, they have included a requirement for a special presentation on an annual basis, basically to show the Commission, as well as the public, at a hearing where the money has been spent. 1 don't want to make extra work for anybody, but if this is already happening as part of a capital improvement presentation, that would be something that would be important. Again, just making sure that we're all good stewards of the money that we have. Finally, I did want to raise one question that I think might go best to the consultant relating the one benefit district. Every other time I've seen lawyers raise the issue of the rational nexus test, which is if you live here and you're paying a fee for parks, that park should be close enough to your home so that you're likely to use it. If the City is one gigantic blob of benefit district, if I live here, but the fee is being used over there, 1 got some concerns with that. There's nothing that says that if you have two districts, you can't use the money in an adjoining district, but you know, people that pay the money -- because it's not the builders that pay it; they pass it along, unfortunately -- and if that is the case, then you know, does that meet that test? Thank you very much. Chairman Sanchez: All right. Thank you. Next speaker. Please state your name and address for the record. Hadley Williams: I'm Hadley Williams, 2441 Trapp Avenue, in Miami, Florida, and I'm here to represent Miami Neighborhoods United. We have reviewed the work. In principle, we are very, very much in favor of the impact fee. As you know, we also have a favorite subject of parks and how to improve our funding for acquisition and improvement in parkland, so as we reviewed the proposal, we had several questions, and we have tried to meet with the City officials, and they have tried to meet with us, but unfortunately, with the hurricanes having come through, Alicia Cuervo Schreiber and Otto Boudet have been otherwise occupied They did meet with us yesterday morning, and we do understand a lot of the issues concerning the fee structure, but basically, as you'll see in the memo, as we reviewed the methodology and the study, we were immediately struck by the fact that waterfront parks are not included in the base calculations, so the way the study is done is to say which are country wide parks and what is the base calculation of acres per thousand residents for citywide parks, and those parks have been defined and listed. The waterfront parks have also been defined and listed. 1 think Bayfront Park was excluded, but from -- we understand what was just explained, that there is no program to acquire new coastal parkland in the current CIP. However, when we were calculating what the current inhabitants have in acres per thousand, we are excluding parkland -- waterfront parks. How could we exclude Kennedy Park and other parks that are highly utilized, citywide from a base calculation of what parks are available citywide to current residents? So, the calculation used in the study comes up with .9 acres per thousand residents. The level of service in the comp. plan is 1.3, so we're immediately saying, we're going below the comp plan minimum requirement with the calculation that results in .9 acres per thousand, so if we included the waterfront or selected waterfront parks -- and we believe it would not be that much of an effort to go one layer further down and look at which of the half -dozen parks are actively used and include that in the base calculation. The other major issue is the small parks less than three acres. We understand the issue, and I think it revolves mainly around the nexus issue, which was just mentioned We're very much in favor of taking a citywide approach for both the collection and the application of City of Miami Page 89 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 the park portion of the impact fees, but we believe that leaving out altogether the smaller parks around the City is inappropriate. Now, we understand that there was concern that there wasn't sufficient data to come up with a good basis to include the smaller parks. Again, we believe that it would not be that difficult to, for instance, look at the transit corridors that already exist, and according to the land use map in the MCNP (Miami Comprehensive Neighborhood Plan), and take all the parks that are within walking distance, whether that's 15 minutes or 20 minutes of the existing higher density corridors, and include those in the basis for how many acres per resident currently is a base, so we did the rough numbers and it came out to about double the results of the study. 1 think with a little bit of effort on the part of the City, we could come to some number that is including at least some of the small parks and some of the waterfront parks. Chairman Sanchez: Thank you, sir. Commissioner Winton: Could we get an answer to those two primary questions on waterfront and smaller parks so that 1 understand? Because, frankly, 1 don't even -- I don't understand what the impact of not doing or doing what they're talking about is anyhow, so -- and there's two microphones, y'all, so we don't have to all use the same one. Ms. Schoettle-Gumm: Susan Schoettle-Gumm. First, I'll address the waterfront park issue. The methodology that's proposed in the TischlerBise report looks at incremental need for parkland. Commissioner Winton: Looks at what? Ms. Schoettle-Gumm: Incremental need. Commissioner Winton: Incremental need. Ms. Schoettle-Gumm: So as develop occurs, there's an incremental need for increased land. Commissioner Winton: Um -hum. Ms. Schoettle-Gumm: The City currently does not have any plans in the CIP to acquire additional waterfront parkland, so there is no project out there indicating that you have a need for additional waterfront parkland. Commissioner Winton: But -- Ms. Schoettle-Gumm: Or that there's any intent to acquire additional waterfront parkland. Those are issues that are part of the legal structure necessary to support a defensible impact fee. There has to be a need that the impact fees address, so as you have additional development, if the City determined, as each additional thousand people come into the City we're going to acquire "X" amount of additional waterfront parkland, then that is what starts forming the basis to impose a defensible impact fee, but that's not what the City's adopted documents say right now. Commissioner Winton: Well, let me ask you a question. As an example, we've got Virginia Key. Virginia Key -- we're doing a master plan on Virginia Key right now. I think the clear intent on Virginia Key is to create, hopefully, one of the most magnificent regional parks in the United States. How does that fit in all of this? Ms. Schoettle-Gumm: The cost of improving waterfront parks, which is what that plan is focused on, is included in the impact fee because that's what the City's planning to do. You're planning to improve -- Commissioner Winton: Right. City of Miami Page 90 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Schoettle-Gumm: -- waterfront parklands that you already have. Chairman Sanchez: With the fees. Ms. Schoettle-Gumm: So that -- again, we have to look at the adopted CIP that indicates the City's intent to acquire additional or develop additional parks. Commissioner Winton: OK, and let me ask you one more question, then. If -- we're in the middle and we're going to start a citywide parks master plan. Ms. Schoettle-Gumm: Yes, sir. Commissioner Winton: At the end of that process, if, then, there is a recommendation to acquire waterfront land for parks coming out of that master plan, then we modem this? Ms. Schoettle-Gumm: Absolutely. Mr. Fernandez: And -- Ms. Schoettle-Gumm: You've got -- Mr. Fernandez:: -- your capital improvement plan, likewise. Ms. Schoettle-Gumm: Right. Mr. Fernandez: You need to do both. Commissioner Winton: I understand. OK. Ms. Schoettle-Gumm: Yeah. Now, I believe that the park master plan is going to give the City a lot of opportunities to address the concerns that come forward from the citizens, both at the neighborhood park level as well as the waterfront park. I think there's a great opportunity there, and impact fee systems can be very flexible, and we would be able to take the intent of the park master plan as it is evolves into your CIP and lots of opportunities for developing additional components of these impact fees. Commissioner Winton: OK. The second part was the smaller -- the less than three acres, right? Mr. Williams: Well, I still --1 understand what you're saying as far as no increased coastal parks, but the basis of the calculation for the impact fee is .9 acres per thousand, and that, from my understanding, is the current park usage of current residents, which was selected from the sum of the so-called citywide parks. Now, Kennedy Park, as I used as an example before, is to me a citywide used park, so the impact of adding Kennedy would be instead of having .9 acres per thousand would be maybe 1 acre per thousand, whatever it would work out to be, so then we multiply that through the number of house holds and all of that to come up to the dollars of impact fee, so I understand the issue of acquiring new coastal and that's not what we're addressing. We're addressing the base calculation to arrive at the level of service used to calculate the dollars of fee, and the way I view that is Kennedy is a citywide park that is overused, as it is today, and should be included in the base calculation. Whether it's coastal or not is irrelevant. Commissioner Winton: What's the impact if it is or isn't? I mean, I don't understand. I understand the difference between .9 and 1, but I don't understand what the impact is with -- if it's .9 or -- City of Miami Page 91 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Williams: That translates to -- Commissioner Winton: -- if it's 1.2. Mr. Williams: -- the number of dollars. If -- to go the full extent, if you look at attachment -- Commissioner Winton: Well, but let me ask you a different question. So you're saying that it would allow for a greater impact fee number per house hold to be tacked on here? Mr. Williams: Correct. Commissioner Winton: Yeah, well -- and that's another issue, and I don't -- frankly, I don't know that we would go there, even if you did that calculation, because I think we're pushing the -- at least from my view. I don't know about anybody else up here, but I think we're pushing the envelope pretty dramatically already, so that's the reason 1 was trying to understand this -- your issue here. Mr. Williams: We are pushing the envelope, but as the lady said, we're aware in there where that many municipalities in Florida are reviewing their fees at this time and expect to double them or have major increases, so our concern is we're establishing today a methodology which we believe is not totally correct, and we would rather see the methodology adjusted and -- Commissioner Winton: And then adjust the dollars differently. Mr. Williams: Sorry? Commissioner Winton: And then you could still adjust the dollars dfferently -- Chairman Sanchez: But -- Commissioner Winton: -- if you had -- if we agreed on -- Mr. Williams: And the dollars --1 mean, the final -- Commissioner Winton: Right. Mr. Williams: -- numbers that fall out, we can discuss if some of the parks that are coastal shouldn't be included. Chairman Sanchez: 1 understand your argument, but the beauty of this ordinance is is that it could be updated annually and every year we could review it -- Mr. Williams: Correct. Chairman Sanchez: -- and we could moddy it as we go along, so -- Commissioner Allen: Right. Mr. Williams: Correct. Chairman Sanchez: -- there has to be a starting point here, and your argument is, you know, start high, which is OK -- Mr. Williams: No, that's not my argument, sir. City of Miami Page 92 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: No. Commissioner Winton: Uh-uh, it isn't. Mr. Williams: My argument is there's a methodology question -- Commissioner Allen: Right, the methodology. Mr. Williams: -- that we should try to get right now, not shooting for the highest dollars. We get the methodology right, then later -- Commissioner Winton: Right. Mr. Williams: -- when something is added -- and this will -- as an example, the smaller parks. We're not addressing the smaller parks in the base at this point. We know there's a huge need, so as a methodology, to leave out the -- call them the local parks that are going to be used by multiple projects that fit all the other criteria, the ordinance, just isn't there -- Commissioner Winton: OK. Mr. Williams: -- so 1 would rather have -- Commissioner Allen: Right. Mr. Williams: -- a small piece of fee that's there, maybe separate -- Commissioner Allen: Right. Mr. Williams: -- for the local parks that have a different fund, that have different requirements for expenditure, that has to satisfy the nexus issue -- Commissioner Allen: Yeah. Mr. Williams: -- and those things. As a methodology, 1 would rather see those two pieces in there, and the dollar amount is not as important. Commissioner Winton: Right. I understand exactly -- Commissioner Allen: Right, and -- Commissioner Winton: -- and so why wouldn't we do that? Commissioner Allen: Right. Ms. Schoettle-Gumm: The current definition of citywide parks is to try and make sure that where we're drawing the line puts on the side of the impact fee calculations, those parks that, by definition, we can say are citywide draw. This is what allows you to collect and expend a uniform fee, citywide, and to be able to move the money around in the City, because they all function as part of a citywide park system. Commissioner Winton: Well, then, maybe we shouldn't do it that way. Mr. Williams: Well, we agree -- City of Miami Page 93 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: If you're saying we're going to leave -- Mr. Williams: -- with that in principle. Commissioner Winton: -- out the little parks. Chairman Sanchez: No. You agree with that. Commissioner Allen: But -- yeah. They're -- Mr. Williams: We agree with that -- Commissioner Allen: -- that's in part -- right. Mr. Williams: -- with the exception of -- Commissioner Winton: But -- Mr. Williams: -- some of the coastal parks that we would -- Commissioner Allen: Exactly. Mr. Williams: -- define as citywide -- Commissioner Allen: Right. Mr. Williams: -- and then a separate issue is the smaller, local parks. Commissioner Allen: Right. He's -- Chairman Sanchez: I understand. Ms. Schoettle-Gumm: The smaller local parks right now, to do that, you would end up with -- given the situation of the City's park planning at this time, you would probably end up with very small collection in expenditure areas. They tend to generate very small amounts of revenue, which then is very difficult to spend. I believe that the park master plan will give you an opportunity to come up with ways of drawing larger areas that would still be legally defensible -- Commissioner Allen: Right, so -- Ms. Schoettle-Gumm: -- and I think that's the best path for the City to follow right now, is use the park master plan as a vehicle to address the concerns being raised by the neighborhoods. Commissioner Allen: And if I may, Mr. Chairman, 1 understand fully what both of your arguments are, but you want us to start off on the right methodology now that otherwise -- Mr. Williams: Right. Commissioner Allen: -- it can get more difficult, although we can review this on an annual basis. Mr. Williams: Correct, and it could be challenged later -- Commissioner Allen: That's right. City of Miami Page 94 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Williams: -- if it's not there now and it's -- Commissioner Allen: Right. Ms. Schoettle-Gumm: No. I -- no. You can add another component to the impact fee system without calling into question the legal defensibility of what you have right now. Commissioner Allen: So we can change your methodology on an annual basis. I mean -- Chairman Sanchez: Absolutely. Ms. Schoettle-Gumm: You will -- Commissioner Allen: Well, then that -- Ms. Schoettle-Gumm: -- you'll have a report that the City Manager submits to the Commission annually that details expenditures, collections, and identifies any areas where staff or the City Manager's office recommends that the Commission consider going back and updating or changing. You do not have to update all of the fees every year. Commissioner Allen: Right. Ms. Schoettle-Gumm: You could decide next year, we want to tinker with the park impact fees. You'll just play -- you know, you just focus on that fee. You don't have to do a full-blown update of all the fees, except for every three years. You have to take a hard look at that -- Commissioner Allen: I see. Ms. Schoettle-Gumm: -- because by the time three years goes by, your costs have changed, your CIP has changed substantially, and that's really when you need to look at it, and that gives you another year for adoption, and really, basically, puts you on a five-year update schedule, but you have to take that hard look every three years, but you can add a neighborhood park component if you want as soon as the park master plan is done, as soon as that information is available. Commissioner Allen: So that would -- Mr. Williams: To do -- Commissioner Allen: -- satisfy your -- Mr. Williams: Well, I guess I would then have another question. Is it possible, the way the ordinance is written now, to do an amendment out of cycle? If we had enough information in three months or six months to establish an initial local parks, can -- do we have to wait for the year or -- Ms. Schoettle-Gumm: No. There's nothing in the ordinance -- Mr. Williams: -- does the ordinance -- Ms. Schoettle-Gumm: -- that limits the Commission in making amendments to the ordinance at any time. Commissioner Winton: So we can do it in six months if we had the -- Ms. Schoettle-Gumm: Yes. City of Miami Page 95 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: -- information? Ms. Schoettle-Gumm: It's just, at a minimum, you have to look at it once a year -- Commissioner Winton: OK. Ms. Schoettle-Gumm: -- with the report. Mr. Williams: Because our concern is the park's plan, as you heard this morning, is probably not going to be completed until next summer, and by the time everything rolls through, we're talking about a year to two years before the right methodology would be established, so we would be very interested in the Commission maybe requesting that this be addressed by the City and contemplate -- Chairman Sanchez: Absolutely. Mr. Williams: -- a change in the nearer future -- Chairman Sanchez: Yeah. Mr. Williams: -- rather than -- Commissioner Winton: Tied to the parks master plan. Chairman Sanchez: Thank you. Commissioner Allen: Yeah. Mr. Williams: -- the annual cycle. Commissioner Allen: We can add a caveat. Chairman Sanchez: Thank you so much. Thank you. Next speaker. Mr. Williams: 1 have a couple more points in the memo -- Commissioner Allen: It's -- the City Attorney wants to -- Chairman Sanchez: Oh, you -- Mr. Williams: -- if you don't mind? Item 3 is to reduce the grandfather period for DRI (Development of Regional Impact) related projects. It's stated as 15 months. We would think that a six-month period for that kind of a situation would be sufficient. We also believe that with the Miami 21 concept and, in general, all successful cities today have parks around work areas, downtown work areas, and other work areas, and the current proposal does not have any fee for nonresidential new projects. That is another area that -- we don't want to stop the train. We want to get it implemented, but if we can come back or you can request that the City relook at the nonresidential, the whole concept of new urbanism is you work and play in the same area, and for those areas that are more concentrated, office buildings in the downtown area -- Commissioner Winton: And hotels. Mr. Williams: -- we should have a small or some kind of funding structure for incremental business and commercial use. City of Miami Page 96 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: That's a very good point. Commissioner Allen: Yeah. Ms. Schoettle-Gumm: And again, that's something I think -- Chairman Sanchez: That's a very good point. Ms. Schoettle-Gumm: -- I think that's something you'd have the parks master plan process look at. Right now, there are no standards that the City has where providing parkland in relation to nonresidential development. There have to be, again, a relationship between what the impact fees are imposed upon and the demand on capital facilities, so right now, there is no information or data or level of service -- Commissioner Allen: 1 see. Ms. Schoettle-Gumm: -- standard to look at -- Chairman Sanchez: There's no starting point. Ms. Schoettle-Gumm: -- but again, that's something that the parks master plan could easily develop. Chairman Sanchez: Mr. City Attorney, you've been dying for the last five minutes to say something. Sir, you have the floor. Mr. Fernandez: Yeah. 1 want to make sure that in your policy debate, you take into account how careful we have been -- Chairman Sanchez: Exactly. Mr. Fernandez: -- in looking at the defensibility of an impact fee. You're really coming in with a lot of money and a new regulatory process. We want to make sure that we have substantial evidence in our studies in everything that we have looked at that would make it a defensible impact fee system. All of the ideas that are being suggested by the gentleman are fine and are doable, but we first need to get our hands around it and have hard, solid numbers and statistics grounded on a City study with a City ordinance that would then legitimize it and make it part of the impact fee assessment methodology. Mr. Williams: We agree. Commissioner Regalado: Mr. Chairman -- Chairman Sanchez: Wait. Hold on. Are you done, sir? Mr. Williams: No. The one last point is -- Chairman Sanchez: But do -- I'm sorry, Commissioner, do you have a question for the gentleman? Commissioner Regalado: City Attorney, for the City Attorney. What you said, how many impact fees have been challenged -- Commissioner Winton: Statewide, you mean? City of Miami Page 97 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: -- statewide, Dade County -- any in Dade County -- ? Commissioner Winton: Well, a Central Florida group municipality is refunding 15 million. Mr. Fernandez: Yeah. Commissioner Winton: I mean, they lost a big court case. Mr. Fernandez: Impact fees get challenged all the time. Commissioner Allen: Time, yeah. Ms. Schoettle-Gumm: And it's a very hot issue right now among the development community. Commissioner Regalado: I understand that, but what are the basis for challenging an impact fee? Mr. Fernandez: Lack of analysis, lack of data that shows a relationship between the need that's being created by new development and the City's plan to provide for those. Your capital improvement plan needs to incorporate all of these anticipated growth -related issues so that the impact fees can legitimately come and defray or become part of that whole cost. Without a park study in place and without your capital improvement plan, your five-year, contemplating all of these great ideas that the neighborhood group has, we cannot legitimately take those money -- collect those from impact fees. Commissioner Allen: I see, so we've got to accept it as a quantitative analysis and a fact -- or findings of fact, however you want to do it, to establish a nexus. Ms. Schoettle-Gumm: Yes. Commissioner Allen: Right, and that's perfectly understandable, so to that end, where does that put us in terms of the methodology? We can include your proposal, but if you will, we've got to do this qualitative analysis first, right? Mr. Fernandez: Um -hum. Mr. Williams: Correct, and we agree a hundred percent -- Commissioner Allen: So -- OK, so we -- Mr. Williams: -- but we -- Chairman Sanchez: Sir -- Mr. Williams: -- think that waiting for the parks plan for some of this -- Mr. Fernandez: Well -- Commissioner Allen: So we do have a meeting of the minds -- Mr. Williams: -- may not be necessary. Commissioner Allen: -- here then? City of Miami Page 98 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Williams: We believe we may be able to have -- Commissioner Allen: Right. Mr. Williams: -- the data that's defensible. Commissioner Allen: So, we do have a meeting of the minds. Mr. Williams: Yes. Commissioner Allen: Because she has indicated she will provide you with that ability assuming you can demonstrate the nexus, if you will, and a qualitative analysis, so -- Chairman Sanchez: Once again -- Mr. Williams: Then one -- Commissioner Allen: Yeah, we're done. Commissioner Winton: One last -- Mr. Williams: -- one more policy -- Commissioner Winton: He has one more point. Mr. Williams: -- kind of question. My understanding is that the current $50 per square foot was derived by the recent purchases by the City itself. There was a problem in coming up with that number, 1 believe, because there had been very few purchases by the City in recent times, and they will not always been in the locations which we wish to use for parkland, so I believe we should request that the City come up with a market -- ongoing market or periodic market survey. 1 mean, we've got lots of real estate experts in town, and to come up with a methodology that is a market survey for different parts of the City, I think is an integral part of what has to be done to go forward -- Commissioner Winton: Absolutely. Mr. Williams: -- correctly. Commissioner Allen: OK, great, and what I meant to say was quantitative analysis. I misspoke. I said qualitative. What I meant was quantitative analysis, so -- all right, so we have a meeting of the minds. Commissioner Winton: Hadley, I want to -- Chairman Sanchez: Sir, you have anymore questions? 1 believe you had one more. Sir -- Commissioner Allen: That's fine. Chairman Sanchez: -- you had one more? Vice Chairman Gonzalez: Done? Mr. Williams: That's all. Chairman Sanchez: Oh, you're done? City of Miami Page 99 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Williams: Yeah. Chairman Sanchez: OK. Commissioner Winton: I would like to thank you, though -- Chairman Sanchez: Thank you very much. Commissioner Winton: -- for a very thoughtful series of questions and an outstanding presentation tone. Mr. Williams: Well, I have to thank the team members of Miami Neighborhoods United. We had several teams. We were working very hard on this issue and many other issues to try to work very closely with the City in communicating in both directions things that the City is doing and things that the neighborhoods are looking for. Thank you. Chairman Sanchez: And those recommendations are very acceptable, and the beauty of this, once again, it's -- you know, we're going to be able to update it annually, and we could go back and update it or modem it as needed, so it's a -- it's going to be great -- Commissioner Winton: And y'all can help us. Chairman Sanchez: -- the City working with you once we establish a starting ground. Thank you. I believe we had another speaker. Ms. Schoettle-Gumm: Would you like me to finish addressing the questions he raised or would you like me to come back later? Chairman Sanchez: No. I think he -- you answered his question, right? Commissioner Winton: No. There was -- Ms. Schoettle-Gumm: There were two more -- Commissioner Allen: No. There were two other issues, right. Ms. Schoettle-Gumm: -- hanging out there. Chairman Sanchez: All right. Go ahead, yeah, and on the $50, I mean, we realize that's -- but you've got to start somewhere. That was the last sale that -- Mr. Williams: Yes, I agree. Chairman Sanchez: -- the City's ever bought land for a park, so you know, what better do you defend yourself in court than to say -- Mr. Williams: I agree. Chairman Sanchez: -- look, the last -- Mr. Williams: This is a recommendation -- Chairman Sanchez: -- buy that we bought was $50. Mr. Williams: -- for establishing now rather than getting to this point a year from now and not City of Miami Page 100 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 having a methodology and a study already done. Chairman Sanchez: OK. Ms. Schoettle-Gumm: Right. Chairman Sanchez: All right. Could you go ahead and respond to the question? Ms. Schoettle-Gumm: Yes, and just to follow up on that particular issue. We've already reviewed with staff some ideas on how they could approach that because we agree that there needs to be additional information and analysis in that area to update that cost. As to their question number 3, related to the grandfathering for DRIs, that language is in 13-6C, and that basically is language that is in the existing ordinance and it relates back to the initial effective date of this chapter, which would be back in 1987, and it is probably unlikely that this language still has any operative effect. I just personally dislike tinkering with language in ordinances that relate to DRIs because you never know when there's still something hanging out there, so the only change I recommended to that particular subsection is claming that they would have had to obtain a building permit within 15 months of the initial effective date of this chapter, so that would have been 15 months from late 1987 or 1989, so it's unlikely that this section has any effect, but again, I dislike deleting language related to DRIs, just in an abundance of caution. Chairman Sanchez: Is that it? Ms. Schoettle-Gumm: That's it. Chairman Sanchez: All right. Thank you. Mr. Williams: There's one other minor point. I didn't hear if -- regarding the memo dated yesterday, where page 2, relating to Section 1312, there were different dollar amounts cited, and we reviewed that prior to the meeting, and 1 believe this memo is out of date; is that correct? Ms. Schoettle-Gumm: Let me see the memo. Yes, that relates to the corrections to the language in the ordinance that I'll read into the record at the end of the public hearing. Chairman Sanchez: All right. Thank you. Ms. Schoettle-Gumm: Thank you. Chairman Sanchez: Steve. Steve Hagen: Steve Hagen, chair of the Parks Committee, Miami Neighborhoods United. The document I just gave you is -- goes into much more detail and touches on other issues that besides the two major issues, the first major issue, of course, being the acreage and how that's figured as a base upon which to figure the fees, and then the $50 a foot item, and since I'm head of the parks committee, Mr. Williams went over all the various issues, and I want to focus in a bit more on the parks acreage and how it was figured. Trust for Public Land did a study, as we said, in July; 1,194 acres is what was reported by this Administration to the Trust for Public Land. They say that's what we have in terms of total acreage. This study now eliminates all waterfront property and all parks under three acres, using a base of only 336 acres upon which to figure our acreage, and it's that number, which is critical because that's what determines your fee. We have gone through and eliminated roughly 300 acres mainly from Virginia Key because the acreage out there, we see it on all the maps, and it's not park acreage. We only have 77 acres of Virginia Key Beach Park. We have 72 acres of the -- what's call Virginia Key City Beach and Hammocks, so we come up with acreage of 875.99 acres in the City of Miami. City of Miami Page 101 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: OK. Mr. Hagen: -- so if you do the division using 336 or using 885, we come up with 2.26 acres per resident or per thou -- 2.26 acres per thousand residents. Chairman Sanchez: Per thousand. Mr. Hagen: The Administration is coming up with .9 acres. We are being very accurate as to what we are calling parkland, and a question 1'd like to ask the attorney -- because 1 asked this question of Mr. Tischler, and I asked this question of the data man, and they would not give an answer. It's perfectly fine when you're figuring park acreages to develop certain categories for your parks, and in this study, they have created three park categories; those parks that are three acres and less, those parks that are considered citywide, and those waterfront parks. If you look at a listing of the Parks Department, which actually, I just got yesterday, they have six derent categories of parks. They're calling them mini parks, waterfront parks, community parks, all kinds of different categories. There's nothing wrong with creating categories, and in fact, 1 think Dade County has like five different categories of parks. Collier County has, 1 believe, three different categories of parks, but when you create categories, you have obligations to make sure that those parks have certain levels of service, certain amount of equipment, or passive. I mean, those are some typical divisions could be waterfront parks, neighborhood parks, passive parks, and so the question I have is to the attorney here is, how many of your clients in the City -- I assume you do business only in Florida or whatever -- how many of your clients do you create categories for but then eliminate two or three or more categories to come up with a base for park acreage? Chairman Sanchez: Yeah -- Commissioner Winton: I don't even understand the question. Chairman Sanchez: -- but 1 don't even understand what you're saying. Commissioner Allen: Yeah, I know what he's saying. In a methodology -- Commissioner Winton: Or the relevance of it. Commissioner Allen: Yeah. He's saying -- what he's saying, in effect, is that in her overall methodology, she's excluding -- Mr. Hagen: Excluding two-thirds of our parks -- Commissioner Allen: Right. That's what he's saying. It's an exclusion -- Mr. Hagen: -- for a base upon which to figure impact fees. Commissioner Allen: Yeah. Commissioner Winton: I understand now. Ms. Schoettle-Gumm: Again, the reason those parks are excluded in this particular calculation is to allow the City to go to a citywide collection and expenditure approach with a uniform fee. It is very common in impact fee calculations to exclude facilities that don't fit within the framework of an approach. There are locations that go ahead and do very small, localized districts, say for a neighborhood park, and that is something this City -- sounds like the City may want to consider in the future. That is not part of this particular proposal because the City is in the process of developing a plan for that particular category or classification of parks, so it is City of Miami Page 102 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 not at all unusual to exclude certain categories of facilities -- Mr. Hagen: But what percentage of your -- Ms. Schoettle-Gumm: -- from an impact fee calculation. Mr. Hagen: -- clients that you do business with in Florida -- Commissioner Winton: But what -- Mr. Hagen: -- set up categories -- Chairman Sanchez: To me, that's -- Mr. Hagen: -- and then eliminate all those -- Commissioner Winton: That's not -- Chairman Sanchez: That's irrelevant. Mr. Hagen: -- eliminate categories from -- Commissioner Winton: Who cares? Mr. Hagen: -- your total acreage? Commissioner Winton: Well, that's not a relevant question, so we don't care how many clients she's recommended that to. That's not -- Mr. Hagen: Well -- Commissioner Winton: -- doesn't have any bearing on how we're thinking about this. Chairman Sanchez: Steve. Commissioner Allen: You're -- what you're trying to establish is whether or not is it a common practice or what standard is she using; is that what you're getting at? Mr. Hagen: We believe that the professionals that we have spoken with, and they have told us that you can create all the categories you want, but you do not eliminate categories for coming up with a base for your -- the figure because the more you eliminate, the smaller the fee is -- Commissioner Allen: OK, and with respect -- Mr. Hagen: -- so we -- I mean -- Commissioner Allen: I see what you're saying. Respectfully, she did just answer that. The answer which you're -- Commissioner Winton: Twice. Commissioner Allen: -- suggesting is why is there an exclusion? She did rightfully answer that, but to that -- I see what Commissioner Winton is saying and Commissioner Sanchez, asking her whether or not she has clients. I thought maybe you were trying to establish a industry standard or something or asking that specifically, but in any event, she nonetheless, has answered that by City of Miami Page 103 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 virtue of the fact that, in her methodology, the reason why she's excluding it yadda, yadda, yadda, and so forth, but having said that, what's your concern as to that? You want them to do what? Not exclude these areas? Mr. Hagen: Our concern is that -- Commissioner Allen: Because she's already said why they're excluded, so what's your solution. Mr. Hagen: Our concern is that -- Commissioner Allen: What's your solution? Mr. Hagen: -- 875.99 acres is what we have as parkland legally, and that's -- Commissioner Allen: OK. Mr. Hagen: -- what we should be using as a base. Commissioner Allen: Got you. OK. All right. Mr. Hagen: And that's not Steve Hagen saying this. This is standards of major companies that do this type of work in other parts of the -- Commissioner Allen: OK. Now, you're talking -- Mr. Hagen: -- parts of Florida -- Commissioner Allen: -- the industry standards, right. Mr. Hagen: -- and of the nation. Commissioner Allen: OK. Mr. Hagen: In fact, in the report, you will read that when we spoke with one firm in Texas, I described the methodology being used for this study. I did not describe the -- I didn't give the name. I didn't (UNINTELLIGIBLE) the name of the company or anything else, and they said, TischlerBise is noted for eliminating small parks from their studies. Commissioner Allen: All right. Can 1 weigh in quickly, Mr. Chairman -- Commissioner Winton: We've had that answer -- Commissioner Allen: -- because I -- Chairman Sanchez: Listen -- Commissioner Winton: Steve, we've had the answer three times. Commissioner Allen: Yeah, we're getting into a battle of -- Commissioner Winton: You need to go on to the next point. Chairman Sanchez: We need to stick -- Commissioner Allen: Yeah, to the -- right. City of Miami Page 104 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- to -- Mr. Hagen: Well, that's a major issue. Chairman Sanchez: -- the facts here, Steve. Listen, you have questions pertaining to the methodology, you could go ahead and ask them. You have a question pertaining to -- Commissioner Allen: The overall total -- Chairman Sanchez: -- how the process overall came about, you have the right to ask that, but let's try to stay focused on the issue and itself because what we're -- the number one issue that 1 think every --1 think everybody's on the same sheet of music; we're just, you know, out of tune, in a way. All right, everybody wants more parks. We're trying to come up with the fees to create more parks. However, we all need to make sure that we do create the right ordinance where we do everything we can so it's not challenged in court. Mr. Hagen: That's exactly what we want. We want something that's defensible -- Chairman Sanchez: Well, apparently -- Mr. Hagen: -- on the side of the developer as well as community groups. Chairman Sanchez: I think you send the right -- I mean, you want to send the right message, however, you're not sending it clear enough. Mr. Hagen: Well, then our other -- our third major concern is the purchasing of parkland in a timely manner, and that was mentioned earlier. One thing that we're suggesting -- you have already, 1 guess, established a park trust fund -- we're suggesting that that park trust fund actually act as a land bank, which is constantly buying property, seeking out whether it be three -acre parcels or five -acre parcels, or whatever it is, so that the new impact fees go into that and you're constantly purchasing land, and so when a building permit is actually issued, that building permit then is matched to a land that has already been purchased, because the problem that we found -- and there's been a study on this, and it's exactly what the Builders Association just mentioned a minute ago -- is that monies are collected; there's no active searching for land; a year or two years can go by and your $2 million would have purchased one acre of land now can only purchase a half an acre of land, so we're suggesting a park -- a land bank essentially. Chairman Sanchez: See, now you're making sense. Commissioner Allen: Yeah, that's a reasonable -- Chairman Sanchez: Now, you're making sense, Steve. That's a good argument to make, and the future master plan will address that along with this. Mr. Hagen: In the ordinance, an impact fee review board was mentioned. We recommend that the Parks Advisory Board be named in the ordinance to provide oversight in the collection, dispersal, review, and adjustment of impact fees for parks, and not just City staff as it is currently. Our fifth major concern is about, well, the defensibility of the ordinance. You -- some of you mentioned eminent domain problems at the first reading of the -- or the information session. Residential developers have been using -- putting pools and whatnot on the top of parking structures for a long time. I mean, it's a great place to be, up there and enjoy the sunset and so forth. Even though we believe that there's 500 acres of land in the City of Miami owned by the County -- this is what we've been told. Now, we haven't -- we've requested information from the administration; we haven't gotten that. There are plenty of vacant properties and strip City of Miami Page 105 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 shopping centers and so forth around the city where we could be working with development of combination retail with a parking above and with rooftop, like tot lots or rooftop gardens, the same as they do for condominiums. The impact fees of other cities, you showed -- they showed the information here. In terms of defensibility, there's a case in Orlando, just this year, Osceola County -- the builders of Osceola County challenged impact fees per schools, and the court upheld the fees for Osceola County, $9, 378 per residents for Osceola County. That's three times what they're charging here in Miami -Dade County. 1 just wanted to mention that Collier County has impact fees much higher than ours. They're higher -- they'll be higher even when you pass this ordinance. Chicago is already above our acreage. Chicago has 4.1 acres; we're at 2.24, so they're 83 percent above what our park acreage is here already. Their fees are already higher than what your fees that you're contemplating are going to be, and when -- in June, when I spoke with them, they are contemplating doubling their fees, over a hundred percent increase. We are concerned about various facilities covering green space. If I had been allowed to speak this morning a gymnasium is going into -- I forget the name of the park now. Chairman Sanchez: Jose Marti Park. Commissioner Allen: Jose. Mr. Hagen: Right, and a gymnasium is probably almost an acre that it's going to cover. We believe that if new residents are added to this City and causes a need for more facilities that when those facilities -- if they go into a park, that that park space needs to be replaced. We're also concerned about the credits that are allowed in this ordinance. We're concerned that the credits of the builder may be allowed for a whole list of CIP projects -- Chairman Sanchez: You need to wrap it up, please. Mr. Hagen: -- are -- should be limited to green space credit, green space projects only. A builder should not be pouring cement and getting a credit on his fees -- on their fees. There are several other questions here, which we're putting into the record. At the beginning of this, we're asking you -- of the City Attorney to consider this as a request for information, because we've requested it before and haven't received it. You have a great opportunity to do more than what this ordinance calls for. We're -- we fully support the ordinance, but it could do a lot more, and there's -- I just wanted to speak briefly about four parks in the City and how they came about. They came about because of really dedicated individuals. Simpson Park, our oldest park in Miami, was saved in the '50s by a writer named Phillip Wiley. They wanted to put a historical museum. Chairman Sanchez: And the less utilized park in our City. Great park, but nobody goes to it. Mr. Hagen: It's the oldest Hammock Park that we have. David Kennedy Park was named after Mayor Kennedy in 1972. They created that -- that was named after him because he was the -- he was instrumental in pushing the bond funds for Bicentennial Park. Shortly after that, after the people voted the bond funds, they wanted -- the downtown people wanted to put an auditorium, a museum, a yacht club, and a high rise in that park. The reason I'm talking about this is that these are individuals from the past that really spoke out in favor of parks. Wainwright Park is named after the Commissioner -- Chairman Sanchez: Steve. Mr. Hagen: -- Wainwright. Chairman Sanchez: Steve, with all due respect, in conclusion. We need to finish, please. Mr. Hagen: In conclusion, we are looking for you to look out for the people of Miami and for City of Miami Page 106 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 our new residents, and to do -- do not let us slip further. We're at 2.24. If you're going to be adding new residents at thousands -- you know, a thousand new residents every time you approve a condominium, you should be at least adding 2.25 acres of land, and do it in an efficient manner. Point 9 is going to let us slip further down the list. That's all I -- thank you. Chairman Sanchez: Thank you so much. Any other speaker? Yes, ma'am. Nina West: This will be very brief. Hello. My name is Nina West, 3690 Avocado Avenue, in Coconut Grove. I'm part of Miami Neighborhoods United park committee. I want to thank the administration, Otto Boudet, Alicia Cuervo Schreiber, for meeting with us and hearing our concerns. I think that the interaction's been good, and you have to remember that we are a diverse group; we represent all kinds of people in this City, and everybody is -- has been working very hard to support what we all want. We're very happy about Miami 21, and we think new urbanism talks about park space everywhere, so we're supporting that effort in conjunction with the parks, and we're looking to your assistance, get a little respect for the process that's about to take place. My major concern is projects that will be approved, flipped, grandfathered in; we'll have Miami 21 with respect for neighborhoods, and then all of a sudden, we'll pop up five years later a grandfathered in project, so this might not altogether be part of the parks speech, but I wanted to mention that, and then I have one question for the City Attorney kind of. I am very hopeful that you will get your arms wrapped around this, the analysis done quickly, because it would be a shame to wait an entire year. The real estate cost of land doesn't seem to be going down, no matter what they say. Thank you very much. Chairman Sanchez: Thank you. Next speaker. Alberto Milo: Good afternoon. Albert Milo, 1801 Southwest 3rd Avenue. 1 have a little bit of a different -- I have a couple of questions for the consultant for the little bit of a different angle. As some of you know, we do affordable and work force housing development, and I had a couple of questions on the --1 believe there's an exclusion for affordable housing in the ordinance, and 1 discussed it with Alicia and Otto a little bit before, but after that I had some other questions as far as the impact that that fee is going to have on affordable housing, and more importantly, on the work force housing because it's my understanding that there's going to be an exclusion for units that are priced at 236 or under, and even though that sounds kind of -- potentially sounds high to most individuals, in today's market conditions, it's actually low in a vertical development, but that is the community development new sales price, so I think that's a good thing that they're adhering, but I wanted to ask also if there was a potential to do some type of weighted system or tiered -type system for units that -- because if it's a flat fee of $4, 500, let's just say, for high-rise, it's -- the impact is different for a unit that's priced at 250 than it is for a unit that's priced at 550, because the 4,500 represents a larger percentage, which ultimately has to be passed on to the home buyer, so I don't know if that -- if within the impact fee structure, if it's possible to have some type of tiered system of that nature, just like there's going to be an exclusion for 236 and under. Commissioner Allen: Yeah. That's a good argument. Chairman Sanchez: All right. Commissioner Allen: Good point. Chairman Sanchez: Ma'am, then we'll go ahead and close the public hearing, and we'll bring it back to the Commission for discussion. Ms. Schoettle-Gumm: Yes, there is a proposed affordable housing impact fee deferral program, and he was correct, that what will be proposed is anticipated to be the $236, 000 sale price that the Commission has previously adopted in relation to some other affordable housing issues. It City of Miami Page 107 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 would also be available for rental units that receive direct funding or a loan from the Florida Housing Finance Corporation, or other state or federal affordable housing agency. The reason we're limiting the rental units to that is that that way the City can utilize the monitoring programs that those state and federal agencies already have an not have to create a new monitoring program just for the City for those units. The tiered issued. Impact fees relate to the demand for facilities; they do not relate to the price of the unit, so for example, a $500, 000 house, single-family, detached, based on the census data and persons per household information would indicate that a $250, 000 dwelling unit generates the same amount of impact in terms of demand for public facilities, so impact fees can only look at the demand for public facilities. They cannot relate to the price of the unit. That would bring in indicia of a tax -- Commissioner Allen: Right. Ms. Schoettle-Gumm: -- and it's very important to clearly legally delineate between a fee and a tax, and if you start bringing in any of the characteristics of a tax, you run the risk of having a court find that your impact fee is actually an invalid, unauthorized tax. Commissioner Allen: So, you're going down a slippery slope with that, right. Got you. Chairman Sanchez: All right. Thank you so much. Ms. Schoettle-Gumm: There were a couple of other points -- Chairman Sanchez: OK. Ms. Schoettle-Gumm: -- that were raised, if I could just real quickly address them? There was a question from one of the -- I think one of the -- the first speaker asking about the administrative fee. The administrative fee is unchanged from what's in the City's existing ordinance. It is in Section 13-14, and is a three percent administrative charge on top of the amount of the impact fee that's levied. That is unchanged from your existing. There was one question related to the comp plan level of service on parks. Implementing the impact fee as proposed -- the park impact fee as proposed helps you toward your responsibilities for fulfilling level of service under the comp plan, but it does not -- it is not inconsistent with the Comprehensive Plan just because, at the time being, it has a lower amount of park acreage per person than what the City ideally wants to achieve. You have other funding sources and other projects that help you reach that level of service. It won't all be done just through impact fees, and again, as the City goes through the park master plan, and upgrades the park master plan, and looks at those things, I imagine that your level of service that's in the current park impact fee will be modified and raised and approach more closely what you want ultimately. Would you like me to read into the record the ordinance changes now or should that wait? Chairman Sanchez: The ordinance? Ms. Schoettle-Gumm: The corrections to the ordinance, should I read those into the record now? Commissioner Winton: Yes. Chairman Sanchez: Yes, go ahead. Commissioner Allen: Yes. Ms. Schoettle-Gumm: OK Chairman Sanchez: Please, state it for the record. City of Miami Page 108 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Schoettle-Gumm: All right, for the record, the following changes should be made to the proposed ordinance per chapter 13, Article I, entitled "Development Impact and Other Related Fees" of the Code of the City of Miami. In Section 13-2, Findings; in subsection 5, the date December 17, 2005 should be changed to January 31, 2006. Mr. Fernandez: Make reference to the page, also, where that is found, please. Ms. Schoettle-Gumm: All right. Mr. Fernandez: It's page 3 of 28. Ms. Schoettle-Gumm: Thank you. Mr. Fernandez: Correct? Ms. Schoettle-Gumm: Yes. Chairman Sanchez: And as -- Ms. Schoettle-Gumm: And the next -- Chairman Sanchez: -- for the record, that is an -- Ms. Schoettle-Gumm: Yes. Chairman Sanchez: -- amendment being made to FR.3, which is an ordinance on first reading pertaining to the impact fees. Vice Chairman Gonzalez: That will be the effective date of the ordinance? Ms. Schoettle-Gumm: That would be the effective date of the new fee schedule. The ordinance would actually go into effect prior to that, but this -- Vice Chairman Gonzalez: Oh, the new -- Ms. Schoettle-Gumm: -- sets a very clear moment in time, the cut-off for the submittal of building permit applications. Chairman Sanchez: All right. You're going to go first? All right. Thank you so much. Coming -- the public hearing at this time -- Ms. Schoettle-Gumm: I've got -- Commissioner Winton: She's got more. Mr. Fernandez: No. She has -- Ms. Schoettle-Gumm: No. I've got more. Mr. Fernandez: -- a few more. Chairman Sanchez: Oh, I'm sorry. Ms. Schoettle-Gumm: I'm sorry. All right. The next one is on page 7 of 28, and that is in City of Miami Page 109 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Section 13-5, Definitions. Portion of-- it's the definition immediately following the definition for impact fee, and it should read "Impact fee co -efficient shall mean the charge," and the remainder of that text as presented is correct, until you get to the last -- next to the last line in that paragraph, change December 17, 2005 to January 31, 2006. There was also a change in Section 13-3, which is on page 4 of 28. Section 13-3, Intent. The following language should be added as the last sentence of that section: "It is the City Commission's intent to suspend imposition of the street impact fee to provide for coordination with Miami -Dade County regarding transit -related transportation system improvements and the development of an appropriate City transportation/transit impact fee." The next one is 13 -- is section dash -- 13-7, which is on page 10 of 28, and Section 13-7, subsection A, change December 17, 2005 to January 31, 2006 in three places. There are three places in that paragraph that reference that. Section 13-8, on page 11 of 28, at the end of subsection B, add the following language: "If a petition is approved, the property owner and the City shall execute an affordable housing impact fee deferral agreement in a form acceptable to the Office of the City Attorney and as specified in the applicable resolution establishing the deferral program. The City Manager is authorized to execute such agreements on behalf of the City." Section 13-12, which is on page -- it's at the top of page 14 of 28, some typos in the fee amounts. Single-family detached should be 6,818, low-rise should be 5,998, high-rise should be 3,959. Section 13-6, which is on page 18 of 28, subsection D2, should read "Only the current owner of property may petition for a refund. A petition for refund must be filed within 90 days of any of the above -specified events giving rise to the right to claim a refund. Failure to timely file a petition for refund shall waive any right to an impact fee refund" On the same page, same section, subsection 3 -- D3, should read "The petition for refund shall be submitted to the Chief of Operations on a form provided by the City for such purpose. The petition shall contain a notarized affidavit that petitioner is the current owner of the property. A certified copy of the latest tax records of Metropolitan Dade County showing the owner of the subject property, a copy of the dated receipt for payment of the impact fee issued by the City's Building Department, and a statement of the basis upon which the refund is sought." Section 13-22, on page 22 of 28, the date December 17, 2005 should be changed to January 31, 2006 in two places, and Section 13-28, on page 27 of 28, subsection A, change October 17, 2005 to January 31, 2006 in two places, and that completes the corrections and changes to the proposed ordinance. Chairman Sanchez: All right. Does the maker of the motion accept the amendment? Commissioner Winton: Yes. Chairman Sanchez: Does the maker -- who seconded it accept the amendment? Commissioner Allen: Second. Chairman Sanchez: OK. The amendments have been accepted. At this time, the public hearing is closed, and there is no one from the public hearing wants to speak, so it is officially closed, coming back to the Commission. Vice Chairman Gonzalez: Yes, Mr. Chairman. Chairman Sanchez: Commissioner Regalado, you're recognized. Vice Chairman Gonzalez: Oh, I'm sorry. Commissioner Regalado: Thank you, Mr. Chairman. One thing that I still -- well, it was explained to me yesterday, but it was a different version here. What do we understand as presented and complete when are we talking about permits and payment time line? Chairman Sanchez: Application. City of Miami Page 110 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: Yeah, the application for a permit, and the time line for payment; is it under old payment system or the new payment system? I spoke to Alicia yesterday, but she had some different explanation. Alicia Cuervo Schreiber (Chie of Operations): Actually, no. Hector Lima and Jose Ferras are actually putting a memo together, a policy statement what constitutes a full set of construction plans before a permit, so that it's very clear. Vice Chairman Gonzalez: Well, actually -- if you allow me. Actually, in order to pull a permit, you need to have a set of plans completely approved Ms. Cuervo Schreiber: Right, within 60 days of the passing of this ordinance, before the passing of this ordinance. Commissioner Regalado: So, what are we talking about is that suppose that it goes to first reading, goes in effect on January 1, so what's the time line for complete and -- when would these people be paying by the new ratio? Ms. Cuervo Schreiber: On the effective date of this new ordinance, depending on when you submitted your building permit, if it was a complete set of plans. Either you have a building permit that's a complete set of plans and you get your permit within 60 days of that submittal, or you -- pending the effective date of this ordinance, which should be probably January 15. Susan, you want to clarin, the date? Ms. Schoettle-Gumm: Yesterday, we discussed January 31. Ms. Cuervo Schreiber: OK, if that's acceptable? Vice Chairman Gonzalez.: Would be what, January 31? Ms. Cuervo Schreiber: Or January -- it's -- we can do January 15 or January 31, correct? Ms. Schoettle-Gumm: Yes, you can. Ms. Cuervo Schreiber: It's a policy decision by the board. Commissioner Winton: Sooner is better than later in my mind, but I don't know what y'all think, so -- Commissioner Regalado: Yeah, the sooner the better, but what I'm seeing is that you -- you're putting the memo, but we have to vote before we get the memo. I understand that the memo are for the -- Ms. Cuervo Schreiber: The memo exists today in the existing ordinance for impact fees and is part of even Florida Statute for the Florida Building Code on what constitutes a full set of construction plans, permitable set of plans. For clarification purposes, so there's no misunderstanding, we're going to put out a policy statement by the building official redefining that so that there's no confusion or questions. Chairman Sanchez: So it's crystal clear. Ms. Cuervo Schreiber: Um -hum. Commissioner Regalado: Thank you, Mr. Chairman. City of Miami Page III Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: All right. Commissioner Gonzalez. Vice Chairman Gonzalez: Yeah. 1 had a couple of concerns. Well, I have three or four concerns. One was in relation to home ownership, affordable housing, and I understand there is a waiver on home ownership affordable housing, right? Chairman Sanchez: Yes. There is a waiver -- Ms. Cuervo Schreiber: No. There is a deferral of your impact fee for affordable housing, and that affordable housing number is set by an ordinance that the City does yearly -- I'm sorry, a resolution that the City does yearly for affordable housing. Chairman Sanchez: But in this case, it's $236, 000? Ms. Cuervo Schreiber: That's correct. Vice Chairman Gonzalez: Right, so but if you're building affordable housing under $236, 000, you don't pay impact fees. Ms. Cuervo Schreiber: You are eligible for the deferral, yes. Vice Chairman Gonzalez: For the deferral, all right. Also, on rental, affordable rental. Chairman Sanchez: Also. Ms. Cuervo Schreiber: Affordable rental that is currently or will be in a federal or a state program. Vice Chairman Gonzalez: All right. The other concern that I have is that -- and I agree with the gentleman that spoke about the same impact fees being applied to every project citywide. To me, that's unfair because it doesn't cost the same thing to build a building in Allapattah or Little Havana or in District 5 as it does in other areas of the City of Miami, and you don't sell an apartment in Allapattah for the same price that you sell an apartment in other areas of the City of Miami, so that would be totally unfair for the people that are building in these neighborhoods that are starting to be redeveloped now, so you know -- and they -- he spoke, I think, about a tier system, because there was a time -- a point in time when, in Allapattah and in Flagami, they used to pay more impact fees than in downtown, in the Grove, and in other areas -- Chairman Sanchez: Madam Attorney -- Vice Chairman Gonzalez: -- so, you know -- Chairman Sanchez: -- did you -- Vice Chairman Gonzalez: -- there is a disparity here. 1 mean, you know. Chairman Sanchez: -- address the part about the tier system for affordable housing, and possibly even rental? Commissioner Winton: Not for affordable. Ms. Schoettle-Gumm: My understanding -- Vice Chairman Gonzalez:: No, I'm not talking about affordable housing. I'm talking about -- City of Miami Page 112 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Just the tier system, period. Vice Chairman Gonzalez: -- regular -- Chairman Sanchez: Oh, I'm sorry. Housing -- Vice Chairman Gonzalez: -- units -- Ms. Schoettle-Gumm: Yes, I did. That -- Vice Chairman Gonzalez: -- being built. Ms. Schoettle-Gumm: -- if you tie an impact fee schedule to an indicia, like a tax, which is building valuation or just value, then you run the risk of a court finding that it is not a fee, but it is an invalid tax, so generally, impact fees do not incorporate any aspects related to value or cost of a development. Commissioner Winton: Just like the fire fee ended up. Chairman Sanchez: Right. Commissioner Winton: That same argument. Commissioner Regalado: Yeah, but if I may, Commissioner Gonzalez, Vice Chairman. Well, then nobody challenge the disparity that we had in Flagami versus Brickell -- Vice Chairman Gonzalez: Right. Commissioner Regalado: -- because for all these years, we had had the impact fee four times bigger in Flagami versus Brickell, for instance, or downtown, and maybe that's the reason that there is no construction at all -- Vice Chairman Gonzalez: Right. Commissioner Regalado: -- in west of 37th Avenue to the Palmetto, so my question is the disparity already existed for so many years and nobody seem to mind, only the developers just won't touch it. Ms. Schoettle-Gumm: The methodology that we believe was the foundation for your original impact fee system, our best guess, because we cannot find the documentation for that methodology, is that it looked at the street areas and CIP planned projects for that particular area, and spread those costs over projected development, so you do end up with widely differing amounts of fees by area based upon those two factors. One is what projects are planned for that area, and what development growth is projected for that specific area. That's a very outdated methodology. It is not what's proposed here, but it does yield those widely varying amounts by specific areas, but that's also why you've had some difficulty spending your impact fees because those fees had to stay within those specific planning areas. There are innumerable opinions about the effect of impact fees on development. There are a number of studies that seem to say it does dampen development. There are other studies which seem to show that it has no effect whatsoever. It -- I think it sort of -- where you come down on that really just depends on your personal views about impact fees and how you want to -- as a policy matter, how you want to fund capital improvements. Vice Chairman Gonzalez: Well, let me tell you, to conclude my questioning, I'm not sure that I'm City of Miami Page 113 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 going to support this at this point, but I do have a problem with -- if it could be challenged, well, you know, it could be challenged, but like Commissioner Regalado said, for many, many years residents of my area, my district pay a lot higher impact fees than other areas, and nobody challenge that. Another concern that I have, and you spoke about spending impact fees; that was the reason why they could only spend impact fees in the area that impact fees were generated. I -- on the presentations that were made here, a point was made that is very interesting, and 1 think that this City Commission should request that, on a yearly basis, we receive a report of the impact fees received, the monies, where has been spent, how they have been spent, how many parks, how many streets, how many fire trucks, how many police cars, because you know -- Commissioner Winton: Absolutely. Vice Chairman Gonzalez: -- usually, administration come to the legislative body to get (UNINTELLIGIBLE) approved, and once they get what they want, they forget that they have to report to us, so you know, I will be asking for a report yearly, on a yearly basis, to know exactly what's goes on with this money, and what has been done with the money, and where the money has been invested, and 1 want to make sure that the money is invested equally citywide. The other concern that I have is the timetable that we are allowing to the people that are working presently on projects. I want to make sure that we are fair on the amount of time that we're going to be giving them to -- before they have to start paying the new impact fees, you know. Commissioner Winton: What -- say that again. Vice Chairman Gonzalez: I want to make sure that we are fair, you know, on imposing these new impact fees that we take into consideration people that might be, you know, almost ready or -- and it's not easy, let me tell you. Allapattah Business Development has gone through the planning approval process for a single-family home and for three homes, for affordable housing, and you don't want to know what those people have gone through to get their plans approved, OK, and you're talking just about a -- Commissioner Winton: 1 do know. Vice Chairman Gonzalez.: -- simple, very cheap type housing, OK, nothing sophisticated, nothing luxury, nothing -- and they have gone -- as a matter of fact, they have spent six months getting their plans approved -- Commissioner Allen: Wow. Vice Chairman Gonzalez: -- so you know, when I -- since I have been on the other side of the fence, I feel compassion for these developers and these general contractors that have to go through this process, all right, and have to face the bureaucracy and all the things that they have to face, so that concludes my presentation and my questions. Chairman Sanchez: Commissioner Winton. Commissioner Allen, you're going to speak on the issue? Commissioner Winton: I think that -- you know, when you -- and when you talk about creating districts where you can spend the money as opposed to citywide, I struggled mightily with this whole idea of allowing for citywide because one of the areas that really lacks in park space is a lot of District 2. You know, you've got some good waterfront parks, but you don't have any neighborhood parks, and -- yeah (UNINTELLIGIBLE) in real good shape, but when you get in Little Havana and downtown, and Brickell, and -- Chairman Sanchez: There's no park. City of Miami Page 114 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: -- we don't have any, and it's also where we have the greatest amount of development, and it's also the area where you're going to have the greatest dollar volume of collection for impact fees, but 1 argued with the group probably for 30 minutes or so about that very issue, and in the end, determined and concluded that from a citywide perspective, it's probably -- and a policy making decision -- it's probably the best, and we just have to -- we all have to pay attention and make sure that we end up getting new parks and new parkland built where it's required. Some areas are going to be much more expensive to do it in, like mine than your area, and we're just going to have to pay attention to that. I'm excited about this new impact fee ordinance because I think it's a great first step. It is not a panacea. It is not going to solve all of our issues relative to parks, and I feel that, down the road, the next step that this will become a companion to is probably going to be, once we get our parks master plan done, we're going to probably have to go out and try to convince the voters that we ought to pass the bond issue for parks. Commissioner Allen: Yep. Commissioner Winton: Then you have a bond issue for parks with specific parks like we did our CIP plan, where you got line items, this is what you're doing, a well thought out plan; you convince the voters, and then you have an annual fund here that generates several million dollars a year that compliments that. I think we could end up, in10 years, in a position in this City that is radically different than the position we're in today. There's nothing we're going to be able to do that's going to change the mess that the leaders of this community created for the past 40 or 50 years. We can't solve the problems overnight, but I think this is a great first step at beginning to move us in a direction where we all will have left, I hope, a legacy, long-term, that people will remember the decisions that this Commission made about parks, and park space, and recreation space for kids, so while 1 don't consider it to be perfect, and I've had some arguments about some of the component parts, I am personally very happy that we are where we are and am going to support this. Chairman Sanchez: Commissioner Winton, let me add to the statements that you've made. You know, we're not going to correct the sins of the past with the parks with this impact fee, but I honestly think it's a step in the right direction, and you're talking about the impact fees. The last time we reviewed it, it was 1988, so we're catching up now, based on the public input that has been put on us to do what's right, and that's always been, listen, let's look at how we could improve our services and focus on the parks. If you look at this impact fee, there's a lot of great things here that's being put forth on this ordinance. One is it's uniform citywide fees by City facilities, so that's a step in the right direction, the proposed compared to the existing, but the beauty of this is that everyone that's put out a comment or has made a suggestion to this plan, a lot of this things that have been put forth could be implemented, and with this ordinance, we have the ability, we have the ability to annually update it, we have the ability to modem it, as needed, based on program experience, and it really focuses on a lot of the things that we didn't focus in the past; affordable housing and rental, but if you look at the chart back here -- and you know, the people that are here supporting, and they are -- you're supporting this impact fee; you're not against the impact fee. You just want to maximize this to a point where we're being able to provide more. The concern of government and my responsibly -- and our responsibility, as the legislative body, is that we have to create, we have to create an ordinance that is defensible in court with the proper methodology, and 1 could speak from experience. We've had the fire fee that has been challenged. We've had the parking surcharge that has been challenged, and anything could be challenged, but what we want to do is we want to create the proper legislation -- Commissioner Winton: Park fees are being challenged now. Chairman Sanchez: -- in this case, an ordinance that will stand the challenges of court, and I City of Miami Page /15 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 can see someone laughing in this crowd that was the attorney who challenged this. Wasn't it on the parking surcharge? Commissioner Winton: Throw him out. Chairman Sanchez: Good to have you here, Mr. (UNINTELLIGIBLE). But if you look at the existing and projected impact fee revenue chart, look where most of the money's going towards. It's going towards parks, and that's been the commitment, I think, of every elected official up here, to do everything we can within our city to provide more parks, and you know, we're not going to please everybody because it's hard to please everybody, but we could do things to make our city a better place, and above all, improve the acreage, per resident, in our city, and I speak from my district, which is District 3, who has the least, the least of parkland per acre, but 1 accept this ordinance because 1 think it's a step in the right direction to work on making our city more livable, more enjoyable, especially to our residents that'll have parks, but on the bright side, and there are many bright sides to this ordinance, over the next five years, this will create 11.1 acres of additional City parkland. This will generate $24.2 million of land and two million per improvements for our parks, so I think it's a step in the right direction. We should move forward. We are moving forward in a prudent matter -- manner, so if it is challenged in court, due to advice of our attorney and the proper staff that we hired, and the public input, we'll be able to have a successful run in court if it's challenged, so having said that, and speaking as the Chair always, I do want to thank the Administration for taking the time to meet with the residents and all those that are concerned with this, and it's all about working together. 1 know at times, we don't -- you know, we don't agree on everything, but I do think there is that open dialogue of conversation and communication that, at many times, we do meet at the 50-yard line and we're able to compromise, and that's truly the beauty of democracy, so having said that, 1 know that there is a motion and a second. Vice Chairman Gonzalez made the second for the purpose of discussion. Commissioner Regalado. Commissioner Regalado: Just a question. City Attorney, on the ordinance, we have stated that the park board will be an integral part of this process in terms of monies collected and monies spent; that it would act as a counsel to the City Commission, and that every expenditure on terms of parkland will have to go from the Administration to the parks committee -- Commissioner Winton: That's not in this ordinance. Commissioner Regalado: It's not in the ordinance? Commissioner Winton: No, but it's a resolution that 1 was going to introduce next. Commissioner Regalado: Well -- but it -- how can not that -- not be in the ordinance? Commissioner Winton: Because this is an impact fee -- well, I don't know. That's a good question. Mr. Fernandez: Yeah. This is the impact fee ordinance. What you are eluding to the truly applicable to any of your volunteer citizens boards and committees that serve you, and that give you advice and give you their ideas when an item is in front of you, and so to that extent, 1 think that the Administration understands that it is the will of the Commission that whenever any expenditure is to be made or any selection of parkland is to be made or any relevant issue with regard to the parks master plan, as it affects impact fees, that this group would be consulted as the group in place to give you their advice, but clearly, no power is being given to them, either by this ordinance or by any other ordinance that you have because they are not constituted to have any decision making power -- Commissioner Regalado: Well, 1-- City of Miami Page 116 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Fernandez.: -- other than advice. Commissioner Regalado: -- didn't say --1 didn't spoke about power; 1 said about advice to the City Commission. Mr. Fernandez: And they will. Commissioner Regalado: But if -- how about if the Administration forgets? Commissioner Winton: Because I'm going to produce a resolution immediately after this vote -- Commissioner Regalado: Oh, it's fine, but I -- Commissioner Winton: -- so they can't. Commissioner Regalado: -- just want to make sure that it's part of the whole process. Mr. Fernandez: Well, the Administration can speak. Ms. Cuervo Schreiber: Commissioner, this ordinance only defines how we will be collecting the impact fees, not how we will be spending the impact fees. As you know, we present to the Commission and there is a report issued during budget time to each department on how much impact fees has been collected. We have a listing within our capital improvement plan of projects, and they would show their expenditures in that area. Chairman Sanchez: The expenditure is a policy issue -- Ms. Cuervo Schreiber: Exactly. Chairman Sanchez: -- that should be made by this legislation -- Commissioner Allen: Exactly. Chairman Sanchez: -- so let's keep them separated as to the ordinance. All right, there's a motion and a second, as amended. It is an ordinance on first reading. It would be a second reading. All right, Mr. City Attorney -- Mr. Fernandez: Yeah. Chairman Sanchez: -- read the ordinance into the record, followed by a roll call. Mr. Fernandez: Before I do, you need to make one final decision. Do you decide that it is the 15th or the 31 st, the day that you want to be the applicable date? Chairman Sanchez: I think -- Mr. Fernandez: Remember, you discussed it -- Chairman Sanchez: -- sooner -- yeah, it should be -- Mr. Fernandez: The sooner one, so -- Chairman Sanchez: -- the sooner the better, so -- City of Miami Page 117 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Fernandez: -- it's the 15th. Chairman Sanchez: -- it's the 15th. Mr. Fernandez: So, that's the consensus and that's how we're moving forward. Chairman Sanchez: All right. Does the maker of the motion accept the 15th? Commissioner Winton: Fifteenth, 1 accept. Chairman Sanchez: Does the -- ? Commissioner Allen: Second. Chairman Sanchez: OK, so let it state on the record that the 15th is accepted on this ordinance. Mr. Fernandez: And so with all of the amendments that have already been stated on the record, the ordinance, on first reading, reads as follows. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes, as amended. Ms. Thompson: The ordinance is passed on first reading, 4/1. Chairman Sanchez: Commissioner Winton, you're recognized for a motion. Commissioner Winton: I'd like to make the following motion, and that is requiring that all expenditures that come out of -- for parks I'm talking about -- that all parks impact fee money, that any expenditure to come out of the parks impact fee pool will go before the Parks committee -- what's the formal name of the committee? The Parks committee? Commissioner Regalado: Parks Advisory -- Commissioner Winton: Parks Advisory Board, thank you, thank you, thank you -- before the City of Miami Page 118 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Parks Advisory Board before it comes to the City Commission. Chairman Sanchez: All right. Commissioner Winton: That's my motion. Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, and we move on. City of Miami Page 119 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 RE.1 05-00921 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), UPDATING THE MULTI -YEAR CAPITAL PLAN BY APPROPRIATING NEW FUNDING AND CONTINUING PREVIOUSLY APPROVED CAPITAL PROJECTS FOR FISCAL YEAR 2006. 05-00921 Legislation.pdf 05-00921 Exhibit 1.pdf 05-00921 Summary Form.pdf 05-00921 Check.pdf 05-00921 Previous Legislation.pdf 05-00921 Master Report.pdf 05-00921 Previous Legislation 2.pdf 05-00921 CDBG Funding .pdf 05-00921 Master Report 2.pdf 05-00921 Master Report 3.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0689 Chairman Sanchez: We still have RE. I. Priscilla A. Thompson (City Clerk): Yes, all REs (resolutions). Chairman Sanchez: All right. We'll get through these quick. Vice Chairman Gonzalez: Move RE.1. Chairman Sanchez: RE. I, that's from the Department of Capital Improvement Program. Could you just state something for the record? Mary Conway: Yes. Mary Conway, CIP (Capital Improvements Program). RE. 1 is the annual CIP appropriation ordinance, and it is allocating new revenue sources. They're summarized on the spreadsheet that was included at the back of the package that you have before you. Chairman Sanchez: I'll tell you what, why don't we do something on this item. Let's hear this this afternoon. I don't want to rush through this item. Commissioner Allen: Yeah. Chairman Sanchez: You know, we've been criticized plenty -- Ms. Conway: OK. Chairman Sanchez: -- and you know that, and I want to make sure that the process here is crystal clear for those that are just waiting for that inch to criticize us, so let's have a -- Ms. Conway: OK. City of Miami Page 120 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- well out discussion on this item, and let's do a good presentation to inform them of what we're doing in the future with the CIP bond issuance. [Later.] Chairman Sanchez: RE.1. RE.1 is the Department of Capital Improvement Program. Mary Conway:: Mary Conway, CIP (Capital Improvements Program). Chairman Sanchez: Yes. Ms. Conway: RE.1 is the City's annual capital improvement appropriation ordinance. This resolution is allocating new revenues that have been collected and appropriating them into the capital plan. Those revenues are summarized on the spreadsheets that were at the back of your packet. They include impact fees, various miscellaneous monies, such as UM ticket surcharge, grant monies that had been received from Florida Inland Navigation District, et cetera. What is also included on the first two line items are the last of the Homeland Defense Bond swaps to ensure that -- Chairman Sanchez: Mary -- Ms. Conway: -- all of the first series monies -- Chairman Sanchez: -- is the list long? Ms. Conway.: It's pretty long. Chairman Sanchez: OK. Ms. Conway: If you'd like, what I could do is -- what isn't that long is the summary of the revenues that are being appropriated, via this. The backups, supporting documentation that has the individual line items, that is a much lengthier list. Chairman Sanchez: So what you're doing here is you're swapping out and taking projects that were going on -- to be funded on the first series and placing them on the second series? Ms. Conway:: Correct. Chairman Sanchez: OK. Ms. Conway: And then we're also appropriating revenues to the capital plan, such as the impact fees that had been collected over the last 12 months, and then we're also appropriating some grant monies that have been received to the City, as well as some other miscellaneous revenues. Commissioner Allen: Right. Just one quick question. I'm sorry, Mr. Chairman. I was sort of Distracted. You did say that we're swapping out or moving series two allocations or projects to series one? Chairman Sanchez: She has the list, and she's basically -- what she's doing -- she just stated it -- is they're taking some of the items that were on the first series and placing them on the fundings, when the second series of the bond issuance is sold, correct? Ms. Conway: Correct. City of Miami Page 121 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: Right. Chairman Sanchez: And that's the list that you have, but I would feel comfortable -- I know the Commissioners have that list, but maybe, for the record, if you could put the projects or some of the projects -- Commissioner Allen: The projects, right. Chairman Sanchez: -- on the record. Commissioner Allen: The reason why I asked because a specific incident, you my recall, Mary, with respect to the gateway projects. I recall, they were in series allocation relative to District 5. Ms. Conway: Correct. Commissioner Allen: Would that have been one of the projects that's been now moved or -- Ms. Conway:: No. Commissioner Allen: -- that can accelerate to start the process? Ms. Conway: Right. That was not one of the projects. The projects that were funded with the first series -- Commissioner Allen: Right. Ms. Conway: -- are projects, such as Little Haiti Park had $5 million in second series. Those monies were being advanced, and additional -- existing projects that were already well into the production phase -- Commissioner Allen: I see. Ms. Conway: -- that needed additional monies to make them fully funded from the second series; that was the primary focus, as opposed to new projects in this last appropriation. Commissioner Allen: I see, but however, there is a possibility of accelerating that series two gateway projects, getting it accelerated as rapidly as -- as quickly as possible. Ms. Conway: We intend to start working on the design of that with in-house resources so the construction will be able to start as soon as the second series bond monies are available. Commissioner Allen: Available, good Chairman Sanchez: All right. Do any of the Commissioners have any questions on this item? Commissioner Allen: No. Chairman Sanchez: OK, there's none. It's a resolution. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion's carried, and we move on to -- City of Miami Page 122 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Chair, I'm sorry, we didn't get a motion and a second. Commissioner Allen: 1 make a motion we adopt the report by Mary Conway relative to RE.1. Chairman Sanchez: All right, reference RE.1, a motion is being put on the floor by Commissioner Allen. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Do we need to vote on it again, Madam Clerk? Ms. Thompson: Yes, please. 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. RE.2 05-01268 RESOLUTION Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Management Trust SALARY OF THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST IN THE ANNUAL AMOUNT OF $106,000. 05-01268 Legislation.pdf 05-01268 Memo.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Allen R-05-0685 Chairman Sanchez: All right. Let's go to RE.2. That's the Bayfront Park Trust. Vice Chairman Gonzalez: 1 move RE.2. Chairman Sanchez: RE.2, there's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Winton. This is a resolution of the City of Miami Commission approving the salary of the executive director of Bayfront Park Management Trust, in the amount not to exceed 106,000 a year. Commissioner Winton: I asked him if that was a decrease or an increase. He -- because I thought he was wanting to put some of his salary into parks or something, but 1 was totally confused by the whole issue. Chairman Sanchez: I'm going to take this opportunity to praise -- he's done an incredible job at that park. That park generates money -- Commissioner Winton: He's done an incredible job. City of Miami Page 123 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 RE.3 05-01270 Department of Capital Improvement Programs/Transpor tation Chairman Sanchez: -- for the City, when before it lost money. He's put us in the map, and we're recognized as one of the top ten amphitheaters that generates revenues and events, so that is something that we should all be very proud of -- Commissioner Winton: Here, here. Chairman Sanchez: -- so having said that, it's a resolution. There was a motion on the floor and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PIRTLE CONSTRUCTION COMPANY, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES, FOR THE "JOSE MARTI PARK GYMNASIUM, PROJECT NO. B-35857," IN AN AMOUNT NOT TO EXCEED $4,060,000, CONSISTING OF $60,000, FOR PRE -CONSTRUCTION SERVICES AND A GUARANTEED MAXIMUM PRICE FOR STAGE I OF CONSTRUCTION SERVICES, AS DESCRIBED IN "EXHIBIT 1," IN AN AMOUNT NOT TO EXCEED $4,000,000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A GUARANTEED MAXIMUM PRICE FOR STAGE II OF CONSTRUCTION SERVICES SUBJECT TO SUBSEQUENT APPROVAL BY THE CITY COMMISSION; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 333142, B-35857, FOR SAID PURPOSE. 05-01270 Legislation.pdf 05-01270 Exhibit 1.pdf 05-01270 Exhibit 2.pdf 05-01270 Summary Form.pdf 05-01270 Revenue & Expenditures Project.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Allen R-05-0686 Chairman Sanchez: And let's go to -- Vice Chairman Gonzalez: RE.3. Chairman Sanchez: -- RE. 3. Vice Chairman Gonzalez: I'll move RE.3. Commissioner Winton: Second. Chairman Sanchez: OK. RE.3, there's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. It is a resolution. It does not require a public hearing, does it, Madam City of Miami Page /24 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Clerk? Priscilla A. Thompson (City Clerk): No. Jorge L. Fernandez (City Attorney): No, it doesn't. Chairman Sanchez: No public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.4 05-01271 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO INSTRUCT THE Improvement DIRECTOR OF CAPITAL IMPROVEMENTS AND TRANSPORTATION TO Programs/Transpor ISSUE WORK ORDER NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, tation TO HDR ENGINEERING, INC., FOR SPECIALTY PROGRAM MANAGEMENT SERVICES FOR FEMA-REQUIRED ADMINISTRATION, MONITORING AND REPORTING OF HURRICANE DEBRIS REMOVAL, PURSUANT TO THE PROFESSIONAL SERVICES AGREEMENT EFFECTIVE AUGUST 1, 2005, PURSUANT TO RESOLUTION NO. 05-0534, ADOPTED SEPTEMBER 8, 2005, IN AN AMOUNT NOT TO EXCEED $2,200,000; ALLOCATING FUNDS FROM THE DESIGNATED HURRICANE RECOVERY ACCOUNT NO. 800005, FOR SAID PURPOSE. 05-01271 Legislation.pdf 05-01271Exhibit 1.pdf 05-01271Exhibit 2.pdf 05-01271 Summary Form.pdf 05-01271Text File Report.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-05-0690 Vice Chairman Gonzalez: RE.4. Chairman Sanchez: RE.4. Vice Chairman Gonzalez: Move RE.4. Commissioner Winton: Second. Chairman Sanchez: Well -- there -- RE.4. We should wait for this afternoon for RE.4, too. Commissioner Winton: Why? Chairman Sanchez: We don't want to rush through any of these items. RE.4, we'll bring it back this afternoon. [Later..] City of Miami Page 125 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: RE.3 is a resolution. Mary Conway (Director, Capital Improvements Program & Transportation): I believe that RE.3 was already passed. Jorge L. Fernandez (City Attorney): It's RE.4. Priscilla A. Thompson (City Clerk): It's R -- Ms. Conway.: It was RE.4 that we had remaining. Mr. Fernandez: It's RE.4. Chairman Sanchez: I am so sorry. Yes, it's RE.4. Ms. Conway: RE.4 is a resolution for a contract increase in the amount of $2.2 million to an existing contract with HDR (Henningson, Durham and Richardson) for program management services. This was done immediately following the emergency event of Hurricane Katrina. As you're aware, the City, through the Solid Waste Department, had two contracts in place for debris collection with two companies, Grubbs and DRC. In order for the City to be eligible for FEMA (Federal Emergency Management Agency) reimbursement, FEMA requires that there be inspectors and monitoring services associated with the collection of the debris material, including certifying all vehicles, inspecting the disposal, monitoring the labor, doing quality control associated with the field data that's collected and submitted to FEMA, mapping fallen trees, broken limbs, verifying invoices that the contractor submits and doing reconciliation, and then lastly, preparing all of the documentation and reports that are submitted to FEMA for reimbursement. Commissioner Allen: Right. 1 have a question. Chairman Sanchez: All right. Before we go into questions, do we have a motion and a second for the purpose of discussion? Commissioner Allen: I'll -- Vice Chairman Gonzalez: I'll move it. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez -- Commissioner Allen: Second for discussion purposes. Chairman Sanchez: -- second by Commissioner Allen for the purpose of discussion. Commissioner Allen, you're recognized. Commissioner Allen: Yes. This is just an inquiry of mine. 1 know HDR is, if you will, one of the companies that we've had for the last year or two, but they're getting an awful lot of work I've noticed here, and could -- should this have gone out for bid because I can -- because this is an awful lot of money these guys are going to receiving here. I mean, they've already got quite a bit of share of the pie for the last year or two, and I just believe in doing something pro -competitive in many cases, so -- Ms. Conway: I think -- Commissioner Allen: -- could we consider -- City of Miami Page 126 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Conway: -- in an ideal situation, it would be ideal to be able to take all of our contracts out to bid, but for us to be able to have people in place, immediately following the storm event, to begin the debris collection and the monitoring to ensure that we can get reimbursement -- and if the Commission will note, the monies that are here associated with this item, as well as the approximately additional $18 million associated with the actual debris collection and disposal is eligible for reimbursement by FEMA up to 87 percent, so these are monies that will be reimbursed up to that level, and regarding how the monies are distributed among HDR and the subconsultants -- Commissioner Allen: Yeah, that's -- Ms. Conway: -- in the material you will see the individual price proposals. HDR's portion of this contract is $150, 000, and there are four consultant firms: ADA (Alberto D. Argudin) Engineering, in the amount of 341, 000, Ambro, Incorporated, in the amount of 316, 000, GBF Engineering, in the amount of 203, 000, and lastly, Aerotek Environmental, in the amount of $1.138 million. Commissioner Allen: Right. Now, let me ask -- based on the nature of that worked that the subconsultants will be performing, it's clear to me that this can offer a great many job opportunities for City of Miami residents. Is there any way that we have some quality control insurances in place that, not just my district, but citywide, people are being used for these subconsulting services? Because if they're just doing monitoring, that doesn't -- it seems to me doesn't require a certain skill set. You're going around making sure they collect their requisite amount of what cubic feet or debris, and submitting this documentation, I'm just wondering, and also, if you can, just -- before you answer that one, I'm just still curious, guys. I know that we just had the hurricane. Could this not gone out for -- ? Well, 1 know the bid process does take a -- has its own inherent timelines, but -- I mean, is there someone else we could have used that's on -- at our disposal? I'm just curious. I mean, 1 just believe in something that's pro -competitive, try to get more opportunities, give more individual companies an opportunity to earn income, as well. Ms. Conway: From an administration standpoint, what we've chose to do was reach out to vendors who had existing contracts. The reason that we reached out to HDR to provide three or four key people is based on their past successful experience for Okaloosa County and the City of Jacksonville following Hurricane Ivan and Dennis. They provided three or four key people who are doing all of the oversight, all of the field documentation, making sure that the invoices that we're getting from the haulers are accurate, and then, as far as the subconsultant firms that were brought forward, that was really based on making phone calls and seeing what firms had staff available that they could immediately reassign full-time to this task, and I would note that ADA, GBF are both minority disadvantaged firms. I'm not certain about Ambro or Aerotek Environmental, but we did the best that we could to try to provide opportunities based on people who were available and could give -- commit people on an immediate basis. Commissioner Allen: Yeah, 1 understand, and I have another concern. No issue with the capacity of this company, their national prominence, or whatever it might be, but guys, you know, I'm just -- basically, guys, they virtually have a monopoly on generating income from our city. 1 mean, I just think that some work should be spread around -- about -- that's my concern, so 1 don't know if the -- my -- balance of my Commissioners share my concern. Vice Chairman Gonzalez: I do. Chairman Sanchez: Commissioner Regalado. Commissioner Allen: I mean -- City of Miami Page 127 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Regalado: OK, two questions. Mary, I know that the debris pickup is not a capital improvement, but yet, HDR is under your supervision. There is still many tree stumps, which are in many areas blocking the sidewalks and even part of the street. The response that I have from the Administration, FEMA has to check them in order to reimburse the City, but -- and I understand that. What I don't understand is how long this process is going to take because of safety issues. There are sidewalks that are like mountains and people are falling. That's a safety issue, so do we have a timetable so we can advise the people? I have, in District 4, that we know, 22 trees that were uprooted completely, fall into houses and all that. Sidewalks, they took the sidewalks and even part of the street, so we just -- these people -- and some of them are from Katrina, mind you, not from Wilma. These people are asking, and the second question is, some of the sidewalks were recently repaired The reason that the sidewalks are broken is because of the hurricane, not because they needed to be repaired, so the question is is FEMA also paying for this capital improvement to restore the sidewalk and street as it was, and is FEMA going to help us in planting new trees in the same areas where trees were toppled? Ms. Conway.: If I may, I'd like to defer to Mario Soldevilla, our Solid Waste director, regarding the debris removal, and then also just to clarib, for the Commission that the CIP office's role in this item is simply allowing an existing contract that CIP was managing to be used by another department; in this case, Solid Waste, and Mario -- Commissioner Regalado: So, who's supervising HDR, Solid Waste? Ms. Conway: Mario -- no. Mario is, and he can answer your questions. Commissioner Regalado: OK. Mario Soldevilla: Mario Soldevilla, director of Solid Waste. Commissioner, the task of identifying all of the down trees and documenting that information is about 70 percent done for the entire City. Tomorrow we're going to be presenting the -- around 12 areas already of the City that have been fully documented to FEMA so that they can start their process of verification. They need to certify that those down trees and hangars are eligible for reimbursement. They're not going to do a hundred percent of them; they will be doing a percentage of it, and then we'll be following up with it. I hope that the -- that by next week we're going to begin the actual process of the removal of the stumps, the removal of the hangars, and move forward in doing that with the City. The City's pretty much cleaned up, for the exception of the hangars and the stumps that need to be addressed, so we're at the point now that that is going to get done. In terms of the -- of HDR, they're the ones who are doing this documentation for us in looking at all of the trees and all of the hangars and fully documenting it so that we can present it to FEMA. Commissioner Regalado: But you're going to make sure that when HDR is supervising, along with FEMA, those tree stumps, they will document that those tree stumps did took sidewalks, swale areas, and part of the streets with them? Mr. Soldevilla: Absolutely, and if you see some of the pictures that are taken, some of the documentation that has been prepared, it'll show that -- you know, it'll show a picture of the tree and what it has done, and it'll also say that this sidewalk was destroyed by the -- by an uprooted tree, so that is also documented by HDR. Commissioner Regalado: Thank you. Chairman Sanchez: I just have a question for you. We're paying -- Mr. Soldevilla: Yes. Chairman Sanchez: -- HDR $2.2 million for a management service to monitor and report for the City of Miami Page 128 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 hurricane debris removal. We're paying them and they're doing all the paperwork to be reimbursed by FEMA? Mr. Soldevilla: Well, actually -- yeah, we're paying HDR their fee for doing this, so about -- Chairman Sanchez: What's their fee? Mr. Soldevilla: -- 150,000. Chairman Sanchez: A hundred and fifty thousand Mr. Soldevilla: Yeah. The -- Chairman Sanchez: OK. Mr. Soldevilla: -- actual -- the 2.2 million is for most of the monitoring service. In other words, we have to have one individual -- Chairman Sanchez: But does this -- does the $2.2 million go towards any of the expenses to remove the debris? Commissioner Regalado: No. Mr. Soldevilla: No. This is strictly the monitoring services that are provided by the subcontractors that they have. Every pickup that is done has to be approved by a monitor, which is really a representative of the City, that states that this is a City street that, in fact, was picked up at a City street, that was eligible for reimbursement, and that they, you know, put it up, put it on their trucks, and carried it to our temporary staging site. At this temporary staging site, that same truck comes in and it's also verified as to how much of the, you know, material is in there -- Chairman Sanchez: You've answered my question -- Mr. Soldevilla: -- and so forth. Chairman Sanchez: -- so it's a monitoring system that we have to have in place in order to meet the requirements and fulfillment of FEMA reimbursement? Mr. Soldevilla: Absolutely. Chairman Sanchez: Thank you very much. Mr. Soldevilla: Absolutely. Commissioner Regalado: Yeah, but 1 never seen the HDR people. I always see the Grubbs (phonetic) people in their vans following their trucks. Mr. Soldevilla: The HDR people, what you are going to see are going to be monitors who have - - actually, they have their own vehicles. They are staged at the particular site where Grubbs is working, so in other words you might see a Grubbs crew that has a front loader and a couple of trucks that are loading. Each one of the monitors holds a ticket that explains that this is the street where there is being picked up at, and that they cert5 that the work was done by Grubbs or DRC, whomever is doing the pick-up for us. Commissioner Regalado: OK. City of Miami Page 129 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Vice Chairman Gonzalez: Mary, I have a couple of questions. HDR was selected under a competitive bid process? Ms. Conway: Not under a competitive bid, but under a competitive selection and compliance -- Vice Chairman Gonzalez: Oh, a competitive selections. Ms. Conway: -- with the City Code and the state statute, yes. Vice Chairman Gonzalez: OK, and when is that process going to be taking place again? Ms. Conway: For our program management services, you approved a one-year contract a month or two ago, subject to the possibility of annual renewals. If there's a desire on behalf of the City to put that program management services contract out again for advertisement, we just need that feedback and the City can do that at any time. Vice Chairman Gonzalez: OK. Do -- as far as you know, do they employ minorities? Ms. Conway: Yes. Vice Chairman Gonzalez: Do they have minorities? Ms. Conway: Yes. Yes. Vice Chairman Gonzalez: By minorities, I mean, include, you know, Blacks, Hispanics? Ms. Conway: On their payroll, yes, they do, and if you'd like statistics in that regard, I am sure that I can get that information. Vice Chairman Gonzalez: OK, because I do have the same concern that my colleague Commissioner Allen has, that you know, it's a lot of money being paid to this company and we need to make sure that there is a proportion, you know, of this money go to different segments of this community, you know, and minorities get work. Now, on the companies that are picking up. At the last Solid Waste Committee meeting, the haulers that are part of the committee were questioning why they are not able to participate. Remember, Mario -- Mr. Soldevilla: I'm sorry. Vice Chairman Gonzalez: -- at the last Solid Waste committee meeting -- Mr. Soldevilla: Yes. Vice Chairman Gonzalez: -- the companies that are part of the committee were questioning why they haven't been afforded the opportunity to participate, you know, whenever we have a hurricane, or a storm, or whatever to do a pickup. My question is when -- is this going to be going out for another selection process or whatever so these companies can be notified and be a part of the process? Mr. Soldevilla: Yes, sir. As a matter of fact -- Vice Chairman Gonzalez: Because they're local companies -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- you know, and -- City of Miami Page 130 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 RE.5 05-01272 Department of Capital Improvement Programs/Transpor tation Mr. Soldevilla: Yes. We -- Vice Chairman Gonzalez: That's -- Mr. Soldevilla: We're going to put out an RFP (Request for Proposals) -- see, the DRC (Disaster Recovery Centers) contract runs out in April of 2006 -- Vice Chairman Gonzalez: Because let me tell you -- Mr. Soldevilla: -- so that means that for the next hurricane season, we need to put additional contracts in place, so we are developing an RFP just precisely for that, and of course, everybody will be welcomed to -- Vice Chairman Gonzalez: Right. Mr. Soldevilla: -- bid. Vice Chairman Gonzalez: Let me tell you, my point is that we need to support local companies that pay taxes in the City, that employ people from this city, you know. If local companies don't have the capacity to do the work and then we have to outreach out of this state, or out of the City, or out of the County, well, you know, it's not our fault, but as long as we can find companies that can do the job that are local people, I always prefer to, you know, support the companies that employ our people in the City of Miami that pay taxes here, that pay licenses here, and that spend their money in this city, not that take the money somewhere else -- Mr. Soldevilla: You're absolutely right, Commissioner -- Vice Chairman Gonzalez: -- so I would like to hear -- Mr. Soldevilla: -- and as you know, the -- actually, the labor force that is being -- that Grubbs and DRC have are local individuals who are subcontracted by them. I mean, they have their own -- some of their own crews, but an immense majority of the work is being done by local individuals. Vice Chairman Gonzalez: Glad to hear that. Thank you so much. Chairman Sanchez: All right. Commissioner Allen: Good. Thank you. Chairman Sanchez: It is a resolution. Is there any other discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE DESIGN AND CONSTRUCTION OF A PORTION OF CAPITAL IMPROVEMENT PROJECT NO. B-30337 "BISCAYNE BOULEVARD City of Miami Page 131 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 RECONSTRUCTION, BETWEEN NORTHEAST 14TH AND NORTHEAST 15TH STREETS," IN CONNECTION WITH THE PERFORMING ARTS CENTER OPENING AND THE COMMUNITY REDEVELOPMENT AGENCY'S STREETSCAPE PROJECT, WITH FDOT COMMITTING TO REIMBURSE THE CITY OF MIAMI THE COST OF DESIGN AND CONSTRUCTION, IN THE LUMP SUM OF $1,650,000, IN FISCAL YEAR 2007-2008; ALLOCATING FUNDS FROM CAPITAL PROJECT NO. 341330, B-30337, FOR SAID PURPOSE, UNTIL THE SCHEDULED FISCAL YEAR 2007-2008 FDOT REIMBURSEMENT. 05-01272 Legislation.pdf 05-01272 Exhibit 1.pdf 05-01272 Exhibit 2.pdf 05-01272 Exhibit 3.pdf 05-01272 Summary Form.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado RE.6 05-01275 Department of Capital Improvement Programs/Transpor tation R-05-0687 Chairman Sanchez: RE.5. RE.5 is a resolution, and that's from the Department of Capital Improvement Transportation Program. Well, we'll hear this one now. Mary Conway: Mary Conway, CIP (Capital Improvements Program). RE.5 is a resolution for the City to enter into a joint participation agreement with the Department of Transportation. DOT (Department of Transportation) is funding the reconstruction of Biscayne Boulevard between 14th and 15th Street, in conjunction with the Performing Arts Center, and the City will be building -- designing and building the project improvements, as part of this JPA (joint participation agreement), so they will be funding the design and improve -- and construction. The City will be administering it on their behalf. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Commissioner Winton: Or did we already move it? Chairman Sanchez: RE. 5, there's a motion by Commissioner Winton, second by Commissioner Allen. The item is under discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PIRTLE CONSTRUCTION COMPANY, FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE "LITTLE HAITI PARK CULTURAL COMPLEX, City of Miami Page 132 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 PROJECT NO. B-30295," IN AN AMOUNT NOT TO EXCEED $5,060,000, CONSISTING OF $60,000, FOR PRE -CONSTRUCTION SERVICES AND A GUARANTEED MAXIMUM PRICE FOR STAGE I OF CONSTRUCTION SERVICES AS DESCRIBED IN "EXHIBIT 1," IN AN AMOUNT NOT TO EXCEED $5,000,000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A GUARANTEED MAXIMUM PRICE FOR STAGE 11 OF CONSTRUCTION SERVICES, SUBJECT TO SUBSEQUENT APPROVAL BY THE CITY COMMISSION; ALLOCATING FUNDS FROM B-30295, CAPITAL IMPROVEMENT PROJECT NO. 331412, FOR SAID PURPOSE. 05-01275 Legislation.pdf 05-01275 Exhibit 1.pdf 05-01275 Exhibit 2.pdf 05-01275 Exhibit 3.pdf 05-01275 Exhibit 4.pdf 05-01275 Exhibit 5.pdf 05-01275 Exhibit 6.pdf 05-01275 Exhibit 7.pdf 05-01275 Exhibit 8.pdf 05-01275 Exhibit 9.pdf 05-01275 Exhibit 10.pdf 05-01275 Exhibit 11.pdf 05-01275 Summary Form.pdf 05-01275 Detailed Revenue Project.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0688 Chairman Sanchez: We go to RE.6. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second Chairman Sanchez: All right. We need to have something on the record by the Department of Capital Improvement. Mary Conway (Director, Capital Improvements Program/Transportation): RE.6 is a resolution for the actual construction of the Little Haiti Cultural Complex. It's broken into two parts, in initial preconstruction amount of preconstruction services for Pirtle Construction to work with the engineer, the designer of record, the remaining portion, in the amount of $5 million is for the actual site work and construction. Chairman Sanchez: All right. Commissioner Allen: I move the item, Mr. Chairman. Chairman Sanchez: The item has already been moved -- Commissioner Allen: I'm sorry, second. City of Miami Page 133 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- by Commissioner Winton, second by Vice Chairman Gonzalez. Any further discussion on the item? If not, RE.6 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. RE.7, we'll bring this -- we'll bring it back this afternoon -- Commissioner Allen: Oh, yeah, that's -- Chairman Sanchez: -- and, BC. 1, which is the appointments -- we'll bring those two back this afternoon, so at this time, the City of Miami Commission meeting is in recess 'till 2:30. RE.7 05-01362 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Conferences, ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS Conventions and AGAINST LATIN AMERICAN GOURMET RESTAURANT, INC. Public Facilities ("MANAGEMENT"), TO PROSECUTE, PROTECT, AND PRESERVE THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED AT LAW OR IN EQUITY TO OBTAIN POSSESSION OF CITY -OWNED PROPERTY AND ANY RELIEF OR REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE CITY RELATED TO MANAGEMENT'S BREACH OF THE MANAGEMENT AGREEMENT DATED MAY 29, 1992, AS AMENDED. 05-01362 Legislation.pdf 05-01362 Summary Form .pdf 05-01362 Previous Legislations.pdf 05-01362 Zoning Board Agenda.pdf 05-01362 Zoning Fact Sheet.pdf 05-01362 Maps.pdf 05-01362 Previous Legislation 2.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0691 Chairman Sanchez: All right. We go to RE.7. RE.7 -- Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: -- a civil action. Yes, Mr. City Attorney. Mr. Fernandez: Commissioners, this is an item that has come to my office, at the request of the Administration. The Administration is asking our office to take legal action against Latin American Gourmet Restaurant, and in order for me to do so, 1 have to come to you and ask for your authorization. Chairman Sanchez: All right? Commissioner Allen: I guess -- If I may, Mr. Chairman. All attempts to resolve this have failed, right, so that leaves us no option at this point to pursue this civil action, correct? City of Miami Page 134 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Laura Billberry: Lori Billberry at Public Facilities. That is correct. Commissioner Allen: OK. I move the item, Mr. Chairman. Commissioner Winton: Second. Chairman Sanchez: All right. There is a motion and a second. Item under discussion. Anyone wishing to discuss the item? Commissioner Regalado. Commissioner Regalado: Yeah. I just wanted to understand about the question that I had when I had the briefing, that 1 was told that the Manager had authorized a payment program. Commissioner Winton: What'd you say? Commissioner Regalado: That the Manager had authorized a payment program to the -- that's what they told me, and that's what they -- I asked Lori and the City Attorney that was there. Commissioner Winton: You mean a workout plan? Commissioner Regalado: Yeah -- Commissioner Winton: Oh, OK. Commissioner Regalado: -- so I still don't know if this is -- if this is the case or what is going on. I don't -- are we filing suit or are we accepting here a payment plan of what they owed to the City? Ms. Billberry: The City Manager did approve in the past payment plans because they had fallen behind in their fees to the City. They were paying on those payment plans in the past, and then they subsequently defaulted on the payment plans, but this goes beyond things that even the City can do as far as the payment plan. This involves taxes that are owed to the County, and they initially appealed those taxes, which is why we could not default them on that issue during the time that they were appealing because they were exercising their legal rights to contest that. They did not show at their Value Adjustment Board hearings; therefore, that is in default also at this point, and there is about 129,000 in taxes now due, and that does not include the 2005. We cannot do anything as it relates to those taxes because that is a County issue. Commissioner Regalado: So, if we file suit, we have to pay the taxes? Ms. Billberry: It is possible that those taxes may become a liability of the City. Chairman Sanchez: Is that the only issue, the tax? Ms. Billberry: They also owe about 38,000 in fees to the City. Tom Korge: That's not the only issue. If I might -- Commissioner Winton: Well -- Chairman Sanchez: All right. Well, you'll have an opportunity, Counsel. Mr. Korge: Thank you. Chairman Sanchez: We're just trying to get a better understanding of this situation. City of Miami Page 135 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Well, when was the last time they made a payment to us? Commissioner Regalado: Is this place open? Commissioner Allen: Yeah, 1 was going to -- that's the next question. Does this contemplate an eviction at some point? Mr. Fernandez: What was that? Commissioner Allen: Does this contemplate some form of an eviction, assuming if we -- ? Mr. Fernandez.: Well, that would be the legal recourse that we're left with taking. Ms. Billberry: The last check we received was in August of '04. Commissioner Winton: August when? Ms. Billberry: '04. Commissioner Winton: August '04? Ms. Billberry: Yes. Commissioner Winton: That's a -- Chairman Sanchez: Counsel. Mr. Korge: Well -- Chairman Sanchez: State your name and address for the record, Counsel. Mr. Korge: Yes. My name is -- Chairman Sanchez: We know who you are. Mr. Korge: Thank you. My name is Tom Korge. My office address is 230 Palermo Avenue, Coral Gables. My client, as you know, has developed certain park property in downtown Miami that has a park concession, food area, to serve people that use the park in downtown, and that was lent to them under the guise of a management agreement; did not conform to the City Charter, which requires that leases be approved through specific procedures. During the process of construction on the property, after they had invested about 650,000 towards the 1.4 million that they have already invested in this property, they were told, because of delays, that they would have to execute amendments to the contract, and in the process, were told that they would have to pay ad valorem taxes on the property going forward Well, the ad valorem taxes are really at issue here, and with respect to those ad valorem taxes, if this is a management agreement that is valid under the City Charter because they're managing a property for the City, then this is property owned by the City and it's not subject to ad valorem taxes, so our position has been that there is no liability for ad valorem taxes, but if there is, the manner in which it was imposed on them is extremely unfair. Alternatively, if this is a lease, then it's void from the outset, and we have a claim for the investment that we made in the City's property. Having said all that -- we've already filed suit. I don't know if that's been made clear, but we have already filed suit against the City. Commissioner Allen: If I may, Mr. Chairman. I hate to interrupt, but -- City of Miami Page 136 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: Oh, you've already filed suit against the City? Unidentified Speaker: Uh-huh. Commissioner Allen: You're saying something -- Mr. Korge: Yeah. Commissioner Allen: -- operative. Did you -- have you filed a declaratory be -- what you're saying -- the way to resolve that legal conundrum is to file a declaratory type of relief. Have you done that to -- Mr. Korge: Yes, we have. Commissioner Allen: -- determine -- to declare your rights? Mr. Korge: Yes. Commissioner Allen: And what's been the position of that? Does anyone -- ? Mr. Korge: Oh, no, we just -- we've just filed. Commissioner Allen: Oh, you just filed. OK. Mr. Korge: I was just retained a few weeks ago, so this has not -- Commissioner Allen: Oh, OK. Mr. Korge: Certainly, nothing has been resolved. Commissioner Allen: 1 see. Mr. Korge: My client had tried to work something out with the Administration, but they weren't able to work anything out, anything at all, either a workout respecting the property taxes -- Commissioner Allen: If I may, Mr. Chairman. Respectfully, if you filed a lawsuit, this is in litigation. We shouldn't be discussing this because you're talking -- the City Attorney, we're -- Commissioner Winton: Right. Commissioner Allen: -- I don't -- you know, I mean, I'm being perfectly honest. You -- Commissioner Winton: I don't. 1 agree. Commissioner Allen: It's in litigation. You should be discussing this with the City Attorney. We shouldn't be involved, as Commissioners. We should not be influenced in any way whatsoever. Commissioner Winton: Except as it relates to giving the City Attorney authority to take his own legal action, I'm assuming. Mr. Fernandez: Thank. Commissioner Allen: But we've received a complaint, right? This is in litigation. Mr. Korge: I assumed that -- I got back the service of process -- City of Miami Page 137 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Mr. Fernandez: The -- Mr. Korge: -- so 1 assume you've received it. Mr. Fernandez: -- courteousness of this Commission, which you typically extend to everyone that appears in front of you prevents me from interrupting Mr. Korge, but all of you, very aptly, have picked up on the point that whether the lawsuit has been filed or not, Mr. Korge did send me a courtesy copy two weeks ago. At the time that I brought this issue to your attention at the last City Commission meeting, I intended, when I would have been given an opportunity to speak, to caution you to the fact that the -- Mr. Korge and his clients intend, on any number of causes of actions that they are stating, take the City to court. Prior to him taking the City to court, I'm asking you for the privilege for us to take them to court, and anything else that 1 would say would be totally unnecessarily, especially in light of the fact that a litigious situation has already been created, so as your counsel, I caution you not to continue to entertain this gentleman's presentation and grant me the authority to do the right thing by the City. Commissioner Allen: Right. I make -- Commissioner Winton: Call the question. Commissioner Allen: 1 second that. I -- Chairman Sanchez: All right. Mr. Korge: Well, before you do, let me just tell -- Commissioner Winton: Oh. Mr. Korge: -- the City Attorney that -- Chairman Sanchez: The question (UNINTELLIGIBLE) -- Commissioner Winton: Excuse me. Mr. Fernandez: Again -- Commissioner Allen: Respectfully, that's a -- Mr. Korge: Mr. City Attorney, we've already filed and served process, so you can just counterclaim if you want. Commissioner Winton: Excuse me. Chairman Sanchez: Counsel. Commissioner Winton: I have -- Commissioner Allen: Yeah, but this is a legal action. Commissioner Winton: -- called the question. Chairman Sanchez: Counsel. Commissioner Allen: Yeah. I make a motion -- City of Miami Page 138 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: The question has been called. The motion's already there, OK. Commissioner Allen: OK, second. Commissioner Winton: Yes, we have a motion. Chairman Sanchez: I guess, as they always say, everyone's a gentleman until there's a disagreement, and then there's no longer a gentleman, so the question has been asked. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 139 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 BC.1 05-00787 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Josefina Sanchez-Pando Allyson Warren Maria Mascarenas Paula Xanthopoulou 05-00787 memo.pdf 05-00787 resignation-Solares.pdf 05-00787 members.pdf NOMINATED BY: Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Johnny Winton Commissioner Johnny Winton Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0704 A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Josefina Sanchez-Pando and Allyson Warren, as members of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Josefina Sanchez-Pando's appointment; and further waiving the term limit requirements in Section 2-885(b) of the Code of the City of Miami, as amended, by a five/fifths (5/5) vote of the members of the City Commission, as it relates to Josefina Sanchez-Pando's appointment. Chairman Sanchez: We move on to Item number BC.1. Who has appointments to BC. 1? Vice Chairman Gonzalez: 1 do but, I want to defer. Chairman Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Josefina Sanchez-Pando. I think she needs a waiver for -- for what? Priscilla A. Thompson (City Clerk): Terms and absences, so the terms would be a five -five vote and the absence has to be four -fifths. Commissioner Regalado: OK. Chairman Sanchez: All right, there's a motion, along with a waiver. All in favor, say "aye." City of Miami Page 140 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Is there another appointment? Commissioner Regalado: Allyson Warren. She's a reappointment. Chairman Sanchez: All right, there's a motion. Does she need a waiver? Commissioner Regalado: No. Commissioner Winton: Second. Chairman Sanchez: Motion by Commissioner Regalado, second by Commissioner Winton. 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. Anybody else? Jorge L. Fernandez (City Attorney): Yes. There -- Commissioner Winton: Yes. 1-- Mr. Fernandez: I'm sorry. There is an item that we have prepared, a resolution with regard -- Chairman Sanchez: Well, those are pocket items. We'll get to them. Mr. Fernandez: Oh, I'm sorry. Commissioner Winton: Yes. Chairman Sanchez: We're talking about -- Mr. Fernandez: OK. Commissioner Winton: We're doing board appointments. Chairman Sanchez: -- appointments. Any appointments? Commissioner Winton: I want to reappoint both of my appointments -- Chairman Sanchez: All right. Commissioner -- Commissioner Winton: -- appointees. Chairman Sanchez: -- Winton wants to reappoint both of his appointments, so it's a reappointment. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Any discussion on the item? Hearing none, all in favor, say "aye." Ciry of Miami Page 141 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. 1 believe that's it. BC.2 05-01216 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Teresa Zorrilla-Clark Commissioner Sanchez Helena del Monte Commissioner Sanchez 05-01216 memo.pdf 05-1216 members.pdf 05-01216 nominations.pdf DEFERRED Chairman Sanchez: 1 believe that's it. We go to BC.2. I'll defer mine. Commissioner Winton: Yeah, I'm deferring mine. Chairman Sanchez: All right. That takes care of that. City of Miami Page 1-12 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 DISCUSSION ITEMS DI.1 05-00927 DISCUSSION ITEM Office of Strategic DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Planning, OUTLOOK. Budgeting, and Performance / Department of Finance 05-00927 Summary Form.pdf DEFERRED Chairman Sanchez: We go to discussion on -- concerning financing update and budget outlook. That's going to be deferred to the next Commission meeting? Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes, sir. City of Miami Page 143 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 NA.1 05-01391 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL COMMISSION MEETING ON DECEMBER 1, 2005 AT CITY HALL FOR THE PURPOSE CONSIDERING THE FOLLOWING : (1) A RESOLUTION OFFICIALLY ACCEPTING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI RUNOFF ELECTION HELD ON NOVEMBER 29, 2005, FOR THE ELECTION OF COMMISSIONER DISTRICT 5; (2) A RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO SHORELINE FOUNDATION INC., FOR THE PURCHASE AND INSTALLATION OF 49,538 SQUARE FEET OF HIGH QUALITY FIBERGLASS DECKING, WHICH WILL REPLACE THE EXISTING CUSTOM IPE HARDWOOD, OF WHICH APPROXIMATELY 55% WAS DAMAGED OR LOST AS A RESULT OF HURRICANE WILMA, IN AN AMOUNT NOT TO EXCEED $1,129,466.40; AND (3) THE PLANNING AND ZONING AGENDA ITEMS PREVIOUSLY SCHEDULED FOR NOVEMBER 17, 2005. Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0696 Chairman Sanchez: All right. Well go ahead and go into the personal appearances, but before we do that, it is after 10 o'clock, where PZ (planning and zoning) items have been properly advertised, and basically, what we need to do for the record, so everyone knows, all PZ items will be continued to December 1, and we do need a motion for that, so is there a motion to continue all PZ items, after properly being advertised after 10 o'clock a.m., to December I? And that is correct. We haven't even made a motion to schedule a meeting for December 1 for PZ, so by -- Commissioner Regalado: I'll move to schedule -- Chairman Sanchez: -- the order -- Commissioner Regalado: -- a meeting solely for the purpose of PZ item on December -- on Thursday, December 1, starting at 10 a.m. Chairman Sanchez: That is fine. There's a motion by Commissioner Regalado to schedule the -- Commissioner Allen: Second. Chairman Sanchez: -- PZ item at 10 a.m., December 1. It is second by Commissioner Allen. 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, so we've scheduled a meeting for PZ December 1 at 10 a.m. [Later.] City of Miami Page 144 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: (INAUDIBLE) back in order. I hope you enjoyed your recess and your lunch. We're back. The first item this afternoon is FR.3, which is an ordinance on first reading dealing with the City of Miami impact fees. We do have a small -- we do have a presentation that will be given to us, and then we'll have the public hearing opened to all those that want to speak on the item, but before we do that, we do have some house cleaning. My understanding, for December 1, we will have the PZ (Planning & Zoning) agenda, plus two items that'll be on that agenda; one was the item that was deferred to -- Commissioner Winton: The dock, yep. Chairman Sanchez: -- December 1, with the dock -- Commissioner Winton: Right. Chairman Sanchez: -- repairs -- Priscilla A. Thompson (City Clerk): PH 5. Chairman Sanchez: -- and the other one is PH.5 -- Ms. Thompson: That was -- Chairman Sanchez: -- correct? Ms. Thompson: Yes. Chairman Sanchez: And the other one are to validate the results of the runoff correct? Ms. Thompson: Correct. Chairman Sanchez: All right, so those are the two items that'll be on the December 1 agenda, so we've cleared that. We're all on the same sheet of music. NA.2 05-01385 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ADMINISTRATION OF THE CITY OF MIAMI ("CITY") TO ENFORCE ALL CITY CODES AND ANY OTHER ZONING AND RELEVANT LAWS RELATED TO THE PROPOSED USE OF AN ABANDONED OFFICE BUILDING AT 2929 NORTHWEST 17TH STREET, MIAMI, FLORIDA, OR OF ANY OTHER INADEQUATE OR IMPROPERLY ZONED FACILITY IN THE CITY OF MIAMI, AS A HOUSING SHELTER FOR TEMPORARY HOUSING OF RESIDENTS DISPLACED BY HURRICANE WILMA; FURTHER DIRECTING THAT THIS RESOLUTION BE TRANSMITTED FORTHWITH TO MIAMI-DADE COUNTY TO EXPRESS THE STRONG OBJECTION OF THE CITY TO THE USE OF 2929 NORTHWEST 17TH STREET, MIAMI, FLORIDA, OR OTHER FACILITIES IN RESIDENTIAL AREAS BECAUSE THE PROPOSED USES VIOLATE THE CITY'S ZONING REGULATIONS AND IMPACT LIFE, HEALTH AND SAFETY ISSUES. 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-05-0693 City of Miami Page I.15 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: And we go on to Commissioner -- Vice Chairman Gonzalez. Do you have any items on your blue pages? Vice Chairman Gonzalez: No, sir, I don't -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- but, if you allow me -- Chairman Sanchez: Absolutely. Vice Chairman Gonzalez: --1 don't have anything on my pages, but 1 had a communication that I received this morning, and this is something new, and it's very important to my district. The County -- Miami -Dade County is proposing to open a shelter tomorrow in my district, in a residential area, in an R-1 zone in Grapeland Heights. Commissioner Winton: You're kidding. Chairman Sanchez: You're kidding. Vice Chairman Gonzalez: 1 don't know, Linda, have you heard about this? Mr. City -- Madam City Manager. Linda Haskins (Deputy City Manager/Chief Financial Officer): This is the County property that they're rehabilitating for the -- Vice Chairman Gonzalez: Well -- Ms. Haskins: I found out about it yesterday at about 10 o'clock last night when I read the e-mail (electronic mail). Commissioner Winton: It's outrageous. Vice Chairman Gonzalez: I know it's the County property, but the County has a lot of properties. The County has properties in Homestead. The County has property in Opa-Locka. The County has properties in many places, OK, and before considering -- and let me tell you, I'm going to tell you even more. The County has hundreds of apartments under the Miami -Dade Housing Agency that are vacant, that are ready to be occupied by people. They've been holding these units, I don't know why. We have talked about it many times here. With the need that we have for affordable housing in this County, not only in the City, but in this County, it's really criminal to see that the County is holding so many empty apartments ready to be occupied by needy people, OK. Commissioner Allen: Right. Vice Chairman Gonzalez: Now, this is a County property, in fact, but it is an office building, and 1 wonder how many bathrooms do they have in that facility. I wonder if what they're trying to do is to build a refugee camp in a residential zone, OK. Commissioner Winton: That's terrible. Vice Chairman Gonzalez: To begin with, let me tell you, they're going to put these people there to live without any dignity, without any type of human quality of life, OK. They're going to be dumping these people there. They're probably going to have maybe 100 portables on the patio, OK, and my neighborhood is going to be surrounded by this type of environment, aside from City of Miami Page /46 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 being the right type of thing to do with people that are refugees at this time. I mean, we -- they need to provide these people a quality of life. They need to put them in a place where they have dignity and live like decent people, like human beings, not like animals. You know what we're going to have there? The same thing that we had in New Orleans, in the stadium, OK, because when these people see that they don't have enough bathrooms there, that they don't have accessibility to services, and they don't have proper security, my neighborhood is going to be in uproars, OK, and we're going to have a real serious bad confrontation in the City of Miami due to the lack of sensitivity of Miami -Dade County government, Miami -Dade County Manager, and the Miami -Dade County team, OK, so I need you to get ahold of Miami -Dade County right now, OK 1 already heard that my neighborhood is calling Commissioner Bruno Barreiro, is calling Commissioner -- Commissioner Regalado: Carlos Gimenez. Vice Chairman Gonzalez: -- Carlos Gimenez, all right, and the neighborhood is in uproar. Pretty soon, we're going to have hundreds of residents out there demonstrating, calling the press, and you know, once again, the City of Miami is going to blamed for the actions -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- of Miami -Dade County, and that is not fair -- Commissioner Allen: Exactly. Vice Chairman Gonzalez: -- and I told the Mayor, and I tell the Manager of the County, and 1 tell the Commissioners in Dade County, this is not fair. This is not the proper, right way to treat people that have lost their homes. Commissioner Allen: Right. Vice Chairman Gonzalez: Thank you. Commissioner Allen: Mr. Chairman, Mr. Chairman. Commissioner Regalado: If I may, Mr. Chairman. Commissioner Allen: Yeah. I'm sorry. Chairman Sanchez: Commissioner Regalado, then Commissioner Allen. Commissioner Allen: Yes, sir. Commissioner Regalado: Look, if I have a building that is zoned office, and if I bring all my relative, would the City of Miami let me do that? Commissioner Winton: No. Ms. Haskins: No, no, sir. Commissioner Regalado: Would the City of Miami send a Code Enforcement inspector and cite me and/or even condemn the building? Ms. Haskins: Yes. I mean, the -- Dade County, in order to do this, would have to come to this Commission for a Class II Permit -- City of Miami Page 147 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: Right. Ms. Haskins: -- and we will communicate to them that this is not something that -- Commissioner Regalado: Yeah, but that's not the point. Ms. Haskins: -- would be entertained. Commissioner Allen: Right. Commissioner Regalado: The point is that they didn't -- the point is -- Ms. Haskins: You don't put -- Commissioner Regalado: -- that an entity, a governmental entity should know better than to plan and create this situation in a residential neighborhood, even before this item to come -- to -- for a permit. 1 mean, you know, it's like if we decided to -- if I decided or the City decided to place a restaurant in the middle of 19th Street and Southwest; even if that is the City, that is wrong, so I don't -- I really don't understand what is going on because the damage has already been done. I mean, are we going to send an inspector there and say there's no way that you can do this? Ms. Haskins: We will communicate with the County. Commissioner Allen: Right. Mr. Chairman, I was just going to weigh in. Of course, 1 have the utmost respect for my fellow Commissioner, Commissioner Gonzalez. 1 share -- I guess my question is both to the City Manager and our City Attorney. What can we do at this juncture preemptively, and perhaps set a standard whereby we do understand the County has to get approval with respect to a Class II Special Permit, but is there anything at this juncture right now that we can do preemptively? Jorge L. Fernandez (City Attorney): From a legal perspective, it is premature to consider a course of action because when it becomes a legal issue, if they fail to heed the, you know, concerns expressed by this Commission, then our only recourse would be to court, on some sort of -- Commissioner Allen: Injunctive -- Mr. Fernandez: -- injunctive -- Commissioner Winton: Injunction. Commissioner Allen: -- relief. Mr. Fernandez: -- relief or something like that, which again, is -- takes a good period of time. Commissioner Allen: Right, but administratively, I think, Ms. Haskins, you have weighed in, so is there anything preemptively we can do from an administrative perspective? Ms. Haskins: I think the preemption is telling the County that this is not acceptable to the City, and they cannot do this without a permit, and the permit would not be forthcoming from the City. Commissioner Allen: Can we pass, as a full body, some sort of directive and/or resolution -- Commissioner Winton: Sure -- City of Miami Page 148 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: -- that will protect -- ? Commissioner Winton: -- and we should. We should pass -- Ms. Haskins: That would help -- Commissioner Winton: -- a resolution this morning. Ms. Haskins: -- if you would -- Commissioner Allen: And I think I'll make a motion -- I think I can pretty much -- I'll let Commissioner Gonzalez phrase the motion, but of course, we know the intent and objective of -- Vice Chairman Gonzalez: No, you're welcome to introduce the motion. Commissioner Allen: Well, perhaps, 1-- let me turn to City -- Ms. Haskins: The resolution would be that it is the sense of the Commission they would not issue a Class 1I Permit for the County to place -- Commissioner Allen: Any County -owned property without -- Ms. Haskins: -- to use shelters -- Commissioner Allen: Shelters. Ms. Haskins: -- that are in -- that are not zoned residential. Commissioner Allen: Right, zone -- and that is not -- based on that resolution, it is not discriminatory in any fashion, it is just a procedure, administrative procedure that the County would have to follow before they even consider County -owned property inside the City limits, so to that end, I will second that motion, or I move to -- Chairman Sanchez: All right, which is fine, but why don't we do something? Why don't we let the City Attorney crafi a resolution, and once he gets it done, he'll bring it back, and well vote on that? Mr. Fernandez: Correct. Chairman Sanchez: Are you comfortable with that? Mr. Fernandez: Yes. Chairman Sanchez: All right. [Later..] Chairman Sanchez: OK. Let's go into pocket items. Commissioner -- before we do that, before we go to pocket item, Commissioner -- Vice Chairman Gonzalez had requested Legal to draft a resolution pertaining to the County using an abandoned office building for temporary housing for the Hurricane Wilma victims. I believe the resolution is ready. Are you prepared to read it? Jorge L. Fernandez (City Attorney): Yes. Very quickly. City of Miami Page 149 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 The Resolution was read by title into the public record by the City Attorney. Commissioner Winton: All right. Mr. Fernandez: That's broad and comprehensive enough. Vice Chairman Gonzalez: I'll move it. Chairman Sanchez: All right. Commissioner Winton: Second Chairman Sanchez: There's a -- Commissioner Allen: Second. Chairman Sanchez: -- motion by Vice Chairman Gonzalez, second by Commissioner Winton. 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." The resolution is adopted. Vice Chairman Gonzalez: Thank you, Mr. City Attorney, and if you allow me, I would like to add something to this, so you know -- so all of you know what's going on. I received a call from the Allapattah NET (Neighborhood Enhancement Team) administrator telling me that he received a call from Team Metro telling him that they want him to go out in the neighborhood in the street with some flyers telling the people what this shelter is all about and how good it's going to be for the community, and so on, and so on, and so on, and my question to him was, who do you work for? Do you work for the County or do you work for the City? No, I work for the City. Did you get this order by the City Manager or by the NET director? No, 1 didn't, so you should call back the County and tell the County that no, you're not going to distribute any flyers, so right away I talked to the City Manager. I talked to Mr. David Rosemond, interim director of. the NET Office, and instructed him to please -- or ask him, not instructed, asked him to please send an e-mail to each and every NET administrator advising them of what the County is manipulating, what the County is trying to do with City employees and City Staff -- Commissioner Winton: Amazing to me. Vice Chairman Gonzalez: -- so it is ridiculous. I mean, the County is going completely out of whack. Commissioner Winton: What do you mean, "going?" Vice Chairman Gonzalez: Yeah. Commissioner Allen: That's good. Set up a great ordinance. Commissioner Winton: Are we done? Commissioner Allen: Resolution, 1 mean. Chairman Sanchez: No, no, we're not done. City of Miami Page 150 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Oh, OK. Chairman Sanchez: We've got some pocket items. Vice Chairman Gonzalez: No. We got some pocket items. NA.3 05-01394 DISCUSSION ITEM COMMENTS BY COMMISSIONER ALLEN THANKING COMMISSION FOR THE OPPORTUNITY TO SERVE THE CONSTITUENTS OF DISTRICT 5 AND THANKING HIS STAFF FOR THEIR WORK. DISCUSSED Commissioner Allen: Yes, Mr. Chairman, it's not particularly any items, but I think it's appropriate that 1 take an opportunity, maybe a minute or two, and just indulge my Commissioners and let you guys know that I want to thank my fellow Commissioners for appointing me to fill the vacancy of the late Arthur Teele, and providing an opportunity to serve my community of District 5. I'm pleased that 1 was able to initiate certain projects that will bring economic development and affordable housing to the district, and I must say I'm also particularly pleased that I was able to put into place the Edison Marketplace Plaza. Now, District 5 will have a new retail establishment with offices, space for professionals, and with anchor supermarkets and various retail boutiques. I'm also pleased that I was able to fully negotiate and effectuate the Crosswinds project and get it off the ground, and to make sure Model Cities Trust maintained its ability to create affordable housing in my district. I'm also equally as pleased that I was able to break ground on the Little Haiti Park project, and to help it get beyond its design phase, and now moving into the construction phase of it, so I'll just end by simply saying this: To whomever succeeds me in this seat, that I would make sure and offer the respective advice that whoever takes this seat must firstly acknowledge and embrace the rich ethnic culture diversity in my district, and also, they need to note that there will be times where you'll be required to make very, very difficult decisions, which will alienate a few, but you have to look at it in the best interest of the entire district overall, and most importantly, make sure you protect the district, as well as be open and be balanced to understand that one has to be open to redevelopment proposals and be willing to make changes and not accept the status quo in our district. We definitely must move forward, and lastly, I would be remiss if I didn't take the opportunity, in closing, to thank my wonderful staff, Brenda Lee, Pat Anderson, Koteles Alexander, and Neil Shiver. My vision for the community was to bring about prosperity, and I hope my fellow Commissioners make sure that that continues, and believe me, you guys, you haven't had -- heard the last of me, so this isn't a swan song, if you will, so 1 want to thank my fellow Commissioners again. Thank you. Chairman Sanchez: God bless you. Well, 1 want to take the opportunity, Commissioner Allen, to praise you for accepting the challenge when we -- when I, at least, gave you the vote of confidence to represent your district. I think you spoke very eloquently, and I think you've served your community very well, through the process of democracy, and that's the beauty of it, they will have a run-off, and they'll decide who they want to be represented -- Commissioner Allen: That's correct. Chairman Sanchez: -- but 1'1l tell you this much, it's been an honor to serve with you. I consider you a gentleman, and I know, at times, things get pretty hot up here, and 1 know that you've always done what it was -- think is right for your community, so I want to take this opportunity that it's been a pleasure to work with you, and I certainly wish you the best in your career -- in your law career. God bless you. Commissioner Allen: Thank you. City of Miami Page 151 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 NA.4 05-01399 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM THE "PARADISE IN THE PARK" EVENT TO BE HELD ON DECEMBER 3, 2005, ON BISCAYNE BOULEVARD AND 32ND STREET, MIAMI, FLORIDA, WITH THE LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. 05-01399 Signature Submittal.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0702 Chairman Sanchez: Any other item that we could take up? Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: I have a quick noise waiver. Chairman Sanchez: Is that a pocket item? Commissioner Winton: Is it? Is it a pocket item? 1 guess so. Chairman Sanchez: If it's a pocket item, let's do it at the end. Commissioner Winton: OK. Chairman Sanchez: Let's not -- All right. Madam Clerk, any other items that we could take up now that we -- Jorge L. Fernandez (City Attorney): PH.1, Mr. Chairman. Chairman Sanchez: I'm sorry? Commissioner Winton: Excuse me. Mr. Fernandez: PH. I, you haven't addressed. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: The reason that I wanted to do this one now is because the young lady representing the film company is here in the audience, and so, you know, we're going to take a break and she's going to have to come back again. Chairman Sanchez: Sir, you're recognized for that. City of Miami Page 152 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Winton: Thank you for your indulgence. I appreciate that, sir. We have a noise ordinance waiver. It's part of a -- why don't you put your name and address on the record, and tell us what -- ? Jill Clark: Hello. I'm Jill Clark. I represent Paradise Development, and we are sponsoring -- we're proposing to sponsor an event called Paradise in the Park, on a vacant lot on Biscayne and 32nd. It'll sort of be an outdoor movie theater with concessions, concurring with the Basel Fair. It's an event to provide a cultural outreach, bridging the Edgewood [sic] community with the Wynwood arts district. They have agreed to include us in the shuttle stop that will run through the Basel Fair, and it's a movie program, art films, and videos, and we're proposing that, on Saturday, December 3, we would be able to show a late -- two films, one at 10 and one at 12, so we're asking for a noise variance until 1:30, and I've actually canvassed the neighborhood and have a petition and some resolution signed by abutting property owners. Commissioner Winton: So moved. Chairman Sanchez: All right. Could you do me a favor? There's a motion on the floor. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Could you give that to the City Clerk - Ms. Clark: Absolutely. Chairman Sanchez: -- for the record? All right. Any -- Commissioner Winton: Thank you, Chairman Sanchez: -- discussion on the item? If not, all in favor, say "aye.' The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. NA.5 05-01393 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY"), AS AMENDED, TO ALLOW FREDERICA P. BURDEN, PRESIDENT OF KIDDIE KOP CHILD CARE, INC. ("FACILITY"), TO ENTER INTO A LOAN AGREEMENT WITH THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR ECONOMIC DEVELOPMENT ACTIVITIES THAT INCLUDES ADDING THREE CLASSROOMS TO THE FACILITY'S EXISTING BUILDING LOCATED AT 231 NORTHWEST 52 STREET, MIAMI, FLORIDA AND CREATES A MINIMUM OF THREE JOBS FOR AREA RESIDENTS. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 153 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 R-05-0697 Chairman Sanchez: Pocket items. Commissioner Allen. Commissioner Allen: Yes, sir, Mr. Chairman. I have two quick pocket items. One, I believe the Madam is here. Let me just give a quick background. Ms. Frederica Burden has a wonderful child care facility in my district, in the Little Haiti area. The facility has attracted positive attention from the Mayor, Commissioner Gonzalez, as well, and Barbara Rodriguez. Because of the positive impacts that this facility has had on our community, 1 would like to see her funded so that she can meet the addition demand of the community for her services. Vice Chairman Gonzalez: Second. Commissioner Allen: We're raising a loan, so to that end, I have here -- Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa. There's a motion and a second already -- Commissioner Allen: Yeah, but -- Chairman Sanchez: -- so -- Commissioner Allen: -- to that end, I have here, we have to, if you will, provide a waiver of conflict of interest for the Kiddie Cop, which is the name of the organization that does a terrific lob here, and I believe she's here -- Chairman Sanchez: So, we're waiving a conflict of interest? Commissioner Allen: Waiving a conflict of interest, right. Madam Burden is a police officer -- Chairman Sanchez: Oh. Commissioner Allen: -- and if I'm not mistaken, this has already been explained administratively within your department, and now you're coming to the full Commission. You need a waiver to continue with this good deed in providing the child care services in the district, correct? Yes -- Chairman Sanchez: All right. Commissioner Allen: -- and so that's -- Vice Chairman Gonzalez: Let me add that 1 had the privilege to go to the center and let me tell you, they're running a tremendous operation there. They're doing -- Commissioner Winton: Second the motion. Vice Chairman Gonzalez: -- a great service to the community, so -- Chairman Sanchez: All right. Mr. City Attorney. Commissioner Allen: City Attorney. Jorge L. Fernandez (City Attorney): Yeah. We need to -- in order to establish the rationale for the waiver, we need to establish those reasons on the record. It's certainly something that's within the purview of this Commission to do, given that the individual is a City employee and, at the same time, is doing business with the City as it were, and so that requires that type of -- City of Miami Page 154 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: Finding. Mr. Fernandez: -- finding -- Commissioner Allen: Finding of fact. Mr. Fernandez: -- on the record -- Commissioner Allen: Yes. Mr. Fernandez: -- for you to fully consider it, and then waive it knowingly. Chairman Sanchez: All right, so could we state that for the record, so we're able to just our -- Commissioner Allen: Right. Chairman Sanchez: -- support of a conflict of interest, which is -- Barbara Gomez -Rodriguez (Director, Community Development): OK. Chairman Sanchez: -- it's in our heart to do. Unidentified Speaker: Right. Chairman Sanchez: Barbara. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. Frederica Burden is the president of Kiddie Cop Child Care, Inc., and this is basically to allow her to enter into a contract under economic development activities with Community Development dollars, so she has applied for a loan under Community Development, and she needs the waiver in order for us to continue with the loan. Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Ma'am, just state your name and address for the record, and a "thank you" is simple enough. Frederica Burden: Name is Frederica Burden. The address is 231 Northwest 52nd Street, Miami, Florida, and I thank you very much. Chairman Sanchez: You're welcome. Thank you so much. NA.6 05-01388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5000, TO THE EMBRACE GIRL POWER! PROGRAM; ALLOCATING FUNDS FROM THE DISTRICT 5 ROLLOVER ACCOUNT CODE NO. 001000.920922.6.930. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0694 City of Miami Page 155 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, to direct the Administration to come back with funding recommendations at the December 1, 2005 special Commission meeting to fund Embrace Girl Power! up to $50, 000. Chairman Sanchez: Right, and two quick last ones, Mr. Chairman. This is a resolution of the Miami City Commissioner -- Commission, rather, authorizing the allocation of funds in an amount not to exceed $5, 000 to Embrace Girl Power, allocating funds from District 5 rollover account. Again, this is another project that helps the youngsters in my district relative to the area -- Chairman Sanchez: All right. Commissioner Allen: -- so I ask -- Chairman Sanchez: There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Motion is made -- Vice Chairman Gonzalez: I second it. Chairman Sanchez: -- by Commissioner Allen, 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. Commissioner Allen: And lastly, Mr. Chairman, I would like to direct Community Development director, Madam Rodriguez, to see if she can fund Embrace Girl Power up to $50, 000, and perhaps come back with a recommendation for December 1 Commission meeting. I've discussed this with Madam Rodriguez. Chairman Sanchez: All right. Commissioner Allen: OK. Vice Chairman Gonzalez.: All right. Commissioner Allen: Thank you. Commissioner Regalado: OK. Do we have a -- is that a motion? Commissioner Allen: Do I need to put it in the form of a motion? It's a directive to the Community Development. Vice Chairman Gonzalez: It's an instruction. Commissioner Allen: It's just a directive. Commissioner Regalado: But does it -- is that falls under the 30-day -- ? Commissioner Allen: Oh, yes. OK, that's right, so Madam Rodriguez has to put something on City of Miami Page 156 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 the record relative to that. Barbara Gomez -Rodriguez (Director, Department of Community Development): His direction is for me to find funds and bring it back to the City Commission, the money that I had found at the next Commission Meeting. Regardless of that, there will be a 30-day comment period that will be needed once that happens, yes. Commissioner Allen: Right. Commissioner Regalado: But we can approve it? Ms. Gomez -Rodriguez: You can approve directing me to find the dollars, and we'll see what happens. Commissioner Regalado: And then the comment -- Ms. Gomez -Rodriguez: And then we'll see when I come back at the City Commission. Commissioner Allen.: Yes. Thank you. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: There's a motion and a second. Any discussion on the item? Not. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen: Thank you, Mr. Chairman. NA.7 05-01378 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE THREE ROUND TOWERS RESIDENT ASSOCIATION, INC.; ALLOCATING FUNDS FROM THE DISTRICT 1 ROLLOVER ACCOUNT NO. 001000.920921.6.930. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0695 Chairman Sanchez: All right. Vice Chairman Gonzalez. Vice Chairman Gonzalez: Yes, Mr. Chairman. I have three pocket items. One's allocation from Commissioner Gonzalez rollover account of $5,000 for the Three Round Towers Resident Association, Inc. Chairman Sanchez: All right. Commissioner Allen: I move the item. City of Miami Page 157 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: There's a motion. Commissioner Regalado: Move -- second. Chairman Sanchez: Second by Commissioner Allen. 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. NA.8 05-01379 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO FLORIDA VENTURE FOUNDATION, INC.; ALLOCATING FUNDS FROM THE DISTRICT 1 ROLLOVER ACCOUNT NO. 001000.920921.6.930. 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-05-0699 Vice Chairman Gonzalez: The other one is allocation from Commissioner Gonzalez rollover account of $5,000 for Florida Venture Foundation, Incorporated, a Florida non -for -profit. Commissioner Allen: I move the item -- Commissioner Regalado: Second. Chairman Sanchez: All right. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: There's a motion and second by Commissioner Allen and 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 -- Vice Chairman Gonzalez: And the last one -- Chairman Sanchez: -- right, say "nay." Motion carries. NA.9 05-01395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE COMMERCIAL FAQADE PROGRAM POLICIES BEGINNING OCTOBER 1, 2004, TO INCLUDE THE LANGUAGE: "THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT HAS THE AUTHORITY, ON A CASE -BY -CASE BASIS, TO WAIVE THE FOUR (4) YEAR PERIOD REQUIREMENT BETWEEN TREATMENTS OF THE SAME TYPE, IN THE CASE OF A NATURAL DISASTER." City of Miami Page 158 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0698 Vice Chairman Gonzalez: The last one, it has to do with the two hurricanes that we experience in the City of Miami, and it's amending the Commercial Facade Program policies, beginning October 1, 2004, to include the City of Miami Department of Community Development has the authority on a case -by -case basis to waive the four-year period requirement between treatment of the same type in the case of a national disasters. What has happened is that we had an enormous amount of businesses that they just had their awnings installed, and their signage down, and the hurricane come over and blew it away, so I think that is -- it's appropriate that we ask for a waiver from Community -- this is within the purview of Community Development. It doesn't have to be approved by US HUD (United States Department of Urban Development) or anything like that. Commissioner Allen: Great. Vice Chairman Gonzalez: It's up to the director of Community Development to -- Commissioner Regalado: I'll second the motion, but let me tell you. Commissioner Allen: 1 move -- Commissioner Regalado: Miami -Dade County is a disaster area by federal standards, so HUD cannot claim any -- Barbara Gomez -Rodriguez (Director, Community Development): No. We're just -- what he's requesting is that 1 amend my plan -- Commissioner Regalado: No. 1 understand that. Ms. Gomez -Rodriguez: -- to include that. Commissioner Regalado: 1 understand -- Ms. Gomez -Rodriguez: Yeah. Commissioner Regalado: -- but there is --1 don't think there's going to be a problem with HUD because we are -- Ms. Gomez -Rodriguez: I don't think so, either. Commissioner Regalado: -- we have even 120-day period of disaster recovery. Ms. Gomez -Rodriguez: No, no. Vice Chairman Gonzalez: So that's my motion. Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 159 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. I'll go ahead and be last. Commissioner Regalado, do you have any pocket items? Commissioner Regalado: No, sir. Chairman Sanchez: Commissioner Winton, do you have any pocket items? Commissioner Winton: No -- well, no. Chairman Sanchez: Why don't you just go ahead and do the CRA (Community Redevelopment Agency) Now? Commissioner Winton: OK. Chairman Sanchez: All right. No, let's not confuse it. Let's finish -- Commissioner Winton: Yeah. Chairman Sanchez: -- it and then we'll turn it over to the CRA. You know, Madam Clerk, I'm always trying to make your life much, much simpler. Commissioner Winton: Confusing is fun. Priscilla A. Thompson (City Clerk): I appreciate that. Chairman Sanchez: Huh? Ms. Thompson: I appreciate that. NA.10 05-01384 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $132,935.95, FOR A ONE-YEAR PERIOD, TO THE MIAMI DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING SAID FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT, ACCOUNT CODE NO. 142023.290546.6.270 AND THE POLICE GENERAL OPERATING FUND, ACCOUNT NO. 001000.290201.6.340. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0692 Chairman Sanchez: All right. I do have -- I have two pocket items. One is a pocket item for the Miami Police Department. Steve, could you just come up? Vice Chairman Gonzalez: And 1 think there is a mistake in that resolution. They're talking about -- it's $132,000 -- Chairman Sanchez: Yes. Vice Chairman Gonzalez: -- or 13,000? City of Miami Page 160 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Major Steven Caceres: 132, 000. Commissioner Allen: Yeah, for a one-year period. Chairman Sanchez: $132,935.95. Commissioner Allen: Yeah. Let me ask you, has this been quantified? I mean, how many officers or -- Major Caceres: This is -- Commissioner Allen: -- what's -- ? Commissioner Winton: What is this? Major Caceres: Major Caceres, City of Miami Police Department. This is -- every year we pay a portion through the Miami Dade County Association of Chief of Police and the State Attorney's Office, all the police departments, they pay a portion for Miami -Dade State Attorney to run the Court Overtime Standby program -- Commissioner Allen: Correct. Major Caceres: -- and basically, it's a group that monitors and makes sure that if a case is not going, the officer doesn't show up to court; that the officer's put on standby, and throughout the years, this has reduced tremendously the overtime cost to the Police Department, so -- Commissioner Winton: So -- Major Caceres: -- we're just paying -- we're paying our portion to make sure that the court by [sic] program is staffed to -- Commissioner Winton: Why are we doing this as a pocket item? Commissioner Allen: Pocket item. Major Caceres: Because the -- we're using a block grant and it expires December 7, and if we don't use it before December 7, we're done. Unfortunately, the money was allocated. We can't use it for the programs that we had allocated, so this is a -- the second program that's going to be allocated through the block grant. Commissioner Winton: There is a good reason that you put on the record. Thank you. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Commissioner Allen: That's it. Thanks. Chairman Sanchez: All right. Vice Chairman Gonzalez: Yes, Mr. Chairman. Chairman Sanchez: Are you satisfied -- Commissioner Allen: So, do we have to -- City of Miami Page 161 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Chairman Sanchez: -- with the response? OK. Here's the pocket item. It's a resolution of the City of Miami Commission authorizing the allocation of funds in the amount not to exceed $132, 935.95 for a one-year period to Miami Dade Association of Chiefs of Police, County Court Overtime Reduction Standby program, allocation said funds from the local law enforcement block grant, account number 142023.290546.6.270, and the police general operating fund account number 00100029021 -- 201.6.340. Is there a motion? Vice Chairman Gonzalez: Second Commissioner Allen: I'll make a -- Chairman Sanchez: 1 can't make -- Commissioner Allen: -- I'!1 make a mot -- Chairman Sanchez: -- the motion. Vice Chairman Gonzalez:: OK. I move. Chairman Sanchez: I'm the Chair. Commissioner Allen: I make a motion -- Chairman Sanchez: Motion is made by -- Commissioner Allen: -- we move the item. Chairman Sanchez: Commissioner Allen, second by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Vice Chairman Gonzalez. 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." NA.11 05-01396 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $2,000,000, FROM THE AFFORDABLE HOUSING TRUST FUND; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, TO PROVIDE RELOCATION AND/OR HOUSING REPAIR ASSISTANCE FOR CITY OF MIAMI RESIDENTS WHOSE HOUSING WAS IMPACTED BY HURRICANE WILMA. 05-01396 assistance report.pdf Motion by Chairman Sanchez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton City of Miami Page 162 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 R-05-0700 Direction to the Administration by Commissioner Regalado to communicate to the Building Department to stop all Code Enforcement actions against Coral Garden Condominium, located at Southwest 34th Avenue and 10th Street until the residents resolve current financial problems in their effort to repair damaged roof Chairman Sanchez: And I pass the gavel over to the Vice Chair. I do have a pocket item from the administration. Vice Chairman Gonzalez: You are recognized. Chairman Sanchez: This pocket item is transfer of $2 million to the Community Development, and basically, the purpose of this item is authorizing the transfer of funds in the amount not to exceed two million for the -- from the Affordable Housing Trust Fund, allocating said funds to the City of Miami Department of Community Development to provide relocation and/or housing repair assistance for City of Miami residents whose housing was impacted by Hurricane Wilma. There's a motion. Commissioner Allen: I'll second it quickly for a discussion. Quick -- Chairman Sanchez: Discuss -- Commissioner Allen: -- discussion. Vice Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Allen: Yes, quickly. Madam Rodriguez, as you know, you can imagine, once this is disseminated out to the public, people will come in fighting for this. Do I quali6)? Who decides who qualifies, and on and on and on. Have guidelines been established so that we don't run into this potential war? Barbara Gomez -Rodriguez (Director, Department of Community Development): The guidelines have been established. Commissioner Allen: OK. Ms. Gomez -Rodriguez: It's being handled by the NET (Neighborhood Enhancement Team) office. There is circulation going around. There are two types of assistance; the first one is for renters. If you were a renter and one of the building was consider that it was condemned by the City of Miami, you need to bring proof that your building was condemned and that you lived in that building. Relocation assistance will consist of a security deposit. You've got to bring us a lease, and a relocation assistant based on bedroom size, in order to help you with any moving expense, changing of the phone, the like. If you're a homeowner, what we're saying is that we will give you up to $15, 000. It a mortgage to the property. If you live the property for 10 years, after 10 years, we will forgive the debt. We will give priority to our retirees -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- and fixed income individuals. You have to own your home and you have to be current in your taxes. Commissioner Allen: Let me ask you, quickly, with respect to that, because you said something very operative. Does that mean they have particular homeowner, do they first must exercise their right with their insurance company or -- ? City of Miami Page 163 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Gomez -Rodriguez: That's correct. Commissioner Allen: They have to do that first -- Ms. Gomez -Rodriguez: They have to. Commissioner Allen: -- before they can come for relief -- Ms. Gomez -Rodriguez: They have to. Commissioner Allen: -- from the City. Chairman Sanchez: Well, let me -- Ms. Gomez -Rodriguez: This is -- Chairman Sanchez: -- just elaborate on that, and I'll tell you -- and I'm sure each of you have experienced it. With the rising cost of insurance -- Ms. Gomez -Rodriguez: Right. Commissioner Allen: Um -hum. Chairman Sanchez: -- people that are retired -- Ms. Gomez -Rodriguez: Will not. Chairman Sanchez: -- are not renewing their insurance -- Commissioner Allen: That's true. Chairman Sanchez: -- OK, because they -- Ms. Gomez -Rodriguez: Right. Chairman Sanchez: -- can simply not afford -- Commissioner Allen: Afford it. Chairman Sanchez: -- to pay the insurance, so this assistance will help those individuals who do not have insurance. They're either going through the FEMA (Federal Emergency Management Agency) process, which is a lengthy process, or they could utilize this process. Utilizing the entire process -- and Barbara's doing a great job of explaining it -- it's not just going somewhere and picking up -- you know, getting money. There is a format and a application process that exist, but I guarantee you, with the needs that we're experiencing in our community -- Commissioner Allen: I agree. Chairman Sanchez: -- they are better off going to our Community Development than going to the FEMA assistance -- Commissioner Allen: 1 agree. Chairman Sanchez: -- and these $2 million are going directly towards that assistance to those City of Miami Page 164 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 people that have suffered because of Hurricane Wilma. Commissioner Allen: Right, and to that end, if I might add. 1-- frankly, I don't think $2 million is enough to -- Ms. Gomez -Rodriguez: Well, one of our goals -- Commissioner Allen: We need to put a lot more money in this because -- Ms. Gomez -Rodriguez: -- Commissioner, is -- Commissioner Allen: -- from what I hear. Ms. Gomez -Rodriguez: -- that we are working with FEMA, and we have asked them to be reimbursed for these types of expenditures. Commissioner Allen: Right. Ms. Gomez -Rodriguez: They were very receptive to it. They were in the process offending out if we can be approved, and our goal is to put a mortgage. When FEMA pays for those damages, then we will take the restricted -- you know, the mortgage away from the property; will give us additional dollars to help additional residents -- Vice Chairman Gonzalez: That's good Commissioner Allen: Great. Ms. Gomez -Rodriguez: -- so that's basically how we're planning to work the program. Commissioner Regalado: For your information, Barbara, Mr. Chairman, and Commissioners, yesterday the Homeless Trust approved a similar program, then the Homeless Trust allocated $150, 000 for homeless families to be relocated, but the problem is really huge. I mean, there are thousands and thousands of people whose houses have been deemed uninhabitable. Ms. Gomez -Rodriguez: Condemned. Yeah, condemned. Commissioner Regalado: Now, the other question is -- and this is a particular, especially in District 4. There is a old condominium building, very old, that it's owned by different retire residents that the City of Miami has sent them a letter because they lost part of the roof that if they do not fix it, the building will be condemned. This is in my district, and it would be demolished. Now -- Ms. Gomez -Rodriguez: They can apply. Commissioner Regalado: -- here's -- yeah, but here's the catch. The question is, they are -- is it the association who should apply or the individual -- Commissioner Allen: Unit owner. Commissioner Regalado: -- unit owner? Ms. Gomez -Rodriguez: Well, the individual unit would have to apply because there is an income criteria for this. You do have to be income -eligible, so the person, the individual person has to apply. Second of all, because we will be putting a mortgage in that property. Now, you know, if ten of the owners come and apply, then the cost offixing the roof can be divide equally among Ciry ofMiami Page 165 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 the ten of them. Commissioner Regalado: Yeah, but let me ask you this, Barbara. How about if the ten, eight qualifies, are we going to leave the holes for the other two? Ms. Gomez -Rodriguez: Well, I can tell you that we will have to -- those eight will have to absorb the costs, and the -- or the other ten would have to pay out of their pocket, but there has to be a mortgage to the property. The reason for that, Commissioner, is if we don't put a mortgage on the property, a year from now, they can sell it and then -- Chairman Sanchez: Yeah. Commissioner Regalado: I understand that. Ms. Gomez -Rodriguez: Yeah. Commissioner Regalado: No. I -- Ms. Gomez -Rodriguez: Yeah. Commissioner Regalado: I understand that process, but -- Ms. Gomez -Rodriguez: It's very hard on condominiums. We've seen it. Commissioner Regalado: -- it's just that I've been in touch with the association, and they are, as you know, represented, and if you allow me, Mr. Chairman, 1 would like to ask the administration, not a resolution or requires a vote, to communicate to the Building Department to stop all actions against Coral Garden Condominium until they can go and -- because they really don't have the money to do it. That's the bottom line. Ms. Gomez -Rodriguez: Where is the located? Commissioner Regalado: Thirty-fourth Avenue and IOth Street, Southwest. Commissioner Allen: Can 1 comment to that? Commissioner Regalado -- Vice Chairman Gonzalez: All right. Before we keep -- Commissioner Allen: Oh, I'm sorry. Vice Chairman Gonzalez: -- commenting into other issues, let's vote on the resolution of the $2 million, and then we can continue -- Commissioner Allen: Yeah, I agree. Well -- Vice Chairman Gonzalez.: -- you know, talking about diversity of cases -- Commissioner Allen: I agree. Vice Chairman Gonzalez: -- and issues and all of that. Commissioner Allen: Yeah. Vice Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." City of Miami Page 166 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. [Later.] Commissioner Allen: Yes. One quick -- Vice Chairman Gonzalez: Commissioner Regalado. Just a second, please. Commissioner Allen: Oh, I'm sorry. Yes, um -hum. Vice Chairman Gonzalez: Let's keep the order. I didn't mean to be (UNINTELLIGIBLE) -- Commissioner Regalado: No, no, no, I finished. I finished already. Vice Chairman Gonzalez: You finished? Commissioner Allen: Right. Commissioner Regalado: Yeah, I finished That's -- Vice Chairman Gonzalez: OK. Did you got Commissioner Regalado's request? Barbara Gomez -Rodriguez (Director, Department of Community Development): I got the address and the -- Commissioner Regalado: Yeah. Vice Chairman Gonzalez: And the request. Commissioner Allen: Right. Yeah. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: All right. Commissioner Allen: Just -- Linda Haskins (Deputy City Manager/Chief Financial Officer): And this is -- Ms. Gomez -Rodriguez: I don't -- Ms. Haskins: The Miami Recovers Program is something that we can adjust as we get more information in terms of number of buildings damaged and that sort of thing. You know, this is a major step towards the Miami Recovers Program to provide the funding and the relocate -- the funding for repairs and relocation assistance, and as we get more information like this, we will certainly look at it -- Commissioner Regalado: No, but -- Ms. Haskins: -- and see if we -- Commissioner Allen: Right. I think -- City of Miami Page 167 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Vice Chairman Gonzalez: Thank you. Ms. Haskins: -- need to make adjustments. Commissioner Regalado: Mr. Chairman, what I was trying to do is for the Administration -- Ms. Gomez -Rodriguez: He wants the Building Department to stop. Commissioner Regalado: -- to tell the Building Department to hold on on any -- because you know, you don't need -- when you're elderly, you don't have the money; you're retired, you don't need the hole in the roof and then the Building Department breathing on your neck and saying that -- Vice Chairman Gonzalez: That was -- Commissioner Regalado: -- they're going to demolish. Vice Chairman Gonzalez: -- the request. Commissioner Allen: Right. Vice Chairman Gonzalez: Did you get -- Commissioner Allen: Is that acceptable? Ms. Haskins: My understanding is the Building Department already has done that. Vice Chairman Gonzalez: All right. Commissioner Allen: Good, Vice Chairman Gonzalez: Thank you very much. Commissioner Allen: OK, and one quick question. Vice Chairman Gonzalez: Commissioner Allen. Commissioner Allen: Yes. Madam Rodriguez, just before you go away, Barb. In terms of the repairs of the roof pursuant to this $2 million, do we have the contractors on board with the City to handle that sort of capacity? Ms. Gomez -Rodriguez: Yes, we do. Commissioner Allen: So these -- so we'll be using the contractors? Ms. Gomez -Rodriguez: Yes, we do. Commissioner Allen: The individuals do not go out and secure their own contractors. Ms. Gomez -Rodriguez: No. We have a list of contractor; they get to choose from that list. Commissioner Allen: Got you. Thank you. Vice Chairman Gonzalez: And there will be supervision on the work done? City of Miami Page 168 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Ms. Gomez -Rodriguez: Yes. Vice Chairman Gonzalez: All right. Thank you so much. Commissioner Allen: Thank you. NA.12 05-01397 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: accepting a national emergency grant from South Florida Workforce to employ up to 100 persons in debris and cleanup activity.) 05-01397- Agreement.pdf Motion by Commissioner Allen, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0701 Chairman Sanchez: I do have -- Vice Chairman Gonzalez: Now -- Chairman Sanchez: -- another -- Commissioner Allen: Yes. Chairman Sanchez: -- my last final pocket item, and this is a -- Commissioner Allen: Oh. Chairman Sanchez: -- this is a motion to accept a national emergency grant from the South Florida Workforce, and at this time, I'd like to turn it over to David Rosemond from the City Manager's office to elaborate and explain to you what this grant is all about. David Rosemond: Basically -- Good afternoon, gentlemen. David Rosemond, City Administration. This is a grant from the South Florida Workforce to employ up to a hundred persons in debris and cleanup recovery activities. They will be paying them; we will with using them. It's a very simple situation. We just need a approval from you to accept the agreement. Commissioner Allen: OK. I move that we accept the agreement. Chairman Sanchez: 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: Motion carries. NA.13 05-01398 DISCUSSION ITEM Discussion by the City Attorney discussing the straw ballot appeal. City of Miami Page 169 Printed on t 2/27/2005 City Commission Meeting Minutes November 17, 2005 DISCUSSED Vice Chairman Gonzalez: Yes, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, very briefly. I sent you a memo a few days ago noting you of our defeat at the Third DCA (District Court of Appeals) in the case of the straw ballot. We were waiting for the District Court of Appeals to rule on that, and the District Court of Appeals, much to our surprise, ruled that the ballot language was defective because it failed to adequately inform the voting public that the response has no official effect. We call it a straw ballot. We did everything else. It's just an issue of semantics and technicalities, but the bottom line is that I need your direction on how to proceed, and these are your three options. Chairman Sanchez: Move to appeal. Mr. Fernandez: Your three options are, in requesting -- we do not have grounds to appeal to the Supreme Court, so it's a request to rehear the appeal on one of three grounds. Ask the entire court and bank, rather than just the panel of three, to take a look at this issue because it's of great significance. Secondly, to -- if they don't want to do that, then to issue a -- certib, the question to the Supreme Court because then the Supreme Court will hear it, or thirdly, just get them to rehear and address critical issues that they totally ignore. We presented the court with five or six issues on appeal. They ruled on one or two, and then the most significant ones they bypassed, so if you authorize us to ask for a rehearing, we will be asking those three in the alternative. Your other choice is not to do anything and just wait for the next opportunity to put this question on the ballot, and then rework the question, address all the deficiencies that were identified and proceed accordingly. With regard to the first option, the option for us to ask for a rehearing, you need to know that all the work has already been done. We have researched this. We know the case in inside and out, and it would require minimal expense or cost with us doing that. Chairman Sanchez: Move to appeal. Vice Chairman Gonzalez: All right. I think that was Commissioner Regalado's -- Commissioner Allen: Regalado's. Vice Chairman Gonzalez: -- issue, and he was the one that championed this -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- item, so Commissioner, what do you want to do with it? Commissioner Regalado: I move to ask for a rehearing of the full court. Vice Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Regalado: It's not the Supreme Court; just the same court. Actually -- Commissioner Winton: I'm tired Commissioner Regalado: -- you know, it makes sense because the City Attorney has already done the work on this. There are some holes definitely in that decision because the only thing that they -- that the court questioned was that we did not explain what is a straw ballot, and who can explain what is a straw ballot other than saying this is a nonbinding question, which was on the ballot, and if we do this, we are going to help actually, the County, because most likely, this item will be in the County's ballot next year in November of 2006. 1 know that it's going to be in City of Miami Page 170 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Hialeah General Election in November of 2006, so since it's minimal effort on the part of the City Attorney, I'll move to ask for a rehearing on the same Court of Appeal. Vice Chairman Gonzalez: OK. Do -- we have a motion. Do we have a second? Do we have a second? There is no second Motion dies. Chairman Sanchez: Move to appeal. Vice Chairman Gonzalez: Sorry. Mr. Fernandez: We can't appeal it. Vice Chairman Gonzalez: We have a -- Mr. Fernandez: There's -- I'm not recommending an appeal. I recommended one of two things, either to authorize us to ask for a rehearing, and then there are three things that we could ask a rehearing on, or three avenues to pursue a rehearing, or just wait until the next ballot opportunity. Those were the two options I gave you. Commissioner Allen: Right. Mr. Fernandez: I didn't give you an option to appeal. Commissioner Allen: Or -- Commissioner Regalado: No. 1-- Commissioner Allen: -- the option -- Commissioner Regalado: -- this is why I moved for a rehearing. Commissioner Allen: Right, Mr. Fernandez: Correct. Commissioner Allen: And that's been -- right. Commissioner Winton: Next agenda item. Vice Chairman Gonzalez.: All right, that's it. What do we have? Commissioner Allen: 1 make a motion we adjourn. Vice Chairman Gonzalez: We have to reschedule the -- Chairman Sanchez: Move to appeal. Vice Chairman Gonzalez: -- CRA (Community Redevelopment Agency) meeting? Commissioner Winton: No. We have -- no. We just have to -- Chairman Sanchez: When in doubt, appeal. Priscilla A. Thompson (City Clerk): Are we going to adjourn the regular -- ? City of Miami Page 171 Printed on 12/27/2005 City Commission Meeting Minutes November 17, 2005 Commissioner Allen: I make a motion we adjourn -- Vice Chairman Gonzalez: Yes, ma'am. Commissioner Winton: Yes. Vice Chairman Gonzalez: We have a motion to adjourn. Commissioner Winton: So moved. Vice Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: The meeting has been adjourned. A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to adjourn today's meeting. City of Miami Page 172 Printed on 12/27/2005