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HomeMy WebLinkAboutCC 2006-07-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 13, 2006 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Linda M. Haskins, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 13, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 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 8/2/2006 City Commission Meeting Minutes July 13, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Haskins, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 13th day of July 2006, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9: 29 a.m., recessed at 11: 00 a.m., reconvened at 11:18 a.m., recessed at 12:15 p.m., reconvened at 2: 34 p.m., and adjourned at 5: 21 p. m. ALSO PRESENT. Jorge L. Fernandez, City Attorney Joe Arriola, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the July 13, 2006 meeting of the City of Miami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chair, Tomas Regalado, Michelle Spence -Jones, Linda Haskins, and myself, Angel Gonzalez, your Chairman. Also on the dais are Joe Arriola, City Manager, Jorge L. Fernandez, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez and a pledge of allegiance by Commissioner Regalado. Please rise for the invocation. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-01207 CEREMONIAL ITEM Name of Honoree Sgt. Kent Padmore Miami International Airport Noise Abatement Task Force Captain Eduardo Ferrer Charles Flowers Tory Jacobs Patrick McCoy Frank Rollason Ronald K. Smith Joseph W. Underwood District 3 Greening of the City Campaign 06-01207 Cover Page.pdf 06-01207 Protocol List.pdf PRESENTED Presenter Mayor Diaz Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Sanchez Commissioner Sanchez Protocol Item Commendation Commendation Commendation Commendation Commendation Commendation Commendation Commendation Certificates of Appreciation 1. Mayor Diaz presented Certificates of Achievement to the principals and assistant principals of 35 City of Miami schools with dramatic improvement in their FCAT scores. 2. Mayor Diaz presented a proclamation to the Honorable Lucita Moenir Alam to honor the genius of Rembrandt and in recognition of Holland's observance of the 400th celebration of his birth. City of Miami Page 3 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 The Honorable Lucita Moenir Alam presented the Mayor and City of Miami Commissioners with a book and a keyholder as a token of appreciation for the City's recognition of Holland's 400th celebration of Rembrandt. 3. Vice Chairman Sanchez presented Certificates of Appreciation to City employees and other individuals who participated in the District 3 Greening of the City Campaign by planting trees in the City of Miami. 4. Commissioner Regalado presented commendations to Miami International Airport Noise Abatement Task Force members Captain Eduardo Ferrer, Captain Patrick McCoy, Captain Charles Flowers, Tory Jacobs, Frank Rollason, and Ronald K. Smith, in recognition of their success in establishing new flight patterns for some flights going into and out of Miami International Airport. Chairman Gonzalez: OK Now we're going to go to the presentation and proclamations. I believe the Mayor has some presentations. Presentations made. City of Miami Page 4 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: So now let's continue with the agenda. Do we have any vetoes from the Mayor? Priscilla A. Thompson (City Clerk): No, we do not. Chairman Gonzalez: All right. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Haskins, seconded by Commissioner Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We need to approve the minutes of the following meeting, the regular meeting of June 8, 2006. Vice Chairman Sanchez: Is that the bell for the first round? Chairman Gonzalez: Do I hear a motion? Commissioner Haskins: So moved. Vice Chairman Sanchez: Hey, Pete, welcome aboard. Chairman Gonzalez: We need a motion to approve the minutes of June 8, 2006. Commissioner Haskins: So moved. Vice Chairman Sanchez: Second, Mr. Chair. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Chairman Gonzalez: Mr. City Attorney, will you please read the rules of the meeting? Jorge L. Fernandez (City Attorney): Yes. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the Clerk's office. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of Commission action. The Commission may override such veto by four -fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sounds or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent, slanderous remarks, or who becomes unruly while addressing the Commission, shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding -- perhaps, there is an exception for that today -- is permitted. No signs or placards City of Miami Page 5 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 are allowed in the chambers. Person exiting the Commission chambers shall do so quietly. Persons may address the City Commission on items appearing on the `public hearings " portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may also notes the Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered -- will be heard in numbered sequence on the agenda, and turn it back to you, Mr. Chairman, for consent. Chairman Gonzalez: Thank you, Mr. City Attorney. CONSENT AGENDA CA.1 06-01106 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENTS OF JUSTICE AND TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 06-01106 Legislation.pdf 06-01106 Summary Form.pdf 06-01106 Affidavit.pdf 06-01106 Summary Fact Sheet.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0415 Direction by Commissioner Spence -Jones to the Administration to provide funding recommendations and the necessary resources to continue to support programs through the Law Enforcement Trust that prevent violence in the City of Miami. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I -- is Chief Timoney around? Unidentified Speaker: Yes, he is. Commissioner Spence -Jones: I just really -- I really have no issue with the actual item, but I do - - I would like to at least bring something to the attention of my colleagues that are sitting on the dais with me this morning, and it's a blessing to have the County also here in the audience, too. As you know, we've been talking back and forth, Chief, regarding this issue of the Law Enforcement Trust, and the number of dollars that we're losing every year regarding the Trust, and in the past, many of those dollars have been -- have gone to supporting local organizations to prevent violence and crime in many communities. As you know, my community has been City of Miami Page 6 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 rocked with this whole issue of gun violence. I mean, we just -- I just lost -- I say "I" -- I'm not going to say "we" -- well, we -- we all just lost a young girl, not even two weeks ago, to this whole issue of gun violence, and one of the things that I'd like to see happen, or I'd like to at least address to you this morning, if there's any way that we could look at -- or do you have any suggestions of things that we, maybe, perhaps could do, from an administration standpoint, to assist you with providing additional resources to assist you with the Law Enforcement Trust. I mean, I just need to get your input because -- Chief John F. Timoney (Police): Yeah. Commissioner Spence -Jones: -- I know this is a very sensitive issue for you, and you've been trying to address it, and every year, the dollars keep getting -- Chief Timoney: Yeah. Commissioner Spence -Jones: -- cut every year -- Chief Timoney: Right. Commissioner Spence -Jones: -- so can you just speak to that so at least my colleagues understand, because I really need to address this issue with so many kids dying on the streets in my district. Chief Timoney: Good morning. I'm Chief of Police John Timoney, along with Assistant Chief Adam Burden, the chief of Administration. By way of background, the Law Enforcement Trust Fund -- the City of Miami, on an annual basis, up to a few years ago, received about $6 million. Places like New York received about 26 million and so on and so forth. As a result of some court decisions and other things, over the last four years, the Law Enforcement Trust Fund has been reduced significantly, so for example, last year, the City of Miami got less than $1 million; this year, it's projected about $700, 000. When you look at a place like New York City, it went from $26 million down to slightly under $6 million last year, so it's not just Miami. It's the entire nation, as a result of some legal decisions. In the past, the Miami Police Department had been in a fortunate position to be able to give some of the money to community -based groups to help prevent violence. We are required by the law to give upwards of 15 percent. Right now -- or over the last -- since I've been here -- four years, that -- more than 15 percent has been given, but it's been given to two main programs; one, Do the Right Thing, which is a very successful program run by the Miami Police Department that rewards children for good behavior; and then, two, upwards of half a million dollars a year to help run the PAL (Police Athletic League) program, which services thousands of kids in Miami. Unfortunately, last year, as a result of this reduction, we've now had to reduce our commitment to the PAL program, and we've gone out on a very aggressive campaign to get private donations. We just had -- about a month and a half ago, and we gathered over $100, 000 from a breakfast with the police chief, where we had some business people come in. I, myself, any time I give a speech and I'm paid for it, that money goes to PAL. I do not keep that money; the same thing for Chief Fernandez. However, there is a need for these community -based programs to somehow be able to get some of the funding that we provided in the past. We have no capacity whatsoever. We give more than our 15 percent, and clearly, we also need some money for training and for equipment, which is the money that we do spend right now, but you're absolutely correct to point out that there has been a huge void created in the LETF (Law Enforcement Trust Fund) funding over the last three or four years. Commissioner Spence -Jones: And I just would want to bring this to my attention -- to my -- really my colleagues on the dais. I mean, I attended the funeral last Saturday, and I'm telling you, we have to do something. I mean, we -- the funds that we do have to support programs for arts and culture is great, but if we're losing the lives of so many young people, it's not going to really make a difference. I don't want to see another young person buried in my district, so City of Miami Page 7 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 whatever we need to do from an administration side -- and I guess, I'm looking for my budget side, Mr. Larry -- I don't know where he is -- and City Manager. We just need to figure out a way to continue to provide support to these programs because we cannot continue to have so many -- 67 kids, I've lost -- we've lost, I'd say, over the last year and a half to gun violence. That's a lot of kids -- from 18 months to 21 years of age, so I just wanted to -- I don't have an issue with this item, but I do want to make sure that I at least raise the consciousness that this is a true problem in my district and throughout all of our districts that we need to begin to address, and whatever way we can -- whatever we need to do from an administration side of it, and hopefully, through the County, whatever type of efforts to provide the necessary resources to the Law Enforcement Trust so that we can continue to support programs. That's the only thing that I wanted to bring to your attention and to my colleagues' attention. Chief Timoney: Thank you. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: No discussion on that item. Chairman Gonzalez: Huh? Vice Chairman Sanchez: No discussion on that item. Chairman Gonzalez: No discussion? All right. Any discussion from the Commission? All right. Did you pull an item for discussion? Commissioner Regalado. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Vice Chairman Sanchez: Why don't we vote on this item? Makes it much easier for the -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- City Clerk. Chairman Gonzalez: Let's vote on the item. All -- Commissioner Spence -Jones: So move. Chairman Gonzalez: We need a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. CA.2 06-01107 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "EMS COUNTY GRANT #C5013 AWARD (FISCAL YEAR 2005-2006)," IN THE AMOUNT NOT TO EXCEED $95,286, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, City of Miami Page 8 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED, "FLORIDA EMS GRANT PROGRAM COUNTIES;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-01107 Legislation .pdf 06-01107 Summary Form.pdf 06-01107 Letter .pdf 06-01107 Letter of Understanding .pdf 06-01107 Pre -Attachment .pdf 06-01107 Pre -Attachment 2.pdf 06-01107 Pre -Attachment 3.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0408 CA.3 06-01109 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue PROCUREMENT OF PHARMACEUTICALS FOR THE DEPARTMENT OF FIRE RESCUE, FROM CARDINAL HEALTH 103, INC., F/K/A CARDINAL SOUTHEAST, INC., UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 268-000-98-2 RENEWAL CONTRACT #1, ON AN AS -NEEDED CONTRACT BASIS, EFFECTIVE THROUGH SEPTEMBER 30, 2008; FURTHER AUTHORIZING THE CONTINUED UTILIZATION THEREOF BEYOND SEPTEMBER 30, 2008, BASED ON ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING THE CONTRACT ANNUAL AMOUNT FOR EXPENDITURES, FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01109 Legislation.pdf 06-01109 Summary Form.pdf 06-01109 Memo. pdf 06-01109 Contract Renewal. pdf 06-01109 Pre-Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0409 CA.4 06-01112 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF City of Miami Page 9 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 $435,731; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-01112 Legislation.pdf 06-01112 Exhibit.pdf 06-01112 Exhibit 2.pdf 06-01112 Summary Form.pdf 06-01112 Award I nstructions. pdf 06-01112 Letter.pdf 06-01112 Letter 2.pdf 06-01112 Letter 3.pdf 06-01112 Summary Fact Sheet.pdf WITH DRAWN CA.5 06-01110 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE Purchasing CONTRACT FOR AGGREGATES, TOP SOIL AND SAND, FROM AUSTIN TUPLER TRUCKING, INC., AND FROM TENEX ENTERPRISES, INC., PURSUANT TO SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE BID NO. 2006-004, EFFECTIVE THROUGH MAY 31, 2007, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP, TO BE UTILIZED ON AN AS -NEEDED CONTRACT BASIS, BY THE CHIEF PROCUREMENT OFFICER; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 10 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-01110 Legislation.pdf 06-01110 Summary Form .pdf 06-01110 Letter .pdf 06-01110 Letter 2.pdf 06-01110 Agenda Item Fact Sheet .pdf 06-01110 Pre -Legislation .pdf 06-01110 Memo .pdf 06-01110 Memo 2.pdf 06-01110 Bid -Tabulation. pdf 06-01110 Firm Information.pdf 06-01110 Letter 3.pdf 06-01110 Schedule of Bid Prices.pdf 06-01110 Bid Sheet.pdf 06-01110 Qualification Statement. pdf 06-01110 Cover Page. pdf 06-01110 Fee Receipt. pdf 06-01110 Notarized Document.pdf 06-01110 Reference Sheet.pdf 06-01110 Refrences .pdf 06-01110 Non -Collusion Affidavit. pdf 06-01110 Compliance with Occupational Safety and Health Act.pdf 06-01110 Drug -Free Work Place Program Form.pdf 06-01110 Firm Information 2.pdf 06-01110 Letter 4.pdf 06-01110 Schedule of Bid Prices 2.pdf 06-01110 Bid Sheet 2.pdf 06-01110 Pre-Attachment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-041 0 CA.6 06-01111 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE Purchasing CONTRACT FOR PLUMBING SUPPLIES, PARTS, FIXTURES, WATER HEATERS, PVC PIPE, TUBING AND RELATED ITEMS FROM BEST PLUMBING SPECIALTIES, INC.; HUGHES SUPPLY, INC.; INTERLINE BRANDS, INC., D/B/A SEXAUER; LEHMAN PIPE AND PLUMBING SUPPLY, INC.; NATIONAL WATERWORKS; AND PLUMBMASTER, INC., PURSUANT TO SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE BID NO. 26-084R, EFFECTIVE THROUGH MARCH 31, 2009, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP, TO BE UTILIZED ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 11 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 06-01111 Legislation. pdf Summary Form.pdf Memo. pdf Recommendation Tabulation.pdf Tabulation Sheets.pdf Summary of Bid Rejections.pdf Invitation To Bid.pdf Bid Summary Sheet .pdf Additional Information Sheet.pdf Invitation To Bid 2.pdf Bid Summary Sheet 2.pdf Additional Information Sheet 2.pdf Invitation To Bid 3.pdf Bid Summary Sheet 3.pdf Additional Information Sheet 3.pdf Invitation To Bid 4.pdf Bid Summary Sheet 4.pdf Additional Discounts.pdf Additional Information Sheet 4.pdf Invitation To Bid 5.pdf Bid Summary Sheet 5.pdf Additional Information Sheet 5.pdf Invitation To Bid 6.pdf Bid Summary Sheet 6.pdf Additional Information Sheet 6.pdf Letter. pdf Cooperative Purchasing.pdf Letter 2.pdf Table of Contents. pdf Invitation To Bid 7.pdf General Conditions.pdf Special Conditions.pdf Bid Summary Sheet 7.pdf Additional Information Sheet 7.pdf Pre -Attachment. pdf Pre -Attachment 2.pdf Statement of no Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.7 06-01113 Department of Public Facilities R-06-0411 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONCESSION AGREEMENT FOR THE ORANGE BOWL, IN SUBSTANTIALLY THE ATTACHED FORM, ENTERED INTO BETWEEN THE CITY OF MIAMI ("CITY") AND BOSTON CULINARY GROUP, INC., A WISCONSIN FOR PROFIT CORPORATION, ON AUGUST 16, 2003, TO PROVIDE FOR A REDUCTION OF THE PERCENTAGE FEE ON ALCOHOLIC BEVERAGE SALES UP TO $2.6 MILLION, FROM FIFTY City of Miami Page 12 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 PERCENT (50%) TO FORTY-FOUR PERCENT (44%), FOR A ONE-YEAR PERIOD, COMMENCING AUGUST 16, 2006 AND EXPIRING AUGUST 15, 2007, WHILE MAINTAINING THE MINIMUM GUARANTEE REQUIREMENTS; PROVIDING FOR THE CITY'S RIGHT TO TERMINATE SAID AGREEMENT FOR CONVENIENCE UPON PROVIDING NINETY (90) DAYS PRIOR WRITTEN NOTICE. 06-01113 Legislation .pdf 06-01113 Exhibit .pdf 06-01113 Summary Form .pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. On CA. 7, it's a resolution to execute an amendment to the concession agreement on the Orange Bowl. What I don't understand is why are we trying to help this company? Do they have problems? Laura Billberry: This comp -- Lori Billberry, director of Public Facilities. This company, when they initially bid on the RFP (Request for Proposals) for this project at the Orange Bowl, the revenues were generally in the over two million range of gross revenues in concessions. Last year, because of the hurricanes and the uncertainty with some of the capital improvements that needed to be done, that -- we didn't book quite as many events, and their revenues dropped to 1.8 million in gross, so this -- they will still guarantee the minimum guarantee, which for this game season -- of the seven -game season, is 905, 000, and we also capped that if their receipts do go -- since we will have a good season -- above 2.6 million, they won't get to continue to reap a benefit, so this is just giving a small break to try and do a workout. They did invest 420,000 in the premises when they moved in, so this is to try and allow them to still recoup on that investment. Commissioner Regalado: OK. The only question I have, have they lay off employees? Ms. Billberry: No, not that -- Commissioner Regalado: Because -- Ms. Billberry: -- I'm aware of. Commissioner Regalado: You're not aware or you don't know? No. I mean, because if we're going to help them by giving them a break, it's fine, but if, because of what you mentioned, they had some issues and have lay off some people that they hired, then they shouldn't get a break, so that was my point, so we don't know. Vice Chairman Sanchez: Mr. Chair. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: If I may add. Were any of the UM (University of Miami) games canceled? Ms. Billberry: They were not canceled. One of them was postponed. Vice Chairman Sanchez: And they played -- it was Georgia Tech, and we played in -- City of Miami Page 13 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Ms. Billberry: It was played a couple -- Vice Chairman Sanchez: -- Georgia. Ms. Billberry: -- weeks later. Vice Chairman Sanchez: OK. Ms. Billberry: All the games were played, although it was not attended as highly as usual. Vice Chairman Sanchez: And their discussion on -- well, their concern is that because of the lights that were torn down by the hurricane -- it's not like we went out there and broke them ourselves -- they're saying that that hurt their business? Ms. Billberry: Not that the lights hurt their business, just that the attendance overall has hurt their business. Additionally, the year prior, there were many repairs going on in the upper bowl, and the City was limited in the number of events we could book because we were uncertain in Public Facilities how long those repairs were going to be required to take, so we had to be cautious in what we booked and guaranteeing what uses could be placed in the Bowl. Vice Chairman Sanchez: But here's my point. I want to make it very clear. I don't think that this philosophy is good business for the taxpayers of Miami, the philosophy in itself. If we -- and they knew that we are committing to putting a lot of money into restoring the Orange Bowl, which is our obligation -- it's a global issue, the Orange Bowl, and I say that so the County could hear me on that because it's -- the Orange Bowl's not only the residents of the City of Miami, but the County also use it for events. If they knew that we were going to be doing a lot of capital improvements on the Orange Bowl, why aren't they -- like any other business that take it in the chin when a hurricane comes -- why don't they have insurance? The message that we're sending out there is you're better off doing business with the government because, you know, you have those types of deals where you're protected, so it's just the wrong message to have, and I think that we need to be proactive in negotiating these contracts so we're better protected. Ms. Billberry: Well, the improvements that were contemp -- I don't know that the -- and pardon me because I wasn't involved in the initial contract negotiations, but I don't know that they were aware that those structural repairs were going to be going on and could impact what we were going to be able to book in the Bowl. The renovations now going forward is something, obviously, that's -- everyone aware -- is aware of. Commissioner Haskins: Lori, is there a cancellation provision? Can they cancel the contract? Ms. Billberry: I don't -- I'd have to double-check, I'm sorry. I know we had a right -- and part of this amendment actually increases our right, as far as canceling for convenience. They don't have to -- I'd have to double-check. They do have a cancellation. I'm sorry. Commissioner Haskins: So did this come up -- come about as a result of them saying they were going to cancel because of the loss in revenues, or --? I mean, how did it come up? Ms. Billberry: No. I think they want to work with us. They approached us because they did take a beating during the last season, as far as what they were able to recoup on their investment, their initial investment, and they were contemplating making that up over the initial term of the agreement. Commissioner Regalado: OK. City of Miami Page 14 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: All right. Any -- Commissioner Regalado: Mr. Chairman, I will move to deny CA. 7. Chairman Gonzalez: All right. We have a motion to deny -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- CA. 7, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. All right. That concludes the consent agenda. Now we're going to go into blue pages. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: You also pulled consent item number 4. Is that correct, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes. They already pulled it. Mr. Fernandez: Oh, so -- Ms. Thompson: He -- Mr. Fernandez: -- pulled, not to be discussed? Chairman Gonzalez: Just pulled it completely. Mr. Fernandez: OK, all right. Chairman Gonzalez: Yes. All right, so that concludes the consent agenda. CA.8 06-01105 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), APPROVING AND ADOPTING THE "MASTER SWAP POLICY," ATTACHED AND INCORPORATED, GOVERNING INTEREST RATE SWAPS BY THE CITY OF MIAMI; PROVIDING THAT THE MASTER SWAP POLICY SHALL NOT SUPERSEDE ANY APPLICABLE PROVISION OF THE CHARTER OR CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 06-01105 Legislation.pdf 06-01105 Exhibit.pdf 06-01105 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0412 CA.9 06-01022 RESOLUTION City of Miami Page 15 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE DONATION OF IN -KIND SERVICES VALUED AT APPROXIMATELY $250,000, FROM THE TURKEL RESOURCE FOUNDATION, INC. ("FOUNDATION"), CONSISTING OF IMPROVEMENTS, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 100 NORTHWEST 17 STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS THE "DORSEY MEMORIAL LIBRARY;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A REQUIRED IMPROVEMENTS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A ONE-YEAR TERM, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ONE-YEAR TERM, SUBJECT TO THE FOUNDATION PROVIDING INSURANCE DEEMED APPROPRIATE BY THE CITY'S DEPARTMENT OF RISK MANAGEMENT. 06-01022 Legislation .pdf 06-01022 Exhibit .pdf 06-01022 Exhibit 2.pdf 06-01022 Exhibit 3.pdf 06-01022 Exhibit 4.pdf 06-01022 Exhibit 5.pdf 06-01022 Summary Form .pdf 06-01022 Pre -Legislation .pdf WITH DRAWN CA.10 06-01140 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND AFTERLIFE SERVICES, INC., A FLORIDA CORPORATION D/B/A THE ATLANTIS REEF PROJECT, FOR THE USE OF 10,000 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, KNOWN AS MARINE STADIUM PARKING, MIAMI, FLORIDA, FOR USE AS A STAGING AREA FOR THE PURPOSE OF MAKING CONCRETE SLABS TO BE LOADED ONTO A BARGE TO CREATE THE ATLANTIS REEF PROJECT, WITH PAYMENT OF A USE FEE EQUAL TO $4,000, PER MONTH, PLUS APPLICABLE STATE OF FLORIDA USE TAX, WITH OTHER TERMS AND CONDITIONS MORE PARTICULARLY STATED IN THE AGREEMENT. 06-01140 Legislation.pdf 06-01140 Exhibit.pdf 06-01140 Exhibit 2.pdf 06-01140 Exhibit 3.pdf 06-01140 Exhibit 4.pdf 06-01140 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0413 City of Miami Page 16 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 CA.11 06-01194 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION ("IMLA") AND URGING THE ORGANIZATION TO HOLD ITS 2009 ANNUAL CONVENTION IN THE CITY OF MIAMI ("CITY"); FINDING THAT SUCH AN EVENT HAS A SIGNIFICANT ECONOMIC IMPACT ON AND BRINGS PRESTIGE TO THE CITY AND ITS BUSINESSES AND HIGHLIGHTS THE IMAGE OF THE CITY IN A POSITIVE WAY; AUTHORIZING A DONATION OF FUNDS, IN THE AMOUNT OF $50,000, TO THE "2009 ANNUAL IMLA CONFERENCE" IN MIAMI, A WORLD -CLASS EVENT; ALLOCATING FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER. 06-01194 Legislation.pdf 06-01194 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0414 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, 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, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: Now we're going to move to approve the consent agenda. Are there any items that the Commission needs to pull? Jorge L. Fernandez (City Attorney): Yeah. Mr. Chairman, while you're thinking through that, the Administration is pulling consent item number 9. Chairman Gonzalez: All right. I also have an item that I want to defer. Commissioner Spence -Jones: Mr. Chairman, I'd like to also pull CA.1, just for discussion. Chairman Gonzalez: CA.1 ? Commissioner Spence -Jones: Um -hum. Chairman Gonzalez: All right. OK. I want to defer CA.4 and also RE.2. Joe Arriola (City Manager): Mr. Chairman, also PH.1. Chairman Gonzalez: PH.1. Commissioner Spence -Jones: Mr. Chairman, also CA.9. I just have a discussion on it. Chairman Gonzalez: PH.9? City of Miami Page 17 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Vice Chairman Sanchez: C. Commissioner Spence -Jones: Yes, sir, CA.9. Vice Chairman Sanchez: CA.9. Commissioner Spence -Jones: CA.9, I'm sorry. Chairman Gonzalez: OK The -- these items that you're pulling on the consent agenda, are you pulling them for discussion -- Commissioner Spence -Jones: Yes -- Chairman Gonzalez: -- or --? Commissioner Spence -Jones: -- for discuss -- just for discussion. Chairman Gonzalez: Just for discussion. All right. Mr. Fernandez: No. Mr. Chairman, the Administration is pulling from consideration consent agenda number 9. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. All right. We need a motion to -- Commissioner Regalado: CA. 7 -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- to dis -- for discussion. Pull CA. 7for discussion. Chairman Gonzalez: CA.7? Commissioner Regalado: Yes. Chairman Gonzalez: Very good. Now we need a motion to approve the balance of the consent agenda. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 18 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-01195 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $109,353, FROM THE CHILDREN'S TRUST TO PROVIDE ENHANCED SERVICES FOR THE 21 ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 06-01195 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0416 Chairman Gonzalez: Now we're going to go into blue pages. Mr. Mayor. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. Members of the Commission, I have two items for your consideration. The first is a -- Holmes Elementary, as you may remember, was here earlier this morning. Holmes is a school that, for three consecutive years, had been an F-rated school, and this year, I'm proud to report they are now a C-rated school. This item accepts a grant of almost $110, 000 from the Children's Trust for the 21 st Century Community Learning Center at Holmes Elementary. I would ask for your approval. Commissioner Spence -Jones: So moved. Mayor Diaz: What? Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mayor Diaz: Thank you, Mr. Chairman, and -- Chairman Gonzalez: M.2. Mayor Diaz: -- thank you, members of the Commission. M.2 06-01205 RESOLUTION City of Miami Page 19 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING MAYOR MANUEL A. DIAZ'S APPOINTMENT OF PEDRO HERNANDEZ AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. 06-01205 Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-041 7 Mayor Manuel A Diaz: On the second item, I would like to make a brief statement. It has been said that service to others is the supreme duty of life. Today, we are here to celebrate the service to our City of two men; one that formally ends today and another that begins. A little over four years ago, we set out to alter the course of our City's history, to set it on a path towards greatness. To achieve this goal, we knew we had to work together as a team, led by you, our City Commissioners, our Administration, and City employees, and at the helm, Joe Arriola. Much has been written and said about this remarkable turnaround of our City, perhaps, the greatest renaissance of any city in America in such a short period of time, and make no mistake, it is the dedication of this team to serve the residents of our City that has made all of this possible. In his office, Joe kept a framed, ancient Hebrew teaching about a dying rabbi found weeping by his nephew. When the nephew asked why it is that this great teacher wept, the rabbi replied, "Perhaps I shall be condemned because I was able to lead, but chose not to." Well, Joe chose to lead. He chose to leave the comforts of retirement in order to give back ingratitude to the community where he lives, ran his business, and raised his family. Joe, today it is we who owe you a debt of gratitude for all that you have done for our City, for helping to bring us to where we are today. Thank you, Joe. Applause. Mayor Diaz: We continue to build on this record of achievement by naming a new leader to our team, a man who is a consummate servant, who has dedicated his professional life to the service of others and to our community. It speaks volume of the level of where we are that we have been able to attract a person with the talent and the dedication of Pete Hernandez. Pete has chosen to join our City after a distinguished three -decade career in Miami -Dade County government, where he achieved the post of deputy county manager. He, therefore, not only brings a wealth of knowledge of the public process, but the spirit that will give continuity to our achievements. Mr. Chairman, Vice Chairman, and members of the City Commission, it is with great pleasure that I urge your approval of my appointment of Pete Hernandez to serve as City Manager of the City of Miami. Applause. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: I would accept the nomination and move for appointment. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Commissioner Regalado: Mr. Chairman, first of all, I -- Mr. Mayor, congratulations. It was a City of Miami Page 20 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 very, very good choice. I had the fortune of, before this was made public, meeting Mr. Hernandez, and I'm sure that the residents of the district that I represent will be very well -served because he understands that we all work for the residents, and that the City is not us. The City is the people, the residents, the taxpayers, so I am very, very happy to support the appointment of Mr. Pete Hernandez. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes. Vice Chairman Sanchez: If I may. Mr. Hernandez -- because you're not yet the City Manager -- if I may. Whoever thought that small child from Camaguey could come to this great country of ours -- Mayor Diaz: I didn't know you were from Camaguey. Vice Chairman Sanchez: -- and really accomplish the American Dream. What a life of a gentleman who has continued to struggle and really has made it to, I think, one of the things that he really wanted to accomplish, and that was to, one day, be a City Manager somewhere. For thirty -some years in public life of service, he has been blessed not only by a beautiful family, but by so many friends that are here today to honor what accomplishments he's going to do today. Pete has the qualities of a great City Manager; took him thirty -some years and he never given up. I have heard about Pete, and at many times, had an opportunity on foresight to really just get to know him a little bit. I took an opportunity to meet with him in my house for an hour and a half, and I really got to see the qualities of a gentleman that deserves to be the next City Manager of the City of Miami. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: I just have two things to say. First, the first thing that I would want to say -- and I'd like to actually direct this to our City Manager that is leaving us, on behalf of all of us. First of all, I got a chance to work with Joe over the last four or five years, and -- in the City govern -- through my work with Mayor, and I have to say this. I don't think anyone else could have got -- taken the City, at that point, where we were, and I'm saying this just out of true love for you, Joe, because you took us from really a really, really bad point to -- and it took somebody strong like you to put things back in place and back in order, and I don't ever want you to think for a minute that that's not appreciated or valued. I know that my colleagues feel the same way, and we know that if we didn't have, you know, that bull and that muscle pushing to make many of these things happen -- I mean, I'm seeing things in my district, for the first time, happen that has not happened for God knows how long because of your commitment to try to make something happen, so I wanted to at least -- you know, before I acknowledge the new, definitely acknowledge someone that has really put a lot of time, energy, hard work, just trying to make the City a better place, so I wanted to at least publicly acknowledge you for that. Second -- Applause. Commissioner Spence -Jones: -- of all, I would like to acknowledge our new City Manager that's coming in, and I don't have the history probably, perhaps, as my other colleagues, but we did get a chance to share a great evening toget -- great afternoon together, and he appears to be -- and just by the show of support from the County that's here, your colleagues -- or our colleagues from the County, is, to me, an affirmation that this is a good candidate because it seems like we have the whole County Commission, including the Mayor, in the chambers, which, to me, says City of Miami Page 21 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 that we're moving in the right direction because we understand the importance of your relationship with our government to help us move our projects to get things done, so already, you haven't even started working yet, and you're showing that you have the ability to bring people together, and I think that's what we really, really need to have happen, and I'm so thankful and grateful that you're here, and just know that, you know, from a District 5 perspective, you can count on my support, all right? And thank you guys for coming. I really appreciate it. Welcome aboard. Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: I had the opportunity of working for Joe directly for several years, so -- andlknow for afact -- Joe Arriola (City Manager): Don't hold it against me. Commissioner Haskins: -- that we wouldn't be where we are today if it had not been for Joe. A lot of courage, a lot of tenacity; sometimes we got beaten up over it, that's OK, but it was the great leap forward for the City, without a doubt. We -- and it was because of Joe and the management team that he put together, and Pete, you have a great management team. You're inheriting a wonderful management team, a city that has real direction, a city that really does look at goals, objectives, and how we move forward in an organized way. Joe, we're really going to miss you. It's going to be a lot quieter around here. I mean, we may need a little more caffeine or -- going to be a lot quieter, but Pete, you have our support, and welcome aboard. Unidentified Speaker: Thank you. Chairman Gonzalez: All right. What am I going to say? I have so many things to say, but basically, you and I have been friends for many, many years, so -- and I believe that friendship is a cult that we should all try to preserve. Our relationship as Commissioner and Manager, it has been wonderful. I really want to thank you from the bottom of my heart, on behalf of all the residents of District 1, for everything that you have made possible for that district. Allapattah, which is part of District 1, was neglected and abandoned for many, many, many years, and what we have seen happening in Allapattah now is unprecedented, so personally, you know how I feel about you. Our friendship goes back thirty -some years, and I foresee -- continue for many, many, many more years. You're not going to be the City Manager, but you're going to still be my friend. I will be your friend forever. Me and my family really appreciate you. We know how you are. We know that you're a person that cares, and you have proven it many, many times, so all I can wish you is good luck. I know you're going to be fine. This is not the end of the world for you. Commissioner Spence -Jones: It's the beginning. Chairman Gonzalez: You're going to be out there making a lot of money, which is going to make a lot of people unhappy, but -- because that's life, you know -- we, your friends, are going to be very happy to see you succeed once again, because people that know you from when you start with your printing company, know what you did back then, and we know that whatever you're going to start doing now is going to be the same track, so I wish you all the best. We will keep in touch. We will be seeing each other. Well be having lunch each other, so you know, God bless you -- Mr. Arriola: Thank you. Chairman Gonzalez: -- you and your family. Mr. Arriola: Thank you. City of Miami Page 22 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Vice Chairman Sanchez: Mr. Chairman, I -- Chairman Gonzalez: As far as -- excuse me. Let me finish. I allow everyone a time to speak. Pete, welcome. Pedro G. Hernandez: Thank you. Chairman Gonzalez: All I can ask is that I have the same type of working relationship that I had with Joe Arriola, and you're not my friend. I'm not a liar, you know. We're not friends. We just met each other a couple of weeks ago, but I hope that during the process of our relationship working together, we develop a friendship, which is basically, you know, we should work as a family, try to work together for the benefit of the City of Miami. After all, that's what counts, OK God bless you, too. Mr. Hernandez: Thank you. Chairman Gonzalez: Mr. Vice Chairman, go ahead. Vice Chairman Sanchez: Mr. Chairman, I think that we will be presenting a protocol item to the City Manager, and I would yield my time to say some kind words about you when we do that. Chairman Gonzalez: All right. Now we need to vote on the appointment of Pete Hernandez -- Commissioner Spence -Jones: We did. Chairman Gonzalez: -- as our new City Manager. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: You want to do a roll call, please? Commissioner Regalado: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The appointment has unanimous approval. Applause. Note for the Record: At this time, Pedro G. Hernandez was sworn in as City Manager of the City of Miami. Applause. Vice Chairman Sanchez: OK, now you could sound the bell. Chairman Gonzalez: We're going to be taking a ten-minute recess so Pete can say hi to everyone and -- Commissioner Spence -Jones: (INAUDIBLE) say something. Vice Chairman Sanchez: No, he's got to say something. City of Miami Page 23 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: All right. Mr. Hernandez: If you allow me, my daughter told me this morning to be short and sweet, but it's very difficult in this environment. First of all, I would like to, you know, thank Mayor Diaz for the honor of thinking of me and nominating me for City Manager for the great City of Miami. I need to also thank the Chairman of this Commission, Commissioner Gonzalez and all the City Commissioners for their confirmation and support on this day. It is a highlight of my life. It's a day that is extremely significant because, after being in public service for 33 years, you seldom get an opportunity to be honored to the place that I'm going now, the City of Miami, and also to be honored by the presence of my County family here. I was telling Commissioner Gimenez this morning that I didn't think the County could stop a couple of hours for this event, and he says, "Why not?" I've always been humbled, and I'm really, really overwhelmed with joy. From Mayor Alvarez -- I don't know if the Chair was able to make it; there's all that flooding outside, but I know we have Commissioner Gimenez, Sorenson, Heyman, Barreiro, Sosa -- Vice Chairman Sanchez: Moss. Mr. Hernandez: -- Moss -- Vice Chairman Sanchez: Who else? Mr. Hernandez: -- and I know that I have -- Vice Chairman Sanchez: Heyman. Mayor Diaz: Heyman. Mr. Hernandez: Heyman. Vice Chairman Sanchez: Sorenson. Mr. Hernandez: I have my dear friend, the City Manager, George Burgess. George and I go back, I don't know, 20, 25 years -- George Burgess (Miami -Dade County Manager): As long as I've been with the County, Pete. Mr. Hernandez: -- and George and I, I would say, have lots of things in common. We like to do the right thing; right, George? Mr. Burgess: Yes, sir. Mr. Hernandez: Those are yours words. Mr. Burgess: Yes. Mr. Hernandez: You know, to the Mayor and to the City Commissioners, I feel that I'm at the peak of my life, in the sense that I have wisdom accompanied by a lot of energy. I'm passionate about what I do. I'm passionate about serving the public. I still like to get into the office at 7 o'clock in the morning, and I feel good, and I smile, and I look at the challenges of the day. That's wonderful. I'm also surrounded by a lot of people that have made me successful because it's not just one person; it's the team, and the team is also out there. You know, (UNINTELLIGIBLE) there; Roger Carlton, Roger Hernstadt, Alice Robinson, Renfroe, (UNINTELLIGIBLE), Vega, Wendy -- I'm sorry, Wendy. George, I miss GSA (General Services Administration). I never had GSA. (UNINTELLIGIBLE) -- the aviation guy is here. The City of Miami Page 24 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 aviation guy and I go back to, I don't know, '73 or so, and I'd like to think, in a selfish way, that maybe I had something to do with him being a star, OK, and you can still -- on days when the planes are not flying, right? -- you can call me. We can always talk. I have -- well, besides my family here -- who else is here? From the Mayor's office, Deli and Jerry Hall, Amy -- the GSA guys, thank you for being here. The family, in essence, in a way, have always contributed to my success. I'm one -- hopefully, I've been leading by example and setting the tone, but I couldn't be where I am without your help, and honestly, for a person to be successful, you need to have the internal comfort that support at the house gives you, and the lady back here is really the one that gives me that push that you need to get it going. My two admirers are my kids -- isn't that great? -- Patricia and Pedro Raul, and my mother, from Florida, Camaguey. Applause. Mr. Hernandez: She was always after me, you know, to study, to work, to study, et cetera, et cetera, and through my Hialeah roots, it paid off. When I was 16, I remember working in an aluminum factory in Hialeah, and that was kind of the incentive to do some other things in life. I have two people in the back that sort of run my life on a daily basis, and that's Lynn Westall -- you don't have to stand; you're tall, but raise your hand. Applause. Mr. Hernandez: -- and my secretary, Rosalie (UNINTELLIGIBLE). Raise your hand, too. Applause. Mr. Hernandez: And there's a bunch of other people back there; Edgar and (UNINTELLIGIBLE), and Eric (UNINTELLIGIBLE), and (UNINTELLIGIBLE) Martinez. My friend -- Unidentified Speaker: Yes. Mr. Hernandez: Thank you to have you here. Unidentified Speaker: My pleasure. Mr. Hernandez: Today they're giving me the leniency to sort of express myself. Unidentified Speaker: Thirty seconds. Mr. Hernandez: Also -- where did Joe go? Vice Chairman Sanchez: He's here. Mr. Hernandez: Joe. Mr. Arriola: Yes. Mr. Hernandez: Is -- Mr. Arriola: I want you to know, Pete, you're not as funny as I am, OK? I already know he's going to be boring. Mr. Hernandez: Boring, boring, boring. Mr. Arriola: He's going to be boring. City of Miami Page 25 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Hernandez: But Joe, Joe, understand, I can play the straight man, and I can do a few jokes, but you have set a tone -- you, the Mayor, the Commission -- Vice Chairman Sanchez: That's a high tone. Mr. Hernandez: -- have set a tone for this dynamic city. You have set a blueprint, and I do appreciate it, and my job is going to make sure that we carry through, that we implement all those plans. Mr. Arriola: Thank you, Pete. Thank you, sir. Applause. Mr. Hernandez: And I think, with all that said -- Mr. Chairman, I think that I've abused my -- the time allotted to me today. What I -- yes -- have to tell you all is that I don't have a magic wand. What I do have is passion for what I do. I have a strong commitment. I'm very passionate. I love public service. This position gives me the opportunity to lead what I think is a very good team and continue on upward. The City is on its way up. People are coming back into the City, and I love to be part of your team. What I promise you is my commitment, my ability to, hopefully, have my friends and walk into, you know, County Hall and talk and sit across the table, dialogue and solve problems, even though, at the County, I've been told at times, that's a problem you don't want to solve. A certain Commissioner tells me that I'm -- you know, I try to solve everything, and says, "No. There are things you don't solve, " so I'm really happy to be here, and I'm committed to working with every one of you because I know that, through you, I'll be serving the residents of the City of Miami, and if I serve the residents of the City of Miami, in essence, I'm serving the County because the City is like an image of the County. The City does well, the County does well, and vice versa, so I'm here, very happy, and thank you to my County family. I love you all. Applause. Chairman Gonzalez: Mr. Mayor. Mayor Diaz. Mayor Diaz: Pete, I heard you were a quiet guy. What's with the long speech, man? Unidentified Speaker: You haven't seen anything yet. Vice Chairman Sanchez: What happened? Mr. Hernandez: It's when I get excited. Mayor Diaz: OK, OK. (UNINTELLIGIBLE). Getting carried away here, and -- jeez, (UNINTELLIGIBLE). I didn't know you were from Camaguey. I mean, I -- Vice Chairman Sanchez: No, no, no. Florida, Camaguey. Mayor Diaz: Florida, Camaguey. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 06-01190 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City of Miami Page 26 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $8,708.15, FOR THE PROVISION OF CITY OF MIAMI SERVICES, FOR THE "DESFILE DOMINICANO, " THE FIRST DOMINICAN FESTIVAL AND PARADE TO BE HELD AT DUARTE PARK ON AUGUST 20, 2006; ALLOCATING SAID FUNDS FROM THE DISTRICT 1 SPECIAL EVENTS/FESTIVAL ACCOUNT NO. 001000.921054.6.289. 06-01190 Legislation.pdf Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0425 Chairman Gonzalez: Mr. Vice Chair, would you please chair for a minute? The item on my blue page is a resolution -- it's a resolution of the Miami City Commission authorizing the allocation of funds, in the amount not to exceed $8, 708.15, for the provision of City of Miami services, for the "Desfile Dominicano, " the first Dominican festival and parade to be held at Duarte Park on August 20, 2006; allocating said funds from District 1 special event/festival account number 001000.921054.6.289. So moved. Commissioner Spence -Jones: Second. Commissioner Haskins: Sec -- Vice Chairman Sanchez: There's a motion on the floor; it is second. The motion was presented by the Chair, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Chairman Gonzalez: Thank you. DISTRICT 2 COMMISSIONER LINDA M. HASKINS D2.1 06-01141 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE VIRGINIA KEY BEACH PARK TRUST AND AMENDING CHAPTER 38/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST," MORE PARTICULARLY BY AMENDING SECTION 38-232, TO REFLECT VIRGINIA KEY BEACH PARK'S NEWLY REVISED NAME AS THE "HISTORIC VIRGINIA KEY BEACH PARK;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01141 Legislation.pdf City of Miami Page 27 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: Commissioner Haskins, you have two items on your blue pages. Commissioner Haskins: Yes. The first item is at the request of the Virginia Key Beach Park Trust, and they have officially change -- recommended a name change to the Historic Virginia Key Beach Park, so the resolution is making that change. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. No discussion. All in favor, say "aye." Commissioner Regalado: It's an ordinance. Chairman Gonzalez: Those opposed -- Priscilla A. Thompson (City Clerk): This is an ordinance. Commissioner Spence -Jones: Oh. Commissioner Regalado: Ordinance. Ms. Thompson: It's an ordinance. Chairman Gonzalez: It's an ordinance? Ms. Thompson: Yes. Chairman Gonzalez: Oh, OK. I'm sorry. Vice Chairman Sanchez: It's an ordinance on -- Jorge L. Fernandez (City Attorney) : Yes. Chairman Gonzalez: Mr. City Attorney. Mr. Fernandez: It is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City of Miami Page 28 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 D2.2 06-01201 DISCUSSION ITEM DISCUSSION CONCERNING VACANT AND ABANDONED LOT IN THE CITY OF M IAM I . 06-01201 E-mail.pdf MOTION A motion was made by Commissioner Haskins, seconded by Commissioner Spence -Jones, and was passed unanimously, to direct the Administration and City Attorney's Office to research legal issues and propose an ordinance requiring registration of vacant and/or abandoned properties, determine appropriate fees to ensure that inspectors can be sent out to properties, including a requirement that facades of vacant buildings be secured, but also aesthethically pleasing from the street, to be brought back at the City Commission meeting currently scheduled for October 12, 2006. Chairman Gonzalez: D2.2. Commissioner Haskins: D2.2 is an item that's been near and dear to my heart, and what I'd like to do here is have a direction to the Administration and the City Attorney's Office -- I learned that, didn't I? -- to work on something that's been near and dear to my heart, and that is the City has, over the years -- there're a lot of properties in the City, vacant properties and abandoned buildings throughout the City. A lot of these properties are held by speculators and they're not taking care of the properties properly. It's cost us a lot of money in Code enforcement issues. Talking with the Police Department, there is a significant cost to the City in the way of additional crime attached to these properties, so what I would propose to do is try to take a carrot and stick approach on abandoned properties and vacant buildings in the City, and it has no intention of trying to acquire properties for the City, but it does have the intention of trying to address cleaning up our neighborhoods and being able to rehabilitate homes for low-income and moderate -income people, and what I'd like to do is have them come to the City Commission, by the first meeting in October, to address a policy where we would require registration of vacant or abandoned properties, and the appropriate fees attached to that to assure that we can send inspectors out to the properties; that we require for vacant buildings that the facade of the building not be covered with plywood anymore; that it be -- the building be secured, but that it look good from the street, and that's the stick. The carrot from this, the vision for this is that once we have registered our vacant and abandoned properties in the City, we can then bring in the CDBG (Community Development Block Grant) resources, Affordable Housing Trust resources to try to convince owners to rehabilitate their properties and either sell or rent to low - to moderate -income people so that we achieve two goals, and that is we clean up the streets, we clean up our neighborhoods, and we provide more affordable housing, and that's my request. Chairman Gonzalez: Is that a motion? Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. Commissioner Regalado: Discussion, Mr. Chairman. Chairman Gonzalez: Discussion, all right. Commissioner Regalado. Commissioner Regalado: Recently, Linda, the County commissioned Cynthia Curry to do a story -- study about a -- the empty lots. Out of 600, they came up with a number that -- about 400 were like entangled in court battles -- Commissioner Haskins: Um -hum. City of Miami Page 29 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Regalado: -- but I think that your idea has to circumvent whatever legal hurdles they have, you know, like people fighting, family fighting amongst each other because they want the land or that, because -- and then we go back to what Commissioner Spence -Jones was asking about one Commission ago. Empty lots are the ideal place for illegal dumping, and I would tell you again and again neighbors do not do illegal dumpings [sic] next to them. These are the people that get paid to do that, and the facade -- if we can at least use some of the resources of CDBG, for the people that are doing already the facade, to at least make that abandoned building, which is in a court battle, a -- more nicer. It's -- it helps everyone because, you know, when -- we have an abandoned building on 27th Avenue and 2nd Street that's been there forever. It's on a court battle, and the merchants in this side and the other side, they tell us, eh, we're not going to do anything because, after all, this is, you know, an eyesore. We are not going to paint this and that because people come in -- homeless come in; you know, the crackheads go into the building, so -- you know, the reason I'm saying this is because they going to come to you and say, oh, this lot is in the middle of a legal case in the court so we cannot do -- yes, we can, you know, and that's my point, just to -- because I think it's going to help everyone in the City. That's what I think. Vice Chairman Sanchez: I'm sorry. You're suggesting we use facade money to --? Commissioner Regalado: No. I'm suggesting that we use the people doing facade money with another special fund from Community Development, like the fund to clear lots, that we can use already the people doing facade, at least to board a more -- in a more nicer way. We don't touch the facade money because that's for the merchants who are already in line. We have a waiting list, but we have lot -clearing money that we can use also to board up, in a better way, the facades of those abandoned buildings. Commissioner Haskins: And the other thing is, the idea with this would be to have some sort of continuing revenue source so that you -- the fees should take into consideration, you know, perhaps a -- funding this sort of activity, the clean-up activity. Certainly, we want a deposit large enough to handle lot clearing without having to record liens, and we can look at other things down the road, like setting aside taxes, and incremental taxes coming out of these properties since they're cleaned up, to set aside for a continuing program, but what I'd like is for staff and the City Attorney's office to research the issues. I know there are legal issues. There were some concerns on the part of Legal, but I think we're pretty well on -- Jorge L. Fernandez (City Attorney) : Yeah. Commissioner Haskins: -- the same page now, and bring something for discussion, first meeting in October, or bring a proposed ordinance for discussion in October. Chairman Gonzalez: All right. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO City of Miami Page 30 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 D4.1 06-01199 DISCUSSION ITEM DISCUSSION ABOUT EXPANDING THE EFFORTS TO NOTIFY RESIDENTS OF PLANNING AND ZONING ITEMS THAT REQUIRE A PUBLIC HEARING. 06-01199 Memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to direct the City Attorney to draft an amendment to the ordinance outlining distance requirements for notification of Planning & Zoning items to exempt highways, parks, public facilities, and water in order to inform more individuals; further directing the Administration to place said proposed amendment on the next available agenda of the Planning Advisory Board. Chairman Gonzalez: (INAUDIBLE) 13, 2006. We did some of the blue pages. Commissioner Regalado, I believe that you do have some blue pages, too. Commissioner Regalado: Yeah. Thank you very much, Mr. Chairman. It's an item that actually just need to be referred to the City Attorney and bring back legislation, and to Administration to bring the legislation up to the Planning Department. This is not a new idea. This is just I pick up on some of you -- Commissioner Spence -Jones said, several weeks ago, that there was a need to inform more of the people about planning and zoning issues, and then I saw two cases that really caught my eye. One, if you measure the 500 feet that you have to notes residents, this way or that way, or the other way, in some cases, no one gets noticed. For instance, they were going to do some change of zoning on -- around Flagler and 29th. in District 4, and if you measure Miami -Dade County Auditorium plus St. Michael's Church, there you have your 500 feet. If you are going to do something in the bay, you go to the water and -- or if you have a six -lane highway, so my proposal is to send to the City Attorney and the Administration, with a request to expand the ratio of informing residents for planning and zoning purposes, not expanding the 500 feet, but exempting highways, parks, water, public facilities; by that, you get more people. What I mean is that you jump over any public facilities, any park, any four-way -- four -lane highway, or six -lane, or whatever the case is. Everything that is public will be exempted to count the 500 feet, and I think that's a simple process you can -- it has to go, of course, through Planning, and PAB (Planning Advisory Board), and the Zoning Board, I guess, so that would be my motion, to send the request to the City Attorney to draft the legislation, and the Administration to place it on the next available agenda at the PAB. Commissioner Spence -Jones: Second, and I just want to have a discussion on it. Second. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: We have a motion, and we have a second for discussion. I believe Commissioner -- Vice Chairman Sanchez wasn't here when you -- Commissioner Spence -Jones: Yeah. He just wants a clear -- Chairman Gonzalez: -- was doing your -- Commissioner Spence -Jones: -- understanding. Chairman Gonzalez: -- presentation -- Commissioner Regalado: Briefly. City of Miami Page 31 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: -- so I think we need to repeat it -- Commissioner Regalado: OK. Chairman Gonzalez: -- so he is aware of what we're voting on. Commissioner Regalado: Yeah. Briefly, it's a motion to direct the City Attorney to draft an amendment to the Planning and Zoning ordinance to notify people within the 500 feet radius, but exempting highways, parks, public facilities, water so we can, within those 500 feet, notes more residents so the people could be notified, and I mentioned some of the cases like, for instance, in Flagler and 29th, when they measure the 500 feet, Miami -Dade County Auditorium and St. Michael's Church, off they go. There's no more 500 feet, so that is, in essence -- not to change the 500 feet ratio, but to exempt public facilities, parks, and water, and highways, in order to expand the ratio of more residents being informed. That's basically it. Chairman Gonzalez: All right. Discussion. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, Mr. Chairman. I do just want to somewhat add on to that because I do think that that is a big issue, you know, in all of our districts. A lot of the complaints -- once these projects are approved, neighbors that are very close to projects -- because whether or not it's 500 feet or not, you know, you're still impacted by whatever the development is. The people surrounding it will be affected one way or and the other. No, we can't do the whole neighborhood, but I like the idea of trying to expand it, and I just had this question for the City Attorney. I know the County has something similar to this, and their -- isn't that their footage -- isn't it much more than what we -- isn't it like 1,400 -- they have to notify people 1,400 --? Mr. Fernandez: I really don't know the particulars of -- Commissioner Spence -Jones: Yeah. I -- Mr. Fernandez: -- the County -- Commissioner Spence -Jones: -- I'm almost sure that I'd asked the -- if you can verb because I think it would be great to look at other municipalities as to what they're doing. I think we have the least amount of footage that, you know, requires the notice, so -- and my -- then my question becomes, who proposed the 500? Was this --? Mr. Fernandez: It's been in the books for a long time, and it's really pretty much a policy decision. You can have 300, 500, 1, 000; it's just all whatever you determine to be relevant -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: -- and important, and then you also need to -- because ultimately, at the end of the day, it becomes a cost to the applicant because all of the cost of publication and disseminating gets transferred to the applicant, but there is really no rule. There's no law that really applies. You can do whatever you deem important -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- and relevant. Now what's important is, as Commissioner Regalado was saying, to have clear definition, so what we have heard him to say, Commissioner Regalado, is that you want to exempt from the 500 feet, or you want the 500 feet to be redefined to exclude highways, parks, public facilities, anything which, otherwise, is not really -- City of Miami Page 32 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: Residents. Mr. Fernandez: -- to be considered -- Commissioner Regalado: Residents. Mr. Fernandez: Right, exactly. Commissioner Regalado: You jump over. Mr. Fernandez: You jump over them, and you continue, right -- Commissioner Regalado: Yeah. Mr. Fernandez: -- and we're going to have to work on that because that's -- depending on the circumstance, or depending on the arrangements, or the geography, it would certainly no longer be a radius. Now it will be -- you know, a radius in a circumference -- or in a circle, all the radiuses are the same. Here, because you would have a public facility, or a park, or a high -- expressway in the middle, you may have a much longer distance requirement, and then, when you don't have any obstruction, you would be to the 500. Commissioner Regalado: Yeah. I'm not discussing the 500 feet. I'm just saying that we should jump over either highways, parks, public facilities because the fact of the matter is that no one lives there -- Vice Chairman Sanchez: Call the question. Commissioner Regalado: -- and that's -- Mr. Fernandez: Correct. Chairman Gonzalez: All right. Any further discussion? We had a motion and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carries. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-01204 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST") PURSUANT TO ORDINANCE NO. 12082, ADOPTED JULY 10, 2001, BY REPEALING ALL SECTIONS RELATED TO THE MODEL CITY TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LIBERTY CITY COMMUNITY TRUST BY DESIGNATING THE LIBERTY CITY COMMUNITY First Reading City of Miami Page 33 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 TRUST'S JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, SETTING FORTH THE LIBERTY CITY COMMUNITY TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND I M PLEAD, CONTRACT AND BE CONTRACTED WITH, AND TO OWN AND DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 2 TO CHAPTER 12.5, OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01204 Legislation.pdf 06-01204 Exhibit.pdf 06-01204 Submittal.pdf DISCUSSED Direction by Commissioner Michelle Spence -Jones to the Auditor General to meet with the past and present president/CEO of the Model City Trust, the current staff of the Model City Trust, and the current board of directors of the Model City Trust, to prepare a response to the audit of the Model City Trust prepared by the Auditor General of the City of Miami. Chairman Gonzalez: All right. It's almost 12 o'clock. Let's see if we can take a couple of more items. Let's do the blue pages. Commissioner Spence -Jones, do you have any items on your blue pages? Commissioner Spence -Jones: Yes. You're starting with my dis -- you want to start with District 5, first? Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: You want to start with my district? Chairman Gonzalez: Yes. Commissioner Spence -Jones: OK, sure. Chairman Gonzalez: Go ahead with your blue page. It's D5.1, right? Commissioner Spence -Jones: Yeah. Actually, I only had one item, and actually, what I'm asking to have happen at this point is to really defer this introduction of this ordinance until all of my colleagues have had the opportunity to really read the final version to give it the kind of consideration that it really deserves. As you know, I've been in office almost seven months, and I've had many challenges, and one of the main challenges that I've had is the Model City Trust. I did not create the Trust. You know, I inherit it -- inherited it, and you know -- and as everyone knows, the challenge has been to really make sure that the vision for the Liberty City area is really realized. One of the biggest issues that I have to deal with in my district, just -- from all different perspectives, but when I'm talking about Little Haiti and Overtown, and of course, Liberty City, is there's a serious feeling of no hope that things will change, and people not believing that leadership really wants to see things happening within those areas, and I can say that from being in office for the last six or seven months, I've had the support that's necessary to move some of these projects to get some things done, so today I'm not going to actually have this City of Miami Page 34 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 ordinance be read or deal with the ordinance itself. I just wanted to have a discussion with my colleagues. The first thing that I wanted to do -- I'm going to ask the new chairman and the new CEO (chief executive officer) to at least join me at the podium real fast, and I'm going to have them at least make a statement, but I do want to say this. You know, since being in office and looking at the Trust, we've not only hired a consultant to evaluate its mission. We've established a ad hoc committee to survey the residents to see kind of what they wanted to see happen in the district. We've gotten a new chairman, as you see here now, and we've got a new president and CEO. Despite what you may have heard in the past about the Trust, I can honestly say to you, you know, this recent article that took place by -- that was in the Miami Herald regarding the audit, that there were several things in that audit that really need to be addressed, and I want to allow for the new chairman and the board to at least address that because I think it's really important to do that because sometimes we only hear one side of the story. My colleague, Mr. Sanchez, I just want to make sure you're with me because this is a very important issue for the folks in the Liberty City area -- so I just wanted to at least be able to say that the auditor's reports -- you know, there are definitely some issues that need to be addressed. When we looked at the audit -- I had a very tough meeting last night. I think it was probably the toughest meeting that I've had with a board since being in office, and it -- you know, to have residents from Liberty City come out, you know, very upset, you know, very disturbed at what had happened and not hearing, you know, both sides of the story was very challenging for me, so I just wanted to say I think that -- even the auditor agrees, and we've had conversations about the audit report -- the actual audit itself was really done from a one-sided standpoint, which was only looking at what the Trust did wrong, but looked at nothing the City did wrong in the process, but this is not a conversation to point fingers because once I took office and I began to address the issues of the Trust, I didn't want to place the blame on anybody else. I wanted to focus on moving the community to the next level. I'm asking -- or I asked the board members last night during the Trust meeting to at least prepare their own report. Mr. Auditor General, I would like to make sure that you sit down with the past CEO and the current staff there, and the current board to at least prepare a report. I think that I'd like to have my colleagues -- once that report is prepared, I would like to have the chairman come by and talk to every single last one of my colleagues so that you can hear, from their perspective, the response to what was -- what came from the audit, and you're going to be amazingly surprised when you do read it because I was, and I was very stunned to see that it was only from one perspective, so I just -- I think that the biggest issue for me in Liberty City or Model City, or whatever you decide to call it today, is that there's a sense of hopelessness that's, you know, felt within my district there, and whatever we need to do to move that community to the next level is what I'm trying to do to create a new beginning. I do want you to understand, so that once you get the documents, you have a clear understanding -- and I told the residents this last night because a lot of people just don't have information. They don't understand that this Trust was created before I got here. Five years ago, I guess you got -- those that are here voted for this Trust to go from one community to the next, and basically, in 2007, there'll be a sunset, and it would then move to another community. I believe my -- the Chairman, which is Allapattah, which will -- which is where it would go next, and I tried to explain that to many of the residents last night because I wanted them to understand that this was not a vicious or malicious attempt to, you know, do away with Model City or not allowing for things to happen in the area, and I tried my best to explain that this was agreed upon by the sitting Commissioners at the time, and what's fair is, you know, at this time, after it's been in a particular area, for it to move to the next district. Fortunately, over the last seven months, there has been a lot achieved, and we've worked very hard because we've repaired, once I got in office, our relationship with the Community Development Department to really make sure some of these projects moved, and quite frankly, Joe Arriola and, at the time, Haskins worked very hard to make sure that these projects moved, so we got a lot of houses built, so the report in the paper really was a little unfair, and it was really biased, and it was really not showing really what happened in the area, and I thought that it was, you know, unfair look at -- from the Trust standpoint of what they've really been able to accomplish. I do want to say to you that the new Trust, which -- as we look at abolishing the old Trust -- the focus of it would be a completely different mission and purpose. The focus will be driven on promoting economic development, City of Miami Page 35 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 supporting those businesses in the area; will be focused on attracting new industry. I have a lot of -- in my particular community, some industrial areas that I'd like to attract new industry -related jobs in the area, which I think the Trust can be helpful for that because we can't build these houses if people don't have jobs to work on to even live in these houses, and then also, more importantly, I think one of the things that the Trust really needs to focus their energies on, with all the large lots that I have left, is to look at providing homebuyer workshops and workshops on how to repair their credit, so that once these houses are built, we are able to have people to actually move in them, so I just wanted to really say that I think we need to really look at the Trust from the standpoint of being almost like advisors to us, from a development standpoint, and to really stay away from developing, stay away from actually trying to build or purchase land, or any of those kind of things because I think that that's where the question came up and where the issues were. Chairman Gonzalez: That -- I wanted to ask you, what was -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: -- the concern of the community with Allapattah? Commissioner Spence -Jones: Well, I think what -- it wasn't necessarily with Allapattah. What happened last night was there was a discussion that came up -- and I think Kirk is here, the City Attorney -- about it sunsetting on 2007, and the next community that it would go into would be Allapattah. Chairman Gonzalez: The homeownership zone? Vice Chairman Sanchez: Homeownership. Commissioner Spence -Jones: Yeah, the homeownership zone. Chairman Gonzalez: No. It was supposed to go to Little Havana, right, and it --? Vice Chairman Sanchez: No. I already have it. Priscilla A. Thompson (City Clerk): Yes. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: You already have it, and I was supposed to have it two years ago -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- and still -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- I don't see it, so I don't know what their concern is -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and why they want to get concern about Allapattah. You know, what they should be focused on is on their issues and their problems and trying to get them resolved -- Commissioner Spence -Jones: Yeah. City of Miami Page 36 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: -- without comparing themselves with Allapattah or anyone else. Commissioner Spence -Jones: Yeah. I think, Mr. Chairman, what -- Chairman Gonzalez: Because whenever I have a problem -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- I don't compare my district with anybody else's district. I don't say because Linda Haskins district has so many millions of dollars, I should have the same amount of millions of dollars, you know? Commissioner Spence -Jones: Yeah, but I think -- Chairman Gonzalez: I should try to go and fight for it and try to get it. Commissioner Spence -Jones: Right. I think what it is, Mr. Chairman, is the community has been so misinformed, and never really had a full understanding of what the whole purpose and mission of the Trust and how this whole thing was set up and how it was supposed to move from one particular -- Chairman Gonzalez: And let me tell you -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: I'm sorry for interrupting you -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: -- but I need to say this, OK? Commissioner Spence -Jones: No problem. Chairman Gonzalez: I know that there may be some rumors out there, but let me tell you. My position with the homeownership -- with the Model City Trust, in the past, was that they were not building homes. They were not doing anything, OK? That was my concern -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and I know that was the concern of the community. No. The people that want to work for a salary out of an agency without doing anything, OK, because we had a lot of that all over the City of Miami. People that worked for an agency; they were receiving a salary every year and producing zero. That was my concern. I think that Trust was created to build homes, to build affordable housing for the poorest people of that community, and that was never done, at least in the years that I've been here as a Commissioner -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- so my vision, as a Commissioner -- it's your district -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- but my vision, as a Commissioner, is that what needs to be done is they need to start building homes -- City of Miami Page 37 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: Right, and -- Chairman Gonzalez: -- and we're here -- we need to be here to support them and to give them the tools so they can build the homes, but they need to start building. Commissioner Spence -Jones: Right. Chairman Gonzalez: I mean, you know, they can't continue on the same train of having, you know, an office full of people getting salaries, and some of them, very huge salaries; salaries as high as some of the people that are directors in the City of Miami, with maybe one -tenth of the responsibility of a City of Miami director -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- so -- and then when you look at their report, no production -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- nothing been built; more plans and talking about more studies, and more studies, and more studies, and spending money on consultants, and spending money on attorneys, and spending money on everything except on what the money should be spent, which is to build homes. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: It takes -- let me tell you. A little -- I know a little bit about building homes because I have done it, not because nobody has told me how to do it. I have done it. It takes 90 days to build a house. All right, so there is no excuse. If you have the land and you have the money, there is no excuse why you cannot turn around and bring new houses to the district. Commissioner Spence -Jones: Right. Mr. Chairman, again -- and I agree with -- I just want to clear up -- so that you understand from last night's meeting. It was not saying it from a negative perspective, Allapattah, period. As a matter of fact, I think one or two of the residents that were in the room was commending the fact that you were able to get Ralph Plaza and some other projects moved without even having the homeownership zone -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- but the question really came up in the room -- people were just - - it's my responsibility, as a leader for the district, to tell you the truth, and as I looked at the audit report and as I began to compare -- and even the City Attorney can tell you this, too -- and the auditor can tell you -- it only came from one perspective, and when we talk about things not being able to be built and things did not get done, there was a -- we all know that there was a -- not a good relationship between City of Miami and the Trust, for whatever reason. It happened before I got there, and guess what? That wasn't my issue anymore. My concern is making sure houses and homes get built to improve the quality of life for the residents that live in Liberty City, and for me, you know, that's what my focus is, and today, you know, I asked for the chairman to at least come, and I asked for them to at least pass you out -- because the article that was in the paper -- even the numbers, were incorrect, so I would like to at least give Ms. Black a chance to at least pass out the information, and at least allow for the chairman of the board to at least address you before I close out. Chairman Gonzalez: All right. David Chiverton: Thank you, Commissioner. David Chiverton, the board of directors of the City of Miami Page 38 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Model City Trust. Commissioner, first, I would like to say that, last night, it wasn't, as the Commissioner said, about any particular district. It's about us moving forward. That's the charge that we've taken on -- Chairman Gonzalez: And that's what it should be about. Mr. Chiverton: -- and since this year, my appointment to the board and my new colleagues on the board, we've already completed five homes. By the end of September, it'll be twelve -- Chairman Gonzalez: Great. Mr. Chiverton: -- and we're looking to have the people that build on the behalf of the Trust truly have the capacity to be able to move forward and not have the problems that we've had before. The audit, for us, and the discussion of the audit, we did feel did not express the views from the Trust and the City because there were some things, over the years, that were not in the authority of the Trust, and did not work, as a result of the lack of communication between the Trust and the City, not blaming anyone, and so, we want to move forward with that. We ask for that information to be provided for you today so you can see some of the improvements and changes that have come about. In addition to that, after my colleagues and myself have completely reviewed the audit, along with the independent standard audit that we complete, at that time, we will -- I will put together a formal letter, and I hope to meet with each of you, addressing our concerns, but in very short, we're moving forward, and as the Commissioner said, whatever happened before, it's our problem to correct, and we're prepared to do so, but just know that the community is on an upswing, and we need your support to continue doing that. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: And I just wanted you to at least take a look. These are all the things, whether or not they be new homes that were built in here, which goes against this whole Herald story about nothing happening in the auditor's report because, as you look through this book, you see that there's a lot has happened regarding the overall Trust. I just want to close and then move on to the next thing. Is that -- part of this is restoring hope and believing in leadership, and understanding that the issues -- I can't deal with what the past was, and that's the reason why my decision to, after getting the information, abolish the Trust and to create a new -- with a different type of mission that will focus strictly on really promoting the area and the other things that we talked about, is something that's definitely needed for the Liberty City area. I don't want the community to see that here's one more thing that they've lost again, and again, I think we all should take responsibility because it should be on both sides of the track, but I would ask that the board members please prepare that -- your response to the audit, and please brief every single Commissioner so that we could all be on the same page. I don't know if the Auditor General had a comment or a statement, but I would definitely appreciate if you would. Victor Igwe (Auditor General): Yes, I sure do. This is Victor Igwe, the Auditor General for the City. The audit that was -- that we were directed to do was for the period starting 2002 up until 2005, so whatever that was viewed subsequent to that is not reflected in the report, and the specific direction that was given to the Auditor General was to look at Model City's financial transactions. We were not told -- well, we were not directed to look at the City's portion of the entire transactions, so whatever we did was strictly -- we looked at, you know, Model City, you know, financial transactions, and all the numbers that we have and all the findings that we have was responded to in writing by the current interim director, so all the findings that we have in this report, we have the written response -- Commissioner Spence -Jones: OK. City of Miami Page 39 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Igwe: -- so you know, again, the direction was to look at Model City's financial transactions. It didn't tell us to look at community development or anything that happened from the City's portion. Obviously, there -- you know, like the Commissioner pointed out, the two sides had a lot of issues, and those issues probably contributed for most of the problems here. I'm not going to, you know, be pointing fingers that it's strictly Model City, or that it's community -- the City, but the charge that I was given to look at the financial transcations. Chairman Gonzalez: And let me ask you, who directed you to do that audit? Mr. Igwe: The Commission. Vice Chairman Sanchez: This Commission. Commissioner Spence -Jones: Yeah. We did it on -- Chairman Gonzalez: For three years? Mr. Igwe: Yes, sir. Chairman Gonzalez: And let me tell you the way I feel about it, after hearing you -- what you just said, I believe that, if going through the audit or going through the process, you recognized that there might have been some faults at the City's side, then I think it was the time to stop and say let's go back five years instead of three years, but produce an audit that is fair because the Herald pick it up, and right away, they, you know -- the Herald. You can't expect anything else. Right away they wrote an article, you know, blasting the Trust and blasting everybody in the Trust, and maybe there were some faults at the City, so you know, if they're going to get fault, they going to get blasted, well, both should get blasted; the City -- Mr. Igwe: Right. Well, Commissioner -- Chairman Gonzalez: -- for their contribution to -- Mr. Igwe: -- right. Chairman Gonzalez: -- the -- Mr. Igwe: Commissioner, my response to that is that the longer -- if you talk -- if you're talking about five year's audit, it's going to be much longer than you -- you know, you're changing the scope, and I know the Commissioner in the district wanted to do something right away -- Chairman Gonzalez: Listen, there shouldn't be -- Mr. Igwe: -- so -- Chairman Gonzalez: -- a time limit on finding fairness. Mr. Igwe: Well, originally, we were given 90 days to do it, but we couldn't do -- Commissioner Spence -Jones: Yeah, and again -- and I take responsibility because that was one of the items when I first came on board, learning from this whole experience, that I brought as an issue for 90 days because we were trying to move things for the Trust, so I actually put the 90-day time frame on it, not realizing that it was going to take actually more than 90 days. I believe it took them almost 120 days or more -- Mr. Igwe: Right. City of Miami Page 40 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: -- to actually get it done, but we -- Chairman Gonzalez: Let me ask you -- I'm going to ask you another question because -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: -- I used to work for a CBO (Community Based Organization), and I was the executive director for a few years, and I had to -- we had to do an audit every year. Were they doing an audit every year? Mr. Igwe: Yes. Commissioner Spence -Jones: Yes. Mr. Igwe: They do. They have an external auditor. I believe it was Sharpton. Chairman Gonzalez: And did their audit reflected the problems? Mr. Igwe: Well, the type of audit they do is different. They do a strictly financial statement audit, which means they don't -- they look at -- they don't look at -- they don't do as much in-depth analysis as we do, and also, we do a little bit of -- you know, a little bit of, you know, operational compliance, and sometimes, a little bit, you know, forensic audit. Chairman Gonzalez: All right. Commissioner Spence -Jones: And I just want to -- I want to close out on this issue real fast. As far as the audit is concerned, to -- your response toward the response that came from the Trust was really the interim director that was there, and I think that it was really important, if you're talking about all these findings and this information that came out, the right thing to have done was for them to really talk to the past CEO, along with the present, to really make sure that they give you a better find -- to at least somewhat explain some of the occurrences that came in the report, but I don't want to make it a big discussion now because we already realize that it is truly a big issue -- Mr. Igwe: Right. Commissioner Spence -Jones: -- that was not looked at from the City's side and only from the Model City side, but I would like to make sure that the Chairman gets with the Auditor General, along with the new CEO, along with the past CEO to look at preparing a response so that my colleagues can hear the difference. Mr. Igwe: Right, and also to -- the past executive director, or the president, Marva, she did provide written response as it pertains to certain issues, so we did interact with her, and actually, one of the responses that she wrote is also a part of this report -- Commissioner Spence -Jones: OK, so I -- Mr. Igwe: -- so I'm -- Commissioner Spence -Jones: -- I'm just -- Mr. Igwe: -- ready -- Commissioner Spence -Jones: OK, to sit down with him. City of Miami Page 41 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Igwe: -- whenever they are, to discuss whatever issues they have because I have my supports -- the support -- we have working papers to support everything that is in here. Commissioner Spence -Jones: OK. Mr. Igwe: We have written responses. We just didn't put out any report without, you know, substantive, you know, audit evidence to back it up. We have it, and I'm very prepared, and able, and ready to meet with them and talk about them. Commissioner Spence -Jones: Thank you, so much, Victor, and thank you, board members and Elaine for joining us. We appreciate it, and well move to the next level. Mr. Chiverton: Thank you. Chairman Gonzalez: All right. It's 12:15. We're going to recess for lunch. We should be back by 2:30. City of Miami Page 42 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 PH.1 06-01114 Department of Public Works 10:30 A.M. PH.2 06-01115 Department of Community Development PUBLIC HEARINGS ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A NON-EXCLUSIVE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PIVOTAL UTILITY HOLDINGS D/B/A FLORIDA CITY GAS, PREVIOUSLY NUI UTILITIES, INC., D/B/A NUI CITY GAS COMPANY OF FLORIDA D/B/A FLORIDA CITY GAS, FOR A TERM OF FIFTEEN (15) YEARS WITH UP TO THREE (3) OPTIONAL FIVE (5) YEAR EXTENSIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01114 Legislation.pdf 06-01114 Exhibit.pdf 06-01114 Summary Form.pdf 06-01114 Memo. pdf 06-01114 Notice of Public Hearing .pdf 06-01114 Text File Report.pdf WITH DRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT $175,000, FROM THE CITY OF MIAMI REVOLVING LOAN PROGRAM; ALLOCATING SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING, FOR THE CONSTRUCTION OF A SURFACE PARKING LOT LOCATED AT 240 NORTHWEST 11 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01115 Legislation.pdf 06-01115 Exhibit.pdf 06-01115 Exhibit 2.pdf 06-01115 Exhibit 3.pdf 06-01115 Summary Form.pdf 06-01115 Public Notice .pdf 06-01115 Text File Report .pdf 06-01115 Legal Description .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Haskins and Sanchez R-06-0418 Chairman Gonzalez: OK PH.2. City of Miami Page 43 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Barbara Gomez -Rodriguez (Director): Barbara Rodriguez, Department of Community Development. PH.2, we're requesting the approval to transfer funds in the amount $175, 000 from the City of Miami revolving loan account to City of Miami Department of Off -Street Parking for the construction of a parking lot at 240 Northwest 11 th Street. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. We need a motion. Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.3 06-01116 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY Development SHELTER GRANT ("ESG") FUNDS, IN THE AMOUNT $50,000, FROM BETTER WAY OF MIAMI, INC.; ALLOCATING SAID FUNDS, TO SUNDARI FOUNDATION, INC., FOR EMERGENCY SHELTER AND TRANSITIONAL OPERATING COSTS AT THE LOTUS HOUSE, A FACILITY LOCATED AT 217 NORTHWEST 15 STREET, MIAMI, FLORIDA, WHICH HOUSES THIRTY (30) HOMELESS WOMEN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESG AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01116 Legislation.pdf 06-01116 Exhibit.pdf 06-01116 Exhibit 2.pdf 06-01116 Exhibit 3.pdf 06-01116 Summary Form.pdf 06-01116 Public Notice.pdf 06-01116 Text File Report.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0419 Chairman Gonzalez: PH.3. Barbara Gomez -Rodriguez (Director, Community Development): PH.3, we're requesting approval to transfer emergency shelter grant funds in the amount of $50,000 from Better Way of Miami, Inc., and allocating said funds to Sundari Foundation, Inc., for an emergency shelter and transitional operating costs. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is City of Miami Page 44 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 closed. Do I hear a motion? Commissioner Spence -Jones: Yes. I'd like to move this item, and I just want to make a comment after. I'd like to move it. Commissioner Regalado: Second. Chairman Gonzalez: OK We have a motion and we have a second. Discussion. Commissioner Spence -Jones. Commissioner Spence -Jones: I just wanted to at least acknowledge the Lotus House. This is a program that's supporting the homeless women in Overtown. They're doing a outstanding job, and these dollars are definitely needed to help rehab the new building that they would have, so congratulations. Chairman Gonzalez: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed, say "no." Ms. Gomez -Rodriguez: PH (public hearing) -- Chairman Gonzalez: The ayes have it. PH.4 06-01117 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, IN THE AMOUNT OF $18,900, FROM CENTER OF INFORMATION AND ORIENTATION, INC.; ALLOCATING SAID FUNDS, TO CENTER OF INFORMATION AND ORIENTATION, INC., TO PROVIDE LONG TERM RENTAL ASSISTANCE, TO AN ADDITIONAL TWELVE (12) HOPWA PARTICIPANTS, INCREASING THEIR CURRENT CONTRACTED CASELOAD; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT WITH SAID AGENCY, FOR SAID PURPOSE. 06-01117 Legislation .pdf 06-01117 Exhibit .pdf 06-01117 Exhibit 2.pdf 06-01117 Exhibit 3.pdf 06-01117 Exhibit 4.pdf 06-01117 Summary Form.pdf 06-01117 Public Notice. pdf 06-01117 Text File Report .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0420 Barbara Gomez -Rodriguez (Director, Community Development): PH.4 -- City of Miami Page 45 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: PH.4. Ms. Gomez -Rodriguez: -- we are requesting approval on extending a con -- of Housing Opportunity for Persons with AIDS (Acquired Immune Deficiency Syndrome) funds, in the amount of $18,900 from Center of Information and Orientation for an additional 12 months. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, we have a second. Discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The ayes have it. PH.5 06-01118 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AMENDING THE MULTI -FAMILY REFINANCING Development GUIDELINES, AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED. 06-01118 Legislation .pdf 06-01118 Exhibit .pdf 06-01118 Summary Form.pdf 06-01118 Text File Report .pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0421 Chairman Gonzalez: PH.5. Barbara Gomez -Rodriguez (Director, Community Development): PH.5, we are requesting approval to amend our multifamily refinancing guidelines, and the change will be, number one, on the repayment requirements, we have changed -- the City loan will be for a -- instead of a maximum, will be for a minimum of 15 years, and also, the repayment to the City of Miami loan will commence six months after loan closing. Commissioner Spence -Jones: Public hearing. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. Is there a motion? Commissioner Regalado: I'll move for comment, Mr. -- Commissioner Spence -Jones: Second. City of Miami Page 46 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: OK We have a motion and we have a second. Discussion. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. This is important because the guidelines are needed for restructuring the way that we are serving the community, but there's also another issue. Most of the people that we help with the single rehab program are elderly, people retired, with a fixed income. Most of them have their old, little homes that already they paid for -- Ms. Gomez -Rodriguez: Right. Commissioner Regalado: -- so if the home is paid for, there's no need for you to have insurance, but when the City comes in and tries to help these people, the City, of course, demands insurance. As a matter of fact, State Farm and Nationwide, yesterday, asked for a 70 percent increase in their rates for South Florida. With the rates as they are, it's impossible for a person with fixed income to access insurance, and then it would be impossible for that person to access the money from the City to help them -- Ms. Gomez -Rodriguez: That's true. Commissioner Regalado: -- redo the roof, or the house, or whatever, so Barbara, I -- you know, I'm troubled because this is like, you know, a closed circle. We go around and around, and they don't have the money, they cannot get the money, and to get the money, they have to go broke. Ms. Gomez -Rodriguez: It is a true statement. We've been looking at it. We even wrote to the State to determine if we could waive the insurance requirement. The State has basically told us we could, as long as the City Commission approves it. We have an item coming to the City Commission in September to address the issue of the elderlies [sic] and our single-family rehab. We are aware, Commissioner, and we talked about it, that some of the elderly, especially, have had to -- they would have to get $200 a month to pay just for the insurance, so we will be coming back to the City Commission to request that, on the elderly, we will not be requesting insurance coverage. Commissioner Regalado: OK, good. Chairman Gonzalez: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.6 06-01191 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL Development ACTION PLAN FOR FISCAL YEAR 2006-2007, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2006-2007, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. City of Miami Page 47 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-01191 Legislation .pdf 06-01191 Exhibit.pdf 06-01191 Exhibit 2.pdf 06-01191 Exhibit 3.pdf 06-01191 Exhibit 4.pdf 06-01191 Exhibit 5.pdf 06-01191 Exhibit 6.pdf 06-01191 Exhibit 7.pdf 06-01191 Exhibit 8.pdf 06-01191 Exhibit 9.pdf 06-01191 Exhibit 10.pdf 06-01191 Exhibit 11.pdf 06-01191 Exhibit 12.pdf 06-01191 Exhibit 13.pdf 06-01191 Exhibit 14.pdf 06-01191 Exhibit 15.pdf 06-01191 Exhibit 16.pdf 06-01191 Exhibit 17.pdf 06-01191 Exhibit 18.pdf 06-01191 Exhibit 19.pdf 06-01191 Exhibit 20.pdf 06-01191 Exhibit 21.pdf 06-01191 Exhibit 22.pdf 06-01191 Exhibit 23.pdf 06-01191 Exhibit 24.pdf 06-01191 Summary Form.pdf 06-01191 Text File Report.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0422 Chairman Gonzalez: PH.6. Barbara Gomez -Rodriguez (Director, Community Development): PH. 6, we're requesting the approval of the City of Miami Annual Action Plan for fiscal year 2006/2007, and incorporating all of the funding recommendation that you have approved up to now for 2006/2007. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.7 06-01192 RESOLUTION City of Miami Page 48 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE, WITH PARCEL Development REVERTER PROVISIONS, OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), TO MADISON HOUSING, LTD., FOR THE DEVELOPMENT OF AFFORDABLE RENTAL AND/OR HOMEOWNERSHIP UNITS ("PROJECT"); REQUIRING SAID DEVELOPER'S ASSUMPTION OF THE CITY'S TOTAL INVESTMENT IN THE PROJECT AND THE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 06-01192 Legislation.pdf 06-01192 Exhibit.pdf 06-01192 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0423 Direction by Vice Chairman Sanchez to the Administration to ensure that organizations are not funded to fail and that the organizations are completing the work they have committed to do. Chairman Gonzalez: PH.7. Barbara Gomez -Rodriguez (Director, Community Development): PH. 7, we're requesting approval to convey City -owned parcels of land with partial reverter provisions, and I would have to make two changes on the floor to the resolution. Number one, in the resolution, we want to make the change where it says, "Whereas, Madison Housing, Ltd consists of a partnership controlled by the Gatehouse Group and Mt. Zion Development, Developer," and the other change that we want to incorporate is "Whereas, the Developer will have 39 months from the date of conveyance of the Property to start construction, and 57 months to complete the first phase of at least 75 units," and this is -- it's needed due to tax credits. They will be applying for tax credit. We hope to get it, but in the event that we don't get it in that cycle, they will have enough time to go again and compete, so we feel very comfortable that that is the type of changes that we will need to do to this resolution. This is basically the parcel of land that, on May 11, 2006, the City Commission approved to rescind to come back to the City. It used to be handled by Rockwood Properties, and this was the 40 single-family affordable housing units we were going to build It also says that there is an existing debt of 1, 650, 506.60 that we will leave on the property, and again, it will be rental units; applicants at 80 percent of median income. It is also going to have homeownership units, and those homeownership units will be for people up to 120 percent of median income. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed Jorge L. Fernandez (City Attorney): Mr. Chairman, is the Clerk clear on the changes between the item that was admitted through the agenda and the new item? Priscilla A. Thompson (City Clerk): Yes, we are. We were given the amendments. Mr. Fernandez: OK Ms. Thompson: Thank you. City of Miami Page 49 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: All right. We need a motion. Commissioner Spence -Jones: Yes. I'd like to move it, but I'd like to also make a comment. Vice Chairman Sanchez: Second -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- for the purpose -- Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: -- of discussion. Chairman Gonzalez: -- and we have a second. Discussion. Commissioner Spence -Jones. Commissioner Spence -Jones: First of all, I want to say at least -- I'm so glad that Community Development has been able to really, really move this project to the next level. As you know, these -- this aban -- really, I would say, abandoned shell property -- Ms. Gomez -Rodriguez: Yes. Commissioner Spence -Jones: -- has been vacant for a very long time, and we -- I think it's almost been ten years -- Ms. Gomez -Rodriguez: Correct. Commissioner Spence -Jones: -- we've been trying to get this project moving, and I'm glad to know that we were able to bring in Historic Mount Zion CDC (Community Development Corporation), along with the Gatehouse Group. As you know, we have a great project that we just unveiled three months ago, and now we're getting ready to do another one off 7th Avenue and 5th Street, called Tuscan Place, and I'm so proud of these buildings, and this is -- this will be in addition to those buildings that are already up now, so I just want to commend Community Development, Gatehouse, historic Mount Zion for a job well done, and making sure that we have housing in Overtown. Thank you. Chairman Gonzalez: All right. Vice -- Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: -- Chairman Sanchez. Vice Chairman Sanchez: On discussion, Barbara, this piece of property that we are discussing has had a bad history when it comes to providing affordable housing to those needy in the area. Ill tell you what I like about this resolution, and it's where the developer will have 39 months from the date of conveyance of the property to start the construction, and 57 months to complete the first phase of all of at least 75 units, and we need to make sure that not only do we provide assistance to make sure that people -- we don't fund them to fail, that we do everything that we can for them to be able to accomplish what they want to accomplish, but we need to hold these organizations, their feet to the fire -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Sanchez: -- so as the executive director, which you are, of Community City of Miami Page 50 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Development, we need to make sure that we not only develop that land, but we get it done as quickly as possible, all right? Ms. Gomez -Rodriguez: We will. Chairman Gonzalez: Any further discussion? Hearing none -- did I open a public hearing? Yes, I did. Ms. Thompson: Yes, you did. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion -- Ms. Gomez -Rodriguez: Thank you. Chairman Gonzalez: -- carries. City of Miami Page 51 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 ORDINANCE - SECOND READING SR.1 06-00465 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Police 42/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/POLICE TOWS," MORE PARTICULARLY BY AMENDING SECTION 42-119 OF SAID CITY CODE BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE POLICE DEPARTMENT AND DEPARTMENT OF OFF-STREET PARKING DISPATCHED TOWING AND WRECKER SERVICE FOR PRIVATE VEHICLES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION ; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 06-00465 SR Legislation.pdf 06-00465 FR Legislation.pdf 06-00465 Summary Form FR/SR.pdf 06-00465 Email FR/SR.pdf 06-00465 Text File Report FR/SR.pdf 06-00465 Summary Fact Sheet.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12828 Chairman Gonzalez: All right. Let's move to SR.1. Commissioner Spence -Jones: Are we doing PH.1 ? Vice Chairman Sanchez: Huh? Commissioner Spence -Jones: We're not going to do PH.1 ? Chairman Gonzalez: SR.1. Vice Chairman Sanchez: SR.1. Commissioner Haskins: It's police towing. Chairman Gonzalez: It's an ordinance. Vice Chairman Sanchez: Is that the towing? So move. Chairman Gonzalez: This is from the Police Department. Vice Chairman Sanchez: This is on second reading. Chairman Gonzalez: Right. Vice Chairman Sanchez: So move. City of Miami Page 52 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: Second. Commissioner Haskins: Second. Chairman Gonzalez: OK We have a motion and we have a second. It's an ordinance. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. No? Seeing none, hearing none, the public hearing is closed. Discussion. I only have a question. I know there was a concern from the industry relating to the rates that they were charging, and they made quite a few points regarding the cost -- additional cost of insurance and the additional cost of fuel and everything else. My question is, have their rates been increased? Yes, Major. No. I'm talking to you. Assistant Chief Adam Burden (Police): Oh, not me? Chairman Gonzalez: Yes, sir. Assistant Chief Burden: Yes. The rates have -- since it passed -- Commissioner Spence -Jones: Your name. Assistant Chief Burden: -- and it will be increased. Commissioner Spence -Jones: Your name. Assistant Chief Burden: Oh, Assistant Chief Adam Burden, City of Miami Police Department, and yes, they have been increased with the -- Chairman Gonzalez: All right. Assistant Chief Burden: -- passing of this ordinance, yes. Chairman Gonzalez: All right, chief. I see nobody from the industry getting up, so you're OK All right. Roll -- Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City of Miami Page 53 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 ORDINANCES - FIRST READING FR.1 06-01202 ORDINANCE Office of the City Attorney First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-5 ENTITLED "BUILDINGS/IN GENERAL/WAIVER OF FEES," TO EXEMPT SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01202 Legislation.pdf 06-01202 E-mail.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to provide a flyer, when code enforcement letters are issued, detailing the program available for qualified individuals in the City of Miami that waives payment of building permit fees. Chairman Gonzalez: All right. FR.1. Jorge L. Fernandez (City Attorney) : FR.1. Chairman Gonzalez: FR.1. Mr. Fernandez: Mr. Lima will make a presentation on FR.1. Hector Lima: Thank you. Hector Lima, director of the Building Department. As per your request, we went ahead and presented to you a very similar ordinance that the County have -- had done; it's almost identical. As far as your fiscal impact request, there was no way that we could find the relationship between those exempt people and the violations and the (UNINTELLIGIBLE), so at this time we don't have a number. Commissioner Regalado: No, but the only thing we need is whenever any Code Enforcement inspector issues a violation, that a note will be attached saying, the City of Miami recently approved an ordinance stating that senior citizens who qual for the second $25, 000, which brings them to the neap poverty level, will not have to pay the permit, in case that they want to get their house up to code. That's all that there is to it. I mean, they don't even have to explain. Just add to -- like a small bulletin or something like that. Mr. Lima: We can actually do a flyer, and when they come to apply for the permit, we'll go ahead and proceed with that. Commissioner Regalado: It's the same, but you know, it's better to let them know before they are going to apply for the permit, because that way, you eliminate the hassle of these people trying to get some money because they think that they have to pay, in case that they want to be up to code. Mr. Lima: Correct. We're going to waive permit fees. Every other fee that they have to pay, the architects, et cetera, they will have to pay those. Commissioner Regalado: Yeah, of course. City of Miami Page 54 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Of course. Commissioner Regalado: OK. Vice Chairman Sanchez: All right. Just on legal opinion on this issue. Now, we talked about clear definition. It's a clear definition as to the ordinance in itself -- Mr. Lima: Yes. Vice Chairman Sanchez: -- who qualifies? All right. Mr. Fernandez: We believe there is sufficient clarity; it's limited, but the -- it has -- the way it's drafted, it's very clear as to who can benefit from this program, people who are -- perhaps, you - - would you walk through -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: -- the exceptions to make it clear that it has to be someone on fixed -- Commissioner Spence -Jones: Age -- Mr. Fernandez: -- income -- Commissioner Spence -Jones: -- and all that. Mr. Fernandez: -- they have to be of a certain age, all of the criteria that we have placed on the ordinance? Mr. Lima: Sure. Vice Chairman Sanchez: All right. I'm comfortable with it. I believe, Commissioner Regalado, you're going to make the motion; I'll second it. Commissioner Regalado: Yeah, I'll move it, and you know, you don't have to even explain; whoever qualify for the second -- Mr. Lima: Correct. Commissioner Regalado: -- $25,000. It's been qualified already. We don't have to even investigate. Mr. Lima: That's correct. Commissioner Regalado: If you have a second homestead exemption, you qualms because you have to send the County, you know, all the details of your income and social security and income tax, if you do a report every year, and if you don't, you send checks and all that. Vice Chairman Sanchez: So this ordinance is basically a cookie cutter from the County? Mr. Lima: Exactly. Let me ask you one question, though, Commissioner. If they are not exempt from the previous year and they do qualms --? Commissioner Regalado: Oh, absolutely, they qualms. City of Miami Page 55 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Lima: They qual fr, OK Commissioner Regalado: They qualms. Mr. Lima: So they don't have to come with the County's -- Commissioner Regalado: They don't have to come -- Mr. Lima: OK Commissioner Regalado: -- because they qual. Chairman Gonzalez: Mr. City Attorney. Mr. Fernandez: Yeah, and perhaps, what you need to do, Commissioner Regalado, is break up your motion, the motion for this item, separate from the direction you -- I understood you to give that when Code Enforcement does the actual citation, that it be accompanied with a notice of the existence of this program, because this ordinance doesn't contain that reference at all -- Commissioner Regalado: No. I understand. Mr. Fernandez: -- so -- I mean, just to make sure that, by passing this ordinance, there is no further execution of what you would have liked to see done. Vice Chairman Sanchez: Why couldn't this ordinance be amended on the floor? Mr. Fernandez: Because it's best for the ordinance just to deal with the program itself, and then what Commissioner Regalado brought up is really an issue that pertains to Code Enforcement, so it'd be much more appropriate for directions to be given to the City Manager to instruct that Code Enforcement, upon giving citations, include some sort of notice or reference to this program. Vice Chairman Sanchez: All right, so you want to separate them? All right. Mr. Fernandez: Yes. Vice Chairman Sanchez: Let's vote on the ordinance, and then we'll bring it up, and then we'll make a motion directing exactly what you stated on the record, all right. Chairman Gonzalez: All right. We have a motion and we have a second. It's a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, read the ordinance. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City of Miami Page 56 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Vice Chairman Sanchez: All right. Commissioner Regalado: OK. The second motion is to direct the Administration, especially Code Enforcement, to include, whenever this ordinance is enacted, beginning on that time, a note when Code Enforcement letters are sent saying that the City has a program for senior citizens who qual for the second -- a homestead exemption, and that they should check with the Building Department when they decide to get their house up to code -- Mr. Fernandez: In compliance. Commissioner Regalado: -- that they will be exempt from any payments of permits, and we include the payment for variance, if they have to do it, right? Vice Chairman Sanchez: And waive variance? Commissioner Regalado: No, no, waiving the payment for variances. Chairman Gonzalez: Well -- Mr. Fernandez: Well -- Vice Chairman Sanchez: Wait a minute. Hold, hold. Mr. Fernandez: -- I don't know that variances -- Chairman Gonzalez: -- that is an expensive -- Mr. Fernandez: -- are included. Vice Chairman Sanchez: No, no, no, no, no. Commissioner Regalado: That's the County's. Mr. Fernandez: Lima -- Commissioner Regalado: Remember -- Mr. Fernandez: -- I don't -- Commissioner Regalado: -- that we talk, that you said there are other departments that have permits, right? Mr. Lima: The Building Department, when they -- when we issued a permit, there are fees associated with other departments, just like the County has. Commissioner Regalado: OK. Mr. Lima: OK. Now, as far as variances, that is a separate entity that is handled separate from the Building Department. Commissioner Regalado: No, I didn't say waive variances. Mr. Lima: OK Commissioner Regalado: II said to waive the payment for -- in case that they want to go to a City of Miami Page 57 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 FR.2 06-01206 Office of the City Attorney variance. Mr. Lima: But, again, like -- Mr. Fernandez: But this ordinance does not take care of that. Commissioner Regalado: It doesn't, OK -- Mr. Lima: Right. Commissioner Regalado: -- so -- OK. That -- I'm -- Mr. Fernandez: All right. Commissioner Regalado: Fine, fine. Vice Chairman Sanchez: I mean, if it's -- look, very clear. This is very clear. Let's not confuse the issue here. If it's a motion directing the Administration, which I think is the proper motion to make, to clearly provide all those that qual i, through Code Enforcement, the proper notification, I am all in favor of it, but when you start adding stuff to it, that you're going to be waiving this and waiving that, don't count me in it, so is that the motion you're making? Commissioner Regalado: That's the motion. Vice Chairman Sanchez: I will second the motion, as long as it doesn't speak about waiving any fees or whatever, all right. Second. Chairman Gonzalez: All right. We have a motion and we have a second. Any further discussion on the item? Hearing none -- Vice Chairman Sanchez: Call the question. Chairman Gonzalez: -- all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. ORDINANCE First Reading AN ORDINANCE SCHEDULING AN ELECTION TO FILL, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 2; SETTING NOVEMBER 7, 2006, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING SEPTEMBER 8, 2006 THROUGH SEPTEMBER 23, 2006, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; FURTHER, SCHEDULING A RUN-OFF ELECTION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 2, SAID ELECTION TO BE HELD ON NOVEMBER 21, 2006, UNLESS SAID OFFICE HAS BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE ELECTION TO BE HELD ON NOVEMBER 7, 2006; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH City of Miami Page 58 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS ORDINANCE'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01206 Legislation FR/SR.pdf 06-01206 Cover Memo FR/SR.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. Let's move to FR.2. Madam City Clerk, I believe that's your item. Priscilla A. Thompson (City Clerk): Actually, it's the one on the election. Both the City Clerk's Office and the City Attorney's Office is working on that, and it is to establish our special election for the District 2 vacancy, if we should have to have one, and that's all the information pertaining to that. Chairman Gonzalez: All right, so -- Maria J. Chiaro (Assistant City Attorney): And -- Chairman Gonzalez: -- this is an ordinance. Ms. Chiaro: -- in addition, it changes the date of the runoff election to two weeks from the date of the general election. Chairman Gonzalez: All right, so it's an ordinance, right? Ms. Chiaro: Yes, it is. Vice Chairman Sanchez: Yep. So moved. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. This requires a public hearing, I'm sure. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, would you please read the ordinance? The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. City of Miami Page 59 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City of Miami Page 60 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 RESOLUTIONS RE.1 06-01119 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvement SERVICES AGREEMENT DATED DECEMBER 30, 2004, WITH THE Programs/Transpor CORRADINO GROUP, INC., PURSUANT TO REQUEST FOR tation QUALIFICATIONS NO. 03-04-131 APPROVED BY RESOLUTION NO. 04-0792, ADOPTED DECEMBER 9, 2004, FOR THE PROVISION OF CONSTRUCTION ENGINEERING OBSERVATION SERVICES ON A CONTINUING BASIS FOR MISCELLANEOUS HORIZONTAL PROJECTS, IN AN AMOUNT NOT TO EXCEED $310,000, INCREASING THE CONTRACT FROM $750,000 TO $1, 060, 000; ALLOCATING FUNDS FOR SAID INCREASE, FROM VARIOUS FUNDING SOURCES, INCLUDING THE APPROPRIATE CAPITAL IMPROVEMENTS PROGRAM PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01119 Legislation.pdf 06-01119 Exhibit.pdf 06-01119 Summary Form.pdf 06-01119 Master Report.pdf 06-01119 Table of Contents.pdf 06-01119 Professional Services Agreement.pdf 06-01119 Definitions.pdf 06-01119 Certificate of Authority.pdf 06-01119 Scope of Work. pdf 06-01119 Pre -Attachment. pdf 06-01119 Work Order.pdf 06-01119 Consultant work Order.pdf 06-01119 Estimate of Work Effort.pdf 06-01119 Pre -Attachment 2.pdf 06-01119 Pre -Attachment 3.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-06-0426 Chairman Gonzalez: All right. RE.1. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improve to Transportation [sic]. RE.1 is requesting a change to the professional service agreement with the Corradino Group, who are providing construction engineering and observation services for the Flagler Street Marketplace project. This increase will allow Corradino Group to provide these services through the duration of construction, and this increase is being made in direct proportion to the construction duration time frame. Chairman Gonzalez: All right. Is there a motion? City of Miami Page 61 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: So moved. Commissioner Haskins: Second for discussion. Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Haskins. Commissioner Haskins: You know, I know that we've got to move the capital improvement projects, but this is a pretty significant increase in the contract, nearly 50 percent increase. Was there a thought to rebidding, sending out new RFQs (Requests for Qualifications) to fill the need for this sort of services, or is this a situation where you wanted to keep the same company on through the construction phase? What's happening here? Mr. Fabrikant: In this instance, for providing the construction engineering observation services, it's in the best of the City to continue to use the Corradino Group. If we go out to bid now or change the firm that's providing these services, we'll have sufficient delays while they have a learning curve for the new firm, and it actually will also increase costs due to those delays and due to the cost of a new firm coming in and having start-up costs associated with their learning curve. Commissioner Haskins: Why wouldn't it have been bid out as that, in the first place, as a continuation? Mr. Fabrikant: Well, the CEO (Construction Engineering Observation) services were actually bid out over a year, year and a half ago, and they were bid out as miscellaneous professional service agreements. Commissioner Haskins: Um -hum. Mary Conway (Director, Capital Improvements & Transportation): Mary Conway. I'd like to also add, the use of the word "bid" may not be the most appropriate. These are professional services. The selections of the firms for these services are made based on qualifications, so when Gary's stating that there was a solicitation over a year ago that brought on a group of 23 firms to provide inspection services for both street projects and vertical projects, this is one of those, and the reason that you're seeing this before you is this is a firm that's out there now doing the work, and it's really an issue of continuity to be able to just let them complete this project, and then this contract will be done. Commissioner Haskins: I think the only issue here -- and I under -- I mean, I really understand the need to have continuity and all of that, but we start out with a contract of 750, and then we change it without a new RFQ, or you know, via Commission resolution, by nearly 50 percent. We have -- the next item is a similar sort of item, so it would be nice to have more of an explanation of why we need to do that rather than doing a new RFQ or why we are anticipating that in the first place. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Linda, you are so nice. You say the things, but you do it in a nice -- in a very nice way. Gary explained to me the three items that they have. I only have a problem with this one. I do have a problem. I understand that if we're talking about construction -- steel has gone up, cement has gone up, everything has gone up. Construction -- and fine -- you know, if we need to appropriate more money, I'm fine, but to supervise, to look, it's -- for me it's too much, and I -- you know, I am very uncomfortable with this, especially because we have to follow City of Miami Page 62 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 the same philosophy. We did that in -- with the Orange Bowl this morning. I mean, when you get into a contract, you know that there could be hurdles, and there's going to be some problems, but you cannot expect us to pay for the problems that you encounter, and I understand. You explained to me the utilities and all that. I'm fine with the other issues that CIP (Capital Improvements Program) have, but this one, I do have a problem because I can -- I still don't understand why do they charge so much just for supervising a project that is so limited. It's only Flagler. I mean, it's not that we're building the whole Biscayne Boulevard. It's only a few blocks on Flagler Street, so that's what I wanted to say on this matter. Ms. Conway: Mary Conway. In response to those comments, this contract, like the other professional services contract, is negotiated based on job qualifications and hourly rates, so we negotiate whether we need a senior inspector, an inspector, a technician, a project manager, and the appropriate hourly rates for those positions based on their level of effort, similar to what we do for any staff positions that the City would have. In the case of the Flagler Street Marketplace project, these are people who are out there in the field at night when the contractor is out there making sure that the project is being built according to the plans and specifications. This project initially was intended to have been completed by Thanksgiving of last year. We've been before you with contract increases for the construction contract because there were problems with the underlayment material under the existing pavers that weren't discovered until they were removed. There were also issues associated with some storm delays, but utility conflicts with signals. Because of those delays, these people have to be out there. We don't want to have the contractor working without supervision and making sure that the work's being done, so it's not really an issue of additional costs; it's a project that, unfortunately, is in downtown. It's very complicated area to work, and difficulties were encountered that delayed the project, and this is proportionate to that. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman, if I may? Chairman Gonzalez: Yes, Mr. Vice Chair. Vice Chairman Sanchez: Thank you. I don't want to be put in this situation, and I'm certain that the Commissioners do not want to be put on this situation. This is not the first item that's in front of us that is -- basically, this is a change order. You're asking for more money for a project that was bidded out for that price and, apparently, it can't be done, and you have to come in front of us for more money. If this was the private sector -- when someone bids on a job and they get awarded that contract, they are responsible for that amount. In other words, if you don't complete my project with the money that you have, you've got to get it done; or it's your responsibility, not ours, OK On the issue itself, you're talking a significant increase, and as I stated before, this is not the only project that's come in front of us that have -- you had to bring in front of us for a change order, you know. I don't think it's best practice when we start doing this, you know. In the private sector, if you do a job and you finish before the date of completion, people are rewarded. Now, if you don't finish, people are penalized, and those are the things we need to be starting here to do, because we have too many projects that are coming in front of us with, one, either over budget and we have to approve, and then there are all kinds of excuses, but at the end of the day, those excuses, I certainly don't buy. Downtown is not a lively 24-hour downtown, so after 5 o'clock, it's a ghost town. There's an excuse why you can't be working out there. The only viable excuse that I could really accept, maybe both hurricanes that came through, but I just want to continue to -- I want to make sure to emphasize, Mr. City Manager, through you, that -- Pedro G. Hernandez (City Manager): Yes, sir. Vice Chairman Sanchez: -- capital improvement projects, which are very important to our City - City of Miami Page 63 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 - you know, we need to start putting down some type of rules that once we bid out a job, you try to do everything you can to make sure that amount completes the job; don't come back to us, unless it's a dire emergency that we need a change order, because it's not best practice, and we need to change the culture in our City today as we continue to move forward to improve the quality of life in our community, and it's not happening, so maybe you want to elaborate a little bit on that on your first day as the City Commissioner -- City Manager. Mr. Hernandez: Thank you, thank you. Mr. Chair, if I may? Chairman Gonzalez: Yes, sir. Mr. Hernandez: I'm not totally familiar with the specifics. However, I do have a lot of experience in this type of issue. We're dealing with two elements here; one is the construction contract. The construction contract itself, from what I've -- my understanding, is that it has been extended because of unforeseen conditions in the field, et cetera, et cetera. The item that we have before you here today is an item that deals with the inspection of the construction, not the construction itself, but the inspection. Since the construction contract is taking longer, then we need to provide inspection for a longer period, and that's why this inspection contract needs to be extended in order to provide the inspection. My first concern here would be to look at the construction contract. If we can keep the construction contract within the originally prescribed period, then we wouldn't have to spend additional monies in inspection, so -- Vice Chairman Sanchez: That's what I'm trying to get at. How do we -- Mr. Hernandez: -- and -- Vice Chairman Sanchez: -- get to that position? Mr. Hernandez: -- so I think that we have to be vigilant on both. We have to be vigilant on the construction contract and try to have a reasonable construction period to start with and hold the contractor to that period the best we can. If we ensure the time period for construction, then we'll keep a cap on the inspection dollars that this item refers to. I'll be more than happy, I mean, to work with Capital Improvements. I'm very familiar in these issues, and help you whichever way I can to take care of your concerns. Your concerns are valid. If we engage in a contract for a certain amount of money, why now being faced with paying an additional 50 percent? But it's important to know that this deals with inspection, not the construction contract, so Commissioner Regalado: Precisely. Mr. Hernandez: -- my first commitment or my first item here is that -- Vice Chairman Sanchez: Hold on. Mr. Hernandez: -- I'll take a look at it, definitely. Vice Chairman Sanchez: Mr. City Manager, to prevent this type of incident from ever happening again, does the City have in place or would entertain maybe in the future such an initiative program as to companies when they finish their -- they bid out a project, and if you finish within "X" amount of time, you know, you're given a bonus, but if you don't finish at that time, then, you know, you have to pay us? Mr. Hernandez: Right. Normally, that's -- there are liquidated damages whenever they exceed the contract time. There are contracts that allow for bonuses if they deliver and complete the project in advance. I don't know what are the particulars in this contracts, but there are City of Miami Page 64 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 mechanisms that allow for that, and I think that in working with the County Attorney's Office, we could look at, you know -- Vice Chairman Sanchez: We -- Mr. Hernandez: -- potential contracts in the future that have that Vice Chairman Sanchez: -- should explore that -- Mr. Hernandez: -- a plus and a minus. Vice Chairman Sanchez: -- and let me tell you why. Capital improvements throughout the City - - and let me -- it's a monumental task. I don't care how you define it. I don't care how you do it. You're talking $255 million projects. You're -- I mean, money -- you're talking about hundreds and hundreds of major projects in the City, so I mean, it's hard to get a grasp and control everything to get it done, but what is happening, and we see it with different types of projects -- because we see it in my district, and I -- maybe I could -- since we can't talk about this under the Sunshine, maybe now is the appropriate time for some of the Commissioners -- a lot of the companies bid on a job; they get that job; they start working on that job, and then, boom, they have other work in the private sector, and then they start emphasizing their resources to the private sector because, in the private sector, if you don't get it done, you're penalized. In the City, whenever you finish it, it's perfectly fine with us, and it puts us in a bind, and CIP needs to have teeth to prevent those types of inconveniences and changes of orders and bad practices happening in the City. Mr. Hernandez: Commissioner, if I may. It even happens among governmental entities. I know of a governmental project by the County -- Commissioner Spence -Jones: I was going to -- I was -- Mr. Hernandez: -- that it was actually delayed because the FDOT (Florida Department of Transportation) had a project on Biscayne in which they had a bonus on that contract, so the project that the County had on Coral Way was delayed because of exactly the same problem. Commissioner Spence -Jones: And Mr. City Manager, I just want to add, because while I do realize that we definitely have some issues that we need to work on, and I'm glad that you're going to be here to help us work through some of those issues, but I do want to add -- because sometimes, you know, when we start comparing -- and not saying anything about where you came from, a County perspective -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- but I got two projects in my district right now that are County -related projects that, you know, have changed three or four different times, not saying that it was your responsibility. I'm just simply making a point. I think, from a CIP standpoint, our CIP Department, one in particular project, three, four years I've been working on trying to get done, which is the MLK (Martin Luther King) Boulevard project, and I'm -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- sure you're aware of that particular -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- project. It's taken crazy amount of time to get it done, you City of Miami Page 65 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 know, from the County's perspective, but from our CIP Department's perspective, we were able to move that project along rather quickly because we just couldn't wait on, you know, another municipality to make it happen, and my point in all of this -- and I'm not disagreeing, because I have other issues on -- there's something that's going to come up later regarding, you know, one of my parks, which is a CIP-related project, but I want to have a understanding from Mary and her team regarding when was this project supposed to start and when was it supposed to end. Can I at least know like -- because you mentioned three hurricanes, which were three hurricanes Vice Chairman Sanchez: Two. Commissioner Spence -Jones: -- did take place -- two -- three. Vice Chairman Sanchez: Two that I'm aware of. Commissioner Spence -Jones: Rita, Katrina, and what's the other one? Commissioner Regalado: Wilma. Commissioner Spence -Jones: Wilma. Ms. Conway: The project started -- Vice Chairman Sanchez: I must have missed Rita. Ms. Conway: -- in February of 2005, and the original desire and intent was for the project to be completed by Thanksgiving 2005. The contract does include provisions for liquidated damages. The contract also included a provision for a bonus, if the contractor had been able to successfully complete the construction by Thanksgiving of 2005. Unfortunately, unforeseen circumstances that could not have been known or were not known contributed to the delays in this particular instance -- Commissioner Spence -Jones: I wanted -- Ms. Conway: -- and it -- Commissioner Spence -Jones: -- I just wanted to make sure you put that on record, and you brought it up, my wonderful colleague over here, about the hurricane situation. I think it's important to say that that was a part of the delay in all of this, so I just think this -- and I'm not making any excuses up for anything else that's not moving, like my parks, but I just simply want to say, you know, I think it's important to at least acknowledge, you know, why there might have been a delay and why we're -- now needing to hire a company to oversee, you know, making sure the work gets done. Ms. Conway: And I can assure you that, at the end of this construction project, that there will be a complete assessment with Capital Improvements and the Law Department to make sure that whatever appropriate next steps need to be taken are taken. Commissioner Spence -Jones: OK. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: The Manager that is an expert on those things said, well, the problem here is the construction, and I think he's right, but the second -- the other part of the story is that the people that we are paying to supervise are the one that should be on top of the construction City of Miami Page 66 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 problems, and you know, if we pay some people to make other people work, why do we have to pay these people more money so the people can keep fixing what they did wrong or what they didn't do? They should have done it from the beginning. I mean, that is a company that is supposed to supervise, so if there is some fault in the construction timeline, the supervisor should have been aware, so that's my whole problem, and I just think that it looks really bad that we have to do this in public, but it needs to be done. I cannot support this. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Chairman Gonzalez: Any further discussion? Hearing none, do I have -- do we hear a motion or --? Commissioner Spence -Jones: I thought we did a motion already. Vice Chairman Sanchez: They already did. Chairman Gonzalez: No. Vice Chairman Sanchez: Just a roll call -- Chairman Gonzalez: There was a motion and a second. Vice Chairman Sanchez: -- on this because I don't think it's going to pass the way it is. Chairman Gonzalez: All right. It's a resolution, so you want to do roll call because --? Jorge L. Fernandez (City Attorney) : Well, if -- before you take a vote, I think that you need to allow Ms. Conway to perhaps try to persuade those of you who are not so inclined to vote in favor of this, the consequences of terminating would mean that not having any more allocation, the inspectors or the people who are keeping this project, although belated and everything else, would literally walk out of the job, putting us in a position of further delaying the actual contract and the termination -- and the completion of that project, and so I am not trying to advocate for a situation, but by your voting this item down, you will prolong the termination date of that project because we will have to go out and procure another services to finish the inspections. Commissioner Haskins: And I think your point is really well taken, and that's -- that wasn't my intent in raising this issue. It's -- when we -- when you read these things -- these items coming in and you see these kind of increases, perhaps we can get better explanations, we can get better warning on it so we know that it's happening, so that we can see it in the context that you see it. Mary, you and your folks have just done a great job with capital improvements -- Commissioner Spence -Jones: Truly. Commissioner Haskins: -- and I understand, as well, that a lot of these capital improvement projects have turned out to be longer because the City hasn't done capital projects for so long, we don't really know what we've got underneath our streets and sidewalks and all of that other stuff, so I'm prepared to support this, but if we could, in the future, and try to deal with this issue on more of a communication front, it would be great. Ms. Conway: And we heard that message loud and clear at one of the prior Commission meetings, which is why we're in the process of scheduling monthly briefings for the Mayor and each district Commissioner regarding capital projects so that you will know, and it won't just be an agenda briefing, but you'll know the status of every project in your district on a monthly City of Miami Page 67 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 basis, and what the issues and concerns are, because I can guarantee you, unfortunately, that there will be issues and concerns on the vast majority of projects. It's the nature of this business, but at least you'll be fully informed and have an understanding, if there is a problem, what caused it and what we're doing to remedy it. Vice Chairman Sanchez: Mary, once again, as I stated, I don't want to be put in this situation. I don't think any of my colleagues want to be put in this situation, and I just want to break away from this pattern of constantly coming in front of the Commission with change orders. It's just -- it's not good, and I -- and it's not to hammer you. I think you've done a good job, but it's a department that, you know -- with all the projects that are out there, you need to have a grasp of all these projects to make sure that, one -- I've always said it. They need to be three things: time -certain, cost -certain, and project -certain, and it's just bad government when you start having all these change orders. Ms. Conway: And we certainly -- Vice Chairman Sanchez: It concerns me. Ms. Conway: We understand and appreciate that, and I'm very confident and hopeful that examples like the MLK project that Commissioner Spence -Jones managed, which was started with design and construction under the new Administration, will be the example, and that some of these older projects that were done under old business practices will become a thing of the past. Mr. Hernandez: Mr. Chairman, if you allow me. Chairman Gonzalez: Mr. City Attorney. I'm sorry. Mr. City Manager. Mr. Hernandez: It's -- I have to be totally forthright, candid; this is my job. From what I know, we really don't have another option on this one -- Vice Chairman Sanchez: Yeah. Mr. Hernandez: -- and I have to state it that way. Even though it may be ugly, at this point, with the construction contract running late, we need to have the inspection there, and we need to cover it for our own good, so even though it's not the ideal situation, I don't think that we have another option with it today, and we need to, in essence, move forward, and that will be my recommendation. Now, I hear your concerns loud and clear. I'll work with Mary, see how we can -- I would like to look at the CIP, see -- try to be proactive in spotting these kind of problems where, if we see that we're going to have more construction time, maybe we can start an RFP (Requests for Proposal) process earlier so we don't get into a box of not having inspections, so I do understand. I think it's one of the priorities that I'm charged with right here today, and I'll follow up on it, but on this one, I don't think that we can do much more. Chairman Gonzalez: That's -- Mr. Hernandez: Thank you. Chairman Gonzalez: -- the way I understand it. We don't solve any problems by voting against it now and stopping the project, but I know exactly where my colleague, Vice Chairman Sanchez, is coming from because -- Mary, would you please come to the podium? I want to ask you a couple of questions, and I'm not going to beat up on you. I just want to ask a couple of questions. Ms. Conway: It's OK. City of Miami Page 68 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: Don't beat her up. Chairman Gonzalez: How long ago did we approve the water park and the -- the Grapeland project? More than a year ago, right? Ms. Conway: From the standpoint of the design, yes, more than a year ago. Chairman Gonzalez: How long ago did we select the company and sign their contract? Ms. Conway: Two year -- we selected the company two years ago. The contract followed four or five months later. Chairman Gonzalez: OK, so we're talking a year and a half, more or less. It doesn't make any sense to me that, first of all, the company was sold to us as the best company in the world, the company that will deliver a project on time and in budget. Well, they're not delivering the project on time, and they will not deliver the project on budget. I know that for a fact. When I had a meeting -- and this is something -- this is what -- Mr. City Manager, you need to understand why we feel the way we feel. When I had a meeting with this company two weeks ago trying to find out what was going on, why don't they start this project -- I know there was a problem with the land that needed to be cleaned up and everything, but that was done, and that was being done, and the representative from this company tells me that one of the problems that they have is that they are trying to acquire the materials. It made me feel really, really bad because, first of all, they knew, 15 months ago, that they had a contract, a substantial contract, OK, and they should have, at that time and point -- point in time, they should have started locating the materials that they were going to need to for the project and securing the subcontractors, which they also claim that they having problems finding the subcontractors, OK. I mean, that's something that they should have done 15 months ago, when they signed a contract, and they promised that they were going to deliver on time and in budget, all right, so I'm told now that we are -- they are trying to buy the materials. Well, I don't know how much the cost of materials have increased the -- on a year and a half, but I bet you, there is some construction materials have increased more than 40 percent and others 20, 25 percent, so that's an additional 25, 40 percent that the City of Miami is going to have to pay on this project because this construction company didn't had the precaution back then to secure and freeze the price on their materials, and that is something that is done on the private sector everyday. There are general contractors today that they going to start building six months from now and they buy the item, and they buy the blocks, and they buy everything today at the price of today, so -- to prevent cost increases, but you know what the problem is? The problem is that all of these companies, they feel that the City of Miami have deep pockets, so you know, why worry? It's not their money. It's the taxpayers' money, and if there is a problem with these companies, I also believe that there is a problem with the consultants that we are paying, and we're paying huge amount of dollars on consultants here, and those consultants should be on top of all of these company, OK, supervising what they're doing, having -- maintaining a schedule of construction, and being on top of it, you know. Did you budget materials? Do you got your subcontractors? Do you have this? Do you have that? Are you going to be ready to start on the day you're supposed to start? But apparently, we're not doing that, and that is the problem that I'm having on my projects. That is the problem that he's having on his projects. I'm sure that you're having the same problems at Little Haiti Park, and I'm not sure if any of the other Commissioners are having that problem, but we need to start taking these things seriously. I mean, if we are paying -- whatever amount of millions of dollars we're paying in consultants, I mean, they need to be on top of the ball. I don't know if the way that you handle the consultants are handled in these projects are projects assigned to each individual consultant or each consultant has two projects to supervise, or they're all over the city. How does that function? Ms. Conway: Whether it's a City employee or a consultant, each individual is assigned to a City of Miami Page 69 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 certain number of projects and are responsible for those projects. Chairman Gonzalez: OK, so my question -- my next question is, what happened with the consultant that was responsible for making sure that this contractor had everything in place that they needed to start this project? Ms. Conway: That's typically the contractor's responsibility. The contract has provisions that do not allow for additional costs associated with material mark-ups. Those costs are borne by the contractor, not by the City, and in this instance, it's an issue of availability and lead time. If material is acquired too far in advance, there are costs associated with stockpiling the material, where it's going to be held, because vendors very typically will not stockpile materials for contractors, so there are a lot of other issues that relate in this particular instance, but they are out there now and making fairly good progress, from what I have seen. Chairman Gonzalez: You're thinking -- you think that they're -- Ms. Conway: Well, with the exception, unfortunately, of the rain that we've had in the last couple of weeks -- Chairman Gonzalez: -- but you really -- Ms. Conway: -- which makes it difficult. Chairman Gonzalez: -- think they're making progress? Have you gone by that park lately? Ms. Conway: It's not to the extent that we would like to see, but within another week or so, you're going to see a lot more activity out there. Chairman Gonzalez: But, Mary, that is the problem. That's what I had been told. Every time I speak about the item, I'm told, within two weeks, you're going to see progress. Within two weeks. Pretty soon I will be leaving office, and I will be hearing, you know what? We will invite you to the opening of the park, even though you're not going to be a Commissioner, but we will invite you. I mean, you know, it's a game, and let me tell you. I was tempted to vote against the contract for the consultants. I'm telling you right now, today, mark the date today. If the situation with these consultants and these projects doesn't improve, I'm telling you right now, this Commissioner will vote against any more allocation of money for consultants. I'm telling you right off the top -- Ms. Conway: I understand. Chairman Gonzalez: -- and you know that I am -- I'm a straight shooter. I don't -- I'm telling you right now, so it's your department, it's your people, so you -- see how you handle it, because next time you come here with an allocation of money for consultants, I'm going to be voting no, unless I see a drastic improvement on the CIP projects. Thank you. Mr. Hernandez: Mr. Chairman, I'll take a look at the project itself with Mary, and I'll report back to you within the next seven to ten days as to what the situation is. Chairman Gonzalez: Right. Thank you, sir. All right, so we had a motion and we had a second, and we had our discussion. It's a resolution. All in favor, say "aye." Commissioner Regalado: No. Chairman Gonzalez: Those opposed -- OK. We register one "no" and four "ayes." RE.2 06-01120 RESOLUTION City of Miami Page 70 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvement SERVICES AGREEMENT DATED OCTOBER 20, 2004, WITH GANNETT Programs/Transpor FLEMING INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. tation 03-04-087, FOR THE PROVISION OF TRANSPORTATION AND TRANSIT PROFESSIONAL SERVICES ON A CONTINUING BASIS FOR MISCELLANEOUS PROJECTS, IN AN AMOUNT NOT TO EXCEED $200,000, INCREASING THE CONTRACT FROM $2, 300, 000 TO $2, 500, 000; ALLOCATING FUNDS FOR SAID INCREASE, FROM VARIOUS FUNDING SOURCES, INCLUDING THE APPROPRIATE CAPITAL IMPROVEMENTS PROGRAM PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01120 Legislation .pdf 06-01120 Exhibit .pdf 06-01120 Summary Form.pdf 06-01120 Professional Services Agreement pdf.pdf 06-01120 Text File Report .pdf 06-01120 Pre -Legislation .pdf 06-01120 Table of Contents .pdf 06-01120 Professional Services Agreement 2 pdf.pdf 06-01120 Definitions .pdf 06-01120 Certificate of Authority .pdf 06-01120 Pre -Attachment .pdf 06-01120 Pre -Attachment 2.pdf 06-01120 Work Order .pdf 06-01120 Pre -Attachment 3.pdf 06-01120 Master Report .pdf 06-01120 Pre -Attachment 4.pdf WITH DRAWN RE.3 06-01108 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS Improvement RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, AS Programs/Transpor AMENDED, TO REVISE CURRENT APPROPRIATIONS, INCLUDING tation HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS, AMONG APPROVED PROJECTS, AND TO APPROPRIATE NEW FUNDING. 06-01108 Legislation.pdf 06-01108 Exhibit .pdf 06-01108 Summary Form.pdf 06-01108 Project Names .pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0427 Chairman Gonzalez: RE.3. Commissioner Regalado: RE.2. City of Miami Page 71 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: No, RE.2 -- Pedro Hernandez (City Manager) : RE. 3. Chairman Gonzalez: -- was deferred this morning. Commissioner Regalado: Oh, OK I'm sorry. Gary Fabrikant (Assistant Director): Gary Fabrikant, Capital Improvements and Transportation. RE. 3 is a allocation of additional funds and a reallocation of funds between projects. There's additional allocation of park impact fees for two projects, and also a reallocation of funds from projects that are currently not ready for construction that are being reallocated to projects that are ready to proceed with construction. Chairman Gonzalez: All right. It's a resolution. Commissioner Regalado: Move it. Commissioner Spence -Jones: Second, but I -- Chairman Gonzalez: We have -- Commissioner Spence -Jones: -- just want to make a comment. Chairman Gonzalez: -- a -- Commissioner Spence -Jones: I'll -- Chairman Gonzalez: -- motion and -- do I hear a second? Commissioner Spence -Jones: Yes, second. I have a comment. Chairman Gonzalez: -- we have a second. Discussion. Commissioner Spence -Jones: Just real fast. I know that I saw the allocations and what's going where. I just wanted, for clarity sake -- I know that we've been pushing very hard for the Seybold/Wagner Creek, and finally, it seems like something is moving. Can you just give me -- just to make sure that I understand and the folks watching understand, what does this mean now for the Seybold/Wagner Creek issue? Mr. Fabrikant: OK. What happened is we received a FEMA (Federal Emergency Management Agency) grant to go towards our Avalon Storm Sewer project, which is currently under construction. We've been able to take that money and reallocate it to the dredging of the Wagner Creek and Seybold Canal, which is currently out to bid. Commissioner Spence -Jones: OK, good, and do you know when the bids are expected in? Mr. Fabrikant: They should be due in in approximately two weeks. Commissioner Spence -Jones: OK. Do you think we're going into the fall starting on the --? Mr. Fabrikant: Our anticipation is to bring that award back either the first meeting in September. If we can't make that because of the timeline, we would have to wait till the first meeting of October, unless the Chairman be willing to place that on the last -- the P&Z City of Miami Page 72 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 (Planning & Zoning) agenda at the end of September. Commissioner Spence -Jones: OK, great. I just want to -- I know the people over in Spring Garden has been pushing very hard to get this whole Wagner Creek thing, and I'm glad that we're moving in that direction. Gibson Park, which has also been a thorn in my side, I am seeing a little activity happening there, Mary, so thank God, and people -- a lot of the residents are now saying that at least things are moving in Overtown, and I really appreciate. This additional -- these -- now that the dollars are being shifted -- the purpose of shifting the additional dollars would be to? Mr. Fabrikant: The -- some of the additional dollars are being shifted to the Orange Bowl to complete the Light Tower project, which must be completed -- Commissioner Spence -Jones: Yeah -- Mr. Fabrikant: -- before the middle of August to allow -- Commissioner Spence -Jones: -- but the dollars for the Gibson -- that's being shifted to the -- some of the -- Mr. Fabrikant: The -- what we're having there is the park impact -- we have additional park impact fees available -- Commissioner Spence -Jones: Um -hum, OK Mr. Fabrikant: -- so we're able to bring money into that project -- Commissioner Spence -Jones: So do you know -- Mr. Fabrikant: -- from those -- Commissioner Spence -Jones: -- when they're going to actually physically get back -- I know they're -- they've started moving some of the stuff, the fence that was down and all of that. Can you just give -- just so that the folks watching it know -- Mary Conway (Director, Capital Improvements & Transportation): Certainly. Commissioner Spence -Jones: -- that we're moving in that direction? Ms. Conway: Mary Conway. The work associated with the pool fence is being done by the Parks Department -- Commissioner Spence -Jones: OK. Ms. Conway: -- through a separate contract, and what is in the appropriation ordinance before you is moving money into the Gibson Park project from the impact fees for phase II of the park improvements that should be starting within the next month or so. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Isn't that RE.3? Ms. Conway: Yes, RE.3. Commissioner Spence -Jones: Yeah, we're on RE.3. City of Miami Page 73 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: RE.3. Vice Chairman Sanchez: Aren't we in RE.2? Ms. Conway: No. That -- Commissioner Spence -Jones: No, they didn't do it. Ms. Conway: -- was deferred. Chairman Gonzalez: No. That was deferred. Vice Chairman Sanchez: Oh, OK. Commissioner Spence -Jones: Wake up. Vice Chairman Sanchez: Sorry. Commissioner Spence -Jones: Need some more coffee? Chairman Gonzalez: RE.2 was deferred. Commissioner Spence -Jones: And then last, but not least -- I'm sorry. I just want to make sure my -- Buena Vista. Now, I did see that we took money away from the Buena Vista area, correct? Mr. Fabrikant: That is correct. Commissioner Spence -Jones: And you know, I know that -- Mr. Fabrikant: That -- Commissioner Spence -Jones: -- this is a -- Mr. Fabrikant: -- that -- Commissioner Spence -Jones: -- big issue for them of, you know, things that they want to see happen in the Buena Vista area. I've asked in our meeting that we had on a one-on-one to at least ident some -- the dollars that we're losing now. I would like to make sure that we find those dollars to assist them with their gateway initiative. Ms. Conway: And we could address that. The reason that those dollars are moving is because we can't spend them now. We -- Commissioner Spence -Jones: OK. Ms. Conway: -- already are spending the dollars associated with the design. The construction will be funded through the streets bond that was approved as part of the capital plan on May 25 Commissioner Spence -Jones: OK. Ms. Conway: -- but we will work with you to see if we can ident some funds to do some gateway treatments. City of Miami Page 74 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: OK. Thank you so much, and that's all -- my only con -- Chairman Gonzalez: Mary, I have a question. This resolution is going to affect the bathrooms at Sewell Park, right -- Ms. Conway: Yes. Chairman Gonzalez: -- in my district? Ms. Conway: Yes, and that is an issue associated with Miami -Dade Water and Sewer in being able to make the sewer connection for that -- Chairman Gonzalez: All right. Ms. Conway: -- project. Chairman Gonzalez: OK No problem, so -- but later on we'll find the allocation of money? Ms. Conway: At -- we're continuing to work on the -- Chairman Gonzalez: No problem. Ms. Conway: -- with Water and Sewer so that that project?' move forward as soon as the second series dollars are available. Chairman Gonzalez: No problem. All right. We had a motion and we had a second, right? Commissioner Spence -Jones: Um -hum. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RE.4 06-00987 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE COMPENSATION AMOUNT OF THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH RACHLIN, COHEN AND HOLTZ, LLP, PURSUANT TO RESOLUTION NO. 04-0458, ADOPTED JULY 8, 2004, FOR THE PROVISION OF EXTERNAL AUDITING SERVICES, IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE SECOND YEAR OF THE AGREEMENT ONLY, FROM AN AMOUNT NOT TO EXCEED $370,000 TO $430,000, AND SUBSEQUENTLY, TO THE TOTAL CONTRACT AMOUNT FROM AN AMOUNT NOT TO EXCEED $1,109,000 TO $1,169,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF FINANCE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.260201.6.280; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 04-0458, TO REFLECT SAID INCREASE. City of Miami Page 75 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-00987 Legislation.pdf 06-00987 Exhibit.pdf 06-00987 Summary Form.pdf 06-00987 Master Report. pdf 06-00987 Pre -Legislation .pdf 06-00987 Memo. pdf 06-00987 Letter.pdf 06-00987 Memo 2.pdf 06-00987 Tabulation Sheet .pdf 06-00987 Evaluation of External Auditing Services.pdf 06-00987 Acceptance of Recommendations. pdf 06-00987 Professional Services Agreement. pdf 06-00987 Pre -Attachment .pdf 06-00987 Pre -Attachment 2.pdf 06-00987 Pre -Attachment 3.pdf Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0428 Chairman Gonzalez: RE.4. Diana Gomez (Director): Diana Gomez, Finance Department. This item is to amend Resolution 04-0458 and the professional service agreements for external auditing services with Rachlin, Cohen and Holtz, in the amount of $60, 000, for additional work necessary to complete the '05 audit. Commissioner Haskins: So moved. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: Second. I just want to make sure that you -- Chairman Gonzalez: -- and we have a second. Discussion. Commissioner Spence -Jones. Commissioner Spence -Jones: I know that you and I had a briefing on it -- Ms. Gomez: Um -hum. Commissioner Spence -Jones: -- which I'm very happy with the briefing, but I do -- I would like you to -- for you to put on record, as we go ahead on -- I know this is a new firm that we decided to use, correct? Ms. Gomez: This is the second year of a three-year contract. Commissioner Spence -Jones: OK, and I just would like for you to at least bring some sort of comments -- your thoughts on -- you know, we're talking about expanding their contract -- Ms. Gomez: Right. City of Miami Page 76 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 RE.5 06-01121 Office of Strategic Planning, Budgeting, and Performance Commissioner Spence -Jones: -- you know, extending it -- you thoughts on their services and just things that you think, from a Commission standpoint, we need to just kind of somewhat be aware of as we move to the next level regarding firms that we decide to use. Ms. Gomez: Well, I guess, for this year -- second year of the audit, I was brought in kind of late in the game, so I wasn't involved in the whole audit. However, I am happy with the results of the audit. We were able to get through, you know, a lot of difficult issues, and you know, it was delayed obviously because -- and there was several reasons, and I had sent to the Commission a listing of the reasons for the delay. The auditors are here, if you would like to talk to them, themselves, as far as that goes, but I am happy with the results of the audit, and you know, going forward, I think that, you know, this year it'll be a good indication of a start to finish from -- at least from my perspective. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Commissioner Spence -Jones: Now I have no questions. Chairman Gonzalez: We had a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion -- Ms. Gomez: Thanks. Chairman Gonzalez: -- carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY"), FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR, TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET, FOR SAID FISCAL YEAR. 06-01121 Legislation.pdf 06-01121 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0429 A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to schedule a special budget hearing on Tuesday, September 12, 2006, at 5 p.m., to be held in the City Commission Chambers of the City of Miami City Hall. Chairman Gonzalez: RE.5. Mr. Larry -- City of Miami Page 77 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Jorge L. Fernandez (City Attorney) : Yes. Chairman Gonzalez: -- Springs [sic]. Mr. Fernandez: Mr. Chairman, Commissioners, while -- Chairman Gonzalez: Yes. Mr. Fernandez: -- Larry's coming up, let me put things in perspective for you. Items RE.5, 6, 7, and 8 are all of the same ilk. These are items which are being brought to you so that today you determine the rate at which we will instruct the County to do the advertising. Once you do your budget hearings and the like, you can go at or below -- Vice Chairman Sanchez: Or below. Mr. Fernandez: -- that rate, but you cannot exceed it -- Chairman Gonzalez: Right. Mr. Fernandez: -- so the significance of these items today is just for the purpose of setting the highest ceiling that would be considered, and from there, when you do budget, you can fall anywhere below that. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Larry Spring: That means that -- Larry Spring, Chief of Strategic Planning, Budgeting & Performance. RE.5 is the resolution establishing our millage cap for the upcoming fiscal year, ending September 30, 2007, and setting the proposed tentative budget hearings. I do need to make a change on the floor. Due to a scheduling change or scheduling conflict with the Mayor, who does present the budget at the first hearing, we're respectfully requesting the Commission to allow us to host our budget hearing on September 12, which will be the Tuesday before our normal Commission meeting day. It would begin at 5 o'clock, and it would only include those budget -related items that we would need to consider -- Chairman Gonzalez: All right. Mr. Spring: -- so that would be the floor change that I have. Chairman Gonzalez: Is everybody all right with the September 12, 5 p.m.? Commissioner Regalado: Yeah. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: All right. Mr. Spring: All right -- Chairman Gonzalez: You got it. Mr. Spring: -- so I respectfully ask for your approval of the resolution. City of Miami Page 78 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Took a note of that, Madam City Clerk? Priscilla A. Thompson (City Clerk): If I'm not mistaken, because that is a special meeting, maybe we do have to have a separate motion approving that date for that meeting -- Mr. Fernandez: Yeah. Ms. Thompson: -- separate from the resolution? Mr. Fernandez: That's correct. That would be appropriate. You should consider that a separate resolution from the one that you have in front of you that actually sets the -- Chairman Gonzalez: OK Why don't we do it now? Who's going to make -- Commissioner Haskins: I'll make -- Chairman Gonzalez: -- who makes the motion for the --? Commissioner Haskins: -- the motion to have a special budget hearing on December -- I mean, on September 12, at 5 o'clock. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: Time certain, 5 o'clock. Chairman Gonzalez: All right. Five o'clock. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Let's go back to discussion on RE. 5. Mr. Spring: RE. 5, yes. Chairman Gonzalez: Yes, sir. Mr. Spring: So that being the case, I just respectfully request that you approve the millage cap. The millage cap is being set at the same millage rate as the previous year, which is 8.4995. Chairman Gonzalez: All right. Do you have the knife ready? Mr. Spring: Say it again. Chairman Gonzalez: The knife. Do you have the -- Mr. Spring: Oh, yes, yes -- City of Miami Page 79 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 RE.6 06-01122 Downtown Development Authority Chairman Gonzalez: -- knife ready? Mr. Spring: -- the knife is ready to go. I got my big scissors. Chairman Gonzalez: Very good, and big scissors, too. All right. Do we have a motion on this item? Ms. Thompson: No. Vice Chairman Sanchez: So move. You're setting -- what's -- state it on the record, what's the -- same? Mr. Spring: The millage cap is the same as last year -- Chairman Gonzalez: The cap. Mr. Spring: -- which is the 8.4995, with the intention, I think as I've told you, to reduce it in our budget proposal that will be coming forth. Vice Chairman Sanchez: And that's for the trim notice? Mr. Spring: Yes, this is -- Vice Chairman Sanchez: OK. Mr. Spring: -- for the trim notice. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Ms. Thompson: Thank you. Chairman Gonzalez: We have a motion and we have a second. Discussion. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), TO LEVY AN ADDITIONAL AD VALOREM TAX AND TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; AUTHORIZING AND DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATES, TIMES AND PLACE OF THE PUBLIC HEARINGS, AS STATED HEREIN, AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. City of Miami Page 80 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-01122 Legislation.pdf 06-01122 Cover Memo.pdf 06-01122 Article 1. pdf 06-01122 Pre-Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0430 Chairman Gonzalez: RE.6. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): RE. 6 -- and I'll give the benefit of the presentation -- is the same millage cap -setting process for the DDA (Downtown Development Authority). Again, I need to put on the record that we would change the hearing date from September 14, as it is listed in the legislation that you have, to September 12. Their millage cap is being set as the half -- at the half a mill, which is the same as the previous fiscal year. Vice Chairman Sanchez: So move. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Jorge L. Fernandez (City Attorney): Mr. Chairman -- Chairman Gonzalez: RE (Resolution) -- Mr. Fernandez: -- and I think for purposes of clarification, the change date applies to all of these items -- Priscilla A. Thompson (City Clerk): All of them, yes. Mr. Fernandez: -- because by voting on it the first time -- Chairman Gonzalez: Right. Mr. Fernandez: -- you reset the public hearing for the budget once and you don't need to. Chairman Gonzalez: Right. Ms. Thompson: Correct. RE.7 06-01123 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE City of Miami Page 81 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12, 2006; DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01123 Legislation.pdf 06-01123 Exhibit.pdf 06-01123 Exhibit 2 SUB.pdf 06-01123 Exhibit 3.pdf 06-01123 Exhibit 4.pdf 06-01123 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0431 Chairman Gonzalez: All right. RE.7. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): RE. 7 -- Jorge L. Fernandez (City Attorney) : Yes. Mr. Spring: If you want to -- go ahead. Vice Chairman Sanchez: OK. Mr. Spring: -- is the same -- of the same ilk as the City Attorney has explained. You're receiving now a substitute on the RE. 7, because we will be setting the fire fee rate at the same rate as the previous fiscal year. Chairman Gonzalez: All right. You also have ready the scissors for this, right? Mr. Spring: I have ready my scissors, yes, sir. Chairman Gonzalez: All right. Very good. All right. Do I hear a motion on this? Vice Chairman Sanchez: So moved. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Mr. Fernandez: Yes. The Clerk -- Chairman Gonzalez: No discussion. Mr. Fernandez: -- the -- Chairman Gonzalez: All in -- Mr. Fernandez: -- is clear that the motion is being made with a new schedule that has just been distributed at the same rate as this year. City of Miami Page 82 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: Right. Ms. Thompson: We have that already. Mr. Fernandez: Thank you. Ms. Thompson: That -- Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. If The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carries. RE.8 06-01124 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12, 2006; DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01124 Legislation.pdf 06-01124 Exhibit.pdf 06-01124 Exhibit 2.pdf 06-01124 Exhibit 3.pdf 06-01124 Exhibit 4.pdf 06-01124 Exhibit 5.pdf 06-01124 Exhibit 6.pdf 06-01124 Exhibit 7.pdf 06-01124 Exhibit 8.pdf 06-01124 Exhibit 9.pdf 06-01124 Exhibit 10.pdf 06-01124 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0432 Direction by Commissioner Haskins to the Administration to provide an analysis of all solid waste fees and bring back a recommendation for restructuring said fees to make collection easier. Chairman Gonzalez: RE.8. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): RE.8, Commissioners, is City of Miami Page 83 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 setting the residential Solid Waste fee. As you know, this Commission set that fee at 325 per -- Vice Chairman Sanchez: So move. Mr. Spring: -- household. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK We have a motion and we have a second. Commissioner Haskins: Can I --? Chairman Gonzalez: Discussion on the item. Commissioner Haskins: I just want to bring -- ask for one thing on this. In the Solid Waste area, there have been, over the years, a lot of fees added -- supplementary Solid Waste fee, franchise fees, all of that -- and when you look at the internal audit reports, there's a real difficulty in collecting some of these fees; just the way they've been structured and added on, so I would like to ask the Administration to work on an analysis of all the Solid Waste fees to come up with a way of restructuring the -- not this one, but all the other fees so that there's a bet -- an easier and less expensive way of collecting the fees, with the notion of staying neutral to the budget so that revenues, less expenses, are close to the same. Mr. Spring: And we will do that during our budgeting -- budget prep process, and as we go into the next fiscal year. Vice Chairman Sanchez: Mr. Chairman, on the Solid Waste. Years ago, when we passed -- when we went out there and sold the bond issuance to the public, we committed to the voters of Miami that we would, for five years, freeze the Solid Waste fee at 325 -- Mr. Spring: Correct. Chairman Gonzalez: And we have done that. Vice Chairman Sanchez: -- and we have done that, so we have committed to what we said that we would be doing now. We also need to emphasize for the budget that Solid Waste, every year we have to subsidize millions of dollars to meet the cost of that, but in that aspect, we're still reducing. Not only are we reducing the millage, as we've been able to do for the last eight years; we're also reducing the fire fee, and we'll continue to reduce as much as we can on the fees that the taxpayers are paying, but the bottom line is that we have kept our word, that for at least five years -- and I believe we still have three more -- Mr. Spring: We -- Vice Chairman Sanchez: -- Solid Waste will stay -- Mr. Spring: -- until -- Vice Chairman Sanchez: -- at 325. Mr. Spring: -- 2009. Until -- and in fact, if you will allow me, this year we are giving back to the citizens approximately $5.5 million in the area of Solid Waste fees, because based on the rate, we should have been at 405 per residential household, based on the rate that was approved initially. City of Miami Page 84 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Very good. We had a motion and a second on RE.8. All in favor, say ►►aye. If Any --? The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 85 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 BOARDS AND COMMITTEES BC.1 06-00081 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carol Gardner Commissioner Michelle Spence -Jones Richard Berkowitz Mayor Manuel Diaz 06-00081 memo.pdf 06-00081 members.pdf 06-00081 castillo vacancy.pdf 06-00081 appointment.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0436 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Carol Gardner and Richard Berkowitz as members of the Finance Committee. Chairman Gonzalez: All right. BC.1, Finance Committee. Commissioner Spence -Jones -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- you have one nomination. Commissioner Spence -Jones: I do have an appointee for the Finance Committee. My appointee is Carol Gardner. Chairman Gonzalez: All right. Is there a second to --? Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Priscilla A. Thompson (City Clerk): If I may, are we going --? Chairman Gonzalez: All right. We have a motion and we -- Vice Chairman Sanchez: Madam -- Ms. Thompson: I'm sorry. Because the Mayor also has an appointment, he has sent the memo. I wanted to state that for the record, and I wanted to see if you wanted to handle all of them with City of Miami Page 86 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 one motion. I mean -- I'm sorry, one mover, one seconder, one vote; is that OK? Chairman Gonzalez: For all the boards? Ms. Thompson: Well -- Vice Chairman Sanchez: No. Commissioner Regalado: No, for this board. Ms. Thompson: For this one right here. Chairman Gonzalez: Oh, for this board, OK. Vice Chairman Sanchez: For BC.1. Ms. Thompson: OK Chairman Gonzalez: All right. Ms. Thompson: The Mayor has submitted the name of Mr. Richard Berkowitz. Commissioner Haskins: So moved. Ms. Thompson: OK. Chairman, you have an appointment. Vice Chairman Sanchez: You have an appointment. Chairman Gonzalez: Yeah. I'm going to defer mine -- Ms. Thompson: OK Chairman Gonzalez: -- so we have a motion and we have a second, right? Commissioner Spence -Jones: Um -hum. Vice Chairman Sanchez: Do they need any type of waivers? Ms. Thompson: No, not on this one. Vice Chairman Sanchez: All right. So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.2 06-00645 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 87 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 APPOINTEES: NOMINATED BY: Ileana Hernandez -Acosta Vice Chairman Joe Sanchez 06-00645 memo.pdf 06-00645 members.pdf 06-00645 Applications.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0437 A motion was made by Vice Chairman Sanchez, seconded by Commisssioner Regalado, and was passed unanimously, to appoint Ileana Hernandez Acosta as a member of the Zoning Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Ileana Hernandez -Acosta as a member of the Zoning Board. Chairman Gonzalez: BC.2. Vice Chairman Sanchez: BC.2, Mr. Chairman, I have an appointment, and really it's a reappointment. It's Ileana Hernandez -Acosta. She requires a waiver -- Priscilla A. Thompson (City Clerk): That's correct. Vice Chairman Sanchez: -- so I would like to move her for reappointment, to include a waiver. Commissioner Haskins: Second. Commissioner Regalado: Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones, you -- Commissioner Spence -Jones: I'm deferring this item. Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: I'm deferring this appointment. Chairman Gonzalez: Deferring, OK. BC.3 06-00848 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 88 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 APPOINTEES: NOMINATED BY: Torrence Mack Commissioner Michelle Spence -Jones 06-00848 memo.pdf 06-00848 members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0438 A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Torrence Mack as a member of the Community Technology Advisory Board. Commissioner Haskins: I'm deferring my appointment on BC.3. Is that where we are? Chairman Gonzalez: All right. BC.3. Commissioner Spence -Jones: I have an appointment. My appointment is Torrence Mack. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Haskins. Commissioner Haskins: I'm deferring mine. Chairman Gonzalez: OK, and the Mayor has one -- Priscilla A. Thompson (City Clerk): He did not turn -- Chairman Gonzalez: -- so -- Ms. Thompson: -- in any names yet. Chairman Gonzalez: -- he's probably -- Ms. Thompson: He didn't give me any names yet. Chairman Gonzalez: All right. BC.4 06-00849 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 89 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 APPOINTEES: NOMINATED BY: Todd Tragash Commissioner Linda Haskins 06-00849 memo. pdf 06-00849 members. pdf 06-00849 application.pdf 06-00849 Application for Urban Development Board .pdf 06-00849 Legal Inquiry.pdf 06-00849 Resume of Experience. pdf 06-00849 Letter.pdf 06-00849 Resume Information.pdf 06-00849 Resume Information 2.pdf 06-00849 Organization and Community Activities.pdf 06-00849 Article. pdf 06-00849 Photos. pdf 06-00849 Photos 2.pdf 06-00849 Article 2.pdf 06-00849 Urban Development Board Official Nomination Form.pdf 06-00849 Resume Information 3.pdf Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0439 A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Todd Tragash as a member of the Urban Development Review Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the full City Commission, as it relates to the appointment of Todd Tragash as a member of the Urban Development Review Board. Chairman Gonzalez: BC.4, Urban Development Review Board. I have two nominations, and I'm going to defer. Commissioner Haskins: I have one nomination that needs a unanimous waiver for five consecutive terms. I'd like to renominate Todd Tragash. Chairman Gonzalez: OK Vice Chairman Sanchez: What board is that, BC.4 or 5? Chairman Gonzalez: BC.4. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Commissioner Regalado. Commissioner Regalado: I just need to understand, Mr. Chairman, if we can -- if we have to follow the criteria on this, because we have a person that has been missing meetings, so I'll defer City of Miami Page 90 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 this for next time, and I'll talk to the City Clerk. Priscilla A. Thompson (City Clerk): OK Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: All right, so we have a motion on one appointment. We need a second. Vice Chairman Sanchez: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: And that's an appointment of Commissioner Haskins. Ms. Thompson: And that is with the five -five waiver -- Chairman Gonzalez: Right. Ms. Thompson: -- term. Chairman Gonzalez: With a waiver. BC.5 06-00851 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Lourdes Solera (Restoration Architect) Anthony Parrish, Jr. (Business/Finance/Law) Jane Caporelli (Citizen) Enid Lorenzo (Citizen) 06-00851 memo.pdf 06-00851 members.pdf 06-00851 application. pdf 06-00851 resignation.pdf Vice Chairman Joe Sanchez Commissioner Linda Haskins Commissioner Linda Haskins Commissioner Tomas Regalado Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 91 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0440 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Lourdes Solera as a member of the Historic and Environmental Preservation Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to the appointment of Lourdes Solera as a member of the Historic and Environmental Preservation Board. A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Anthony Parrish, Jr. and Jane Caporelli as members of the Historic and Environmental Preservation Board. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Enid Lorenzo as a member of the Historic and Environmental Preservation Board; further waiving the residency requirements of Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to the appointment of Enid Lorenzo as a member of the Historic and Environmental Preservation Board. Chairman Gonzalez: BC. 5, Historic and Environmental Preservation Board. I'm deferring mine. Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman, I would like to reappoint Lourdes Solera, and she is going to require a five/fifth waiver because she is serving her ninth term -- Priscilla A. Thompson (City Clerk): Correct. Commissioner Sanchez: -- and my other appointment, I am going to defer at this time -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- so maybe we should vote on this one -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- because she requires a -- Commissioner Regalado: Second. Vice Chairman Sanchez: Unanimously. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: Yes. For the business/finance/law category, I want to renominate Andy Parrish, and for the citizen, Jane -- renominate Jane Caporelli. Chairman Gonzalez: All right. We have a motion. Vice Chairman Sanchez: Second. City of Miami Page 92 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Yes. Thank you. Madam City Clerk, I need to reappoint. Priscilla A. Thompson (City Clerk): Enid -- well, you have two appoint -- you have an appointment for -- Commissioner Regalado: Yeah. Ms. Thompson: -- Enid -- Commissioner Regalado: Right. We -- OK. Ms. Thompson: -- but she -- if you're reappointing Enid Lorenzo, she has absences, so she'll need a waiver -- Commissioner Regalado: OK. I will reappoint Enid Lorenzo, with a waiver -- Ms. Thompson: -- and -- Chairman Gonzalez: All right. Commissioner Regalado: -- and defer the architect, right? Ms. Thompson: OK. Thank you. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: I'm deferring mine. Chairman Gonzalez: OK BC.6 06-01074 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Shane Graber Commissioner Linda Haskins City of Miami Page 93 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-01074 memo.pdf 06-01074 members. pdf Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones BC.7 06-01075 Office of the City Clerk R-06-0441 A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Shane Graber as a member of the Nuisance Abatement Board. Chairman Gonzalez: BC.6. Vice Chairman Sanchez: I'm deferring mine. Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: Yes. I'd like to reappoint Shane Graber. Chairman Gonzalez: All right. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I'm deferring that. Vice Chairman Sanchez: Second the nom -- reappointment or is it -- Chairman Gonzalez: Commissioner -- Vice Chairman Sanchez: -- nominee? Chairman Gonzalez: -- Spence -Jones. Commissioner Spence -Jones: Deferring. Chairman Gonzalez: Deferring, OK. Vice Chairman Sanchez: Is it --? Chairman Gonzalez: You need -- we need a second. Vice Chairman Sanchez: I'll second it. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. If The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 94 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 APPOINTEES: 06-01075 memo.pdf 06-01075 members. pdf NOMINATED BY: Vice Chairman Joe Sanchez Commissioner Michelle Spence -Jones DEFERRED Chairman Gonzalez: Miami Street Codesignation Review Committee. Commissioner Sanchez. Vice Chairman Sanchez: Defer. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Defer. BC.8 06-01076 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Rebecca Alvarez Mena Vice Chairman Joe Sanchez 06-01076 memo.pdf 06-01076 members. pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0442 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Rebecca Alvarez Mena as a member of the Equal Opportunity Advisory Board. Chairman Gonzalez: BC.8, Equal Opportunity Advisory Board. I'm deferring one appointment that I have here. Vice Chairman Sanchez. Vice Chairman Sanchez: Which is that one, 7? Chairman Gonzalez: 8 Commissioner Haskins: 8. Commissioner Sanchez: 8. City of Miami Page 95 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Equal Opportunity Advisory Board. Vice Chairman Sanchez: I would like to appoint Rebecca Alvarez Mena. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Deferring it. Chairman Gonzalez: OK We need a second on Vice Chairman nominations. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.9 06-01077 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-01077 memo.pdf 06-01077 members. pdf 06-01077 applications.pdf NOMINATED BY: Commissioner Linda Haskins Commissioner Michelle Spence -Jones DEFERRED Chairman Gonzalez: BC.9, Planning Advisory Board. Commissioner Haskins: I'd like to defer mine. Vice Chairman Sanchez: Which item is that now? Chairman Gonzalez: Planning Advisory Board. Commissioner Haskins has one nomination, and Commissioner Spence -Jones has one nomination. Commissioner Spence -Jones: Madam Clerk -- Priscilla A. Thompson (City Clerk): Yes. Commissioner Spence -Jones: -- I just want to be clear. The -- I only have -- who was my appointee the last time? Ms. Thompson: Just one -- I'm -- Commissioner Spence -Jones: OK. I just want to double -- verify to make sure I have the right City of Miami Page 96 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 name. Ms. Thompson: Just one second for me, please. On BC.9 -- Commissioner Spence -Jones: Um -hum. Ms. Thompson: -- currently, you have David Wilson, who's on the board, and the problem there is he's exceeded the number of absences, so if you wanted him to remain, you would just need to approve him with a waiver. Commissioner Spence -Jones: OK. I'm deferring it. Chairman Gonzalez: All right. Commissioner Haskins, you're deferring or --? Commissioner Haskins: I'm deferring mine. Chairman Gonzalez: All right. BC.10 06-01078 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Oscar Baisman Vice Chairman Joe Sanchez Allen Rubin Commissioner Linda Haskins David Kubiliun Commissioner Tomas Regalado 06-01078 memo.pdf 06-01078 members. pdf Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0443 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Oscar Baisman as a member of the Miami Sports and Exhibition Authority (MSEA). A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint David Kubiliun as a member of the Miami Sports and Exhibition Authority (MSEA). A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to appoint Allen Rubin as a member of the Miami Sports and Exhibiton Authority (MSEA); further waiving the elector requirements in Section 53-123 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to the appointment of Allen Rubin as a member of the Miami Sports and Exhibition Authority (MSEA). City of Miami Page 97 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: BC.10, Miami Sport and Exhibition Authority. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: -- I would like to appoint Oscar Baisman. Madam Clerk, you'll be provided a resume, and he does live in the City. I believe Brickell? Priscilla A. Thompson (City Clerk): I'm sorry? Vice Chairman Sanchez: We'll provide all that to you. Ms. Thompson: Thank you. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: Second. Commissioner Haskins: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: David Kubiliun. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: I'd like to reappoint Allan Rubin. We need a waiver on him. Ms. Thompson: That's correct. Chairman Gonzalez: All right. We have a motion with a -- Commissioner Regalado: Second. Chairman Gonzalez: -- waiver, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 98 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Motion carries. BC.11 06-01079 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Dr. Laurinus Pierre Commissioner Michelle Spence -Jones 06-01079 memo.pdf 06-01079 members. pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0444 A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was approved unanimously, to appoint Dr. Laurinus Pierre as a member of the Orange Bowl Advisory Board; further waiving the residency requirement of Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to the appointment of Dr. Laurinus Pierre as a member of the Orange Bowl Advisory Board. Chairman Gonzalez: Orange Bowl Advisory Board. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Commissioner Jones [sic]. Commissioner Spence -Jones: OK. I'm reappointing -- Pierre Rutledge is my appointee, correct? Priscilla A. Thompson (City Clerk): He's -- that's not a problem. No, he's all straight. Commissioner Spence -Jones: OK. Ms. Thompson: What we have is Dr. Pierre, and he would need a waiver of his residency, if you want to reappoint him. Commissioner Spence -Jones: I'd like to reappoint him. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion with a waiver and we have a second. All in favor, say "aye." City of Miami Page 99 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.12 06-01080 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Seth Gordon Mayor Manuel A. Diaz Katt Brown Mayor Manuel A. Diaz Carla Harris Mayor Manuel A. Diaz Sandy Dorsainvil-Volmar Mayor Manuel A. Diaz Marya Meyer Mayor Manuel A. Diaz 06-01080 memo.pdf 06-01080 members. pdf 06-01080 appointment.pdf 06-01080 Appointment Memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0445 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Seth Gordon as Chair, and Carla Harris, Katt Brown, Sandy Dorsainvil-Volmar, and Marya Meyer as members of the Arts and Entertainment Council. Chairman Gonzalez: BC.12, Arts and Entertainment Council. I'm deferring mine. Priscilla A. Thompson (City Clerk): And the -- Commissioners, the Mayor has submitted names for his appointments. He's reappointing. He has new appointments. Do you want me to read those into the record for you? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: OK. The Mayor has reappointed Carla Harris, Kate [sic] Brown, and Seth Gordon, and Seth Gordon is to serve as the chair. New appointments, Sandy Dorsainvil-Volmar and Marya Meyers [sic]. Chairman Gonzalez: All right. Do I have a motion for the Mayor? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: So moved. City of Miami Page 100 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: Go ahead. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.13 06-01081 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert A. Flanders Mayor Manuel A. Diaz Louis De Rosa Mayor Manuel A. Diaz Dr. Laurinus Pierre Mayor Manuel A. Diaz Walter J. Harvey Mayor Manuel A. Diaz Jami Reyes Mayor Manuel A. Diaz 06-01081 memo.pdf 06-01081 members. pdf 06-01081 appointment.pdf 06-01081 Appointment Memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0446 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, to appoint Robert A. Flanders as Chair and Dr. Laurinus Pierre, Louis De Rosa, Walter J. Harvey, and Jami Reyes as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Louis De Rosa, Walter J. Harvey, and Jami Reyes as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chairman Gonzalez: BC.13, Homeland Defense/Neighborhood Improvement Bond Program -- Priscilla A. Thompson (City Clerk): On -- Chairman Gonzalez: -- Oversight Board. The Mayor has five appointments. City of Miami Page 101 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Ms. Thompson: -- and he has submitted names, if I can read them into the record, please? Mr. - - he's reappointing Mr. Robert Flanders to serve as chair. You have Luis De Rosa, who needs a waiver for absences; then we have Dr. Laurinus Pierre, Walter Harvey, who will also need a waiver for absences, and Jami Reyes, who also will need an absentee waiver. Chairman Gonzalez: All right. We need a motion with a waiver. Vice Chairman Sanchez: So moved with a waiver. Commissioner Haskins: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion with a waiver and we have a second. All in favor, say "aye. If The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.14 06-01082 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Raquel Dawson Vice Chairman Joe Sanchez Richard Berkowitz Commissioner Tomas Regalado 06-01082 memo.pdf 06-01082 members. pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0447 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, to appoint Raquel Dawson as a member of the Audit Advisory Committee. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Richard Berkowitz as a member of the Audit Advisory Committee. Chairman Gonzalez: BC.14, Miami Audit Advisory Committee. Vice Chairman Sanchez: Yo tengo. City of Miami Page 102 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: I have one nomination, which I'm going to defer. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, on the Miami Audit and Advisory Committee, I would like to appoint Raquel Dawson -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- a certified accountant. Chairman Gonzalez: We need a second. Commissioner Haskins: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Haskins. Commissioner Haskins: I'm deferring. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: I have a question for the City Clerk. I -- I'm reappointing Richard Berkowitz, but the Mayor appointed him on the first -- Priscilla A. Thompson (City Clerk): On a different board, so we would need to find out from the City Attorney if there is any conflict of interest with him serving on the two boards? Jorge L. Fernandez (City Attorney) : We -- Chairman Gonzalez: This one is an -- Mr. Fernandez: -- would need to look at -- Chairman Gonzalez: -- this -- Mr. Fernandez: -- what is the other board. Ms. Thompson: OK Chairman Gonzalez: Because this one is an advisory. Ms. Thompson: Right. The -- Commissioner Regalado: Audit -- Commissioner Spence -Jones: I think it's -- Commissioner Regalado: -- Advisory Committee, and then the first board was -- Commissioner Spence -Jones: Finance, I believe. City of Miami Page 103 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Ms. Thompson: Finance Committee. Commissioner Regalado: -- the Finance Committee. Mr. Fernandez: I would need to read the ordinances that creates both of those committees to see if, in fact, there is a disclosure requirement and the level of decision -making or the level of authority that either of those boards have. There may be a dual office -holding conflict; I would need to make that analysis, and frankly, without knowing in greater detail what the functions of both of these boards are, I wouldn't dare to opine with "yes." Ms. Thompson: Other than the fact that on the first board, that was a reappointment for Mr. Berkowitz, and this would also be a reappointment, so it appears that he's already been serving on both boards. Mr. Fernandez: I wasn't aware of that. Ms. Thompson: OK Mr. Fernandez: To the extent that that's already happened presumptively, there wouldn't be a conflict then, presumptively. Chairman Gonzalez: Presumptive. Commissioner Regalado: OK. I reappoint Richard Berkowitz. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Jones [sic]. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: All right. BC.15 06-01083 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Eduardo Padron (for a term ending July 12, 2010) Ramon (Ray) Flores (for a term ending July 12, 2010) Maria Dreyfus-Ulvert (for a term ending July 12, 2010) NOMINATED BY: Vice Chairman Joe Sanchez Commissioner Linda Haskins Commission -at -Large City of Miami Page 104 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Dr. Guy Rudolph Moise (for a term ending July 13, 2007) Dwayne Wynn (for a term ending July 13, 2007) Edgardo Fortuna (for a term ending July 13, 2007) Julian Linares (for a term ending July 13, 2007) Luis Lauredo (for a term ending July 13, 2007) Luiz Augusto Rocha (for a term ending July 13, 2007) Steven Bandel (for a term ending July 13, 2007) 06-01083 memo.pdf 06-01083 members. pdf 06-01083 appointment.pdf Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0448 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, to appoint Eduardo Padron and Maria Dreyfus-Ulvert as members of the Mayor's International Council; further waiving the residency requirement of Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to the appointment of Maria Dreyfus-Ulvert as a member of the Mayor's International Council. A motion was made by Commissioner Haskins, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Ramon (Ray) Flores as a member of the Mayor's International Council. A motion was made by Vice Chairman Sanchez, seconded by Commmissioner Spence -Jones, and was passed unanimously, to appoint Dr. Guy Rudolph Moise, Dwayne Wynn, Edgardo Fortuna, Julian Linares, Luis Lauredo, Luiz Augusto Rocha and Steven Bandel as members of the Mayor's International Council. Chairman Gonzalez: BC.15, Mayor's International Council. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, I would like to reappoint the incumbent Eduardo Padron, and I would also like to appoint Maria Dreyfus-Ulvert. Priscilla A. Thompson (City Clerk): As the Commission at -large? Chairman Gonzalez: But you only have one nomination. City of Miami Page 105 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Vice Chairman Sanchez: She requires a four -fifth residency waiver. Ms. Thompson: She's -- Chairman Gonzalez: But you also have -- you only have one. Ms. Thompson: She's currently serving as a Commission at -large appointment. Chairman Gonzalez: Oh, OK. All right. I'm sorry. All right -- Vice Chairman Sanchez: So I would proffer -- Chairman Gonzalez: -- so we have a motion -- Vice Chairman Sanchez: -- both names. Commissioner Haskins: Second. Chairman Gonzalez: -- and a second. All in favor, say "aye." The Commission (Collectively): Aye. Ms. Thompson: And -- Chairman Gonzalez: Motion carries. Ms. Thompson: -- that is with a waiver. Vice Chairman Sanchez: Four -fifth waiver -- Chairman Gonzalez: With a waiver. Vice Chairman Sanchez: -- Madam Clerk. Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: I'd like to reappoint Ray Flores. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Jones [sic]. Commissioner Spence -Jones: I'm deferring mine. Chairman Gonzalez: All right, and the Mayor has seven appointments. Priscilla A. Thompson (City Clerk): That's right. If you would like, I can read those -- City of Miami Page 106 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Yes, ma'am. Ms. Thompson: -- names into the record. Basically, he has reappointed all of his existing members; Guy Moise, Dwayne Wayne [sic], Eduardo [sic] Fortuna, Julian Linares, Luis Lauredo, Luiz Augusto-Rocha, and Steve Bandel. Vice Chairman Sanchez: What, Dwayne Wade's going to be serving on this board? Ms. Thompson: No, no, no. Chairman Gonzalez: Yeah. Ms. Thompson: Dwayne Wynn. Did I say --? Vice Chairman Sanchez: Oh, OK. Chairman Gonzalez: Wynn. Ms. Thompson: Oh, I'm sorry. Vice Chairman Sanchez: You said Dwayne Wade. Ms. Thompson: Dwayne Wynn. Vice Chairman Sanchez: Oh, OK. Ms. Thompson: I apologize. Chairman Gonzalez: All right. Commissioner Haskins: No. It's really Wade -Jones. Commissioner Spence -Jones: (UNINTELLIGIBLE). Vice Chairman Sanchez: Huh? Commissioner Haskins: Really Wade -Jones. Vice Chairman Sanchez: Oh, Wade -Jones. Chairman Gonzalez: We need a motion on the Mayor's -- Vice Chairman Sanchez: So moved. Chairman Gonzalez: -- appointment. We have a motion -- and we hear a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.16 06-01091 RESOLUTION City of Miami Page 107 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michael Waltman Vice Chairman Joe Sanchez 06-01091 memo.pdf 06-01091 members. pdf Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0449 A motion was made by Vice Chairman Sanchez, was seconded by Commissioner Haskins, and was passed unanimously, to appoint Michael Waltman as a member of the Code Enforcement Board. Chairman Gonzalez: BC.16, Code Enforcement Board. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, I would like to appoint Michael Waltman. He is a resident of the City of Miami. Chairman Gonzalez: All right. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.17 06-01197 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Hector F. Sehwerert Civilian Investigative Panel (term expiring January 25, 2008) City of Miami Page 108 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 06-01197 memo.pdf 06-01197 members.pdf 06-01197 Resu me. pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0435 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Hector F. Sehwerert as a member of the Civilian Investigative Panel. Chairman Gonzalez: BC.17, Civilian Investigative Panel. Commissioner Regalado: Move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later.] Chairman Gonzalez: Now we'll go back to BC.17 -- Vice Chairman Sanchez: That's -- Chairman Gonzalez: -- Civilian Investigative Panel. Vice Chairman Sanchez: -- the Civilian Investigative Panel. Priscilla A. Thompson (City Clerk): That is correct. Vice Chairman Sanchez: All right. There's one appointment by Commission at -large, correct? Ms. Thompson: That -- the Board has proffered a name, that is correct. Vice Chairman Sanchez: And the name that I would like to proffer is Hector F. -- and I'll spell it for you SEH WER ENT, right? Ms. Thompson: That is the name that's listed, sir. Commissioner Regalado: Yeah, we voted on them. Vice Chairman Sanchez: You voted on that already? Commissioner Regalado: Yeah, we voted already on him. Vice Chairman Sanchez: All right, then you're done with the nominations for -- Commissioner Regalado: Yeah. City of Miami Page 109 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Vice Chairman Sanchez: -- board appointment? Chairman Gonzalez: Right. BC.18 06-01198 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Tonja E. Carter Commissioner Michelle Spence -Jones 06-01198 memo.pdf 06-01198 members.pdf 06-01198 Applications.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0450 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Tonja E. Carter as a member of the Community Relations Board. Chairman Gonzalez: BC.18, Community Relation Board. Commissioner Spence -Jones: Oh, yes. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Ton -- I'd like to nominate Tonya -- Tonja Carter. Vice Chairman Sanchez: And I -- Commissioner Regalado: Second. Vice Chairman Sanchez: Well, let's all do 'em -- let's do 'em all together. Priscilla A. Thompson (City Clerk): We only have the one. Commissioner Spence -Jones: You have one, too? Vice Chairman Sanchez: There's only one? Ms. Thompson: Yes. Vice Chairman Sanchez: That's Civilian Investigative Panel? City of Miami Page 110 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Um-num. Ms. Thompson: No, no. On -- Commissioner Spence -Jones: BC.18. Ms. Thompson: -- B -- Jorge L. Fernandez (City Attorney) : No, no, 18. Commissioner Regalado: No. It's Civilian -- we voted on Civilian Investigative Panel. Commissioner Haskins: It's Community Relations Board. Commissioner Spence -Jones: I'm on -- I thought -- Chairman Gonzalez: This is Community Relations Board. Commissioner Spence -Jones: -- we were on Community Relations Board. Vice Chairman Sanchez: We already voted -- Chairman Gonzalez: Communi Commissioner Sanchez: -- on that one? Chairman Gonzalez: Yeah. Community Relation Board. Vice Chairman Sanchez: Which is BC (Boards & Committees) what? Chairman Gonzalez: BC.18. Commissioner Spence -Jones: I'm the only one -- Vice Chairman Sanchez: Oh, no. I -- Commissioner Spence -Jones: -- that has an appointment. Vice Chairman Sanchez: -- need to go back to BC.17. Chairman Gonzalez: BC.17. Well, let's finish with BA -- B -- Vice Chairman Sanchez: Go ahead. We'll go back to BC.17. Chairman Gonzalez: -- BC.18 first, and then we'll go back. OK. We have a motion on Tonya [sic] Carter. We need a second. Commissioner Haskins: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 111 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 DISCUSSION ITEMS D1.1 06-00998 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 06-00998 Summary Form.pdf DISCUSSED Chairman Gonzalez: All right. Let's go to DI.1. Mr. Larry Spring. Jorge L. Fernandez (City Attorney) : Financial update and budget. Chairman Gonzalez: Larry. Mr. Fernandez: Larry. Chairman Gonzalez: DI 1, Financial Update and Budget Outlook. Larry Spring: Actually -- Commissioners, Larry Spring, chief of Strategic Planning, Budgeting & Performance. Regarding the financial update for this month, we're still closing out our May financials, so I'll bring that financial update to the next meeting, but I think we already had the discussion. What I wanted to put on the record today was -- Chairman Gonzalez: All right. Mr. Spring: -- that we will be hosting our fiscal year 2007 budget workshop on July 31, now currently scheduled at 2: 30 p.m., in the Commission chamber. We will send out public notice of the public workshop, and of course, like last year, the workshop will include a presentation of our forecast for the year and to solicit feedback from the Commissioners. Also, at that time, we will be presenting the City's comprehensive financial -- annual financial report, the CAFR (Comprehensive Annual Financial Report) report, by the Finance Department, with our CPAs (Certified Public Accountants) that were just here a few minutes ago, so as -- so that you won't have to reconvene a bunch of times; just get all that done at once, and that's all I want to put on the record today. Chairman Gonzalez: Any questions from the Commission? Thank you, sir. D1.2 06-01020 DISCUSSION ITEM Office of the City PRESENTATION OF ANNUAL REPORT BY THE CITY ATTORNEY. Attorney 06-01020 E-mail .pdf DISCUSSED Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, it's hard to believe that two years have already gone by. In September, it will be two years that I became your City Attorney, and this report that I'm making to you is long in coming. It should have come to you several months ago, but finally, we're here, and so, in essence, what you would see is a report that really combines two years. I had the privilege of meeting with each of you and with the Mayor and giving all of you a substantial in-depth analysis of what we have done. The only thing I intend to do today for the public, for your constituents to see the efficiencies and the tasks that we have carried out on your behalf, is to make a very brief Power Point presentation. I promise to keep it in less than 15 minutes. I think it will be showing also in your screen; and to the public, you can City of Miami Page 112 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 see it on the screens up here. The Office of the City Attorney has as its logo, "Committed to serve the City and dedicated to excellence." This is the logo that the City Attorney's Office has had for a long, long time. My very first time here, that was the logo, and they have -- we have been serving you with that in mind. There is a mission statement that drives everything that we do, and it's very important that you're aware that we're here to provide the full range of legal services and representation to the Commission, the Administration, authority boards, and committees, and the three operative words are "timely, efficient, and cost-effective." The core values, that which we hold very dear and we strive to meet on a daily basis, are transparency. We want everything that we do for you and for the residents of Miami to be transparent and clear. We're accountable. We hold ourselves accountable to the penny, to the minute on every item that we work on your behalf, and then we can only accomplish all of this if we work as a team internal to our office, but also a team with all of you -- with the five of you, with the Mayor and certainly with the entire Administration. The average numbers of years of experience and expertise. I believe that this is a very critical chart for you to understand. In September 2004, when I arrived here, there were 29 attorneys. Today, because of attrition and because of changes that have been made in the office, we have 22 attorneys, and we'll talk about that in a moment. Of these 22 attorneys that we presently have, you need to know that we have a combined average of 19 years of experience as practicing attorneys, which means that what we bring to the City, the value added that we bring to you is representative of attorneys who, on the average, have been practicing law for 20 years. Of those, 11 years have been in local government, and 8 years serving the City of Miami. I believe that if you take a careful look at these numbers, you can't help but be impressed with the quantum of knowledge and expertise that your attorneys bring to you. We practice in the following areas. There are 13 areas in litigation that we practice; transactional, land use, employment/labor. Altogether, we practice law in 43 different areas, distinct, discreet areas of practice. Who are our clients? First and foremost, our client is the City Commission, the Mayor, and City Commissioners individually, and that makes seven of you. Then the Administration, the top-ranking Administration, as it was comprised up until today, where six. There are 27 departments, and there are a total of nine authority boards and committees that we provide legal representation; therefore, we have 49 distinct clients. The theme that we've explained to you of accountabilities best seen by the intake form that we have -- everything we do -- all the legal work we perform is pursuant to a request by one of these clients to do a specific task, and this form that we have here is resident in our computer database and it's -- you know, every time we do something for anyone, one of these forms gets filled. Any time that an attorney works on a matter, it's accounted for, and this is what is called in the private sector -- in private law firms, "time sheets." We record everything that we do for each of our clients on the basis of 15-minutes increments, and this is the work codes of the different things that we do for the client. We keep track of time. There is an expectation that every attorney in our office would bill for 2,000 hours of billable work, that is, legal research, writing, representation in court, hardcore, if you will, legal work, but that's not all that we are responsible. We're also responsible for what we call "nonbillable work" We keep track of that time. That is time that we spend attending seminars or keeping ourselves current with Florida Bar, professional organizations, activities in the office. Community service, this is a very important component. We have an expectation in our office that every attorney must be involved in some form of community service, and when you add all of that, we tally that also, and then we keep track of what we call "vested time." Everyone is entitled to take vacation, holiday, ill, but we also keep track of that, and this is on an ongoing basis how we monitor the billable, nonbillable, and other time of every attorney in our office, making us extremely accountable and responsible to you. We have here a sampling of number of hours by clients, and I call this a sampling because I couldn't list all 49 clients that we have; it would be too much for this form, but for example, here you see that for the first six months of this fiscal year, with Code Enforcement, we spent 942 hours. Look at the Police Department; 6,580 hours. The second column is where we have annualized that, simply multiplied it times two, and we're predicting that by the end of the fiscal year, we would have spent those hours there. The next column, you see the percentages, and at the bottom here, you can see that we are predicting that we would bill for all our legal services over 46,000 hours to our respective clients or including City of Miami Page 113 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 all of those clients. We -- here is a sampling of open files. We keep track not only of the time that we spent per client, we also keep track of the number of matters or files that are assigned to us, and here is a sampling of the client base with a number of pending matters as of July 1. We have a computer program in place now that, on a daily basis, gives us an accurate read of the status of every single file and how many files we have and how much time we have spent on everything. It's a computer program that you authorize us to obtain last year, and now the program is fully implemented. Again, we have totals, and you can see that, as of July 1, we had over 1,600 matters that we were handling for the City. Number and percentages of open files by areas of law practice. This is a proverbial pie chart. Here, you can see that in litigation, we had 977 files. The bulk of what we do for the City is represent the City in litigation. That 62 percent of all the files we have in our office are litigation matters, and there you can read the pie chart where, in the area of transactional work, which is contracts, procurement, real estate matters, we had 354 files. It's self-explanatory. We also do the same thing by hours -- the pie chart by hours. We spent over 50 percent of our time litigating on behalf of the City, defending or prosecuting on behalf of the City, and there is the rest of the pie chart, which is self-explanatory. Our ability to keep track of our time and of our matters in this way is unprecedented in the City. When I came two years ago, there was no way of getting your hands or getting your arms around the quantity of work that we did, and now we certainly have the ability to do that. It's much easier to evaluate and assess the quality of work that we perform when we understand the quantity and how it's handled. The cost of legal services. Here is a chart that it's incomplete because it's come to my attention that our budgetary process does not reflect to the individual departments certain hidden costs. For example, the numbers that you would see here, this $5.5 million that was the budget for the City Attorney's Office last year, does not reflect the health costs, health insurance, or the pension costs. That's an additional approximate 40 percent of the salaries, and this amounts, basically, to another $1.5 million, so the math that I have just done here for you is really not accurate, because what I have done is I have divided the budget into the number of hours that we would put in on behalf of the City and came up with a cost per hour of legal services. This is inaccurate, now that I know that the budget that I work with does not include these hidden costs, so really, you need to add approximately another $30 to these numbers to approximate and get very close to that. What I want to impress upon you is the fact that the reliability factor of all of these numbers and these figures is something that challenges us to get it more precise. We have just started. We don't have a history. We don't have anything to benchmark against. Next year, when you get this report, you would see greater accuracy and greater accountability, perhaps, but when you look at -- well, then moving into outside counsel, because I like to make a comparison between the costs of us providing services to you versus the cost whenever we go to outside counsel. In 2004, there were 25 law firms representing the City in -- and today there is only 12. In 2004, these 25 firms were handling 64 distinct and discreet matter on behalf of the City. Today there is only 14 matters being handled by these 12 law firms. Last -- oh, the fiscal year 2004, the City spent over $700,000 in outside counsel. This year, in eight months that we have so far accounted for, we have spent 640. That's an inordinate large number because of very peculiar situations that we have with certain litigations that we're being represented by outside counsel. Again, I have goals and objectives of reducing these numbers considerably, as well as reducing the overall fiscal impact of the City Attorney's Office and the City. Outside counsel. When we go to outside counsel, we basically pay anywhere between 250 and $350 per hour. In-house counsel, this number now should more accurately reflect the 150, rather than 120 because I wasn't taking into account all of those hidden costs otherwise, and I think that the comparison is very fair and very clear of the efficiencies and the value added that we bring to the City, but what if all of that were true and still, in results, we were not able to deliver to you quality results? Here is a quick summary that shows, in the area of litigation, the results we have achieved. In fiscal year '04/'05, we settled 101 cases. We went to court and we obtained 65 positive rulings for the City, and we had 13 unfavorable rulings, or 13 cases that we lost. This year, through March of '06, for the first six months of the year, we have settled only 14 cases; we have gone to court and obtained 24 verdicts or favorable rulings to the County -- to the City, and we have received four unfavorable. I think these results speak very loudly of the quality of legal work that your attorneys perform for you. Maximizing resources. Attorneys City of Miami Page 114 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 track all time. There is an expectation of 1, 800 to 2,000 hours of billable hours per year. We have started, in the last two years, utilizing law clerks, interns, apprentices, paralegals, and legal trainees for litigation support. This is the way that we have been able to make do or do more perhaps with fewer lawyers and a great advantage to the City in terms of the costs of providing legal services. We are really exploring the potential and the ability of paraprofessionals in assisting us in doing that work. Precise allocation of legal resources for City boards and committees and authorities. We have streamlined our involvement with all of the City's boards and committees and authorities, and we're much more resourceful and much more careful of the time that we spent and the services we provide to these voluntary boards, and then there is a transition from reliance on print media to online legal research. We have become thoroughly computerized in the office. We have literally closed down the library, in terms of books and periodicals and the like. We have become -- in the last two years, we have made great strides in becoming technologically on the -- being on the cutting edge. These are some of the goals that I hold out to you for accomplishment for next year. The first goal that I have is to develop different areas of practice, but the one that I'm focusing in because we're spending a lot of money with outside counsel, is in the area of eminent domain. We have a need to have the sophistication in-house to be able to practice eminent domain as, from time to time, the City, over the next several years, would be exercising that power. We want to reduce the number of matters referred to outside counsel responsibly. Whenever it is in the best interest of the City, because of the magnitude of the case or because there is a conflict of interest, or because we don't have the expertise in-house, I would be the very first one coming to you, as I have done in the past, seeking your approval to retain outside counsel, but on a general basis, we should be doing in-house a lot more of the work that before was farmed to outside counsel. Restructure the budget for fiscal year '06/'07. This, I will work very closely with the Administration. It is very difficult for me to keep a handle on all the expenditure of legal expenses. Because legal expenses are not paid from my budget, whenever we retain outside counsel, there is any number of budgets or departments that would pick up or accounts that would pay for those. I would recommend to the City Manager that, in the future, we would have the opportunity to really look at all the legal expenses of the City in a global way and all placed either under my budget or have the ability to really track and report on those so that you understand the full cost of doing legal -- of representing the City or of the City taking care of its legal needs. Another goal that I have that I am very serious about is to continue aggressively to reach out to attract and retain minority professionals. This has been an issue that has me very disappointed, and I haven't been able to be as successful as I wanted to. I have -- we have had some successes. We have several members of our summer team of interns and paralegals, and clerks that are minorities, that are African American, and other minorities, but I haven't been able yet -- and we're working very hard at -- for the positions that we have vacant to attract more minority, particularly African American black attorneys, a redundancy there. Also, the last item here is a goal that I will need to discuss in greater depth with all of you at some future time, but I just want to put it out there for you to know that we need to modify the applicable regulations to provide that the Office of the City Attorney personnel and all of our operations are fully autonomous. We are unable to compete in the legal marketplace with the big law firms that we're litigating against on a daily basis because of our inability to hire legal secretaries or litigation assistant. It takes us over six months from the time we have the need until the time that we have a register ready to interview. Paralegal. We have been trying to hire a paralegal through that process for the last 18 months, totally unsuccessfully. I cannot undertake the representation of major cases, like the Lodal case, the fire trucks that had -- the garbage trucks that are burnt, and we're suing that provider. We're in court. We're in court like 10 hours a day, and we will be in court for the next month and a half because the trial is going to be that long and that protracted. Our ability to have the resources to really do that have become very -- thank you, Maria. That -- she's telling me that I've exceeded my time. So we need to discuss how we could creatively make sure that the Office of the City Attorney is positioned, vis-a-vis personnel issues, at least to be able to compete in the marketplace so that we're not handicap or at a disadvantage. That concludes my presentation. That's a copy of our web page, and we invite everyone to look into it. We keep it updated with all kinds of tidbits and good information. It's my privilege to have served you. We City of Miami Page 115 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 -- I believe that we have redirected the course of the City Attorney's Office. We are in sync. It's a interesting day that, for the first time, I sit with my new City Manager, but for the last two years, it was my pleasure to work with Mr. Arriola and with his Administration in making great strides and in making great improvements to the way that we deliver legal services to all of you. Thank you. Chairman Gonzalez: Thank you. DI.3 06-01196 DISCUSSION ITEM Office of the City Attorney DISCUSSION REGARDING A REPORT FROM THE OFFICE OF THE CITY ATTORNEY IN REFERENCE TO THE WATSON ISLAND/MIAMI CHILDREN'S MUSEUM PROJECT. 06-01196 Email.pdf MOTION A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, to direct the City Attorney and the Administration to meet with the Miami Sports & Exhibition Authority and the Miami Children's Museum to create legislation and an outline of future legislation needed to address the issue of a charter school on Watson Island, and that such information be brought back at the City Commission meeting currently scheduled for September 14, 2006. Commissioner Haskins: Mr. Chairman. Chairman Gonzalez: Thank you, Ms. Rodriguez. Yes, ma'am. Commissioner Haskins: There is a -- I'd like to ask if you would consider taking an item out of order. There's a discussion item, DI.3, on the Children's Museum, and we have representatives here, and they have some commitments, and I was wondering if you would consider taking it out of order. Chairman Gonzalez: All right. DI.3. Vice Chairman Sanchez: DI (discussion item) ? Chairman Gonzalez: No, D.3 [sic]. Vice Chairman Sanchez: D.3 [sic]. Commissioner Regalado: D2.3, right? Commissioner Haskins: DI.3. Jorge L. Fernandez (City Attorney) : At the very end of the agenda. Commissioner Regalado: Oh. Commissioner Haskins: DI.3. Chairman Gonzalez: Oh. Commissioner Spence -Jones: This is add -- this is a new thing added? Chairman Gonzalez: The very end of the agenda. City of Miami Page 116 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Haskins: Yes. Chairman Gonzalez: I thought it was in blue pages. Commissioner Haskins: It's very end of the agenda. Chairman Gonzalez: I thought it was a blue page. All right. DI.3. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, this is pursuant to a City Commission directive initiated by Commissioner Winton; that we report to you on the status of the pending request by the Miami Children's Museum to be able to establish a charter school within their premises. We have had significant number of communications and meetings between the interested parties and all of the players within the City, and I am able to give you a status report at this time. I don't know if the Miami Children's Museum would like to open up, or it's the pleasure of this Commission how you would like us to proceed. Chairman Gonzalez: Let them -- Adrienne Pardo: Hello. Chairman Gonzalez: --open up. Ms. Pardo: My name is Adrienne Pardo, with offices at 1221 Brickell Avenue. I'm the president of the Miami Children's Museum, that's why I'm before you today. With me here today, as well, is Debbie Spiegelman, our executive director, and Gary Reshefsky, who's also a board member. The Children's Museum, as you know, is located on Watson Island, and we lease the land from the City of Miami. We have an existing facility, and we've been there from 2003, when we were built. We are before you for a request for a charter school within the museum. There's nothing in the lease that prohibits a charter school within the museum, but staff has determined that they believe a lease amendment is necessary. There were also some other issues were brought up with regards to having liquor being able to be sold on the island and being within a certain distance of the -- of a school. We feel very comfortable that that's not an issue. We've drafted legislation. There is a state statute that says you can't have a school within 500 feet. However, it says within it that as long as the municipality passes legislation that it's in the general benefit, then you can, so we've prepared legislation. We've submitted it to the Law Department. We're very comfortable. We don't see this as an issue. We're willing to work with the City with regards to any other issues. The Law Department had sent an e-mail to us with regards to several issues. We feel very comfortable that we can work through all those issues, and we think that it's very important to have schools, obviously, in the City of Miami. Here you have this opportunity where we have a brand --new facility, schools are needed in this community. We've had huge amounts of development within the City of Miami. We've approved, you know, thousands of units. I've worked on that myself, I know, and we need schools, and we need new schools. This is a free school. There's no charge to the children, and it's very important. It's limited to only 25 children per class, and here you have the opportunity to have these children have the benefit of learning in a brand --new facility, a wonderful opportunity, and so we'd like your support, and we'd like to move it forward, and that's what we need here. At the last meeting, just so I can mention -- there was a motion made at the May 11 meeting that Commissioner Winton had brought up, and it was unanimously passed by the Commissioners that were here, and that was to direct the City Attorney to work with staff and bring it back and address any impediments and solutions, and we're willing to work with the Legal Department on that and staff, and we would request your support on that, and we could go forward. I don't know if it's necessary for the Law Department to go through all those items, if you want to hear every single one, but if we could -- we would request if we could get a motion that we work with them, and perhaps, come back the second meeting in September with, you know, the ability -- the approval and the lease amendment. That's what we would request. City of Miami Page 117 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Fernandez: Mr. Chairman, I would like to give you a brief update, while they're here, to make sure that we're all singing from the same -- Vice Chairman Sanchez: Sheet of music. Mr. Fernandez: -- book, right. Ms. Freisner -- Ms. Pardo -- I knew her when she was Freisner - - is correct. We -- you can pass a resolution waiving the statutory requirements for distance, and that is done. The Planning Department also is recommending that there be a Code amendment - - or a section of the Code 4-11, which deals with our own distance requirement. Here you're talking about the State has its own, and we have our own, and in order to deal with both, we need to have the amendment to the Code, and that would require an ordinance, so now you're talking a resolution, then you're talking about an ordinance, and all of this is doable, and most of it is already drafted and ready to proceed with you, but you need to be very much aware of the fact that we have -- that there is another player involved, MSEA (Miami Sports & Exhibition Authority). When they said that they have a lease with the City, they really meant to say that they have a lease with MSEA, and MSEA has to become a party to this because there is a need to amend that lease to fully contemplate this use, and to be able to impose conditions and restrictions on that use, and that has to be properly done through the MSEA lease. Then the City of Miami and MSEA -- actually, that's a sublease between MSEA and MCM (Miami Children's Museum), and then the interlocal agreement between MSEA and the City would need to be modified. Furthermore -- and here are some of the details that we're still waiting to hear -- Commissioner Regalado: Mr. City Attorney, before you proceed, for the record, as the vice chair of MSEA, we had a discussion about this item at the last board. There was a motion in support of the charter school that failed because the second one was withdraw after the assistant city attorney said that there were some issues to be discussed. My understanding of the lease with MSEA is that it does not even have to be modem because it calls for auxiliary uses; charter school being an auxiliary uses, and probably, Tim, as the executive director, will address that in the future, but I just don't -- if this City Commission moves forward, I cannot see the MSEA Board -- Mr. Fernandez: Objecting. Commissioner Regalado: -- objecting -- Mr. Fernandez: I agree. Commissioner Regalado: -- to that -- Mr. Fernandez: Exactly. Commissioner Regalado: -- because, after all, we have, in this dais, three members of the board and the Mayor in that board, so -- but I have -- I tried to understand the lease agreement, and legally, I don't think that there is a need to amend because, in other leases, auxiliary uses mean charter schools. Mr. Fernandez: Well, could be, Mr. -- Commissioner Regalado, and then again, could not be. Commissioner Regalado: Well -- Mr. Fernandez: The preliminary opinion that we have given -- and we gave it at the time that MSEA held its meeting and took that vote -- was that it would require a modification to that sublease agreement between MSEA and MCM. Now we would further reflect upon that, and clearly, MSEA would do very well to heed the direction that the City Commission is heading, but City of Miami Page 118 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 you know, the determination that has preliminarily been made by our office, as also being counsel to MSEA, is that this lease or sublease needs to be modified. Furthermore, the -- we're looking for MCM-- that's Miami Children's Museum -- to indemn and hold harmless the City and MSEA from actions or claims from existing or perspective leases in Watson Island relating to the effect of the school in their ability to use their lease properties for the purposes authorized or contemplated in their leases. In the case, for example, of Flagstone is their agreement to lease. We're also looking at a number of other issues. There is anticipated to be substantial construction activity in Watson Island if the port tunnel, in fact, goes through, and we all know that that's a real possibility. We want to make sure that Miami Children's Museum and the charter school understands all of the limitations, not only the liquor and the 500 feet distance and the like, but all the other related uses that we have already allowed or permitted, and therefore, we want, as a condition of this permit, the ability that, in case there is a problem, in case there is a lawsuit, we would retain the right to actually terminate the use of a charter school as being an impediment to the long-term plans that the City has put in place for Watson Island. I believe that they are amenable to language that would speak to that concern. As you well know, there is also the use of a flight pattern. There is a use of aircraft taking off and landing in very close proximity to a school. Chairman Gonzalez: To a school. Mr. Fernandez: You know that there was a serious accident not too long ago. This is a contemplated use, a permitted use for that island, and so we want to make sure that FAA (Federal Aviation Administration) and all the other authorities will have no problem with introducing now into the formula children, 250 children on a daily basis. I think it can be done, but these are hurdles that have to be addressed and overcome in order to ensure not only the City's position, but also to ensure that the Miami Children's Museum and the charter school have a solid, binding lease, so we're doing this for mutual protection, if you will. I'm not just only looking at protecting zealously the interest of the City. I'm looking at a viable lease, at something that could really work and keep everybody going in the right direction. Commissioner Regalado: And we also need the National Hurricane Center because, in this hypothetical, we could have a tsunami. We're talking hypothetical here -- Mr. Fernandez: No. Commissioner Regalado: -- everything. Mr. Fernandez: Well, no, no, no, no. There -- Commissioner Regalado: The tunnel is a hypothesis. Mr. Fernandez: Well, you know, it's not -- Commissioner Regalado: You cannot -- Mr. Fernandez: -- so hypothetical -- Commissioner Regalado: -- say it's going to be built because, after all, we are fighting the tunnel. Mr. Fernandez: Well, correct, but let me tell you. For example, the County have -- already has - Commissioner Haskins: Mr. City Attorney. City of Miami Page 119 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Fernandez: I'm sorry. Commissioner Haskins: I mean, I think that the process that you're going through in looking out for the City's best interest is absolutely the right thing to do. We -- I know that this item is being discussed today as a result of a request from Commissioner Winton two months ago. I think we're probably at the point now where those conditions have been determined -- Mr. Fernandez: Addressed. Commissioner Haskins: -- what we need to address, and what I would ask is for you to work with MSEA, with the Children's Museum, and -- do you believe that something could be done in - - by the first Commission meeting in September? Mr. Fernandez: Yes. By September, first Commission meeting in September, we will have to you all the relevant legislation, and we would procure to have all the changes made with MSEA. We will request the Mayor -- or ask the Mayor to convene a meeting of MSEA so that we can, you know, line up all of our ducks in proper order. The Planning Department also suggests that there must be a MUSP (Major Use Special Permit) modification, so this is another item, legislatively, that has to come into play, and last, but not least, we need to make a finding that having a charter school in that premise is, in fact, consistent with our comprehensive plan, and these are, again, all issues that we need to do ad seriatim, if you will. We have identified all of the hurdles that need to be jumped, and we're ready to start the race to jump them, and reporting to you today is merely to show that we have carried through with your directives. We met; we had a summit meeting, if you will, with everyone from Miami Children's Museum, and the like, and everyone that's a player in the City, and we put together a game plan or a roadmap to follow to bring to you in the first meeting in September, if not all the legislation, certainly, all the legislation that can be passed then. Commissioner Haskins: Thank you. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: All right. Vice Chairman Sanchez: Before you do that, was your statement in form of a motion? Commissioner Haskins: It wasn't in form of a motion, but I would like to make a motion that, by the first Commission meeting in September, the City Attorney's Office come back with legislation to the extent they can, and an outline of further legislation that is needed in order to address the issue of a charter school on Watson Island. Mr. Fernandez: Mr. Chairman -- Commissioner Haskins: That will entail, OK, as well, working with all the other uses on the island -- Chairman Gonzalez: Right. Commissioner Haskins: -- including the helicopter operations, the seaplane operations, the island gardens operations, so part of that process should include making sure that the concerns are addressed for all. Vice Chairman Sanchez: Second for the purpose of discussion. Mr. Fernandez: Mr. -- City of Miami Page 120 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Yes, Mr. City -- Mr. Fernandez: Yes. I -- if that motion also contemplates not only directing the City Attorney, but directing the Administration. After all, I cannot give directions to all of the departments that are significantly involved. I can only coordinate effort, so the motion needs to be to the City Manager also. Commissioner Haskins: I'm still learning, so I'll say -- I will amend the motion to include the Administration. Vice Chairman Sanchez: Second, as amended. Chairman Gonzalez: All right. We have a motion and we have a second, as amended. Yes, Mr. Prieguez. Manny Prieguez: Thank you very much, Commission. Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Florida. I represent Mr. Paul Dudley, who owns and operates Linden Airport, and who will be a leaseholder, and have a lease with Watson Island, MSEA, and the City of Miami to operate a heliport on Watson Island. When I saw today's item in the agenda, we, quite frankly, felt that it was going to be more of a discussion of pros and cons, and what have you, but it seems to be taking a more definitive course of action, and Mr. Dudley was going to be here -- he's probably stuck in traffic coming over from Miami Beach -- but I'd like to put some things for the record that I think are important for the Commissioners to keep in the back of their minds as this procedure begins in earnest. I think that the general character of Watson Island, including Parrot Jungle in front of it, is a tourist -centric sort of location, or area, or zone. You have the Parrot Jungle. You have a world -class hotel with a mega yacht marina. You have a heliport that's going to be flying around taking tourists on tours of the City of Miami, and so forth, and you have, obviously, the seaplane, a lease that is currently, you know, still in vigor and can very well start anytime soon. We're not convinced, as one of the leasees over on Watson Island, that a school is necessarily the best place to put -- a charter school is not necessarily the best place for it to be on Watson Island. The museum itself is an attraction; Parrot Jungle's an attraction. This is something that -- this is an area of the City that has a lot of movement in and out because it's a tourist -centered environment, and we question the compatibility of a school with that kind of environment, and we think that there are a lot of issues that can come up that, perhaps, have not even been contemplated by your good legal work, Mr. Attorney, and others, so I welcome the fact that we all should be brought in to discuss the potential pitfalls and what have you, and just to be just a little bit more specific, you know, there can possibly be impacts on insurance for the other leaseholders on Watson Island. There are still the outstanding issues of the liquor license, which seems to be, you know, developing a little bit better. It seems to be heading in a direction of resolution, and again, there -- the attorney mentioned the construction site. The hotel has not been built yet; the mega marina has not been built yet. There is at least three to five years in construction. That's going to be a humongous construction site, and then you add on top of that, the tunnel, which can last -- God knows how long it could last. I mean, just ask the folks over in Massachusetts how long their big dig lasted. I mean, it could be anywhere between five and ten years to execute that kind of project, so you kind of put all those things, you know, together, and it just creates an environment of concern for businesses that are going to need to be profitable for the City, that are need -- going to need to be successful. You know, let's not even speak of, God forbid, any kind of, you know, accidents or what have you. Notwithstanding the fact that we believe that our flight zones for the heliport will not necessarily be -- you know, going over the school, and what have you, which is obviously a positive, but you can never -- you know, you can never protect against every kind of situation that may arise, so in summation, I just, you know, thought it was important for my client that these issues be put forward for the record, and just the mere fact of -- the basic question: Is this the right spot? Given all the activity that's around City of Miami Page 121 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 it, is this the best spot for a school with children? If you think about what the character of this place is -- and we look forward to working with the Children's Museum. I'm not here to say that we're going to categorically be against it, but I thought that, for the time being, it was important for my client to reflect very real concerns that could affect, you know, his business operations there. You know, we've been at this for about four years, you know, to get this heliport going. He has spent a lot of money, and we would hate for something to happen now that can somehow undermine our ability to be successful for the island. Commissioner Haskins: Manny -- and the City is well aware of all these concerns -- Mr. Fernandez: Yes. Commissioner Haskins: -- so we need to take all of this into consideration. Today is -- no one's in a position, I don't think, to present pros and cons; that time will come before the MSEA Board, and I think that you've raised valid concerns. I don't think the Children's Museum folks disagree with the fact that there are other concerns on the island, so if we could work together on this and see if your concerns can be allayed -- if they can't be, then present your cons to it when the item comes up, but I think right now the best thing for the City is to move forward, ident those concerns, and let the dialogue begin. Mr. Prieguez: Thank you very much for your time, Commissioner. I appreciate it. Chairman Gonzalez: All right, so -- Mr. Fernandez: We -- Chairman Gonzalez: -- we had a -- Mr. Fernandez: -- have a definite -- Chairman Gonzalez: -- motion and we had a -- Mr. Fernandez: Correct. Chairman Gonzalez: -- second. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Pardo: Thank you very much. DI.4 06-01203 DISCUSSION ITEM Office of the City Attorney DISCUSSION CONCERNING 2 YEAR RESTRICTION ON EMPLOYEES' FUTURE EMPLOYMENT WITH COMPANIES THAT RECEIVE NO -BID CONTRACTS FROM THE CITY IN THE AMOUNT OF $500,000. 06-01203 Email.pdf DISCUSSED Chairman Gonzalez: All right. If you allow me, we still have another -- one more item, which is DI.4. It's related to two-year restriction on employees' future employment with companies that receive no -bid contract from City, in the amount of 100, 000. I don't know what this means, where this came from. Who had some -- who had this put on the agenda? Maria J. Chiaro (Assistant City Attorney): Yes. This report was to be presented by the City City of Miami Page 122 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Attorney. The legislation that was requested is still being researched. We are looking at the various issues so that we can provide an ordinance that will mirror some of the restrictions that are in federal statutes and -- Chairman Gonzalez: All right, so -- Ms. Chiaro: -- state statutes. Chairman Gonzalez: -- that means that you're not ready; you're still researching? Ms. Chiaro: Yes. We'll -- Chairman Gonzalez: All right. Ms. Chiaro: -- bring this back -- Chairman Gonzalez: You'll bring it back. Ms. Chiaro: -- the first meeting in September. Chairman Gonzalez: All right. Thank you so much. NON -AGENDA ITEMS NA.1 06-01254 DISCUSSION ITEM RECOGNITION OF COUNTY OFFICIALS PRESENT. DISCUSSED Chairman Gonzalez: All right. That concludes the presentations and proclamations. Before continuing with the agenda, I would like to recognize Miami -Dade County Mayor Carlos Alvarez. Welcome, sir. Applause. Chairman Gonzalez: Also, I would like to recognize and welcome some of our colleagues at the County Commission. Welcome this morning to the City of Miami City Hall. County Manager, welcome, sir. Jose (UNINTELLIGIBLE), a long-time friend, welcome to City Hall. NA.2 06-01255 CEREMONIAL ITEM PRESENTATION TO JOE ARRIOLA, FORMER CITY MANAGER OF THE CITY OF MIAMI. PRESENTED Mayor Manuel A. Diaz: It's -- I have been blessed, since I decided to do this crazy thing of running for office, and I have been blessed because, when I first got here, I had a City Manager like Commissioner Carlos Gimenez, who has joined us here today, and now working for the next three and a half years with Pete Hernandez, but I've also been blessed because I made a friend that actually campaigned hard to beat me the first time I ran, and brought to the City something that is very special, and brought to the City something that, in years to come -- because sometimes people in these positions tend to focus too much on today and tend to focus too much on what might get some attention today, and fail to understand the importance of what the future is going to look like, and what the -- more importantly, what the future should look like, and that is the spirit and the energy and the vision that has come to this City over the last few years because we've had a person like Joe Arriola, who is not about today, but who is about leaving a City of Miami Page 123 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 legacy and leaving, for future generations of Miamians and South Floridians, a city that is a city on a hill, a city that will be a spectacular hill that people have already started writing about, but there's much more to come. The dramatic turnaround that has occurred over the last three and a half years, I will tell you, speaking to my colleagues around the country, is unprecedented in modern city history in America, and it has occurred because of Joe's commitment and Joe's dedication to make things happen, to have a can -do attitude. No longer was the typical answer in government: "Well, we're doing it this way because that's the way it's always been done," or "No. We can't do it because we just can't do it." It was a can -do attitude; that we were going to turn this around, and we were going to make things happen, as Commissioner Spence -Jones said, in District 5, and we were going to make things happen in Allapattah, and we were going to make things happen everywhere in this community, and we could only have done that because we had a City Manager like Joe Arriola, so as I've said earlier in my statements -- and I know my colleagues want to say some other things as well, Joe -- thank you for your time. We all owe you a debt of gratitude. God bless you and your family. Applause. Vice Chairman Sanchez: Thank you, Mr. Mayor. I wanted to take the opportunity with the protocol item to recognize Joe for his accomplishments. I was just thinking, how do I sum it up, Joe's tour of duty here at the City, with two words? I think those two words would have to be "courage" and "heart." Courage to grab the bull by the horn, which he did many, many times, and you know, city managers are like baseball managers. As long as you're winning, he's a hero. When you're losing, you're a bum; get rid of him, and it's sad because I could tell you this much. The changes that we have made in the City -- and I think, as the Mayor explained it, the great accomplishment we've been able to do here -- have been because of an individual who came in at the right time for the City of Miami, with the right attitude, and that attitude was to run this city like a business, and he didn't care whether people liked it or not. He was here to do his job, and it wasn't based on personality, and based on the history of Miami -- and I looked back -- I don't think we've ever had a flamboyant city manager as Joe Arriola in the City. He called it like it was, and if you didn't like it, it was tough. Well, today, you're seeing a transition in government, and that's what democracy is all about. Local government -- and the beauty of it is that we're going from one style of manager to another style of manager, and how could I be able to describe that? It would be a pitcher that's pitching a hundred -mile -an -hour fastball, and we call the bullpen, and we get one that could come out and throw a good curveball, or a spitball, or a "Peteball," and it's just great. The beauty of it is that -- look at so many people that are out here from the County, and if there's one thing that this City needs to do -- and I think we could all agree on that -- is that we need to work together. We need to work together for the betterment of the City and the County, and today, we have that opportunity -- Applause. Vice Chairman Sanchez: -- with that leadership. Joe, in closing, thank you so much for entertaining us, and thank you so much for working for the City of Miami and really committing your soul to us for years. We wish you the best. It has been a pleasure for me to work with you. I've learned a lot from you, and I look forward to learning now from the City Manager. Our friendship will go for a long time. God bless you -- Joe Arriola (City Manager): You want me to take the microphone? Vice Chairman Sanchez: Absolutely. Mr. Arriola: Oh, my God. Vice Chairman Sanchez: All right. Here you go. Y'all are ready? City of Miami Page 124 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Arriola: My last time. No. I will tell you -- first of all, before I get funny or not funny, or whatever, I will tell you that I've been blessed with the greatest staff that I've ever worked for in private life -- Applause. Mr. Arriola: -- in public life. I was blessed from the very first person I hired here, that was -- where's Rosie Mark somewhere? She was here. I was blessed that everybody we hired -- it was better and better and better, and one day, I woke up and I said, "My God. I really have assembled a dream team," and these people have worked together, and if you've ever seen our meetings -- well, they were funny at times because I had to make it funny, but most of the time, the way they work together, it was an amazing -- no jealously, no pettiness; nothing but let's be one unit, so the first thing I want to say to my staff, I'm never going to forget you. You guys are the greatest, the very greatest ever assembled. Thank you. Applause. Mr. Arriola: Second, I will tell you that I had a conversation with Mayor Diaz, I think, about a week or two after I had started, I'd been the manager, and I said, Manny, we -- with your support -- we're going to make changes that people will not appreciate today, tomorrow, probably not during my tenure, probably not during your tenure. The changes that you want to make and I want to make will be appreciated seven, eight, nine, ten years from now, two or three city managers, and probably a couple -- and Linda, you were -- I think you were in that meeting -- a couple of mayors from now, when people say, damn, this thing works. We can balance budgets. We can cut taxes. We could build things. Look at our streets. We've got money to fix our streets. We've got things going on, and I said, and everybody's going to take the credit then, but you know what? I'm going to go to bed, and you're going to go to bed, and people are going to say, you know, that fat guy and that funny -looking mayor really knew what the hell they were doing. Well, the ears, Mayor, the ears, them ears, and by that time, they'll be more bigger and more pointed as you get older. He thinks he's handsome, so that's why I had to say that, OK? Yeah, and I could really tell him now, right? Yeah, hell with him. Unidentified Speaker: Hey, you gave him the mike, Joe. Mr. Arriola: Yeah. You gave me the mike -- but I will tell you that that was my goal. I think that a lot of things you could touch and feel now, but one day, when all our kids go running down our water park and we have some of the best facilities in Model City and in Liberty City, in Allapattah, and Little Havana, when you have your gymnasium and things like that, I know that I, and Manny Diaz, and this group, and this group touched it and started it, and that's all I care about, and when this wonderful Coconut Grove, the master plan, is finished and Coconut Grove looks totally different, and you drive through -- you could actually see the water for the first time in 50 years, I know I had something to do with it, and when we have our wonderful park on Biscayne Boulevard, when we have our museums, when we have all those wonderful things, I'm going to look back and say, you know what? I touched that. I planted that seed, and nobody's going to care at that time, but I'm going to care because I'm going to remember it, and you're all going to remember that you were the people that planted that seed and allowed me to be the -- kind of the farmer of that seed, so I'm very, very proud -- why are you smiling, George? You got that little smile in your face. You know, he's got all your dirty secrets. He's even got dirty pictures about you. You thought I was tough. You thought I was tough, wait until your time. I mean, he told me, George is not a problem. I've got him under control, and now we know why, so in parting, this has been the greatest, greatest opportunity. I came to do this for a year; been four years now between, you know, the time I was helping Carlos and the time I became manager. I will not exchange this for anything, anything, anything in the world. My wife would; my kids would, but I wouldn't, you know, so I still have a wife and kids after this four years. She told me, after one year, you're out. On the second year, she said one more year, and now, she City of Miami Page 125 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 finally said, let me tell you something, buddy. I've got your checking account. You're going to be out if you don't quit and go out and earn some money, so that will be on Monday, so I want to thank you all. I want to thank everybody that's here. You guys been wonderful. I've had a great, great, great time. You're getting a wonderful leader -- boring, but wonderful, but we can see that he likes the microphone, so you know, we can work a little bit on his personality, and maybe he'll become -- he'll come alive, so I -- yeah, I'm not going to do the Nixon baloney about you're not going to have me to kick around anymore. Somehow, I'll resurface and I'll be kicking this time. I'll be able to criticize for a change, and that's great. I'll go to the County Commission and says, "Mr. Manager, how dare you present that budget to us?" So again, thank you. Thank you all. This has been a wonderful -- I've had a -- I really have had a great time. My wife says you go to work in the morning with a smile on your face, and I say, I have a great time. You know, I laugh. Everybody talks about George and I not getting along. We talked every morning, and all we did was -- every morning we laughed at each other, and we said, boy, you got 13 mmm, and I said, I've got 5 mmm, and -- I told you I was going to get even, Georgie. I told you my time was going to come. Well, you guys misinterpret that. "mmm" means mmm-wonderful people, mmm-wonderful people, and that's what I meant about my five, mmm-wonderful people, so keep going, George. Thank you. Thank you all for this wonderful time. I really appreciate it. Applause. Chairman Gonzalez: We are in recess. At this time, we are in recess. [Later... ] Chairman Gonzalez: We're going to resume the Commission meeting. Commissioner Spence -Jones: Are you going to time certain -- Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: -- Barbara's items, first, time certain? Chairman Gonzalez: I think I have -- we have to go to Barbara, yeah. All right. We have to go with the PH (public hearing) items. They're time certain items. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, time certain items are PH.2 through PH. 7 -- Chairman Gonzalez: Right. Mr. Fernandez: -- and PH.1, which is the franchise agreement with Pivotal Utility Holdings, has been pulled from the agenda by the Administration, so being after 10: 30 for sure, you may call the public hearings on PH.2 through PH. 7. NA.3 06-01252 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING THE ITEM LISTED HEREIN USED BY JOE ARRIOLA DURING HIS TERM AS CITY MANAGER AS "CATEGORY A" SURPLUS STOCK, AND PROVIDING SAID ITEM TO THE CITY MANAGER , FOR THE SUM OF $1.00; AUTHORIZING THE EXECUTION OF ANY NECESSARY DOCUMENTS RELATED TO THE ACCEPTANCE. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 126 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0424 Chairman Gonzalez: I have a resolution here that I needed to pass when the transition was done this morning for the City Manager, and if you allow me. It's a resolution of the Miami City Commission classing the item listed here, used by Joe Arriola during his term as City Manager, as category of surplus stock, and providing said item to the City Manager for the amount of $1; authorizing the execution of any necessary documents related to the acceptance, and I think that what we're talking about is the personal computer, right? Jorge L. Fernandez (City Attorney) : Correct, correct. Chairman Gonzalez: So that's the resolution. Is anybody willing to move it? Commissioner Haskins: I'll move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.4 06-01205a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE EFFECTIVE DATE OF THE RATIFICATION OF THE APPOINTMENT, COMPENSATION AND EMOLUMENTS FOR CITY MANAGER DESIGNEE, PEDRO HERNANDEZ, AS CITY MANAGER FOR THE CITY OF MIAMI, FLORIDA. 06-01205a Exh i bit. pdf Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0433 Chairman Gonzalez: Another thing that we didn't do was to approve the compensation package of the new City Manager -- Jorge L. Fernandez (City Attorney) : Correct. Chairman Gonzalez: -- so can we take that up now, or -- Mr. Fernandez: Yes. Chairman Gonzalez: -- should we have all five Commissioners on the dais? Mr. Fernandez: You should have all five -- Chairman Gonzalez: Let's -- City of Miami Page 127 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Fernandez: -- Commissioners -- Chairman Gonzalez: -- wait to -- Mr. Fernandez: -- present. Chairman Gonzalez: -- in the afternoon, so we can have all five Commissioners. Mr. Fernandez: We will distribute it now, the resolution and the attendant -- the attachment -- Chairman Gonzalez: All right. Mr. Fernandez: -- so that you would have it and it can be brought up. Chairman Gonzalez: Very good. [Later...] Chairman Gonzalez: All right. I think it's very important that we take -- we have a resolution of the City of Miami Commission that has to do with the -- with our new City Manager, and it is to approve the compensation package, is that correct? Jorge L. Fernandez (City Attorney): Yes, correct. It's a motion of the City Commission rating, approving, and confirming the salary, and that has been distributed to you. You should have a copy of that; it was put on your desk just before lunch, and it's appropriate, now that he's your employee, that you pay him. Commissioner Haskins: So moved. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.5 06-01256 DISCUSSION ITEM DISCUSSION REGARDING CODE ENFORCEMENT ISSUE IN DISTRICT 2. DISCUSSED Chairman Gonzalez: Hector, I have a question, now that you're here. It's not related to this, but I want to use the opportunity that you're here. I was approached by a resident of the City of Miami who, throughout the years, have acquired three different property, and each property is -- one is four apartments in one lot, four apartments in another lot, and three apartments on the other lot; different folio number, different everything. This person was visited by a Code Enforcement inspector and they were told that they were required to have a Certificate of Use, an occupational license, where I told them that's normal, they needed to have, but this person was told that these three separate buildings, according to the City, were considered one building, and they have to name the building, like "Beautiful Miami" or "How Dark The Days," or whatever. You have to put a name to the building. Is there such a law in the City of Miami City of Miami Page 128 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 that --? Hector Lima (Director, Building Department): There is no such a law in the Building code. Chairman Gonzalez: Because my quest -- my point is that if this person acquired, throughout the years, these three different properties that used to belong to three different owners, there're different folio numbers, different everything, and the City considers that it is one building and the building has to be named, I told the person, I don't see a problem with it, but what I really have a problem with -- and I'm going to ask the Building and Zoning director -- is that if it is one building, you should not be required to get three Certificate of Use and pay for three Certificate of Use and pay for three occupational license, you know. If it is one building, it should be one Certificate of Use and one occupational license -- Commissioner Spence -Jones: I see what you're saying. Chairman Gonzalez: -- and you're going to be saving yourself probably a thousand dollars -- Commissioner Spence -Jones: Good point. Mr. Lima: Right, but -- Chairman Gonzalez: -- so I don't know how the City want to play it, but you know, if that's the kind of game that they want to play, I'll tell you, it's fine, but then they're going to have to play the game with the same rules; one building, one Certificate of Use, one occupational license. There cannot be one building with three Certificate of Use and three occupational license, so is there such a new law in the City that we haven't approved here, because I know that, in the past, we never had such a law? Mr. Lima: You're correct, Commissioner, there is no such a law. If you could provide us with the address, we'll find the inspector, and make sure that the inspector is instructed properly. Every building stands on its own when there is a folio and a legal separate. You would have to have a unity of title to group all of these buildings together, and at that time -- Chairman Gonzalez: But you have to do a unity of title. Mr. Lima: Yes, sir. Yes. Chairman Gonzalez: You have to do a unity of title -- Mr. Lima: In order to tie all the properties together. Chairman Gonzalez: -- and they haven't done a unity of title. The buildings remain the same way they were built. They were built, I don't know, maybe 40 years ago, 47 or 50 years ago is the, you know -- as a matter of fact, it belong to three different owners, and this person acquire one building, then acquire the other building, and then acquire the other building, so you know, that -- and let me tell you, Mariano, so, you know, because you're paying attention to the -- to this discussion. The inspector was very polite. As a matter of fact, this person is going to write a letter commending how they were treated by this inspector, the professionalism and everything, but we -- when they told me that, I said, now, wait a minute. You know, something got to be wrong here, and you know, we got to be careful what we're telling people out there because -- like I say, I told them, I said, listen, don't worry about it. If you have to put a name on the building and they consider that it is one building, fine, you put a name to the building because that is going to help you save maybe a thousand dollars a year on Certificate of Use and occupational license, so -- City of Miami Page 129 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 NA.6 06-01257 Mariano Loret de Mola: Commissioner, Loret de Mola, Code Enforcement director. You are correctly. I mean, if they got three different folios and three different addresses, should be one for each one of them. I don't -- Chairman Gonzalez: Right. Mr. Loret de Mola: -- I never heard of that one before, right. Chairman Gonzalez: Me neither. Mr. Loret de Mola: You're completely right. If you give us the address, we will check into that, all right? Chairman Gonzalez: All right. We'll get together later on then. Mr. Loret de Mola: OK. Chairman Gonzalez: All right. Thank you very much. DISCUSSION ITEM DISCUSSION REGARDING SCHEDULING OF EXECUTIVE SESSION JULY 25, 2006. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Haskins absent, to schedule an executive session on Tuesday, July 25, 2006, at 2: 30 p.m., to be held in the City Commission Chambers of the City of Miami City Hall Chairman Gonzalez: All right. We are going to board appointments. Jorge L. Fernandez (City Attorney): Mr. Chairman, while you're shifting gears, if you may. I have a request to make, and that is relative to the call for a shade meeting, to take place on the 27th, and let me comply with the statutory requirements and specifically read to you what the statute requires. I, as your City Attorney, am requesting a private meeting, pursuant to Florida Statute Section 286.011(8), for an attorney -client session between the members of the Commission, the City Manager, the City Attorney, a deputy city attorney, an outside counsel, to seek advice concerning litigation in the case of Carl L. Masztal -- that is the fire assessment case -- versus the City of Miami, case number 98-11208, in court 01. I'm requesting that this meeting be held at City Hall, on Thursday, July 27, 2006, immediately after your lunch break. I estimate that the meeting should last approximately 45 minutes to one hour. It's critically important that you hold this session. We're vigorously working on a settlement, as instructed by the Commission to try to find a solution to this case, and it's imperative that we have a shade meeting at this time on this case, so you need to approve that and vote -- Vice Chairman Sanchez: So move. Mr. Fernandez: -- my recommendation. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Vice Chairman Sanchez: So moved -- City of Miami Page 130 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: -- to accept the Attorney's recommendation. Chairman Gonzalez: -- and we have a second. All in -- we have a motion and we have a second. All in favor, say "aye." Commissioner Regalado: Mr. Chairman, Mr. Chairman. Chairman Gonzalez: Yes. Discussion. Commissioner Regalado. Commissioner Regalado: Remember what you said the other day. That day in July, we're going to be packed with all the controversial items. Chairman Gonzalez: Um -hum. Commissioner Regalado: There's a lot of people been waiting here. I would suggest to do that either other day, or you know, early in the morning -- Chairman Gonzalez: Yeah. That's -- Commissioner Regalado: -- because I'm telling you -- Chairman Gonzalez: -- a good idea. Commissioner Regalado: -- there's going to be a lot of people here, hundreds of people, because all the projects that we stack up on the last meeting before the August recess. Commissioner Spence -Jones: What --? Why --? What about on the day that we're having the budget --? Larry, aren't you having another budget meeting happening in July? Mr. Fernandez: Thirty-first. Vice Chairman Sanchez: Is there enough time? Chairman Gonzalez: No. Pedro G. Hernandez (City Manager) : July 31. Commissioner Spence -Jones: I mean, can we do it, since we're going to be togeth --? We're going to be here, and then we're going to go to the CRA (Community Redevelopment Agency), so can we do it --? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Well, if you will allow me -- Chairman Gonzalez: Yes, sir. Mr. Spring: -- Mr. Chair. Chairman Gonzalez: You're recognized. Mr. Spring: Larry Spring, chief of Strategic Planning, Budgeting & Performance. We are in -- we're having a -- I've already sent out the notice that we are scheduled to have our budget workshop on July 31 at City Hall. A issue popped up with the CRA, because they were going to City of Miami Page 131 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 be have -- hosting a presen -- a special presentation for the CRA boards, so they requested that we try to work out maybe change of location to their location, but the intent is that you will be together from 2: 30 until the end of your last CRA meeting, so that's fine. Mr. Fernandez: It doesn't have to be on the 27th. It could be the 26th, the 25th. It could be any other date. We were just not trying to bring you back to City Hall -- Chairman Gonzalez: Why don't you --? How --? Why don't you schedule it for the 25th? Is everybody all right with the 25th? Mr. Fernandez: The 25th is a Tuesday -- Chairman Gonzalez: Tuesday. Mr. Fernandez: -- 27th is a Thursday, so a Tuesday, at -- it has to be a time certain. Would you say 2 o'clock, 10 o'clock? Vice Chairman Sanchez: Two o'clock is perfectly fine. Commissioner Regalado: Two -thirty for me. Chairman Gonzalez: Two -thirty. Mr. Fernandez: Two -thirty on Tuesday, the 25th -- Chairman Gonzalez: Right. Mr. Fernandez: -- it will be, so it needs to be a motion passed and approved by the -- Vice Chairman Sanchez: Motion to -- Mr. Fernandez: -- City Commission. Vice Chairman Sanchez: -- accept the Attorney's date for the shade meeting of date stated on the record. Mr. Fernandez: Correct. Priscilla A. Thompson (City Clerk): And the location is? Mr. Fernandez: It will be -- Vice Chairman Sanchez: City Hall. Mr. Fernandez: -- here -- Chairman Gonzalez: City Hall. Mr. Fernandez: -- in City Hall, and it would be in the conference room -- in the Manager's conference room upstairs. Chairman Gonzalez: All right. All right. We have a motion -- Commissioner Spence -Jones: Second. City of Miami Page 132 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right, so we're set. Mr. City Attorney, do you want to do your presentation now, before we do the board appointments, or you want to do it later? What --? Mr. Fernandez: I'll do it later. You can go ahead with appointments -- Chairman Gonzalez: All right. Mr. Fernandez: -- while I set up quickly a minute. Vice Chairman Sanchez: All right. [Later...] Chairman Gonzalez: DI.2, Mr. City Attorney -- Jorge L. Fernandez (City Attorney) : Yes. Chairman Gonzalez: -- annual report. Mr. Fernandez: Mr. Chairman, Commissioners, before we get to that one, allow me a point of privilege. Madam Clerk, I need your attention on this, because a statutory requirements for the shade meeting that you have called are very precise. I need to make sure that the record is clear, that what is happening is that a special meeting of the City Commission is being called for the 25th of July, at 2: 30 p.m., here in this chambers, because the meeting has to be open and certain formalities have to be observed. The Chairman will announce that we will immediately proceed, and it's just a special meeting for the purposes of having a shade meeting, but we have to convene here as a special meeting of the City Commission. Then you announce that we will go into a shade meeting and conduct a meeting there. Then, from there, we have to come back here and then declare the special meeting closed -- Chairman Gonzalez: OK Mr. Fernandez: -- so those are the protocol, and I just wanted to make sure that the record is clear that it is a special meeting of the City Commission that is being called for purposes of holding a shade meeting on that date. NA.7 06-01286 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert Smith Vice Chairman Joe Sanchez Milli Memblela Vice Chairman Joe Sanchez City of Miami Page 133 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0451 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Robert Smith and Milli Memblela as members of the Little Havana Homeownership Advisory Board. Vice Chairman Sanchez: Well, on the Little Havana Advisory Board Affordable Housing [sic], I have to make two appointments because of vacancies to the board that are paramount for us moving forward, so I would request from the Chair that I would be granted the opportunity to take it out of order and proffer the two names to be -- Chairman Gonzalez: Go ahead, you're recognized. Vice Chairman Sanchez: -- voted on, and that is Robert Smith and Millie -- and I'll spell the last name -- I think it's M-E-M-B-I-E-L-A [sic]. Those are the two names that I'm proffering for the Little Havana Advisory Board Affordable House -- Homeownership [sic]. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.8 06-01251 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE COMPENSATION AND EMOLUMENTS FOR CITY ATTORNEY JORGE L. FERNANDEZ, ESQUIRE. 06-01251 Exhibit.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Noes: 2 - Commissioner Haskins and Spence -Jones R-06-0434 Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, Commissioner Regalado. Commissioner Regalado: Thank you very much. I am -- as you know, I -- all of us received the briefing, and as you remember, you directed me to come back to the City Commission with an evaluation. I sent that to your office last week, and of course, also the compensation package for the City Attorney, since we should have done this several weeks ago, but because of other issues, City of Miami Page 134 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 we have not done it, so I don't know if my colleagues have any problem at all with the compensation package. If you want to make any comment or if you want to make any comment on the evaluation that I sent you, which is basically taking some of the issues that the City Attorney explained. It is important that we understand that, at least to me, the best thing that could happen for us as policy makers is to understand where are the problems in the different departments of the City of Miami, and problems and issues and legal cases; at least let us understand the time that the City Attorney's Office spend with each department, the issues that we have. We just got today the folder with cases that are being litigated by the City Attorney, and you know, to me, it has help me understand. For instance, when there is several cases in terms of trip -and -fall in broken sidewalks in the City of Miami, you understand that we have to address this in the budget process because it's cheaper to fix a sidewalk than to pay $50, 000 for a broken hip. We need to address the Police Department with the issues of accidents and cases and thousands of hour work of the City Attorney's Office, so having said that, I sent all of you for your consideration, and of course, with plenty of time to make a decision to, if you want, proceed with the legislation approving the compensation for the City Attorney, Jorge Fernandez. Commissioner Haskins: May I speak, Mr. Chairman? Chairman Gonzalez: Commissioner Jones [sic] -- I'm sorry, Haskins. Commissioner Haskins: Rosalie Mark, what, under the pay per performance, was the maximum percentage increase for people at the chief level for last year? Rosalie Mark (Director, Employee Relations): Well, Linda, I don't have the exact number, but I don't believe -- I'm looking at a list right now of the highest increases that were granted this year, and there aren't any chiefs on it, and that cut-off is at seven percent, so I'd say it's probably about six. Commissioner Haskins: And the package that was presented is in ex -- I think it's around 15 percent, excluding the value of the increased vacation and the guaranteed severance change, but Jorge, could you put back up the number of hours worked, and how much is done for the Commission versus the rest of the departments of the City? Mr. Fernandez: I don't know that the Commission would show -- I don't know that in this PowerPoint -- in the book that I gave you, the Commission -- Commissioner Haskins: Yeah. I think -- Mr. Fernandez: -- shows. Commissioner Haskins: -- it's, you know, substantially for the rest of the departments, and I think it's very difficult to -- Commissioner Regalado: I have four hours. Commissioner Haskins: -- I think it's very difficult for us, as Commissioners, to judge the performance of a department that really performs most of its work and has a client -- a lawyer -client relationship with really mostly people that we are not involved with on a daily basis, and the one thing that I really liked about Jorge when he came in and he did his presentation, he said that he was looking to achieve client delight, client delight, and I think that we should take a look at this and say, for those -- for this sort of department where we really -- we can get one view, totally separate and apart from the people that are dealing everyday with contract reviews and litigation, and all of that, that there really should be some way to have a customer satisfaction survey. Did you achieve delight? Because when we did pay per performance -- and I know that you're not in the City Attorney's Office using that -- but you're City of Miami Page 135 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 still goal -oriented, and the pay per performance for the rest of this City says this is my goal -- these are my goals, and did I achieve those goals? And I believe that compensation should be based on achievement of those goals, and the big one that I remember was client delight, and that's not to put anybody on the spot or be critical, but it is an important component because there is a chance for even improving the City Attorney's Office more. If we could get to the point where there really was active feedback and dialogue between departments and the City Attorney's Office on what's not being -- what the City Attorney doesn't feel departments are doing properly and what departments feel the City Attorney's Office is not doing properly, so I would have a problem with this proposal on two basis. One, I think it's very high. I think it's very high, but second of all, I can't determine how high it is or where my feelings would be with it without having some sort of evaluation of is there client delight. Commissioner Spence -Jones: I have a -- Mr. Chairman. Chairman Gonzalez: All right. Commissioner Jones [sic]. Commissioner Spence -Jones: Yeah. I mean, I just have a -- first of all, I wanted to acknowledge the City Attorney for putting together a well put -together presentation. For me, you know, being a novice in this whole, you know, government, you know, world, being able to sit down with you and go through each one of these things so that I fully understand kind of, you know, when you have a City Attorney working on it, what does that really equate to, and sometimes you take it for granted because of where you're sitting, but the million and one times that I know that I called my person, Maria, for assistance, I call her any time of the day because I want to make sure that I stay on the right track and I'm not doing anything that's violating anything, so those -- you know, just having, you know, that kind of support from your team, I think that it's, you know -- I think that the way you laid it out was very, very good, was great, excellent. I also want to acknowledge -- because I think it's important to acknowledge people that go the step beyond just, you know, asking for compensation, but also making sure that we fully understand what you do because sometimes it is -- I think sometimes it could be taken for granted all of the work that you guys do and the countless number of hours. I also want to at least be able to acknowledge you on the fact of including -- because I think the first day on the dais, my first big issue was I don't see enough minorities and the number of minorities that have left the department that are no longer there, and to see that you've now included it in as your goal and that you have hired -- you know, or you're working on hiring even more. I definitely want to commend you for at least moving in that direction. One of the things I need to be real clear on -- because we were all tasked, as City Commissioners, to evaluate the City Clerk, the City Attorney, and the City Auditor, and I don't know who the other -- I think that was -- was it three? Mr. Fernandez: That's it. Commissioner Spence -Jones: OK, three. I -- myself, was charged with evaluating the City Clerk, and I'm not taking away your issue. I just -- it -- when I got the presentation, I really was thinking was the presentation really understand what you do, you know, and I didn't know that this is all based upon the compensation issue, Rosemary [sic]. I didn't know, so my question then became, after hearing the presentation again today and looking at the compensation package, and me having to evaluate our Clerk, which I'm -- we did. You know, my question becomes then, does this same type of, you know, effort or presentation, will this be also afforded to the others, like the Clerk to do the same and the auditor? I'm just trying to understand how did we get -- because my colleague, Regalado, mentioned in the very beginning -- and he did send a memo, and I did read it, you know, and I was assuming that it was your evaluation based upon what we are charged to do, and you were reporting to us on that. I, however, didn't do that because I didn't know that, based upon my conversation with you regarding this, we were kind of taking a different direction, so I'm a little -- the reason why I would have any back off on voting on an item like this is that I want to make sure that everything I do from where I sit is fair and balanced, and I'm just trying to understand how did we get from -- City of Miami Page 136 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Regalado: If I may? Commissioner Spence -Jones: I just want to -- I mean, I don't know if I'm making the right point, but I think it's important because, you know, you have people that do serve -- I mean, the Clerk is here, and you know, and the auditor. I mean, where are we with that process, if that's the case? And not taking anything away from you; I just want to make sure. If this is afforded to you, I think it should also be afforded to the other ones. Chairman Gonzalez: Of course. Commissioner Regalado. Commissioner Regalado: If I may. I understand Commissioner Haskins' concerns. She wants to understand more about the City Attorney's Office, and I understand what Commissioner Spence -Jones said. My point is that I follow what the Chairman asked me to do. I did not seek or wanted input from Rosie Marks [sic] -- Chairman Gonzalez: Right. Commissioner Regalado: -- because the City Attorney doesn't work for her -- Chairman Gonzalez: Exactly. Commissioner Regalado: -- because the Auditor General doesn't work for the Administration, because the City Clerk doesn't work for the Administration. We have to make that decision. We made the evaluation. We decide, not them, you know. They run the City and all the employees, but we have a responsibility, and I am not about to give away the few powers that this City Commission have, so when you have your decision on the City Clerk, we don't need the input of anybody from the Administration because they don't work for them. Yes, granted, they -- the City Attorney gives more service to all the City departments than to us, of course. I mean, we don't go around with 800 police cruisers with lights on crashing in intersections, or you know -- or we don't fix or not fix sidewalks and people falling in, or we don't file suit against the City, so it's all well. I mean, they have to work. The inspector general of the Congress of the United States works for any of the agencies of the United States, but responds only to the Congress. I have no problem in any members of the Commission having input, fixing, changing, moving around the resolution and the compensation package. I do have a problem if we have to consult with the Administration because this is our decision and our decision only, so you know, I am willing to even defer this so Commissioner Haskins can sit down and think about this. I asked the members of the Commission to send back input, which was legal, before the meeting, and this is why I'm bringing this today, and I just hope that we do it today or next -- I mean, you know -- Jorge's mortgage is not going to be like affected if we don't do this today and we do it next -- in next meeting, and we get time. My only thing is that, with all the respect to Rosie and her staff, this is our call. It's nobody else calls. Commissioner Haskins: And I apologize -- Commissioner Spence -Jones: And I just want to add on -- Commissioner Haskins: -- greatly of -- Commissioner Spence -Jones: -- after that -- Commissioner Haskins: OK Commissioner Spence -Jones: -- Commissioner Haskins. City of Miami Page 137 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Haskins: OK. I want to apologize for not speaking clearly on that, on how I feel about that, because that's not -- I don't want Rosalie Mark to do the evaluation of Jorge and of the City Attorney's Office, certainly not. Commissioner Regalado: Yes. Commissioner Haskins: I don't -- I am not in favor of giving away -- Commissioner Regalado: Yes. Commissioner Haskins: -- the Commission's authority to do the final evaluation, but I -- but my perspective is that I think it is important -- he probably does very little work direct -- they probably do very little work directly for Rosalie. There's a lot of work done for Police, but I would like to know, as a Commissioner, how do the various departments feel? Their needs have been responded to. Because in the end result with the issues that we deal with, whether it's a union con -- union challenge or it's a lawsuit for a police shooting, the FTAA (Free Trade Area of the Americas) matters, all of those things are very important or the daily contracts that are dealt with everyday that we give to -- you know, the Community Development contracts that we give, foreclosures that we deal with, all of those things need to get processed through, effectively, and in the end result, they make us look good or not, and I think it is important, you know -- and it's probably because of where I came from that I feel this way, but I do think it is important because the vast majority of that work is spent not with us, but with the various departments, and for me, I would like to have an understanding of how does staff feel on both the City Attorney's side and the department's side on the service delivery, and their response. Commissioner Regalado: If I may -- Commissioner Spence -Jones: Mr. Chairman -- Chairman Gonzalez: All right. Commissioner Regalado: -- just if I may -- just one final thing. When we're talking about percentages, the City Attorney came here two years ago with a salary and nothing has happened in these two years, so there's no percentage of last year or this year, so this is a two-year thing, just to clam. Commissioner Spence -Jones: OK. Commissioner Haskins: It's not -- it's a retroactive to '98, so it does go back. Commissioner Regalado: OK. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: All right. Yes, Commissioner Jones [sic]. Commissioner Spence -Jones: I just want to really add to the both of my colleagues over there. First, definitely, understanding that because Commissioner Haskins came from the Administration, like myself from the Administration, we do see things a little differently because we've worked it from both ends, and so I want to at least acknowledge that because that is true, but what I do want to make sure to -- you know, and I don't want to have mixed signals. If I'm charged with something -- and I'm glad -- we never have a chance to have these kind of conversations, unless we're on the dais, and my impression, even though you gave us a direct order to do something, was to, you know, evaluate -- and I'm -- I don't keep meaning to bring up the Clerk; only because the Clerk was my person that I -- City of Miami Page 138 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Right. Commissioner Spence -Jones: -- had to evaluate. I thought that that's what I was supposed to do. Now, somewhere down the line -- I'm going to be honest with you -- it changed, and I don't know why it changed, but it was communicated -- yeah, it was communicated that it needed to be -- I don't know if Rosalie wants to speak to it, but it changed, so -- Chairman Gonzalez: But it shouldn't change because you were assigned with the task of -- Commissioner Spence -Jones: It changed. Chairman Gonzalez: -- of evaluating the Clerk's performance in order to come up with the proper compensation, and that is what Commissioner Regalado said. The only three persons that responds directly to this Commission is the City Attorney, the City Clerk, and the auditor, and I'm also not willing to concede that right that we have, and I will not. It's up to us to decide if they're doing a good job, if they're doing the right job, and how much we're going to compensate them. Is that --? That's the way it is. I mean, you know -- Commissioner Spence -Jones: Well, Mr. Chairman -- Chairman Gonzalez: -- and that's the way it has been. Commissioner Spence -Jones: -- I'm -- because you know I'm always going to be a straight shooter, just like you -- Chairman Gonzalez: Sure. Commissioner Spence -Jones: -- so it somehow got lost in -- I'm going to let you -- I just want to make sure that I'm clear, Rosalie. We love you to death, and you do a great job, so this is not about you. Ms. Mark: I'm -- Commissioner Spence -Jones: I'm just trying to make sure -- Ms. Mark: I understand. I just want to clam. Commissioner Spence -Jones: When you have people in limbo -- and this is the question, you know, and I couldn't really understand the frustration, you know, from the person that maybe perhaps I had to evaluate because they're in -- they've been in limbo about making a decision on what their evaluation is, and my thing was we did our evaluation; I've turned it in, so to me, at -- you know, that should be the end of it. I mean, that's the thought. That did not happen that way, and I have to put that out. I have to literally apologize to the Clerk because just -- and not take anything away from Jorge, because Jorge, you did your -- you did what you were supposed to do, but I think that if we're going to make a decision on this, we need to be fair, and being fair means, if you're telling me, Mr. Chairman, that it's our responsibility -- Chairman Gonzalez: It is our responsibility. Commissioner Spence -Jones: -- to make a decision -- and I gave my evaluation, I don't know, about -- almost what, six weeks ago? Then if we're going to bring one up, we need to bring them all up at the same time and get them done with. Commissioner Regalado: Absolutely. City of Miami Page 139 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Absolutely. Ms. Mark: May -- Chairman Gonzalez: And it is -- Ms. Mark: -- I speak, please? Commissioner Spence -Jones: Yes, you may. Ms. Mark: Michelle -- Commissioner Spence -Jones, this was an assignment Commissioner Gonzalez gave to three different Commissioners to follow up, and I was asked to assist. I did not ever have the impression that I was responsible for saying what the increases should be. I met with the three Commissioners that were assigned this. Each one indicated concern about being responsible solely for the evaluation of these people because they didn't work day in and day out with these individuals, and in one case, there was even a feeling that the work that the individual did was such that maybe some other experts needed to be involved in the evaluation, and that went on hold. That was Commissioner Winton, so when I was asked or when I met with you, we went with a recommendation about what you could do, which was to ask the City Clerk to provide input on what she believed she had accomplished in the way of goals or any other initiatives in the last year, and then you could use that as a basis for evaluation, and we offered the use of the form that the City had been using, and from that there was also input given as far as what the increases and how the increases worked in the pay for performance plan, with the notion that even though they don't report to the City Manager, that there was a program in place that seemed to adequately reward people that were doing excellent work, so that is where I left off. If anything, I'd have to say that because the three parts did not come back together in one approached use, it's now appearing that -- Commissioner Spence -Jones: It's splintered. Ms. Mark: -- so we can rescind that. You know, you can pull back the one that you did and decide on whatever approach you want and give whatever amount of increase because you can, so -- and if our input was seen as a directive, it wasn't. Commissioner Spence -Jones: Right. Ms. Mark: It was purely input in an effort to try to recognize these people in a way that we've recognized other hard-working members of the staff through the -- Commissioner Spence -Jones: Right. Ms. Mark: -- pay for performance plan, so that's really what happened. Commissioner Spence -Jones: And Rosalie -- because I don't want to be on it forever -- I don't want to take anything away from you and your staff and your team, and you did an excellent job, and you're right, you did provide us with input, but I'm just telling you, somewhere along the way, my staff and my team, we got a little confused about what our role was, you know, from the standpoint -- because even you know it was even communicated even the way that we decided to grade, and I -- and my response was, I'm -- I graded it based upon what I thought the Clerk was doing and how well she did, and if I was charged by my Chairman on that -- and I'm not saying that it was necessarily you. I'm just simply saying the communication was, you know, how did I basically, you know -- Ms. Mark: The communication was how did -- City of Miami Page 140 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: -- get to that point -- Ms. Mark: Yes. Excuse me. The communication was how did we apply this program in the City, and you did follow what that input was, and I apologize. If I had anything to do with giving you the impression it had to be that way, then I apologize, but I really -- you know, I really think that the coordination of this probably got fractured over the last month or so, and I think that it can - - as far as whatever you all want to do, you can do. Chairman Gonzalez: All right. That brings up another question. I assigned the review of the Auditor General to Commissioner Winton. Commissioner Winton is not here now. Commissioner Haskins: It was not completed by -- Chairman Gonzalez: Are you -- Commissioner Haskins: -- by Commissioner Winton. I don't -- Chairman Gonzalez: -- working on it? Commissioner Haskins: -- think it was started. I was going to ask to be relieved of that responsibility because I was -- I didn't think it would be fair, since areas of mine were subject to the internal audit in the past year. Chairman Gonzalez: All right, so then let's take -- Commissioner Regalado: I think -- Chairman Gonzalez: -- the opportunity to -- Commissioner Regalado: -- it's -- I think you're very, very fair -- Commissioner Spence -Jones: That's the fair thing to do. Commissioner Regalado: -- in saying that. Chairman Gonzalez: All right. Let's take the opportunity then at this point -- because if we want to bring the three compensation packages at the same time, then we need to start moving things up. I'm going to -- yes, sir. Commissioner Regalado: I'll do it. Chairman Gonzalez: Pardon me? No, I don't think it's fair because you already did -- Commissioner Regalado: OK. Vice Chairman Sanchez: Hey, he wants it. Chairman Gonzalez: -- the City Attorney, so I'm going to assign it to Commissioner Sanchez -- Vice Chairman Sanchez: What have I -- Chairman Gonzalez: -- to Vice Chairman Sanchez. Vice Chairman Sanchez: -- done to you? City of Miami Page 141 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Because, you know, you're my friend. Commissioner Regalado: Because you have to earn your salary. Chairman Gonzalez: Exactly, so -- Vice Chairman Sanchez: Well, hey, if there's anybody that earns his salary here, it's me Chairman Gonzalez: Right, so I'm -- I need you to get on it, so you know -- Commissioner Regalado: And the purpose of this -- Commissioner Sanchez: I'll never speak to you again. Commissioner Regalado: -- is to bring back the three together -- Chairman Gonzalez: Right. Commissioner Regalado: -- next meeting or --? Commissioner Spence -Jones: Yeah. If we can move -- I mean -- Chairman Gonzalez: That's -- Commissioner Spence -Jones: -- since I've already done mine -- my evaluation, I'm ready to go with what I have -- Chairman Gonzalez: That's what you're suggesting -- Commissioner Spence -Jones: -- and Mr. City Attorney -- Chairman Gonzalez: -- right? Commissioner Spence -Jones: -- I mean, I have really no real issues at all, so if we -- I just would like to be fair and bring them at the same time. If we can bring it up for the July 27 meeting, I'm more than OK with that. Vice Chairman Sanchez: All right. Chairman Gonzalez: No. We are not going to be able -- let me clear -- Commissioner Spence -Jones: Oh, yeah, I remember. Chairman Gonzalez: -- we are not going to be able to do this in the second meeting in July because it's Planning and Zoning, and as it is -- Commissioner Spence -Jones: It's crazy. Chairman Gonzalez: -- I don't know what is going to happen that day, so we're talking September, all right? Vice Chairman Sanchez: All right. Let -- Chairman Gonzalez: Yes, sir. City of Miami Page 142 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Vice Chairman Sanchez: -- me just elaborate on the responsibility you have given me, OK -- Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: -- because I have heard each and every one of you raise your concerns. I'll do it, but I will need written recommendations as to your dealings with the individual that I'm evaluating, all right. I'm not going to base this on just myself, but basically on each and every one of you, and on the record, I would only bring that evaluation up once I receive from each one of my colleagues what they believe that he has done, and basically, I just want to see what I get from you, whether it's favorable or nonfavorable [sic]. Commissioner Spence -Jones: That's a good point. Commissioner Regalado: That's what -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- I ask from you, when I sent the memo. Commissioner Spence -Jones: And I would do the same. I will ask for the Clerk -- you know, I would do the same to ask for you guys to give me your input, too, because I think that is a great way -- see, you made a positive contribution already. Chairman Gonzalez: All right. Commissioner Regalado: That's very fair. Vice Chairman Sanchez: But -- Mr. Fernandez: Mr. Chairman. Commissioner Sanchez: -- if we don't -- Chairman Gonzalez: So -- yes, sir. Vice Chairman Sanchez: -- vote on -- Chairman Gonzalez: I'm sorry. Vice Chairman Sanchez: -- the issue -- let me just say something. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: I'm not in favor of bringing everyone at the same time. Mr. Fernandez: No. Chairman Gonzalez: Me neither. Vice Chairman Sanchez: They're all apple and oranges. Chairman Gonzalez: Me neither. Commissioner Sanchez: They all have different responsibilities. City of Miami Page 143 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: Exactly. Commissioner Sanchez: We can't compare them as to what they do. They all play a very important role to this legislative body -- Chairman Gonzalez: Yes. Commissioner Sanchez: -- so I am against bringing it all together at one time. It is just -- it'll open up Pandora's boxes for arguments that shouldn't even be made in the public, OK. I have the utmost respect for our City Attorney, I have the utmost respect for our City Clerk, and I certainly have the utmost respect for our auditor, but the issue that's in front of us today is the City Attorney -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- and let me just say that in the eight years that I've been here -- and those that have been here with me -- we have gone through a lot of things pertaining to city attorneys. I have never seen one that is most professional and dedicated and will give you an opinion whether you like it or not, and that is very important to us. Why? Because he is our legal advisor. You would not make a decision in the private sector of your life when your attorney tells you not to do something. We have the same responsibility. We may not agree with him, and we have every right, under the power that is given to us, to seek another opinion, but let's talk about professionalism. Let's talk about accountability. Never have I seen a presentation such as this one where we're able to hold attorneys accountable, hour by hour. This program that was presented to us -- a Pro -Law, I believe it is -- Mr. Fernandez: Pro -Law. Commissioner Sanchez: -- something that is used -- it is used in the private sector. You can't be an attorney in the private sector and not bill hours, all right, so I just want to state on the record that I have had advice from the Attorney that I have agreed with. There's some that I have not agreed, but I have respected, and I can honestly tell you that the compensation package that's in front of us is something very reasonable. This man can leave tomorrow and go to a big law firm and make much, much more than this, so based on the presentation that's given to us, I am prepared to vote on his compensation today. Commissioner Spence -Jones: And I just want -- Chairman Gonzalez: All right. Do you want to do a roll call on the compensation? Vice Chairman Sanchez: If it fails -- Mr. Fernandez: Yes. Commissioner Sanchez: -- it fails, and it -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- you know. Commissioner Regalado: But it's a resolution. It's a resolution. Vice Chairman Sanchez: Well -- City of Miami Page 144 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: It's a resolution, but anyways -- Vice Chairman Sanchez: I move the resolution of the City of Miami Commission, with attachments, approving the compensation and -- for the City Attorney Jorge L. Fernandez, Esquire. Chairman Gonzalez: All right. Commissioner Spence -Jones: -- and I just have a -- Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: -- discussion before I -- Chairman Gonzalez: OK, but we have a motion. Commissioner Spence -Jones: I -- Commissioner Regalado: Second. Chairman Gonzalez: Wait a minute. Wait a minute, please. Wait a minute. Vice Chairman Sanchez: We should -- listen -- Chairman Gonzalez: We have time. We have time. Vice Chairman Sanchez: -- we should always make a motion and a second -- Chairman Gonzalez: We have time. We need to -- Vice Chairman Sanchez: -- and open it for discussion. Chairman Gonzalez: -- make a motion, make a second, and then open it for discussion, so we have a motion. Commissioner Regalado: I will -- Chairman Gonzalez: Does anybody second? Commissioner Regalado: Second. Commissioner Spence -Jones: I second it -- Chairman Gonzalez: We have a second. Commissioner Spence -Jones: -- but I was -- just had a discussion. Chairman Gonzalez: Now we're going to open for discussion, and now we'll recognize you. Commissioner Jones [sic]. Commissioner Spence -Jones: OK. All I want to be able to do -- just -- because you made the recommendation, that -- for the auditor and for the City Clerk, that we all give letters -- Chairman Gonzalez: Yeah. City of Miami Page 145 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Unidentified Speaker: Um -hum. Commissioner Spence -Jones: -- based upon our recommendation. Chairman Gonzalez: Exactly. Commissioner Spence -Jones: I think that it's more than fair that we do the same thing for -- to Commissioner Regalado respond because I think you need to hear from each one of us what our viewpoints and opinions. As I stated early, I think this is -- in fact, I don't have any problems with Jorge. We have a good old time. I get a lot of great things done. I have no problems with your team. We get it done. That's not what this is about. It was about just being fair, OK, so since you made the statement, my wonderful colleague sitting on the -- to my right that it was important for us at least -- because you didn't want to make a decision based upon what the auditor -- without -- on the auditor without having our opinion, I think that it's more than fair to make sure that we at least give you that in writing if we're going to do it for the others. That's my only statement. Chairman Gonzalez: All right. Vice Chairman Sanchez: But hold on. He sat down with me and gave me a presentation. Did he offer you the same presentation? Mr. Fernandez: Yes. Commissioner Spence -Jones: But that's not the point. Vice Chairman Sanchez: Then what is the point? Commissioner Spence -Jones: You just made the statement that you'd like to have it in writing, our opinions, not his state -- I'm not talking about a presentation. You asked for each one of us to give you something in writing before you made a decision after -- off of the Auditor General, and all I'm saying is I would like to be afforded the opportunity -- I don't know if Ms. Haskins would like -- at least be able to give Regalado our viewpoint. Vice Chairman Sanchez: But I don't deal with the attorney gen -- I don't -- the auditor, I don't deal with him on a daily basis. He doesn't come in front of me -- Chairman Gonzalez: Exactly. Commissioner Sanchez: -- for -- Commissioner Spence -Jones: But the -- Chairman Gonzalez: Different. It's completely different. Vice Chairman Sanchez: It's apples and oranges. I mean, I -- listen, I respect -- you want -- whatever -- it's the will of the Commission. Chairman Gonzalez: Right. Vice Chairman Sanchez: What I want here is harmony and the will of the Commission. Chairman Gonzalez: All right. We -- Vice Chairman Sanchez: I just don't want to mix apples and oranges. City of Miami Page 146 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: -- have a motion and we have a second. Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Haskins? Commissioner Haskins: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: Then the payment package has been approved, 3/2. Chairman Gonzalez: Thank you. NA.9 06-01259 RESOLUTION OF CONDOLENCE A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF LUIS PENELAS, JR. UPON HIS UNTIMELY DEATH. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0477 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to direct the City Clerk to complete a resolution of condolences to be sent to the family of Luis Penelas, to be signed by the Mayor and the Commissioners of the City of Miami. Chairman Gonzalez: Next item, DI.4. Commissioner Regalado: Mr. Chairman, if I can -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- just mention something. I think it's fitting that the City Commission directs the City Clerk to write a resolution of condolence to the family of Luis Penelas. Luis died, and he served on several boards of -- Chairman Gonzalez: That's right. City of Miami Page 147 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 NA.10 06-01260 Commissioner Regalado: -- the City of Miami; was a very active member of the Buena Vista Homeowners Association, so if I can have the City Clerk maybe for the signature and to send it to his brother, the former Mayor Alex Penelas -- Commissioner Haskins: That's a wonderful idea. Commissioner Regalado: -- so so moved. Vice Chairman Sanchez: Second, and the only amendment, that it be signed by the Mayor and all the Commissioners. DISCUSSION ITEM BRIEF DISCUSSION REGARDING MEDICAL CONDITION OF HUGH RYAN. DISCUSSED Commissioner Regalado: And the other thing is that one of our most active community leaders in the City of Miami and member of the Code Enforcement Board, Hugh Ryan, the president of the Shenandoah Homeowners Association, was involved in a very, very bad car accident -- Chairman Gonzalez: Wow. Commissioner Regalado: -- and he's at ICU (Intensive Care Unit) at Jackson Memorial Hospital -- Chairman Gonzalez: Wow. Commissioner Regalado: -- and we -- our prayers are with his family. Vice Chairman Sanchez: I have been trying to get a hold of someone close to him to see -- Commissioner Regalado: I saw -- Vice Chairman Sanchez: -- what his conditioner -- Commissioner Regalado: -- his wife Erin (phonetic), and he -- today he was being operated. He will be at least a year -- Vice Chairman Sanchez: In rehab? Commissioner Regalado: -- in rehab because of the -- this tragic accident in 1-95 that happen last week. NA.11 06-01261 DISCUSSION ITEM BRIEF DISCUSSION REGARDING CITY CLERK PRESENTATION TO THE CITY COMMISSION. DISCUSSED Direction by Commissioner Spence -Jones to the City Clerk to create a presentation highlighting the accomplishments of the Office of the City Clerk, to present to the City Commission at the City Commission meeting currently scheduled for September 14, 2006. Chairman Gonzalez: All right. That concludes the agenda. Do we have any pocket items? City of Miami Page 148 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Commissioner Spence -Jones: No. I -- Chairman Gonzalez: No pocket items. Commissioner Spence -Jones: -- just want to just make a comment, though, if I can? Chairman Gonzalez: Yes, ma'am, of course. Commissioner Spence -Jones: Just because we had this very lengthy discussion on this whole issue of the compensation package, I would like to at least afford the City Clerk the opportunity to put together a presentation so that we can also make that available to my colleagues on the dais, and I will ask for also -- I would ask that all my City -- my colleagues on the dais to please provide for me in writing your comments or suggestions because I would definitely like to have them; I think it's important, and as soon as we -- I know that -- we hate to have you wait till September, Madam Clerk. I know you've been so -- oh, so patient -- that we would definitely make sure we address your issue first thing in September. Commissioner Regalado: And why do we have to wait until September? Commissioner Spence -Jones: Because we have to vote on -- I mean, we don't see each other in August, right? Commissioner Regalado: Well -- but we have a budget hearing, a regular meeting, and a second meeting. Commissioner Spence -Jones: Can we do it then? Larry Spring (Chief of Strategic Planning, Budgeting& Performance): No, no. Commissioner Regalado: After -- Commissioner Spence -Jones: Do you mind? Commissioner Regalado: -- the budget hearing -- Mr. Spring: No. Commissioner Regalado: -- it could come up as a pocket item. Mr. Spring: No. The budget hearing is -- sorry. Larry Spring, chief of Strategic Planning, Budgeting & Performance. It is a workshop. It is not a regular Commission meeting -- Commissioner Regalado: No. Mr. Spring: -- on the 31 st. Commissioner Regalado: Oh, I'm sorry. Mr. Spring: Yeah. Commissioner Regalado: I -- but I was talking about the real budget hearing. Mr. Spring: The real -- City of Miami Page 149 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: That -- Mr. Spring: -- budget hearing is -- Commissioner Spence -Jones: That's September, though. Mr. Spring: -- in September. Commissioner Regalado: Oh, that's September. Mr. Spring: Yes. Chairman Gonzalez: That's September, right. Commissioner Regalado: That's September. Commissioner Spence -Jones: So I'm saying we won't deal with it in September. Commissioner Regalado: So it's only the last -- Mr. Spring: It's a workshop -- Commissioner Regalado: -- meeting of July. Mr. Spring: -- and you can't deliberate. You only can give me feedback. Commissioner Regalado: OK. Mr. Spring: All right. Chairman Gonzalez: So we're going to -- Commissioner Regalado: Oh, I'm sorry. Chairman Gonzalez: -- bring it back in September, right? Commissioner Spence -Jones: I just want to make sure she knows and she's confident that we're going to take care of -- Priscilla A. Thompson (City Clerk): I have no problems with that. Chairman Gonzalez: I would say -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- the first meeting in September, which is -- Ms. Thompson: Thank you. Chairman Gonzalez: -- going to be light because the second meeting will be budget, right? Mr. Spring: Well -- Ms. Thompson: No. Both -- City of Miami Page 150 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Mr. Spring: -- once given the date of the budget hearing now, which will be two days before -- Chairman Gonzalez: Right. Mr. Spring: -- the first budget hearing, your second -- that meeting will only have your CA (consent agenda) -- Chairman Gonzalez: Right. Mr. Spring: -- maybe a couple of public hearing items, and it probably will be light, you know -- Chairman Gonzalez: OK Mr. Spring: --SO-- Chairman Gonzalez: Very good. NA.12 06-01264 DISCUSSION ITEM BRIEF DISCUSSION BY THE NEWLY -APPOINTED CITY MANAGER, PEDRO G. HERNANDEZ, THANKING THE CITY COMMISSION FOR THEIR SUPPORT. DISCUSSED Chairman Gonzalez: All right. Any further -- other business? Pedro G. Hernandez (City Manager): Mr. Chairman. Chairman Gonzalez: All right. We need a motion to adjourn. Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Hernandez: If I may, I would like to thank you and the Commissioners. It's been quite a day for me today, and thank you for your collaboration and support here this agenda. Chairman Gonzalez: Sure. Mr. Hernandez: Thank you. Chairman Gonzalez: My pleasure. Commissioner Regalado: And in the County, you stay there for about 3 or 4 a.m. in the morning. Here, you get to go home early, you know. One of the perks. Mr. Hernandez: Well -- but, you know, you take it with you, and if not here, at the house. You know, with today's technology, you're always on -- Commissioner Regalado: Thank you. Mr. Hernandez: -- but it's a pleasure to be here and to be a part of the team. Thank you. Chairman Gonzalez: All right. Motion to adjourn. Commissioner Haskins: So moved. City of Miami Page 151 Printed on 8/2/2006 City Commission Meeting Minutes July 13, 2006 Chairman Gonzalez: We have a motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye City of Miami Page 152 Printed on 8/2/2006