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Home My WebLink AboutCC 2006-09-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Tuesday, September 12, 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 September 12, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 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 12th day of September 2006, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:38 a.m., recessed at 12:29 p.m., reconvened at 3:08 p.m., recessed at 5:14 p.m., reconvened at 5:29 p.m., and adjourned at 9:56p.m. Note for the Record: Commissioner Spence -Jones entered at 9:40 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the September 12, 2006 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Linda Haskins, and me, Angel Gonzalez, your Chairman. Also on the dais are Pedro G. Hernandez, the 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 -- Vice Chairman Sanchez, and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-01625 CEREMONIAL ITEM Name of Honoree Presenter Latin American Miami All -Star Baseball Team Herbert Iser Oney Pino Jordan Morina Giovon Soto Armando Prieto Alejandro Rodriguez Themi Pineda Alex Rodriguez Solon Robbins Christian del Castillo Eduardo Arteaga Jeter Downs Adrian del Castillo Community Pride Clean-up Campaigns Rasha Soray-Cameau Commissioner Loren Daniel Commissioner Allan Roker Commissioner Unite for Peace Campaign Mecca aka Grimo Commissioner Buggah D. Govanah Commissioner Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Vice Chair Sanchez Spence -Jones Spence -Jones Spence -Jones Spence -Jones Spence -Jones Protocol Item Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation City ofMiami Page 3 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 MAYORAL VETOES Veronica Torres Larry Gordon Abdul Muhsin Commissioner Spence -Jones Commissioner Spence -Jones Commissioner Spence -Jones Barbara Bisno Commissioner Haskins Community Relations Board Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation 06-01625 Cover Page .pdf 06-01625 Protocol List .pdf Vice Chairman Sanchez presented Certificates of Merit to the Latin American Miami All -Star Baseball Team. Commissioner Michelle Spence -Jones presented Certificates ofAppreciation to Rasha Soray-Cameau, Little Haiti NET Administrator, Loren Daniel, Overtown NET Administrator (accepted by David Rosemond), and Allen Roker, Assistant Director of Solid Waste (accepted by Mario Soldevilla), for their outstanding support of the Community Pride Clean -Ups Campaign that was launched in the Overtown and Little Haiti areas. Commissioner Michelle Spence -Jones acknowledged Abdul Muhsin, Mecca aka Grimo, Buggah D. Govanah, Veronica Torresto, and Larry Gordon for their outstanding support during the United for Peace Campaign; Abdul Mashin accepted Certificates ofAppreciation on behalf of Mecca aka Grimo, Buggah D. Govanah and Larry Gordon; Lisa Martinez accepted on behalf of Veronica Torresto. Mayor Diaz recognized Alejandra Argudin, Assistant Director/Public Facilities, for the phenominal work she performed during her 14 year tenure with the City ofMiami. Chairman Gonzalez: All right. Now we're going to go with the proclamations. I believe -- and the presentations -- Vice Chairman Sanchez, you have some proclamations. Vice Chairman Sanchez: Yes, sir. Mr. Chairman. Thank you. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: All right. Madam Clerk, we don't have any vetoes from the Mayor's Office; is that correct? Priscilla A. Thompson (City Clerk): That is correct. There are no mayoral vetoes. Chairman Gonzalez: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sanchez, seconded by Commissioner Haskins, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. Now we're ready to go into the consent agenda. Are there -- Priscilla A. Thompson (City Clerk): Sir -- Chairman Gonzalez: -- any items that --? City ofMiami Page 4 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Thompson: I'm sorry. Chair, may I get a motion or approval on your minutes? Vice Chairman Sanchez: Motion to approve the minutes. Ms. Thompson: There're two sets. Vice Chairman Sanchez: Can we -- could we do them both together? Chairman Gonzalez: All right. We -- yeah. We need to approve -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- the Planning & Zoning meeting ofJuly 27, 2006 and the regular meeting ofJuly 13, 2006. Can we do them -- Ms. Thompson: Definitely. Chairman Gonzalez: -- one vote? Ms. Thompson: Definitely. Chairman Gonzalez: All right. We have a motion. Vice Chairman Sanchez: So move. Chairman Gonzalez: Do we hear a second? Commissioner Haskins: Second. Commissioner Regalado: 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. Motion carries. City of Miami Page 5 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 ORDER OF THE DAY Chairman Gonzalez: All right. We will now begin the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. 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 at the City Clerk's office. The materials in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office, and also online. Formal action may be taken on any item discussed here today 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 the Commission's action. The Commission may override such veto by a four fifths 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, nor other audible sound ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or 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, heckling, or verbal outburst in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Person exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the `public hearing" portions of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible. The City Clerk will take their names. At the time the item is heard, persons who would 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 notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberations of the agenda item 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 sequence on the agenda, except for items PH.6 through 16, which will begin after 10:30 a.m. They have been specially advertised to be heard at that time. The budget items will be heard after 5:05 this afternoon, and now please take note, the following items have been pulled from the agenda. They are consent agenda item number 3 that is being pulled and continued to October 13. Also, RE.2, RE.4, RE.5, RE.6, andRE.8 have been pulled from the agenda and will not be presented or discussed today. Again, I repeat, consent item number 3, pulled and to be heard on October 13, and the other items, RE.2, 4, 5, 6, and 8, have been pulled from the agenda. The following items also are being substituted. There are minor changes that had been made since the agenda went to publication, and we need for you to be aware that consent item number 8 and 12 are being substituted, and when you call those items specifically, Mr. Chairman, staff will give you what's being substituted in those two items. FR.1 and FR.2 are also being substituted; minor details, but very important that they be substituted on the record, and that concludes my remarks, Mr. Chairman. CONSENT AGENDA CA.1 06-01415 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD FISCAL YEAR 2006 CDFA #97.025, EMW-2006-CA-0218" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $697,915, CONSISTING OF A REIMBURSEMENT GRANT (CDFA 97.025, EMW-2006-CA-0218) FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, TO BE USED BY THE DEPARTMENT OF City of Miami Page 6 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 FIRE -RESCUE, FOR THE DEVELOPMENT AND MAINTENANCE OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM RESOURCES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT COOPERATIVE AGREEMENT (AS ATTACHED) AND RELATED NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD. 06-01415 Legislation .pdf 06-01415 Exhibit .pdf 06-01415 Exhibit 2.pdf 06-01415 Exhibit 3 .pdf 06-01415 Exhibit 4 .pdf 06-01415 Summary Form.pdf 06-01415 Fema Usar Grant Award.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0484 CA.2 06-01417 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF THOMAS MAINTENANCE SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION TO BID NO. 05-06-058, ISSUED JUNE 27, 2006, FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING CONTRACT, B-30393," IN THE PROPOSED AMOUNT NOT TO EXCEED $384,267.20, FOR A TWO-YEAR PERIOD, AS STATED ON THE FORMAL BID DOCUMENT AND PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $192,133.60, FOR FISCAL YEAR 2006-2007, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.310201.6.340, WITH FUTURE FISCAL YEARS FUNDING SUBJECT ONLY TO THE AVAILABILITY OF FUNDS AND THE CONTRACTOR'S SATISFACTORY PERFORMANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE USE OF THE ATTACHED CONTRACT BY OTHER CITY DEPARTMENTS IN ACCORDANCE WITH THE TERMS OF THIS RESOLUTION. 06-01417 Legislation.pdf 06-01417 Exhibit.pdf 06-01417 Exhibit 2 .pdf 06-01417 Exhibit 3 .pdf 06-01417 Summary Form.pdf 06-01417 Proposal Bid Form.pdf 06-01417 Schedule of Bid Prices.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City of Miami Page 7 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 CA.3 06-01416 Department of Public Works CA.4 06-01428 Civilian Investigative Panel R-06-0485 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION ("COMMISSION"), TO CONTINUE THE CITY OF MIAMI'S ("CITY'S") SHARE OF SUPPORT FOR THE COMMISSION AND PROVIDING EDUCATIONAL PROGRAMS RELATING TO THE MIAMI RIVER, FOR A THREE (3) YEAR TERM TO FUND FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007, ENDING ON SEPTEMBER 30, 2007, IN AN ANNUAL GRANT AMOUNT NOT TO EXCEED $25,000, FOR A TOTAL GRANT AMOUNT NOT TO EXCEED $75,000, FOR THE CITY'S SHARE; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6. 930. 06-01416 Legislation .pdf 06-01416 Exhibit .pdf 06-01416 Exhibit 2 .pdf 06-01416 Summary Form .pdf DEFERRED Item CA.3 was deferred to the Commission meeting currently scheduled for October 12, 2006. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL ("CIP"), APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 05-06-064, THAT THE MOST QUALIFIED FIRMS TO REPLACE TWO TERMINATED CONTRACTS TO PROVIDE PRIVATE INVESTIGATION SERVICES FOR THE CIP, ON AN AS -NEEDED BASIS, IN RANK ORDER ARE: (1) KWIC, INC., AND (2) PROEDGE GROUP; AUTHORIZING THE CIP'S EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH TOP -RANKED FIRM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, IN AN AGGREGATE ANNUAL AMOUNT FOR ALL CONTRACTS, INCLUDING TWO CURRENT, CITY COMMISSION APPROVED CONTRACTS, IN AN AMOUNT NOT TO EXCEED $210,000; ALLOCATING FUNDS, FROM ACCOUNT CODE NO. 604001.830201.6.340. City of Miami Page 8 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01428 Legislation.pdf 06-01428 Exhibit .pdf 06-01428 Exhibit 2 .pdf 06-01428 Exhibit 3 .pdf 06-01428 Exhibit 4 .pdf 06-01428 Exhibit 5 .pdf 06-01428 Exhibit 6 .pdf 06-01428 Cover Memo.pdf 06-01428 Memo.pdf 06-01428 Letter.pdf 06-01428 Memo 2 .pdf 06-01428 Summary Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0486 CA.5 06-01440 RESOLUTION Homeless Programs A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "INTERLOCAL AGREEMENT BETWEEN THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") AND THE MIAMI HOMELESS ASSISTANCE PROGRAM ("MHAP") 2006," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $25,000, CONSISTING OF AN AGREEMENT FOR FUNDING TWO COMMUNITY OUTREACH SPECIALIST POSITIONS, FOR THE PROVISION OF SIX MONTHS OF SERVICES TO THE HOMELESS IN THE CITY OF MIAMI PARKING SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID FUNDS. 06-01440 Legislation .pdf 06-01440 Exhibit.pdf 06-01440 Exhibit 2 .pdf 06-01440 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0487 CA.6 06-01454 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE FOLLOWING THREE PARCELS OF LAND: PARCEL 1 CONTAINING APPROXIMATELY 2,862 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; PARCEL 2 CONTAINING APPROXIMATELY 992 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; AND PARCEL 3 CONTAINING APPROXIMATELY 259 City of Miami Page 9 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED, OF FDOT PROPERTY LOCATED IN THE AREA OF SOUTHWEST 5TH STREET AND 3RD AVENUE, MIAMI, FLORIDA , BY QUITCLAIM DEED, WITH A PUBLIC PURPOSE REVERTER PROVISION, IN SUBSTANTIALLY THE ATTACHED FORM, TO BE USED IN CONNECTION WITH THE DEVELOPMENT OF JOSE MARTI PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID ACQUISITION. 06-01454 Legislation .pdf 06-01454 Exhibit .pdf 06-01454 Summary Form .pdf 06-01454 Legal Description .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0488 CA.7 06-01475 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, A STATE OF FLORIDA GOVERNMENT ENTITY, FOR THE USE OF THE ORANGE BOWL STADIUM, ON AN AS -NEEDED BASIS AND SUBJECT TO AVAILABILITY, THROUGH DECEMBER 31, 2007, FOR THE PURPOSE OF PROVIDING A DISASTER FOOD STAMP DISTRIBUTION CENTER FOR THE "FOOD FOR FLORIDA" PROGRAM IN THE EVENT A STORM HITS THE SOUTH FLORIDA AREA; FURTHER PROVIDING FOR A WAIVER OF THE BASIC USE FEE ASSOCIATED WITH SAID USE. 06-01475 Legislation .pdf 06-01475 Exhibit .pdf 06-01475 Summary Form .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0489 CA.8 06-01476 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, Programs/Transpor RESTRICTING THE USE OF FOUR CITY -OWNED PARCELS OF LAND, AS tation DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City of Miami Page 10 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01476 Legislation .pdf 06-01476 Exhibit.pdf 06-01476 Exhibit 2 .pdf 06-01476 Exhibit 3 .pdf 06-01476 Summary Form .pdf 06-01476 Pre -Legislation .pdf 06-01476 Text File Report .pdf 06-01476 Text File Report 2 .pdf 06-01476 Text File Report 3 .pdf 06-01476 Text File Report 4 .pdf 06-01476 Text File Report 5 .pdf 06-01476 Revised Agenda Package.pdf Motion by Commissioner Regalado, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0523 Chairman Gonzalez: Let's do CA.12. Would you please introduce your -- Jorge L. Fernandez (City Attorney): Modifications to 8 -- Chairman Gonzalez: -- modification? Mr. Fernandez: -- and 12. Gary Fabrikant (Assistant Director, Capital Improvements Program): CA.12 -- Gary Fabrikant, Department of Cap -- Chairman Gonzalez: CA.8. Mr. Fabrikant: CA.8. Chairman Gonzalez: 8. Mr. Fabrikant: Gary Fabrikant, Department of Capital Improvements. This item is requesting a unity of title for the recreational and soccer component of the Little Haiti Park project. The substitution was required to correct a minor description in the legal description in the attachment. Chairman Gonzalez: All right. Do I hear a motion? Commissioner Regalado: Move it. Commissioner Haskins: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second, as amended. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 11 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 CA.9 06-01477 Department of Capital Improvement Programs/Transpor tation Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MANUEL G. VERA & ASSOCIATES, INC., THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-038, TO PROVIDE SURVEY/MAPPING SERVICES FOR THE CITY OF MIAMI STREETCAR PROJECT, B-71215G, IN THE AMOUNT OF $720,332, PLUS AN ADDITIONAL OWNER CONTINGENCY IN THE AMOUNT OF $79,668, FOR A TOTAL AMOUNT NOT TO EXCEED $800,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-71215G, CONSISTING OF CAPITAL IMPROVEMENT FUNDS AND VARIOUS OTHER FUNDS AS MAY BECOME AVAILABLE. 06-01477 Legislation.pdf 06-01477 Exhibit .pdf 06-01477 Exhibit 2 .pdf 06-01477 Exhibit 3 .pdf 06-01477 Exhibit 4 .pdf 06-01477 Summary Form .pdf 06-01477 Pre-Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Haskins, Sanchez and Spence -Jones Noes: 2 - Commissioner Gonzalez and Regalado R-06-0505 Chairman Gonzalez: All right. Let's take CA.9. Commissioner Spence -Jones have some concerns. Commissioner Spence -Jones: It's -- yeah. I just -- just so that I get clarity on it. I know the streetcar project is something that is ongoing, and we know that there's a serious issue, from a transportation standpoint or traffic standpoint, in the City, so I know that's the reason why we're trying to move ahead. I had requested for us to get copies of the original amounts that we spent for the feasibility study and what yield -- what came from the actual study, the result of it, and I'd like for Mary to at least put that on the record because that is a big question. I believe the streetcar really affects three of our districts, Haskins' and the Chairman's district, so we just want to have -- I just want to have a sense -- because I think it's important, Mary, that when we have feasibility studies and things like this to take place, that you come back and kind of give us an update as to, you know, where we are with it before we take the next step in spending the dollars, but I know that this is something that's on a fast track, and I know it's something that we need to get done with all the building that's happening, so ifyou can just give me, in a nutshell -- and I think my colleagues -- just to give us a sense of you know, what -- kind of what the findings were, and the expected dollars, and where they're going to come from. Mary Conway (Chief of Operations): Certainly. You received a memorandum yesterday from the City Manager that included a brief summary regarding the streetcar, and also included a spreadsheet with the project funding to date. The item specifically, CA.9, is requesting approval of a contract with Manny G. Vera & Associates, associated with providing survey services for the streetcar. The reason that's being requested -- ifyou recall, in May of last year, the Commission City of Miami Page 12 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 approved the feasibility study for the streetcar and authorized limited additional activities, including the alternatives -- engineering alternatives analysis and the environmental assessment for the project. Those efforts have been underway since last year. There's a final draft of the engineering report and the environmental assessment that's being reviewed right now that, hopefully, will be presented before the Commission in November. We tentatively have the public hearing scheduled for October. In addition to advancing those elements of the project, there's some nominal efforts associated with underground utility coordination, some geotechnical services, and some survey to make sure, in the case of the alignment, that the right-of-way that's showing on maps is, in fact, there; that corner clips and additional right-of-way won't be required; regarding the geotechnical, that we can do periodic pavement cores to make sure that we're minimizing any unknowns as we move forward with putting this out with what, hopefully, will be a request for qualifications, and then proposals for a design -build, finance, operate, maintain, or concession for the project, so that is the rationale behind the item that's before you. Commissioner Spence -Jones: OK. All right. I just -- I'm very clear, but I always like to make sure the -- Ms. Conway: Certainly -- Commissioner Spence -Jones: -- folks that are -- Ms. Conway: -- and -- Commissioner Spence -Jones: -- watching, they understand because I get a lot of questions about streetcar, and just making sure my colleagues also understand -- Ms. Conway: -- then, Commissioner -- Commissioner Spence -Jones: -- how we got to the point where -- Ms. Conway: Certainly. Commissioner Spence -Jones: -- we're now getting ready to spend money for survey and mapping. Ms. Conway: Certainly, and then, regarding the funding on the spreadsheet, the primary funding has been coming from the 20 percent share of the transit surtax that has to be spent on transit, or it reverts to Miami -Dade County. We also have used downtown streets impact fees, as well as some dollars from the FEC (Florida East Coast) Corridor Improvement Trust. If you recall last year, the Commission approved two separate items to do some reengineering to the Midtown Miami street infrastructure to allow the underground infrastructure for the streetcar to be constructed in conjunction with that project. That was done because Midtown is a brownfield, and there were environmental considerations that would have significantly driven up the cost in the future. That's been -- that has been already addressed and is nearing construction completion. There are also some transit dollars from the Department of Transportation that have been allocated, and then the Department of Transportation has also committed to be a 50 percent fund partner to the City for this project. The current estimate is $200 million for all of the capital expenditures, the design, the construction, construction inspection, and they've committed to be a 50 percent fund partner, and then we have different finance scenarios for the City's 50 percent that will be presented in November before the project moves any further. Chairman Gonzalez: How much is this project going to cost? Commissioner Spence -Jones: She just said two mill -- she just said 200 million. City of Miami Page 13 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Conway: The capital cost for the project right now is estimated at $200 million for just under 14 miles of track, a north -south alignment, and an east -west, and a maintenance and operations facility. Chairman Gonzalez: Two hundred million dollars, and what will be the portion that the City will have to come up with for this project? Commissioner Spence -Jones: She just said it. Ms. Conway: Fifty percent, $100 million. Chairman Gonzalez: One hundred million dollars. Commissioner Regalado: I thought it's two hundred and -- Chairman Gonzalez: Does it make -- Commissioner Regalado: -- twenty-seven. Chairman Gonzalez: -- sense, in a city where a lot of people are going to be losing their homes because they can't afford to pay taxes, and insurance, and all of that, that we build a streetcar at a cost of $100 million from the taxpayers? Yeah. Commissioner Regalado: Well, I have voted several times "no" because I think that I never knew where the funding was coming up. My question is the operation is about $8 million a year, and you know -- and my question also is, if we have to spend 20 percent of all the half a penny funds that we get from the County in real transportation, would we expending the whole 20 percent on the streetcar, or are we able to get -- like Coral Gables -- the trolleys throughout different -- Chairman Gonzalez: Right. Commissioner Regalado: -- corridors with the 20 percent? So I have great reservations and -- you know, Mary and the Manager knows this -- about this project. I know that FDOT (Florida Department of Transportation) has promised -- it says here 200, but it's $100 million, butt really don't know when they going to release that money, so you know, it's -- Chairman Gonzalez: All right. Do we have a motion on this item? Commissioner Jones [sic]. Commissioner Spence -Jones: Yeah. So moved. Commissioner Haskins: Second. Vice Chairman Sanchez: Discussion. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Vice Chairman Sanchez: I have not seen the feasibility study yet. I'm -- when do you see we'll -- when should we get that study? Ms. Conway: The feasibility study was provided to the Commissioners in May of 2005, when it was voted and approved to continue with the alternatives analysis and the environmental assessment, and we can provide you with a draft to date of the environmental assessment and the documents that have been developed subsequent to that. City of Miami Page 14 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: Mary, everything. You're talking about -- you said $200 million. Well, the last figures that saw was $227 million, OK. Now you've heard two Commissioners here very worried about spending that amount of money for that project when we have a city that is the third poorest city in the nation. I could tell you this much, the project -- I believe in the project. It's all about bringing people back into the City. It's all about bringing people to one point, and then moving around, and transportation is one of the important factors that we have to provide to the people in the City, but let me tell you, you're dealing with $227 million, and when you talk about those figures coming from your mouth, which we have to come up with 50 percent, that's $100 million. I don't know of any transportation in this great nation of ours that's profitable. It all costs the government money; it all costs the people money, at the end of the day, so have we even considered partnering up and looking for partners on this, and creating, in the future realistic world that we live in, when we have to come up with a million dollars, can't we partner up with the private sector to help us compensate for that amount of money? Pedro G. Hernandez (City Manager): Commissioner, ifI may. I think that those are things that we'll be definitely considering, and I think that Mary mentioned before that we're looking towards having individual briefings with each one of you before this item comes back before the City Commission in October or November. I think you need to be able to weigh the costs versus the benefits, and how this transportation system provides options to interconnect to other regional transportation systems, but think that, obviously, we need to be able to brief you individually on all these issues with more detail. Vice Chairman Sanchez: Mr. City Manager, I agree with you, weighing the costs with what we're getting, but when you talk about this amount of money and the money that we're spending out there, there's a lot of people out there that think we're spending money like drunken sailors, and we got to be very careful, at the end of the day, how we spend that money. I'm all for it. Let me tell you. I had a conversation with a gentleman that have the outmost [sic] respect for, and we were talking about transportation. Getting people into downtown and redeveloping downtown, it's all based on entertainment, and you want to talk about the best in the world of entertainment? Walt Disney. When you get to Walt Disney, what's the first thing you do? You park your car. It doesn't take four minutes; you're in a little car getting yourself to that little train, getting you inside so you could have a good time. It's all about having a good time. When you leave West Dade and you come down to downtown, now you want to cut your veins because you can't get any parking. By the time you get off you're certainly not going to enjoy anything. The first thing you're looking for is a drink, so if we want to talk about creating a world -class city, which I am all in favor, and I don't mind spending `X" amount of dollars to making sure that we're creating first-class things in our city because people are going to benefit from it. People are going to come into the city. There's going to be jobs and opportunities for people, and you know, we talk about getting criticized. Oh, we're the third poorest city in the world. Oh, my God, but you know what? Nobody wants to put an idea out there to make sure that we're not the third poorest city in the world, and we're not going to do it by taking $200 million and knocking door-to-door, and telling somebody, here's a hundred thousand for you, here's a hundred thousand for you; it's not going to happen. We have to create the right infrastructure, and this is the right infrastructure. Later on, expanding to other areas in the city, which we'll all benefit from, but could tell you this much. If you don't have a well planned thought-out plan in place on how that money is going to spent, we need to take a little bit of control in making sure that money's being utilized properly in all these phases that we go on. It's a very complicated process. It's a long project but, at the end of the day, the taxpayers want to know how their money's being spent, so it's important that we have these phases so we know exactly how much money is being spent, but some of the things that suggested out there, looking up -- to partner up with someone so we don't have to spend $100 million. We could partner up with someone and fry to alleviate that money, then we could utilize that money later on to economically help individuals and economically bring vitality to certain areas that have not benefited in the past and present. City of Miami Page 15 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: All right. Yes, Commissioner Haskins. Commissioner Haskins: Mary, I think that, you know, from May 2005 to today, the numbers have changed a lot. I think May 2005, the numbers were around $140 million; they're now north of $200 million, and this goes back to how do we make sure that the Commissioners are updated on what the status of these projects are, and this is a significant endeavor. We need to do something about transportation on this side. Anybody who's fried to come from the Upper Eastside into Miami knows that it is impossible these days to come down from Shorecrest into downtown Miami without a very lengthy commute. Some of that is because Biscayne Boulevard is under construction, but when you look at Miami 21, the density under Miami 21, I don't see that getting a whole lot easier after the reconstruction of Biscayne Boulevard, which gets us into another issue of what do we -- what are we doing in -- when we're looking at projects, what are we doing to assume that there will be mass transit at some point in time, when we're looking at our traffic studies and the impacts of development but, not to get off on that tangent, we need -- I think this is something -- this is a project that we need to take seriously. Why is there a mummy running by here? Oh, it's not. It was a statue. I'm sorry. I didn't know what that was. It's something that we need to look at seriously, but I think that the Commission needs to be much more -- be brought much more up -to -speed on where it is. I think we need to understand how much money do we have to spend before we decide whether it's a go or a no-go. I think we need to understand what the processes are in place to analyze this and move forward because a lot of money has been spent already, and that money is money that's coming to us from the half -penny sales tax, and it's not coming directly out of our taxpayers' pockets. We couldn't use it for other things. We have to use it for these sorts of things, butt just think it's a matter of keeping everyone up -to -speed with where we are, and this project, from my knowledge, the numbers, the projections, the general fund charges over time to operate this, have changed dramatically since May of '05, so I think we probably need an update. Commissioner Spence -Jones: I just want to add real -- and I know we need to move off this item, Mr. Chairman. For me, again, the reason why I even pulled the item is to make sure that we were at least -- and I had this conversation with the City Manager and Mary the other day. I think that it's -- like you said, it's important to come back to us and make sure -- even if it's from a bullet standpoint, even though you gave out the feasibility study, but just to make sure that when we see the item come back in front of us, it's not, you know, coming from space somewhere. I think it's important for -- because we look at these numbers, and we keep seeing every time there's a number on the agenda, it keeps growing, and we still don't know the cost of the event yet -- I mean, cost of the project yet, so I think it's really important that you at least brief us, but I do want to just add on to Commissioner Haskins' comments about what it was back in 2005. I know for a fact that one of the issues for the change, Commissioner Haskins, was because of the expansion, correct, Mary? Ms. Conway: Yes, to the -- Commissioner Spence -Jones: And we -- Ms. Conway: -- west of the health district. Commissioner Spence -Jones: -- right, and -- because at one time, it was not going in Overtown. It was going on the outside of Overtown, and as they began to do their community outreach meetings and getting input from the various residents, they realized that, you know, that needed to happen in order to connect it to communities that were not going to get the benefit of the streetcar, and I think, also, one of the changes that took place, with all honesty, is the Civic Center piece. There was a thought of doing it, but it was not calculated in the original amount, so the reason why the change of the dollars -- well, the reason why the change took place or you saw the amount change was because we then turned around, after doing all these community meetings, to my understanding, there was an extension that was added because the community City of Miami Page 16 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 wanted to see it go other places. I think that -- I know that this is a huge growing pain for all of us, but the reality is, we see these skyscrapers happening all over the city, and especially, in the areas where the streetcar is going to go, and right now, we may -- it may seem like a pretty big nut to tackle, but the reality, sooner or later, is going to be -- you know, this -- we're going to be praised for being progressive enough to know that we can't rely on the County to bail us out, from a transportation standpoint, and for us to take responsibility and take our own actions to make sure that, no matter what, our residents and our constituents will have another mode of transportation, I think, is a brilliant thing to do, and I just don't want that -- I don't want it to get washed away with the rhetoric, not to say that we're giving you rhetoric, but just -- I think the biggest issue, most of the time, that comes from it is that we just need to be briefed more -- Ms. Conway: Yes. Commissioner Spence -Jones: -- because it shocks us each time, and we have a responsibility to our constituents, but I think having the fransportation and understanding that traffic is a huge problem already, and with all -- more than what, 10, 000 people now coming because all the new units coming, we're going to be -- we're going to need this fransportation. Commissioner Haskins: Commissioner -- Commissioner Spence -Jones: We're going to need it, so -- Commissioner Haskins: -- Spence -Jones -- Commissioner Spence -Jones: Yeah. Commissioner Haskins: -- I mean, just to give you an idea -- Commissioner Spence -Jones: Sure. Commissioner Haskins: -- how many miles is the streetcar right now -- Unidentified Speaker: Fourteen. Commissioner Haskins: -- in --14 miles. Ms. Conway: It's just under 14. Commissioner Haskins: Fourteen miles. If you look at what it costs for Metrorail, which is the transit of choice right now in the County, that costs about $100 million a mile to build, so the streetcar is a much less costly alternative. It doesn't hurt our neighborhoods, like elevated rail does, and it is something that will provide a good means of mass transit for people, so you know, I think that looking at this, you know, we've done the right thing, without a doubt. It's just a matter of the updates. Commissioner Regalado: And -- Chairman Gonzalez: All right. Commissioner Regalado: -- can I say just --? Chairman Gonzalez: Yes, sir. Commissioner Regalado: Of course, the Metrorail, which is the recommended method of transportation by the County, it's huge, huge investment. I mean, the last report that they have, City of Miami Page 17 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 but the trolleys are cheaper than the streetcar, and are having a tremendous success in Coral Gables, and it's free, and the Manager just mentioned something that it worries me because he said that he might be exploring a possibility of partnership with the private sector. If that happens - well, we know that it's going to cost about 8 million to operate and maintain, but if that happens, how much people will be charged? And that is a concern because we are supposed to use the money of the people to facilitate transportation for the people and to save money for those people who do not want to park in downtown Miami and pay whatever, and I am a little confused now with this possibility of partnering with the private sector because I don't understand. I can't support this because I think that we need more information. It's a very grandiose project, and ambitious, and I understand, but my question still is, if we have to use the 20 percent of the half a penny for transportation, could we still have money to use in some other areas of the City; south, north, west, the trolley system, so that -- Ms. Conway: Commissioner, ifI could just answer that question because you did ask it previously, and we'll go into great detail when we set up the briefings, when the Manager and I set up the briefings over the coming weeks on the streetcar project for you, but the finance plan does not assume using the 20 percent. It only assumes using 16 percent of the 20 so that there will be dollars available to continue. We have another item on today's agenda for Accion and other circulator services within the City, so we are not committing the entire dollars, out of recognition that there will be a need for cir -- additional circulator services in other parts of the city. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." Vice Chairman Sanchez: Aye. Commissioner Spence -Jones: Aye. Chairman Gonzalez: No. Commissioner Regalado: No. Vice Chairman Sanchez: All right. Roll -- Chairman Gonzalez: One -- Vice Chairman Sanchez: -- call. Madam Clerk, roll call. Commissioner Regalado: One "no." Priscilla A. Thompson (City Clerk): Roll call. Chairman Gonzalez: Two "nos." Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. City of Miami Page 18 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: No. Ms. Thompson: The -- I'm sorry. The resolution has been approved, 3/2. CA.10 06-01480 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, Programs/Transpor RESTRICTING THE USE OF TWELVE CITY OF MIAMI OWNED PARCELS tation OF LAND, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. 06-01480 Legislation .pdf 06-01480 Summary Form .pdf 06-01480 Pre -Legislation .pdf 06-01480 Text File Report .pdf 06-01480 Pre -Attachment .pdf 06-01480 Text File Report 2 .pdf 06-01480 Text File Report 3 .pdf 06-01480 Text File Report 4 .pdf 06-01480 Text File Report 5 .pdf 06-01480 Pre -Legislation 2 .pdf 06-01480 Pre -Legislation 3 .pdf 06-01480 Pre -Legislation 4 .pdf 06-01480 Pre -Legislation 5 .pdf 06-01480 Letter .pdf 06-01480 Pre -Legislation 6 .pdf 06-01480 Text File Report 6 .pdf 06-01480 Cultural Center Picture .pdf 06-01480 Unity of Title .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0490 CA.11 06-01489 RESOLUTION City of Miami Page 19 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Capital RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE Improvement FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST Programs/Transpor FOR QUALIFICATIONS NO. 05-06-089, THAT THE FIRMS MOST QUALIFIED tation TO PROVIDE ARCHITECTURAL/ENGINEERING SERVICES FOR THE "ORANGE BOWL REDEVELOPMENT PROJECT, B-30153B," IN RANK ORDER ARE: (1) HNTB, INC., WITH BERMELLO AJAMIL AND PARTNERS, INC., (2) LEO A. DALY, INC., A JOINT VENTURE WITH HEERY, INC., (3) HOK SPORT, INC., (4) ELLERBE BECKET, INC. WITH SPILLIS CANDELA & PARTNERS, INC., (5) EWING COLE, INC., WITH ARQUITECTONICA, INC., AND (6) RODRIGUEZ & QUIROGA ARCHITECTS CHARTERED, INC., WITH RTKL & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH HNTB, INC., IN ASSOCIATION WITH BERMELLO AJAMIL AND PARTNERS, INC., THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, AND WITH THE THIRD -RANKED FIRM, IF NEGOTIATIONS WITH THE SECOND -RANKED FIRM FAIL; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL. 06-01489 Legislation .pdf 06-01489 Summary Form .pdf 06-01489 Memo .pdf 06-01489 Memo 2 .pdf 06-01489 Synopsis .pdf 06-01489 Evaluation Form .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0491 Chairman Gonzalez: All right. Jorge L. Fernandez (City Attorney): And consent item number 11, there's a member of the -- Chairman Gonzalez: The person that wanted -- Mr. Fernandez: -- public -- Chairman Gonzalez: -- to speak on consent item 11, please come forward. Consent item 11 is architectural and engineer services for the Orange Bowl. Alyce Gowdy Wright: Thank you, Chairman. Chairman Gonzalez: Yes. Your name and address for the record, please. Ms. Gowdy Wright: Yes. Alyce Gowdy Wright, Jobs with Justice, 1671 Northwest 17th Avenue. Good morning, Commissioner. Chairman Gonzalez: Good morning. City of Miami Page 20 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Gowdy Wright: Good morning to the Commission and agency staff. I want to thank you for allowing us to speak today. I know there was some confusion that we had, as new exercisers of public comment, to figure out how we could address you all today, so again, we appreciate that. Thank you, City Attorney. I'm here with a coalition called Jobs with Justice. We are a coalition of over 60 organizations of local minority contractors, residents around the Orange Bowl, unions, small businesses, who want to make sure that we have the Orange Bowl renovation result in community uplift, which I'm sure is what this Commission wants as well, and based on our conversations -- our preliminary conversations with the Mayor's Office, with Commissioner Sanchez, and with a number of agency staff including Manager Hernandez, we know that we are working towards the same goal. We're here today just as a friendly reminder, as you take up this issue on voting on this RFP (Request for Proposals) for the engineering portion of the Orange Bowl, that in this particular phase of the development of the project, but also in future phases of the development of the project, that we take into account both that this is a historic landmark; that it's also a community institution; that there are a number of us, including you all, but residents in the neighborhood as well, businesses in the neighborhood, as well, who would love to be able to participate in making sure that these renovations go forward in a way that fruly will create a sustainable economy here in Miami. In particular, we would like to ensure that local businesses, and that includes local minority contractors, that folks that live around the facility, both residents and construction workers, would be able to have input in this process as we move forward, and again, we would like to thank Mayor Diaz's office and Commissioner Sanchez for starting this conversation with us, and we look forward to talking to agency staff and to you all individually in the future to see that that may happen. Serena Perez: Hi. I am Serena -- Chairman Gonzalez: Thank you. Ms. Perez: -- Perez, from organizer with Jobs with Justice. I'm speaking on behalf of the Vecinos Unidos grassroots organization being formed in Little Havana andAllapattah areas. I'm here to talk about the -- I -- we've been reaching out to the neighborhood residents, both in Little Havana andAllapattah. We have contacted more than 400 families and found out that there is a great number of skilled construction workers that work very hard, are already trained in the construction areas, and have very low pay jobs, lack health insurance. The families, you know -- the most present problem in those areas is poverty, the lack of health insurance, lack of good job opportunities, and they are very hopeful that, through these conversations that we might have with the Commission and with the Office of the Mayor, we might find a new way in which we can do business around the renovation of the Orange Bowl that would provide good jobs with good benefits and training opportunities to have a more sustainable, you know, improvement of the economy of that area. Chairman Gonzalez: Thank you. Ms. Perez: Thank you very -- Ms. Gowdy Wright: Thank you. Ms. Perez: -- much. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: All right. That concludes the public hearing. We already voted on that City of Miami Page 21 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 CA.12 06-01490 Department of Capital Improvement Programs/Transpor tation item, so it doesn't require -- All right. That concludes the complicated, debatable consent agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE WATER AND SEWER DEPARTMENT, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR THE GRAPELAND HEIGHTS PARK PROJECT, B-60496. 06-01490 Legislation.pdf 06-01490 Exhibit SUB.pdf 06-01490 Exhibit 2 SUB.pdf 06-01490 Exhibit 3 SUB.pdf 06-01490 Exhibit 4 SUB.pdf 06-01490 Unity of Title.pdf 06-01490 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez CA.13 06-01492 R-06-0522 Chairman Gonzalez: CA.12. Gary Fabrikant (Assistant Director, Capital Improvements): CA.12 is also a request for approval of the unity of title for the cultural campus component of the Little Haiti Park project. I'm sorry. This is -- I stand corrected. CA.12 is a request to approve the development agreement for Grapeland Park with Water and Sewer Department to allow us to connect into the water and sewer lines. A minor change in the wording was required in the -- Chairman Gonzalez: All right. Mr. Fabrikant: -- attachment -- Chairman Gonzalez: Do I hear a motion there? 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: Those opposed have the same right. Priscilla A. Thompson (City Clerk): I am so sorry, Chair. I didn't catch your mover. Commissioner Regalado: I was. Ms. Thompson: OK. Thank you. RESOLUTION City of Miami Page 22 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police ALLOCATION OF FUNDS TO THE LAW ENFORCEMENT TRAINING TRUST FUND, IN AN AMOUNT NOT TO EXCEED $75,000; ALLOCATING SAID FUNDS, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS./A000UNT CODES 690001.290204.6.996, 690002.291201.6.996 AND 690003.291202.6.996, 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 FLORIDA STATUTES, SECTION 932.7055, AS AMENDED. 06-01492 Legislation .pdf 06-01492 Summary Form .pdf 06-01492 Affidavit .pdf 06-01492 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0492 CA.14 06-01493 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 $150,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS./ACCOUNT CODES 690001.290204.6.996, 690002.291201.6.996 AND 690003.291202.6.996, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT JUSTICE AND TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 06-01493 Legislation.pdf 06-01493 Summary Form.pdf 06-01493 Affidavit.pdf 06-01493 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0493 CA.15 06-01494 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Purchasing OF MCO ENVIRONMENTAL, INC., RECEIVED JUNE 5, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-011, FOR ASBESTOS ABATEMENT SERVICES, CITYWIDE, FOR THE REMOVAL AND ENCAPSULATION OF ASBESTOS -CONTAMINATED MATERIALS, FOR AN INITIAL CONTRACTUAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES; FURTHER AUTHORIZING SAID City of Miami Page 23 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PURCHASES ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01494 Legislation .pdf 06-01494 Summary Form.pdf 06-01494 Award Recommendation.pdf 06-01494 Tabulation of Bids.pdf 06-01494 Award Sheet.pdf 06-01494 Bid Security List .pdf 06-01494 Bid Response Form.pdf 06-01494 Specification.pdf 06-01494 Department of Asbestos Licensing. pdf 06-01494 Qualification Statement.pdf 06-01494 Occupational License Tax. pdf 06-01494 Minority Affidavit .pdf 06-01494 Minority Certificate .pdf 06-01494 Affirmitive Action Policy. pdf 06-01494 Office Location Affidavit.pdf 06-01494 Statement of No Bid.pdf 06-01494 Intent to Comply .pdf 06-01494 Resume.pdf 06-01494 Fit Test Report.pdf 06-01494 American Coating Corporation .pdf 06-01494 Material Safety Data Sheet .pdf 06-01494 American Coating Corporation 2 .pdf 06-01494 Material Safety Data Sheet 2 .pdf 06-01494 Material Safety Data Sheet 3 .pdf 06-01494 Material Safety Data Sheet 4 .pdf 06-01494 Certificate of Liability Insurance .pdf 06-01494 Annual Report .pdf 06-01494 American Coating Corporation 3 .pdf 06-01494 Material Safety Data Sheet 5 .pdf 06-01494 Gold Coast Chemical Products.pdf 06-01494 Orange Supreme.pdf 06-01494 Aramsco .pdf 06-01494 Respiratory Protection Program .pdf 06-01494 Respiratory Inspection Chart .pdf 06-01494 Employee Respiratory Training .pdf 06-01494 Fit Test Report 2 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0494 CA.16 06-01495 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BID OF VARIOUS VENDORS, RECEIVED JUNE 14, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-034, FOR THE PROVISION OF MOTOROLA RADIO PARTS, BATTERIES AND ACCESSORIES, CITYWIDE, FOR AN INITIAL CONTRACTUAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO City of Miami Page 24 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, UNDER THE BID PRICES, TERMS AND CONDITIONS, AS ATTACHED; ALLOCATING FUNDS, FROM THE VARIOUS SOURCES OF FUNDS, FROM THE USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID PURCHASES ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE USE OF THE ATTACHED CONTRACT BY OTHER CITY DEPARTMENTS IN ACCORDANCE WITH THE TERMS OF THIS RESOLUTION. City of Miami Page 25 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01495 Legislation .pdf 06-01495 Summary Form .pdf 06-01495 Award Recommendation .pdf 06-01495 Tabulation Sheet .pdf 06-01495 Award Sheet .pdf 06-01495 Tabulation Sheet 2 .pdf 06-01495 Bid Security List .pdf 06-01495 Bid Response Form .pdf 06-01495 Specification and Bid Form .pdf 06-01495 Qualification Statement.pdf 06-01495 Minority Affidavit .pdf 06-01495 Affirmitive Action Policy. pdf 06-01495 Intent to Comply.pdf 06-01495 Bid Response Checklist .pdf 06-01495 Contractual Documentation .pdf 06-01495 Letter .pdf 06-01495 Bid Response Form 2 .pdf 06-01495 Specification and Bid Form 2 .pdf 06-01495 Qualification Statement 2 .pdf 06-01495 Minority Affidavit 2 .pdf 06-01495 Affirmitive Action Policy 2 .pdf 06-01495 Occupational License.pdf 06-01495 Bid Response Form 3 .pdf 06-01495 Specification and Bid Form 3 .pdf 06-01495 Rechargeable Battery Sheet .pdf 06-01495 Qualification Statement 3 .pdf 06-01495 Minority Affidavit 3 .pdf 06-01495 Affirmitive Action Policy 3 .pdf 06-01495 Intent to Comply 2 .pdf 06-01495 Bid Response Checklist 2 .pdf 06-01495 Bid Response Form 4 .pdf 06-01495 Specification and Bid Form 4 .pdf 06-01495 Qualification Statement 4 .pdf 06-01495 Minority Affidavit 4 .pdf 06-01495 Affirmitive Action Policy 4 .pdf 06-01495 Office Location Affidavit.pdf 06-01495 Statement of No Bid .pdf 06-01495 Intent to Comply 3 .pdf 06-01495 Bid Response Form 5 .pdf 06-01495 Specification and Bid Form 5 .pdf 06-01495 Qualification Statement 5 .pdf 06-01495 Minority Affidavit 5 .pdf 06-01495 Affirmitive Action Policy 5 .pdf 06-01495 Office Location Affidavit 2 .pdf 06-01495 Statement of No Bid 2 .pdf 06-01495 Intent to Comply 4 .pdf 06-01495 Oklahoma Tax Commission .pdf 06-01495 Two Way Radio .pdf 06-01495 Bid Response Checklist 3 .pdf 06-01495 Bid Response Form 6 .pdf 06-01495 Specification and Bid Form 6 .pdf 06-01495 Qualification Statement 6 .pdf 06-01495 Minority Affidavit 6 .pdf City of Miami Page 26 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01495 Affirmitive Action Policy 6 .pdf 06-01495 Office Location Affidavit 3 .pdf 06-01495 Intent to Comply 5 .pdf 06-01495 Home Occupation Permit .pdf 06-01495 State Certificate .pdf 06-01495 Bid Response Form 7 .pdf 06-01495 Specification and Bid Form 7 .pdf 06-01495 Qualification Statement 7 .pdf 06-01495 Minority Affidavit 7 .pdf 06-01495 Affirmitive Action Policy 7 .pdf 06-01495 Office Location Affidavit 4 .pdf 06-01495 Intent to Comply 6 .pdf 06-01495 Bid Response Checklist 4 .pdf 06-01495 Broward County Occupational License Tax .pdf 06-01495 Honeywell Batteries .pdf 06-01495 Bid Response Form 8 .pdf 06-01495 Specification and Bid Form 8 .pdf 06-01495 Qualification Statement 8 .pdf 06-01495 Minority Affidavit 8 .pdf 06-01495 Affirmitive Action Policy 8 .pdf 06-01495 Office Location Affidavit 5 .pdf 06-01495 Intent to Comply 7 .pdf 06-01495 Continental Wireless .pdf 06-01495 NCTRCA .pdf 06-01495 State of Texas Compliance Certificate .pdf 06-01495 Women's National Council .pdf 06-01495 Bid Response Form 9 .pdf 06-01495 Specification and Bid Form 9 .pdf 06-01495 Qualification Statement 9 .pdf 06-01495 NABC .pdf 06-01495 Bid Response Form 10 .pdf 06-01495 Minority Affidavit 9 .pdf 06-01495 Affirmitive Action Policy 9 .pdf 06-01495 Office Location Affidavit 6 .pdf 06-01495 Statement of No Bid 3 .pdf 06-01495 Intent to Comply 8 .pdf 06-01495 Bid Response Checklist 5 .pdf 06-01495 Website .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0495 CA.17 06-01497 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing CONTRACT FOR THE PURCHASE OF BOAT MOTORS FROM VARIOUS VENDORS, PURSUANT TO THE STATE OF FLORIDA CONTRACT NO. 120-440-05-1, EFFECTIVE THROUGH AUGUST 31, 2006, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, TO BE UTILIZED ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM City of Miami Page 27 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01497 Legislation .pdf 06-01497 Summary Form.pdf 06-01497 Memo.pdf 06-01497 Memo 2 .pdf 06-01497 Certificate of Contract.pdf 06-01497 Contract Administrator.pdf 06-01497 Special Instructions.pdf 06-01497 General Instructions to Respondents.pdf 06-01497 Technical Specifications.pdf 06-01497 Special Conditions .pdf 06-01497 General Contract Conditions.pdf 06-01497 Price Sheets.pdf 06-01497 Ordering Instructions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0496 CA.18 06-01498 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Police OF ARMOR HOLDINGS FORENSICS (FOR ITEM NO. 2), AND THE PEAVEY CORP. D/B/A LYNN PEAVY CO. (FOR ITEM NO. 3), RECEIVED MAY 1, 2006, PURSUANT TO INVITATION FOR BIDS NO. 05-06-055, FOR THE PURCHASE OF DISPOSABLE RESTRAINTS AND EVIDENCE TAPE, ON AN AS -NEEDED, ITEM -BY -ITEM BASIS, FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01498 Legislation .pdf 06-01498 Summary Form .pdf 06-01498 Memo .pdf 06-01498 E-mail .pdf 06-01498 Memo 2 .pdf 06-01498 Memo 3 .pdf 06-01498 Award Recommendation .pdf 06-01498 Bid Number .pdf 06-01498 Tabulation of Bids .pdf 06-01498 Bid Security List .pdf 06-01498 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0497 City of Miami Page 28 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 CA.19 06-01499 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 03-04-071, THAT THE MOST QUALIFIED FIRM TO PROVIDE CONCESSION SERVICES AT THE MIAMI POLICE HEADQUARTERS BUILDING, FOR THE DEPARTMENT OF POLICE, IS LOPETEGUI, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH LOPETEGUI, INC., RETROACTIVELY AS OF JULY 18, 2004 THROUGH JULY 18, 2006, FOR THE BASED TERM, INCLUDING A ONE-YEAR EXTENSION SCHEDULED TO EXPIRE ON JULY 18, 2007, WITH THE OPTION TO EXTEND FOR TWO (2) ONE-YEAR PERIODS. 06-01499 Legislation .pdf 06-01499 Exhibit .pdf 06-01499 Summary Form .pdf 06-01499 Summary Fact Sheet.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-06-0515 Chairman Gonzalez: All right. Let's go back to the consent agenda. We took care of CA.9. Now let's -- CA.19. Commissioner Spence -Jones, you had some concerns -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: -- on CA.19, CA.23, and CA.27. Commissioner Spence -Jones: OK. Yes. I just had a question really, Mr. Chairman, regarding the -- as I looked at the backup, regarding this agreement with the, I guess, concession services for the Police Department, I noticed that it was -- it hadn't been executed as of -- Chairman Gonzalez: Right. Commissioner Spence -Jones: -- 2004, so I just had some questions and -- first of all, my -- one of my questions, did it actually go out to bid, Glenn? Glenn Marcos: Good morning. Glenn Marcos, Purchasing director. The answer to your question, Commissioner, is yes. We did issue a request for letters of interest back in 2004, and the actual vendor was selected; took away competitive process. Commissioner Spence -Jones: OK. Is there any reason why the contract had not been executed? Mr. Marcos: Well, it's my understanding, with speaking with Police -- and then we'll have the chief next to me -- is that they went through a negotiation. There were some personnel turnover at that particular point in time, and therefore, that's why we're now requiring Police to bring this back to the City Commission so the Commission can approve the actual agreement. Commissioner Spence -Jones: OK, and that was my only question as to why it was the lag. City of Miami Page 29 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: All right. Would you move -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- CA.19? Second. Do we have a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. CA.20 06-01500 RESOLUTION Department of General Services Administration A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF STATIONARY POWER SERVICES, INC., RECEIVED JUNE 28, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-080, FOR THE PURCHASE AND INSTALLATION OF ONE HUNDRED AND NINETY SIX (196) UNINTERRUPTIBLE POWER SUPPLY BATTERIES, INCLUDING A THREE (3) YEAR FULL REPLACEMENT BATTERY WARRANTY AND A ONE (1) YEAR MAINTENANCE AGREEMENT, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, RADIO COMMUNICATIONS DIVISION, IN AN AMOUNT NOT TO EXCEED $63,785; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840, B # 74202. 06-01500 Legislation.pdf 06-01500 Summary Form.pdf 06-01500 Award Recommendation.pdf 06-01500 Tabulation of Bids.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.21 06-01501 Department of General Services Administration R-06-0498 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SAFELITE FULFILLMENT, INC., D/B/A SAFELITE AUTOGLASS, RECEIVED MARCH 15, 2006, PURSUANT TO INVITATION FOR BID NO. 04-05-117, FOR THE PROVISION OF ALL LABOR, PARTS, MATERIALS, AND SUPPLIES NECESSARY FOR AUTOMOTIVE AND TRUCK GLASS REPLACEMENT, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $30,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $120,000; ALLOCATING FUNDS, IN THE ANNUAL AMOUNT NOT TO EXCEED $10,000, FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ACCOUNT CODE NO. 509000.420901.6.670, AND THE ANNUAL AMOUNT NOT TO EXCEED $20,000, FROM THE DEPARTMENT OF GENERAL SERVICES City of Miami Page 30 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 ADMINISTRATION ACCOUNT CODE NO. 503001.420905.6.670, FOR THE CURRENT FISCAL YEAR, WITH FUTURE FISCAL YEARS FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 06-01501 Legislation.pdf 06-01501 Summary Form.pdf 06-01501 Award Recommendation.pdf 06-01501 Award Sheet.pdf 06-01501 Tabulation of Bids.pdf 06-01501 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0499 CA.22 06-01502 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Police OF ROTORTECH SERVICES (PRIMARY VENDOR), AND CAV-AIR, INC. (SECONDARY VENDOR), RECEIVED MAY 2, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-050, FOR THE PROVISION OF HELICOPTER MAINTENANCE AND REPAIR SERVICES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL COST OF $13,928, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $69,640; ALLOCATING FUNDS FROM THE POLICE GENERAL FUNDS, ACCOUNT CODE NO. 001000290201.6.670. 06-01502 Legislation.pdf 06-01502 Summary Form.pdf 06-01502 Award Recommendation.pdf 06-01502 Tabulation of Bids.pdf 06-01502 Bid Security List.pdf 06-01502 E-mail.pdf 06-01502 E-mail 2 .pdf 06-01502 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0500 CA.23 06-01504 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Waste OF BAMACO, INC., GRUBBS EMERGENCY SERVICES LLC, AND STORM RECONSTRUCTION SERVICES (SRS), INC., RECEIVED JULY 5, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-092, FOR EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES, FOR THE DEPARTMENT OF SOLID WASTE, FOR A CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR City of Miami Page 31 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PERIODS, ON AN AS -NEEDED BASIS, UNDER THE BID PRICES, TERMS, AND CONDITIONS STIPULATED UNDER SAID BID, IN THE SUM TOTAL AMOUNT NOT TO EXCEED $10 MILLION, FOR ALL THREE (3) FIRMS, COLLECTIVELY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01504 Legislation .pdf 06-01504 Summary Form.pdf 06-01504 Award Recommendation Form.pdf 06-01504 Tabulation of Bids.pdf 06-01504 Bid Security List.pdf 06-01504 E-mail.pdf 06-01504 Grubbs.pdf 06-01504 SRS .pdf 06-01504 Bamaco.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-06-0528 Direction by Commissioner Haskins to the City Manager requiring monthly reports be presented to the Commission referencing the amounts spent for hurricane -related debris removal, monitoring services, and reimbursements from FEMA (Federal Emergency Management Agency), if any; further requesting status reports of FEMA or OIG (Office of Inspector General) audits subsequent to potential storms. Chairman Gonzalez: All right. CA.23. Commissioner Spence -Jones: Again, just trying to have understanding. This issue was the Grubbs Emergency Services. As I looked through the backup, it really didn't -- what is the cap on this? I mean, I saw that, you know, it's all based upon ton. During an emergency, if something happens, and this is the debris removal company that we'd use to do that, butt saw no caps, as I looked through all of the backup. Like, how do you -- what is your gauge? I mean, is there any reason why the reso (resolution), or the information that's attached to it, did not say that "capped at 250," "capped at 300"? I mean -- Vice Chairman Sanchez: Would you yield on that? Commissioner Spence -Jones: Yeah. I just want to understand why it wasn't like -- I mean, it normally doesn't happen that way? Vice Chairman Sanchez: No, no, no, no, no, no, no, no, no. I agree with you. This -- I mean, when you don't put a cap on something and we have to provide that service, people are going to -- people are out to make money, so they're going to try to get as close as they can to that cap. Based on this -- and I know that, you know, we have to be ready for hurricanes -- can we -- and I agree with her. Can there be a cap put that, once it gets to that cap, it'll come back to the Commission for approval? Based on -- you may have a storm that may be a tropical storm that, you know, may not require it to have that large amount of money put forth on that, you know. Commissioner Spence -Jones: You can't do that? He's saying no. Glenn Marcos (Director, Purchasing): Not that it can't be done. I think that the question would be, would it be prudent, at that particular time, during hurricane season, where you just don't City of Miami Page 32 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 know the category of the actual storm, do you want to find yourself having us not continue to do the actual debris pickup, and wait until we get Commission approval? I mean, that's the issue here, but what I also can end up mentioning, for the record, Commissioner, is that the actual unit price is on a fixed and firm basis, and so they -- you know, they're going to end up being the contract administrator -- "they" being Solid Waste -- and they're going to end up looking at the fact that whether or not they're collecting the actual debris. In the next couple Commission meetings, in the next couple weeks, you will probably end up seeing a contract monitoring contract that will be in front of you, and in that particular case, you're going to have contract monitors that will be supervising those who will be picking up the debris to end up addressing some of the concerns that you may have, as far as whether they can -- you know, whether they're abusing the process or not, and those contract monitors -- Vice Chairman Sanchez: Look -- Mr. Marcos: -- will be there for the checks and balances. Vice Chairman Sanchez: -- the bottom line is, I'm not comfortable writing a blank check -- Commissioner Spence -Jones: Yeah. That's -- Vice Chairman Sanchez: -- OK? Commissioner Spence -Jones: -- what it feels like. Vice Chairman Sanchez: And we are seeing a lot of these that are coming in front of us writing a blank check. Therefore, it's in the budget, and -- it's in the budget, and it gives you the opportunity to get to that threshold in the budget. Commissioner Spence -Jones: Even though -- Vice Chairman Sanchez: I am not comfortable writing a blank check. Based on this, and basically, it's a hurricane and we -- there's -- I mean, we're painting ourself [sic] against a corner, and I could tell you that, in the last tropical storm -- and I wanted to take the opportunity, I want to praise you for your work. We drove around the entire disfrict, and my disfrict was picked up completely. The City Manager went with me, so you know, hey, I call it like I see it. You know, when I have to praise you, I praise you, and when I have to tell you that you did something wrong, I'll be more than glad to do that too, but I can honestly tell you that, under the situation, I could accept it, but we need to start putting caps on `X" amount of dollars where it's blank, you know. Just because I know where the funding's coming from, I want to know exactly how much we're spending on that. Commissioner Spence -Jones: And I -- thank you, Commissioner Sanchez -- do realize that most of it is FEIVIA (Federal Emergency Management Agency) or FEMA reimbursement; that this is something that -- Mr. Marcos: That's correct. Commissioner Spence -Jones: -- I just think it's really important that we, you know --from a Commission standpoint, we just don't vote on something and not knowing, you know, regardless, it's still going to hit our budget, and even though we have to have a reimbursement from it, we'll get -- we will get a reimbursement back from FEMA, but this little thing that we decide to vote on could be $5 million, and we -- I'm just using this -- Vice Chairman Sanchez: What's the total? Justget -- let's get down to it. What's the total, Mr. City Manager? City of Miami Page 33 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Pedro G. Hernandez (City Manager): Total? Vice Chairman Sanchez: How much money are we putting into that? Mr. Hernandez: Well, in essence, these are contracts to respond to emergencies resulting from damages of tropical storms/hurricanes, and in essence, in these type of contracts, you don't have a cap. We have three major firms that would be able to respond to the City's needs in order to immediately open up the streets and then begin addressing the issue of disposal, picking up and disposal. I think that the control here is that we know that the majority of these monies are going to be paid by FEMA, and we have to be extremely careful -- Vice Chairman Sanchez: Eighty percent, right? Mr. Hernandez: Right, but in order to get to that point, we have to be extremely careful that we have the proper monitoring so we know exactly where that file came from that went in the fruck and be able to check at the disposal site that that file was received at the disposal site. Otherwise, we run the danger of having disallowances by FEI LA, and that's a big no -no. That -- we have to take every measure to have all controls in place to avoid disallowances by FE AA. I think the controls will be in place. It's difficult to place a cap because we don't know to what extent of damage we're going to be exposed. Now, if you wanted to consider a cap, it would have to be a cap that would allow us the ability to be able to work -- Vice Chairman Sanchez: For at least a month -- Mr. Hernandez: -- at least -- Vice Chairman Sanchez: -- two months, and then -- Mr. Hernandez: I was going -- Vice Chairman Sanchez: -- it could come back to the Commission? Mr. Hernandez: -- to say -- Vice Chairman Sanchez: Because right now you have a blank check. Commissioner Spence -Jones: Yeah. Mr. Hernandez: I was going to say, based maybe on prior experience, say Wilma, for example, Katrina, to be able to gauge and come up with a number that will give us the ability to work, I was going to say, three, four weeks, and then, depending on what we need to do, which will be obvious, come back and get your blessing to continue forward. Now -- Commissioner Haskins: Could we --? Mr. Hernandez: --I would like to be able to stick to the same contractors, not go through another RFP (Request for Proposals) because, otherwise -- Commissioner Spence -Jones: No. Vice Chairman Sanchez: No, no, no, no, no. Mr. Hernandez: -- you start losing the time. City of Miami Page 34 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: (UNINTELLIGIBLE) RFP. Commissioner Haskins: Could we look at it another way? Let's -- and I -- this goes back to the communication issue. Could we do this, that under these contracts, there is a requirement of a regular reporting back to the Commissioner -- Commission of the amount spent, because that, to me, is where the issue is. I would like to know how much did we spend on the hurricanes for debris removal? How much did we spend for monitoring? Are we going to -- a report back that says are we going to get reimbursed from FEMA? Was there anything that we've spent that is not going to get reimbursed from FEMA? So that way there's -- we're closing the loop. We're making sure that our citizens are taken care of and there's the authority to clean the streets and clean the debris. We have a monitoring service, hopefully, soon, but there's also -- we're closing the loop by, once a month, coming back to the Commission with an updated report of the amount spent for the various categories; debris removal, monitoring, that sort of thing -- Hr. Hernandez: Absolutely. Commissioner Haskins: -- and as that goes forward, what the status of the FEIvIA or OIG (Office of the Inspector General) audit is, subsequent to these storms. Could we do it that way? Hr. Hernandez: Sure. Commissioner Haskins: In that way, I think -- Hr. Hernandez: Yes, we can. Commissioner Haskins: -- and that -- at any point in time, the Commission could then say stop it, right? I mean, there's something wrong here. At -- you know, the Commission could, at any point of those monthly reports, have a discussion item. Would that be OK with you, Commissioner Sanchez? Vice Chairman Sanchez: Not really, and let me tell you why. All right. Look, I don't want to change the process; you already have it. I just want to make sure that we have a cap where we allow you to work, say a month or two months. I mean, you're not going to -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- have an emergency Commission meeting right after a storm. You'll have `X" amount of dollars to work with, but you don't want -- once you don't have a cap, you know, it's -- spending is unlimited in a way with the companies that are out there picking up. These companies -- look, we deal with them. We've had the experience to deal with them, OK? They make money, and they basically pin you against the wall, and if we could put another layer that you say, look, we have a cap, and then we have to go back to the Commission. Look, you come back -- and once you come back, I want to know exactly how much we're paying for the ton; how is it being disposed. In that way, we have information, and we'll grant you the `X" amount of dollars to go. I would just feel comfortable, and we're talking about this incident, that right now, basically, you're asking for a blank check, so if you give me a cap -- let's say -- whatever you -- come up with a cap that you're able to work for two months, where you don't have to worry about it. Hr. Hernandez: Commissioner, I -- Vice Chairman Sanchez: Go out there -- Hr. Hernandez: -- just asked -- City of Miami Page 35 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: -- because we have a plan in place already to go out there and start cleaning our streets. Mr. Hernandez: -- you know, how much we spent approximately as a result of Wilma. Glenn is telling me in the range of about 20 million. Mr. Marcos: Twenty-five million. Mr. Hernandez: Twenty-five. I mean, we could set a cap or contract of let's say, I don't know, 7 million; that would give us 21 among the three, or six, 18 among the three. Vice Chairman Sanchez: Let's put a $10 million cap. Mr. Hernandez: Ten, that's -- Commissioner Haskins: I -- Mr. Hernandez: -- sufficient. Commissioner Haskins: -- I'm not -- Mr. Hernandez: I mean, that's -- Commissioner Haskins: -- comfortable with a cap. I mean -- Vice Chairman Sanchez: Not -- Commissioner Haskins: -- I've seen the difference of what is spent from a Category 1 to a Category 3 storm, and I'm not comfortable with going in with a cap that could result, if we get hit by a big storm, that we've got to get the Commission together to vote to go forward, which is very difficult after a storm. I think -- and I really think that what we're looking for is getting the information back, which this Commission hasn't gotten the information back, and I'm comfortable with looking at it after the fact, and -- because of the fact that there are monitoring companies, and there's the FEMA oversight, and there's the Office of Inspector General, the federal oversight on this, I'm comfortable with seeing it after the fact, especially when it comes to life safety issues and getting out and cleaning up this debris. Commissioner Spence -Jones: But -- I'm sorry, Commissioner Haskins. I mean -- Commissioner Haskins: I have a -- Commissioner Spence -Jones: -- my -- Commissioner Haskins: -- bigger issue with this one, and that is, how we have 17 firms submit and 14 are deemed nonresponsive -- Commissioner Spence -Jones: Yeah. Commissioner Haskins: -- and that gives me a much bigger heartache with this because I know that got significant heat from somebody in the last storms about our lack of having enough firms out there doing debris removal -- Commissioner Spence -Jones: That was going to be the second -- Commissioner Haskins: -- and -- City of Miami Page 36 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: -- part of my -- Commissioner Haskins: -- we only have -- Commissioner Spence -Jones: -- question. Commissioner Haskins: -- three, and there are lots of firms out there with additional capacity, so I'm not sure that we have enough contractors in this one. That's my bigger concern because we need to be able to respond to our citizens. Commissioner Spence -Jones: Can I just add -- and I know that -- and again, I don't want to beat a dead horse at this point, but I do agree with Commissioner Sanchez, and in reading the item, I do have, once again, big concerns about it. I wouldn't have a problem with putting the -- Mr. Manager -- cap of $10 million on there. I mean, Commissioner Sanchez sent praise to the department about how well, you know, his district got cleaned up. I can tell you that it took a hell of a long time for mine to get clean, so that would actually bleed into Commissioner Haskins' comments about maybe, perhaps, there not being enough contractors to do it. I personally would like to be in a position that, if there is a cap of 10 million -- I don't think we're going to spend $10 million before we all have a chance -- even if we had to have another meeting, we're not going to spend $10 million within that short period of time. I just don't see it happening, and -- Vice Chairman Sanchez: Well, we'll spend how much it takes to clean up our city. Commissioner Spence -Jones: Yeah, but I'm saying -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- I don't think that, if we need to come -- Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: -- back together, I don't think we -- I think there's definitely a possibility of us having a meeting in this -- before this $10 million is spent, and personally, I would like to be in a position to be able to say to the person that we're contracting with to do this work, you know, we paid you blah, blah, blah, and the stuff is still not getting clean, unlike, if we're stuck with one contractor doing it, we have no -- we don't have the ability to even make the adjustment on it because we've already entered into agreement with this one person, so to me, it's like having a checkpoint. If something happens -- I mean, I'm going to tell you, before you got here, Pete, I was still calling, eight months after the storm, nine months after the storm, in Liberty City because stuff wasn't-- hadn't got picked up, so personally, it's very difficult for me to vote on an item already having the experience from the last hurricane, being a new person in office and having to deal with that, and not having the option of having someone else, or even to even checkpoint the people that were not picking it up correctly. I personally would prefer to have a cap on it so that at least we have to come back together, we can deal with it. Mr. Marcos: Commissioner, let me ask this question so I can have you make me understand this point. In a situation where, you know, we've been blessed the last couple years; we haven't really been directly hit, but in a case where we are directly hit and City Hall is impacted, you know, sometimes we have to end up using some foresight and think of the worst case scenario, and then start working from that point on. Commissioner Spence -Jones: But -- City of Miami Page 37 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: Well, then the City Manager could declare emergency, and that's it, but -- Mr. Marcos: Well -- Vice Chairman Sanchez: -- no, no, no, no. Commissioner Spence -Jones: Or we can have a Commission meeting somewhere else. It doesn't have to be at City Hall -- Vice Chairman Sanchez: Listen -- Commissioner Spence -Jones: -- as long -- wherever we gather, it's a Commission meeting. Vice Chairman Sanchez: -- it's a policy issue. Unidentified Speaker: Right. Vice Chairman Sanchez: It's a policy issue. Let's -- I'm going to put it out for a vote. I'm going to put a $10 million cap. That should give you plenty of time. You have a process in place, and it gives you plenty of time. Once you meet that 10 million cap, you got to come back to this Commission for additional funding on that. I just think that putting a cap on -- and once again, I want to emphasize, it gives you -- one, it gives you control of the money. Commissioner Spence -Jones: Accountability. Vice Chairman Sanchez: All right. Because let me tell you, these companies, you know, it's like a shark -- it's like a frenzy. I mean, they come out here and they want to pick, and they want to run, and they want to -- and it's just billing money. It's like spend it as quick as you can, and we've got to have control of that money, so I don't feel comfortable with just giving them a blank check, so I'm going to make a motion putting a $10 million cap, and if it's voted down -- and whatever -- if the City Manager declares the City an emergency, then that should be waived. That $10 million could be waived. Mr. Hernandez: Commissioner -- Commissioner Spence -Jones: Second. Chairman Gonzalez: Commissioner -- Mr. Hernandez: -- I do agree with your proposal of the $10 million cap with the proviso that, if we really have an emergency out there, I'll be taking action -- Vice Chairman Sanchez: Of course. Mr. Hernandez: -- respective and reporting to you so things get done. Vice Chairman Sanchez: Absolutely. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Two things that doesn't have to do with the money. One thing is a reminder. FEMA is under congressional oversight, so FEMA is going to be looking at reimbursement more carefully than they did after Wilma, and remember that we lost, I think, a million dollar or something like that because of some mix-up in documents after City of Miami Page 38 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Wilma, and the second, you know, I don't care who you get, how many companies you get. Performance is the most important thing because, after Wilma, when they pick up the debris, there were more debris in the streets than the ones in the trucks, and you know, the residents did their part. They just moved everything to the Swale and all that so cars could go by. Then we have these companies that went by with the -- you know, their equipment, and they had a truck one block away. They pick up, and they were dropping all -- and the neighbors had to go out again and pick up, so it's about performance. I hope that this time your department, which is an excellent department, will have its people supervising because they know each street in the City ofMiami, inch by inch because, you know, we may toot our horn and all that, but after Wilma, it was -- the first days was a disaster, and still, a few weeks ago, there were trees down because of Wilma. This was in October, so my thing is, I'm telling you, FEMA is going to be more careful in reimbursement the City because they have Congress breathing in their neck big-time after Katrina and Wilma. Thank you. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Call the question. This is a resolution, right? Vice Chairman Sanchez: Yes. Jorge L. Fernandez (City Attorney): Correct. Vice Chairman Sanchez: It's just putting a $10 million cap -- Commissioner Spence -Jones: And I second it already. Vice Chairman Sanchez: Yeah. Chairman Gonzalez: All right. Do we hear a second? Commissioner Spence -Jones: Second. I 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. Mr. Hernandez: I just -- Chairman Gonzalez: The only thing that I can add to that -- and I heard everybody's comment -- Vice Chairman Sanchez: Mr. City -- Mr. Hernandez: Mr. Chairman, just for clarification, Commissioner, when you made the -- provided the 10 million cap, that's per contract? Vice Chairman Sanchez: No, $10 million cap. Commissioner Spence -Jones: For their contract. Vice Chairman Sanchez: Yeah, for the contract, not -- Mr. Hernandez: For all. City ofMiami Page 39 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: For all. That's for the three companies that are right now getting -- Chairman Gonzalez: Let me tell you what my concern is, and I heard everybody's argument, and you know, I've been quiet listening. My concern is that we're going to have an allocation of $10 million, and we having a storm, and we need to be out there picking up trash, and frees, and signs, and the whole nine yard, and there is going to be an area that is going to be serviced first, no matter what. My area is going to left out for later. Your area is going to have the same problem. You have a little bit of the Roads, so you might be a little bit privileged in that sense. Commissioner Regalado, you will also be left for second route. That's my concern. My concern is that if we having a storm and we need to be out there, we got to make sure that all five districts are serviced at the same time -- Vice Chairman Sanchez: And equally. Chairman Gonzalez: -- and it is $10 million, right? Divide it 2 million each. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Take a group; you got 2 million to clean up District 5. You got 2 million to clean up District 1. You got 2 million -- right? And then we'll meet under a tree, we'll meet under the bridge, somewhere -- Commissioner Spence -Jones: So then when we -- Chairman Gonzalez: -- and approve more money, butt want to make sure that my district is not left behind because it happened to me in one of the hurricanes. They were cleaning up in the Grove; they were cleaning up in downtown; they were cleaning up in Brickell, and my people were waiting, and waiting, and waiting, OK, so -- Vice Chairman Sanchez: All right. Mr. Hernandez: Mr. Chairman, ifI -- Commissioner Haskins: -- I just made my point. Mr. Hernandez: -- may. The -- these contracts are not really exclusive. If for some reason, we feel that we have a greater need, I can bring in additional contractors to assist, depending on the damage that we have, so it's not exclusive. Chairman Gonzalez: Let's hope that we don't have any need at all. Mr. Hernandez: No, hope not. Chairman Gonzalez: Let's hope that we don't have a storm, but in case we do -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- we should be prepared. All right. CA.27. Mr. Fernandez: Excuse me. The only modification to that last item was Commissioner Sanchez capping it at 10 million, period. Chairman Gonzalez: At $10 million. City of Miami Page 40 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 CA.24 06-01506 Department of Parks and Recreation Mr. Fernandez: No other modifications. Chairman Gonzalez: Right. Mr. Fernandez: Correct. Commissioner Haskins: However, I -- Chairman Gonzalez: All right. CA.27. Commissioner Haskins: -- would like to make sure that, in all of these contracts, there is a regular reporting back to this Commission on the cost of debris removal, the cost of monitoring services, and all of that other -- because I think that gives us the opportunity to discuss exactly what the rest of the Commissioners have just said. Is the work being done properly? Is it being done fairly by district? It gives us that opportunity, and it also creates accountability. Mr. Hernandez: Commissioner, that's a given. It's something that we must do from the beginning. I agree. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR FUNDING TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $200,000, IN SUPPORT OF IMPROVEMENTS TO THE POOL FACILITY AT MORNINGSIDE PARK ("PROJECT"); FURTHER AUTHORIZING THE CAPITAL IMPROVEMENTS AND TRANSPORTATION DEPARTMENT TO AMEND ITS CURRENT CAPITAL IMPROVEMENTS PLAN TO INCLUDE THE PROJECT IF THE GRANT APPLICATION IS SELECTED FOR FUNDING. 06-01506 Legislation.pdf 06-01506 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.25 06-01505 Department of Public Facilities R-06-0501 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO LEASE ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND CENTENNIAL EXPRESS, INC., FOR THE LESSEE'S USE OF APPROXIMATELY 1,326 SQUARE FEET OF WAREHOUSE/OFFICE SPACE LOCATED AT 1251 NORTHWEST 36 STREET, MIAMI, FLORIDA; SAID AMENDMENT PROVIDING FOR: 1) LESSEE EXERCISING ITS FIRST TWO-YEAR OPTION TO RENEW LEASE; AND 2) LESSEE SHALL PAY RENT AT A RATE $1,523.80, PER MONTH ($13.79 PER SQUARE FOOT OR $18,285.54 FOR THE YEAR); ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.290201.6.610; FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE NON -SUBSTANTIVE City of Miami Page 41 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 AMENDMENTS TO SAID AGREEMENT AS NEEDED, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE. 06-01505 Legislation .pdf 06-01505 Exhibit .pdf 06-01505 Exhibit 2.pdf 06-01505 Exhibit 3.pdf 06-01505 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0502 CA.26 06-01378 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY CHRIS KUCHARIK, SANTO GRECO, NATHAN GRADOS, REBECCA GRADOS, AND ALBERTO KAN, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $35,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF CHRIS KUCHARIK, ET AL., VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 04-00204 CA (20), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 06-01378 Legislation.pdf 06-01378 Cover Memo.pdf 06-01378 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0503 CA.27 06-01496 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY CARL KESSER, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $180,0001N FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF CARL AND MARTHA KESSER V. CITY OF MIAMI AND THE CITY OF MIAMI POLICE DEPARTMENT, CASE NO. 04-22608-CIV-JORDAN/TORRES, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. City of Miami Page 42 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01496 Legislation .pdf 06-01496 Cover Memo .pdf 06-01496 Memo .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Sanchez R-06-0521 Chairman Gonzalez: All right. Did anybody have any concerns about CA.27? Commissioner Regalado: Yeah, I did. I did. Chairman Gonzalez: You did? OK, sir. Commissioner Regalado: Just clarification. I understand that the City prevailed with the constitutional issues, butMr. Chairman, and members of the Commission, and City Attorney, my concern on this settlement is that there is a national debate today, as we speak, on the less lethal weapons used by the police departments throughout the United States, and during FTAA (Free Trade Area of the Americas), one of these less lethal weapon was used, and this is why we're paying now. You -- your office worked diligently, and you were able to dismiss some of the constitutional charges, but still, we have the injury part, and we're trying to settle that. My concern is that we're settling this case, but the protocol to use the less lethal weapon is still part of the policy of the City and the police force. Having seen very enthusiastic rallies when Fidel Castro was hospitalized, one would think that when he dies -- and he will very soon -- the streets of the City ofMiami will be flooded, and I just have the concern about the issue of less lethal weapon. I understand what this mean, and I just wanted to understand if the Police Department knows or plan to keep using this in case of any rallies. I don't know because we didn't see the plan for the FTAA; it was protected by the court, so I have a real concern about the use of the beanbag, if this is the usual protocol, and that is my concern. Assistant ChiefAdam Burden: Assistant Chief Burden, with City ofMiami Police Department. Your question was are we still using the beanbags? Commissioner Regalado: No. My question was is the beanbag part of the protocol for any rallies because, as you know, there is a debate about the beanbag and the less lethal -- what they call the less lethal. Assistant Chief Burden: It's just one tool that we use, and it depends on the circumstances and how elevated the demonstrations are whether or not we deploy it or not, so it is part of our arsenal. It is one of the tools that we do use. Commissioner Spence -Jones: It -- Commissioner Regalado: But you're aware of the debate? Assistant Chief Burden: Yes, we are. Commissioner Regalado: And you're aware that people are being killed? Assistant Chief Burden: Yes, we are. Commissioner Regalado: OK. City ofMiami Page 43 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: Are you finished? Commissioner Regalado: Yeah, I'm finished. Commissioner Spence -Jones: OK. I just had a quick -- and it's really kind of getting more clarity from you on your question. I think, probably what Commissioner Regalado was asking was are you guys looking at another method at all -- Assistant Chief Burden: We -- Commissioner Spence -Jones: -- to deal with that type of issue, instead of use -- something else besides the beanbag? Is that a part of the discussion now in the -- Assistant Chief Burden: It is part of discussion. Commissioner Spence -Jones: -- department? Assistant Chief Burden: We're taking a look at every alternative. We're taking a look at all of the new technologies that are coming out, but right now, as of this date, we haven't removed it from some of the tools that we use. Now we're discussing it; it is on the table, and if we can get something that is better, something that we can use that would reduce the injuries to the citizens, we would take a look at it and use it. Commissioner Spence -Jones: Yeah. I think that's what he needed clarity on. It was really understanding from you, or your department, if you're looking at -- Assistant Chief Burden: Absolutely. Commissioner Spence -Jones: -- other alternatives because, I think from this particular case, we - - you know, I don't know if you guys got a chance to see the images. Did you see them? Commissioner Regalado: Absolutely. Commissioner Spence -Jones: OK, so I think that that -- I don't want to see them. Commissioner Regalado: And the guy was lucky that he's alive. Commissioner Spence -Jones: Yeah, so I'm assuming that you're putting on the record that you're -- Assistant Chief Burden: Yes. Commissioner Spence -Jones: -- looking at other methods to -- Assistant Chief Burden: Yes, we are. We're always looking at other methods, other tools that we can do our job better. Chairman Gonzalez: All right. Do we hear a motion on CA.27? Commissioner Spence -Jones: So moved. Chairman Gonzalez: Do I hear a second? Commissioner Haskins: Second. City of Miami Page 44 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." Commissioner Regalado: No. Chairman Gonzalez: One "no." CA.28 06-01626 RESOLUTION Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management Trust PROCUREMENT OF PLAYGROUND AND PARK EQUIPMENT FROM AMERICAN PARK & PLAY, INC., FOR THE BAYFRONT PARK MANAGEMENT TRUST ("BPMT"), UTILIZING AN EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907-1/06, EFFECTIVE THROUGH NOVEMBER 30, 2006, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $206,323.10; ALLOCATING FUNDS FROM THE 2006-2007 BPMT'S CAPITAL BUDGET. 06-01626 Legislation.pdf 06-01626 Summary Form .pdf 06-01626 Letter .pdf 06-01626 Pre -Legislation .pdf 06-01626 Contract Award Sheet .pdf 06-01626 Invitation to Bid .pdf 06-01626 General Terms and Conditions .pdf 06-01626 Special Conditions .pdf 06-01626 Technical Specifications .pdf 06-01626 Bid Submittal Form .pdf 06-01626 Pre Qualification of Bidders .pdf 06-01626 Acknowledgement of Addenda .pdf 06-01626 Bid Submittal Form 2.pdf 06-01626 Letter 2.pdf 06-01626 E-mail .pdf 06-01626 Quote.pdf 06-01626 Quote 2.pdf 06-01626 Bayfront Park .pdf 06-01626 Plans .pdf 06-01626 Plans 2 .pdf 06-01626 Game Time Quotation .pdf 06-01626 Plans 3 .pdf 06-01626 Plans 4 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0504 Adopted the Consent Agenda Motion by Commissioner Haskins, 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 City of Miami Page 45 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 END OF CONSENT AGENDA Chairman Gonzalez: Consent agenda. Does any of the Commissioner wish to pull any items for the next Commission meeting or --? Commissioner Spence -Jones: I have CA.9 that just want some clarity on, Mr. Chairman. Chairman Gonzalez: CA.9? Commissioner Spence -Jones: C.19 [sic], just need some clarity on. Vice Chairman Sanchez: Wait, wait, wait. Hold on, hold on. CA.9. Commissioner Spence -Jones: CA.9, CA.19 -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- and I believe it's -- just some clarity on CA.23. That's all for me. Chairman Gonzalez: All right. Any other items that --? Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Just to pull CA.27 for clarification. Chairman Gonzalez: OK. All right. CA.9. Commissioner Spence -Jones: OK. Yeah -- and I don't know if Capital Improvements is here -- Mary -- but just wanted to get clarity. I know that this issue of the streetcar -- I've been having conversations back and forth with our City Manager regarding this issue of the streetcar. We all know that we have a serious transportation issue that's -- Chairman Gonzalez: OK. Excuse me. Commissioner Spence -Jones: -- happening -- Chairman Gonzalez: Excuse me a minute. Commissioner Spence -Jones: Sure. Chairman Gonzalez: Why don't we do this. Commissioner Spence -Jones: Sure. Chairman Gonzalez: Let's vote on the rest of the consent agenda -- Commissioner Spence -Jones: Sure. No problem. Chairman Gonzalez: -- and then let's take item by item. Commissioner Spence -Jones: Sure. City of Miami Page 46 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: So move the -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- remaining agenda. Chairman Gonzalez: All right. We have a motion on the remaining -- Priscilla A. Thompson (City Clerk): The -- Chairman Gonzalez: -- of the consent agenda. Ms. Thompson: I'm sorry. I just need clarification from our attorney. He said that CAs (consent agendas) 8 and 12 would be modified. Are we able to adopt those as part of the one and all agenda, or do we need to put something on the record? Jorge L. Fernandez (City Attorney): No. In essence, staff needs to establish what those modifications will be on the record before you, in fact, vote on those, Mr. Chairman. Ifyou choose not to pull them, you need to allow staff to make a brief presentation on how those items are being modified -- Chairman Gonzalez: All right. Mr. Fernandez: -- so that the record is accurate. Chairman Gonzalez: What items are that again? CA.12? Commissioner Haskins: 8 and 12. Chairman Gonzalez: 8 and 12. Mr. Fernandez: Yes. Chairman Gonzalez: All right. Let's exclude CA.8 and 12. Let's vote on the rest of the consent agenda. We have a motion. Do we hear a second? Commissioner Haskins: So moved. Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. "[Later...]" Chairman Gonzalez: All right. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: CA.8 and 12. Mr. Fernandez: Exactly. They need to be modified on the record, and also, after you -- we City of Miami Page 47 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 finish these modifications, I understand that a member of the public signed up with the City Clerk to speak or to make brief comments on a consent item agenda number 11, and my advice to you is that you would -- should -- even though you've already passed the item, that you would allow this person to speak -- Chairman Gonzalez: Definitely. Mr. Fernandez: -- seeing that the person has properly -- Chairman Gonzalez: All right. Mr. Fernandez: -- signed up with the Clerk. PERSONAL APPEARANCE PA.1 06-01487 DISCUSSION ITEM MR. GEORGE P. CASTANO JR., EXECUTIVE DIRECTOR OF THE JOSEFA PEREZ DE CASTANO KIDNEY FOUNDATION, INC. TO ADDRESS THE COMMISSION CONCERNING USER FEES ADJUSTMENT. 06-01487 Cover Letter.pdf 06-01487 Summary Form.pdf DEFERRED Item PA.1 was deferred to the Commission meeting currently scheduled for October 12, 2006. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may. There is an additional item that I would like to defer, which is PA.1. Chairman Gonzalez: What's that again? Mr. Hernandez: PA.1. Chairman Gonzalez: PA.1? Mr. Hernandez: Right, which is an appearance by a citizen that I would like to get with to have the opportunity to talk to him and be able to, hopefully, resolve the item without the appearance before the City Commission. Chairman Gonzalez: So that would be deferred to this afternoon or --? Mr. Hernandez: No. Actually, to October. Chairman Gonzalez: October. Mr. Hernandez: Hopefully, he'll be able to resolve the item, and it may then be withdrawn. Chairman Gonzalez: All right. I also understand that you wanted to defer some other items, or are the ones that the -- Mr. Hernandez: I believe -- Chairman Gonzalez: -- City Attorney re -- Mr. Hernandez: -- the City Attorney has done it already, which are items --I think it's RE.2, City of Miami Page 48 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 RE.4, 5, 6, and 8 -- Chairman Gonzalez: OK. Mr. Hernandez: -- which deal with capital improvement items that I would like to have a bit more time to, in essence, check into those projects. They're quite complex. They involve quite a bit of money, and I would like to have the opportunity to further review them and bring back a -- hopefully, the items or a report back to you in October. Chairman Gonzalez: Very good, sir. Thank you so much. All right. Jorge L. Fernandez (City Attorney): Mr. Chairman, I misspoke. The -- consent item number 3 is being continued to the October 12 meeting. There is no meeting on October 13; it's October 12. Chairman Gonzalez: OK. "[Later...]" Chairman Gonzalez: Personal appearance. Vice Chairman Sanchez: No. That's been -- Commissioner Spence -Jones: That's removed. Chairman Gonzalez: Pardon me? Vice Chairman Sanchez: That's been -- Commissioner Spence -Jones: You removed it. Vice Chairman Sanchez: -- removed. Commissioner Haskins: That's pulled. Commissioner Spence -Jones: He pulled it. Mr. Fernandez: City Manager -- Chairman Gonzalez: Did you pull it? Mr. Fernandez: -- pulled that item, yes. City of Miami Page 49 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-01514 RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ECOMEDIA, LLC, FOR THE ADOPT -A -WATERWAY PROGRAM. 06-01514 Legislation.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, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0539 Jorge L. Fernandez (City Attorney): And also, the Mayor has requested that his item be deferred to early this afternoon. Chairman Gonzalez: So you were talking about PA.1, right? That was deferred -- it was pulled. Mr. Fernandez: Yeah, PA.1 was pulled. Pedro G. Hernandez (City Manager): Yes. Chairman Gonzalez: The Mayor want his item in the afternoon. "[Later...]" Chairman Gonzalez: All right. Also the Mayor has an item here. It's -- OK, you're here. Good. Lisa Martinez (Director, Policy and Legislation): Lisa Martinez, Mayor's Office. Item M.1 is a resolution authorizing the City Manager to negotiate and execute an amendment to the professional service agreement with Ecomedia for the Adopt -A -Waterway Program. Commissioner Spence -Jones: So moved. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." Commissioner Regalado: What is the amendment? Ms. Martinez: The amendment only addresses the expansion of addressing instead of just water, addressing water, air, green space, and public education issues, and so that is just expanding the City of Miami Page 50 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 scope of what could be -- the monies that is collected through this program could be used for, and additionally, the name of the company, it used to be Adopt -A -Waterway Program, and now it is Ecomedia. Those are the two amendments. Commissioner Regalado: So there will be more money or the same money? Ms. Martinez: It's the same amount of money. It's just it's not limited to only water projects, just general environmental projects. Commissioner Regalado: So there will be no more signs? Ms. Martinez: No, the same amount of signs. Commissioner Regalado: OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 51 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER LINDA M. HASKINS D2.1 06-01624 DISCUSSION ITEM DISCUSSION CONCERNING INSURANCE REQUIREMENTS FOR STREET VENDORS IN COCONUT GROVE. 06-01624 Email.pdf A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the Administration, CityAttorney's Office, Public Works, and NET Offices to prepare a legible and enforceable ordinance, comparable to other cities, relating to art zones, definition of ambient artists, regulations and guidelines relating to hold harmless agreements, and equipment limitations for the purpose of exempting ambient artists in Coconut Grove from the requirement of carrying liability insurance. Chairman Gonzalez: Commissioner Linda Haskins. Commissioner Haskins: Yes. I have a discussion item, and I would like to ask the City Attorney's Office to work on preparation of an ordinance -- changing an ordinance. It's for Ambient Artists in Coconut Grove, and insurance requirements imposed on Ambient Artists in Coconut Grove. What we'd like to do is create an art zone that our sidewalk artists can work in areas that are approved by Public Works and the Business Improvement Committee, and for -- because the Grove is known as a -- an area that has lots and lots of wonderful artists. We want to encourage our sidewalk artists and exempt them from the requirement to have liability insurance. We've discussed this with Risk Management. We've discussed it with the City Attorney. There's the sense that as long as the City's Public Works Department and Risk Management has the ability to place the artists in areas that are low -risk, that we should not need to have them carry insurance. Commissioner Spence -Jones: Commissioner Haskins, first I want to commend you on this move because I think that this -- just these little things that can go a long way with small businesses, entrepreneurs, you know, they're trying -- that are struggling frying to make it, you know, in their communities, and to have all -- a lot of times, all these stops put in front of them, you know -- and insurance is a -- we know all around that insurance is a big issue, so I think that this is a great step in the right direction. I'm not really sure where -- just so -- just for -- so that I have some information, is this happening on Grand Avenue, or isAmbient --? Commissioner Haskins: It's going to happen -- Jorge L. Fernandez (City Attorney): Coconut Grove. Commissioner Haskins: -- on Grand Avenue, Center Grove, all -- you know, that area, so this is really, you know, something that we need to do to get that street life back. Commissioner Spence -Jones: Yeah, and I -- and again, here's some -- another thing. You're putting more attention on the West Grove, which has not happened in a very long time, so many of the folks in West Grove now will have the opportunity to do -- to at least create their own little small businesses with these carts. I will also look to your leadership because I'd like to, you City of Miami Page 52 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 know, steal some of your ideas with doing the same thing either in Little Haiti, which is, you know, known for the arts, or in the Overtown area, so I definitely would like to share with you or gain some knowledge or information on what you're doing on that level. Hopefully, the City Attorney is going to say it's OK for us to do it though. Mr. Fernandez: Sure. Vice Chairman Sanchez: Mr. City -- Commissioner Haskins: Share ideas. Vice Chairman Sanchez: --Attorney. Mr. Fernandez: Yeah. Mr. Chairman, want to make sure that we've got all the parameters that Commissioner Haskins is mentioning. Want to make sure that, of course, the assignment we very happily accept and we'll be involved, but the primary client here, the way that we look at billing for our time and all of that, would be Public Works. It would not be the Commissioner's office. She's requesting the item, but Public Works, we would look to them to be very much involved with us in ascertaining or establishing standards, length, width, you know, doing all the technical work that's necessary to have an ordinance that would be legible and enforceable, and to that extent, I want to make sure that the Administration and Public Works understands that we have a great project to work in. We understand that the issue of exempting from liability insurance is one that we have to -- in the agreements, that we would allow these artists to occupy certain spaces at certain times, that we would need to have provisions for exemptions or waivers because, otherwise, the City always requires insurance of any activity that it authorizes to be undertaken, but we can work with the Risk manager likewise to make sure that that happens. Vice Chairman Sanchez: But we should have a standard ordinance comparable -- Commissioner Spence -Jones: Yeah, yeah. Vice Chairman Sanchez: -- to other cities. I mean, don't -- I'm sure we didn't invent this wheel. I mean, there's -- Mr. Fernandez: Well, I take this -- Commissioner Spence -Jones: What do we do for Little Havana? Mr. Fernandez: -- to be a special -- Commissioner Spence -Jones: You don't do that in -- Mr. Fernandez: -- district that needs to be addressed as a special district, and it is in the Coconut Grove -- we know the historical -- Vice Chairman Sanchez: And I'm sure that, you know, West Palm Beach, or maybe, Jupiter has -- or some other city in our great state has something similar. I mean, we just might -- Mr. Fernandez: That would be part of the assignment, to research and see -- Vice Chairman Sanchez: Right, and then -- Mr. Fernandez: -- where the wheel has been invented someplace else. Vice Chairman Sanchez: -- Public Works will come back with the proper language, and we'll City of Miami Page 53 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 vote on it. Mr. Fernandez: Sure. Vice Chairman Sanchez: All right, so the motion is to direct Public Works to come back with -- Mr. Fernandez: And the CityAttorney's Office. Vice Chairman Sanchez: -- and the -- Commissioner Haskins: And the CityAttorney's -- Vice Chairman Sanchez: -- CityAttorney's Office. Commissioner Haskins: -- Office, and work with the NET (Neighborhood Enhancement Team) office as well, I believe, to come back with an art zone, definition of an ambient artist, regulations and guidelines that talk about the hold harmless agreements, equipment limitations, and all of that sort of thing, and for a -- the purpose of which is to exempt ambient artists in Coconut Grove from the insurance -- Vice Chairman Sanchez: Second. Commissioner Haskins: -- requirements. 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. City of Miami Page 54 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-01432 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF THE MONUMENT ENTITLED: "TOGETHER WE CAN / JUNTOS PODEMOS," CONSISTING OF BRONZE FIGURES MOUNTED ON A CONCRETE BASE, SURROUNDED BY A "WALK OF HONOR," MADE OF BRICK PAVERS ENGRAVED WITH THE NAMES OF HONORED SENIOR CITIZENS, AS DESCRIBED HEREIN, AT AN APPROXIMATE VALUE OF $25,000, AND LANDSCAPING APPROPRIATE TO SAID STRUCTURE, FROM THE CRIME PREVENTION ALLIANCE OF SOUTH FLORIDA, INC., A NON-PROFIT ORGANIZATION, TO BE LOCATED IN JOSE MARTI PARK AT NO COST TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE: 06-01432 Legislation.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-06-0524 Direction by Vice Chairman Sanchez to the City Manager to look at simplifying the process for accepting donated art. Vice Chairman Sanchez: All right. Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: I'm sorry. Vice Chairman. Vice Chairman Sanchez: --I have a resolution of the City ofMiami Commission authorizing the City Manager to accept a donation of the monument entitled "Together We Can /Juntos Podemos," consisting of a bronze figure mounted on a concrete base surrounded by a walk of honor, made of brick pavers, engraved with the name of honored senior citizens, as described herein. The location that we are looking at is Jose Marti Park, and it is at no cost to the City of Miami; further authorizing the City Manager to execute the necessary documents for said -- and they are here. I'd like them to come up and maybe show the statue, and say a few words, and then we'll vote on this, and I don't know why it's gotten to a point that it's almost impossible to accept donations from the City. I mean, I have so many artists throughout the community that want to donate either a sculpture or some type of monument that they want to put out in the City, and apparently, because of the liability, because of the maintenance, it is almost impossible to accept it, so maybe that's something we need to look into, simplifying the process so -- we are a city of art. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: I mean, we can't leave the arts out. It's a very important component of City ofMiami Page 55 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 our city, and this is the beautiful artwork that will be displayed at Jose Marti Park. It's a beautiful park in our city, and it clearly demonstrate what Miami is all about, and you know, the name says it all. Together We Can /Juntos Podemos, so Barbara. Barbara Sanchez: Thank you, Commissioner. Barbara Sanchez, 1393 Southwest 1st Avenue, Crime Prevention Alliance of South Florida. Mr. Hastings, as well, Mr. Lago. Yes. Commissioners -- Vice Chairman Sanchez: I thinkHr. Lago needs to come up. He is -- Ms. Sanchez: Absolutely, Commissioner. Vice Chairman Sanchez: -- the artist, after all. Ms. Sanchez: He is honorable Lago, and he's done numerous work between the City ofMiami and the County, and he is just wonderful, as you can see. I'm glad that you're all doing very well, first of all, and I love you all, with -- I haven't been able to meet you, but welcome. I love the City ofMiami. Either way, this is Together We Can /Juntos Podemos. It's basically African American, Hispanic, Native American, and the United States, the representation of all senior citizens. We thought we'd put City ofMiami first with senior citizens, and I think that this project, God willing and God help us, will do just that. My heart -- ifI can just pour out my feelings out to this is there's a lot of senior citizens that, in the last 12 years of my volunteer work, have been out there doing many things, both celebrities, both common residents in the City ofMiami, and I would like for their families, throughout the years, to be able to go somewhere, children, grandchildren, say that was my mother. She helped clean up in a hurricane. She helped bake goods for diabetic in senior homes. She did that, or he did that, and this is what that project is about, uniting people and bringing people together, senior citizens, and yes, we have about 30 honorees, as far as VIPs (Very Important Persons), but those hundred senior citizens that we want to do at the inauguration is just people that really have been out there, and we've been keeping track of them and working with them throughout, so that's what this project's about, and with your blessings and your respects, we ask that you approve this project so we can move on. Vice Chairman Sanchez: All right. Thank you very much. Is there -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- anything you'd like to -- ? I want the artist to say something. Ramon Lago: I'd just like to say I appreciate your -- give us the chance to represent the sculpture. As I travel all around different cities, of course, I'm aware of the monument, and the fountains, and the public displays of art, and I've been instrumental in -- for example, in New York, before SoHo (South of Houston), I was part of that development, and it became what it is today. Philadelphia, the same situation; Baltimore became the Torpedo factory. As I travel, we have worked on different areas with the artists in bringing up the level of -- I should say, the cultural level of the area. I was one of the founders of the Calle Ocho -- was president/founder of the artists in Calle Ocho, and one of the things we do is bring up the level -- the cultural level of the area. Also, bring up business into the area, and also up the rents, so we have to move on, so we're actually defeating our purposes. I'd like to see more artists brought into the area, and I don't know if you're aware or not, but Miami is right now the art capital of the world, so let's think about that. Chairman Gonzalez: Thank you, sir. Vice Chairman Sanchez: Thank you. City ofMiami Page 56 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: Would you like --? Ms. Sanchez: Commissioner -- Vice Chairman Sanchez: Sir, you -- Ms. Sanchez: Commissioner, ifI may. I just wanted you to direct your view. Outside is the United States virgin that he already started, and you can see her -- that's going to be her actual size. We decided to bring her in just to give you a exercise of your sight. Vice Chairman Sanchez: Well, be careful taking her out. Ms. Sanchez: Yes, sir. Yes, sir. Vice Chairman Sanchez: OK. Sir, would you like to say something? I know you've been involved since day one, and I want to take the opportunity to praise you and thank you. Carl Hastings: Thank you. My name is Carl Hastings. I've been active in this project for several years. I'm really excited about it, and I agree with Ramon Lago. I think that this will have a impact on the public art in the City ofMiami, in Miami, and as well as, I think, the public perception. It's long overdue that we give honor to senior citizens who built this world and made it good for the -- all the rest of us, for the younger generation. I think we give a lot of honor to the -- to young people today, but I think it's helpful to remind everybody that, you know, this world wasn't created as it is today, but it was built by somebody who came before us, and I think honoring senior citizens is a way of reflecting that, so I think this is an important project, and I think it's one that deserves our attention. Thank you very much. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Chairman, so move, accepting the donation. Commissioner Haskins: 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. All right. Ms. Sanchez: Thank you. Mr. Lago: Thank you. City ofMiami Page 57 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-01426 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF FACILITY RENTAL FEES, IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250), FOR THE USE OF THE MIAMI ROWING CLUB, ON SATURDAY, SEPTEMBER 23, 2006, FOR THE OPERATION PEDRO PAN SOCIAL EVENT. 06-01426 Legislation.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-06-0525 Chairman Gonzalez: D4.1. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. D4.1, it's a waiver of facility rental fees, in the amount of $250, for the use of the Miami Rowing Club, on Saturday, September 23, 2006, for the Operation Pedro Pan, a -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- non -for -profit organization that is going to have an event. By the way, they are going to pay the employees and all the gas and solid waste, and everything, and this is just a waiver of the fee. That would be my motion. 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. D4.2 06-01430 DISCUSSION ITEM DISCUSSION ABOUT DIRECTING THE ADMINISTRATION TO POST INFORMATION REGARDING ALL CLASS 2 PERMITS ON THE CITY'S WEBSITE, INCLUDING THE NAME OF THE PROJECT, THE LOCATION, THE NUMBER OF UNITS, THE HEIGHT OF THE BUILDING IN STORIES AND FEET, THE DATE OF THE APPLICATION'S SUBMISSION AND THE DATE OF APPROVAL OR DENIAL. 06-01430 Cover Memo.pdf DISCUSSED Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: D4.2. City of Miami Page 58 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Regalado: D4.2 is something that's been in the minds of many residents in the area, and some of them have contact my office, some of them in our district, and it has to do with more information to the people regarding the projects going on in the City ofMiami. We are aware that there is the GIS (Geographic Information System) Web Portal that the City Planning Department has established, but there are people that would like to understand and find out about projects that do not require a public hearing. Recently, we saw in the paper some article regarding a situation in the northeast section where residents were surprised to see that a building went up next to a residential area because of Class II Permits. We know that there is this kind of information in the City's Web page, and Ana Gelabert send us a report, but we ourselves fry to understand and look for this information, and it was a little difficult. We did found it, thanks to Ana's information and guidance. The -- we have here a resident that -- actually, she is a resident ofMichelle's -- Spence -Jones district, butt guess that when she saw this item, she decided to come, and she's very -- she's been very gracious to spend the whole morning here, so if you -- Mr. Chairman, if we allow her, Wendy, to say some words -- I think it's important, and I just would, after that, request from the Administration more guidance. Wendy. Wendy Stephan: Thank you very much for this opportunity. My name is Wendy Stephan. I live at 101 Northeast 43rd Street. I am the president of the Buena Vista East Historic Neighborhood Association, in Commissioner Spence -Jones district, and I'm an active member of our development committee. We're one of the neighborhoods very fortunate to have a group of people who are very interested in development and trying to keep aware and abreast of and letting our neighborhood residents know what's going on in the area. For instance, in the last year, we received something in the area of 40 Class II Permits, and of those, we decided to oppose and appeal two of them, so the vast majority of the Class II Permits we received were no problem at all, and people are excited to hear about the development occurring in their area. The problem is that there's a history of the Class II Permit process -- in our opinion, it's broken. There's huge discretion in terms of the applicants, in terms of -- there's a huge variety in terms of how much information we receive because it is the responsibility of the applicant to notify us, so for instance, in our area, Dacra is a very active developer. Whenever I get a notice from Dacra, it's full of information, very detailed because -- I guess, because they're fairly confident that the projects they're proposing are not of concern. They tend to be low -scale, very, you know, interesting, and people are excited to hear about those projects. On other projects, we receive either very cryptic notifications or we receive no notifications whatsoever, as was the case of a recent project, which was very frustrating to us, so we've been trying to improve this process for at least a year, and we have met with the Planning director in October 19 of last year, and asked that, in the future for notifications when they come, that they have the zoning data sheet attached to them, which gives the information about the project so it's not just new consfruction. Incidentally, these projects also -- these notifications only arrive in English, so that's another major problem, so these notifications are quite cryptic themselves. Then, for instance, they'll have two words "new consfruction," and then they're only in English, so we have to sort of wonder how much real notification is occurring, so this is something we'd like to see happen going forward; both notification online and expansion into other languages, but also, for instance, there's an issue of notification -- right now property owners are notified within 500 feet. What I noticed on one of these projects in the past was that we had looked at the list of who was notified, and I would say two-thirds of the property owners lived out of state, so none of the residents -- as more and more of us are unable to afford homes, and we are going to be living long-term in rentals, I think that notifying residents, not only owners, who may live in Detroit or who may live in Hollywood or whatever, who really just stand to gain by property values going up, that we need to look at quality of life issues and notify residents as well. Another -- the last issue, again, is this inclusion of a zoning data sheet or some information so that people know what they're being notified of. I ask for your assistance on this because I feel that, administratively, nothing has happened in -- you know, between October and now, and in this last instance that we found out, literally by accident, that a project had been approved, and that that notification, that 15 days appeal period had simply ticked down without our even being City ofMiami Page 59 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 aware of it, so it was a frustrating experience, and one that I hope we can avoid in the future and other neighborhoods can avoid in the future. Thank you very much. Commissioner Regalado: For your information -- Chairman Gonzalez: All right. Thank you. Commissioner Regalado: -- the -- it's already on the system an ordinance to expand the notification area for the residents, and that was one of the major concerns of Commissioner Spence -Jones and the pass of notification to the residents, and the reason -- see, the reason that I brought this up was because there is a group of residents near the Home Depot in Southwest 8th Street, which they have enough with what they have now, and there was a rumor that, in one of the residential streets, there was going to be like a change of zoning or a permit, or that the City had issued a permit to build a huge condominium building -- Ms. Stephan: Right. Commissioner Regalado: -- and so we got like 20, 30 calls of people really surprised, upset, and that they didn't know about -- somebody said that they read something in the City's Web page, and it was a confusion, and so in order for us to respond, we had to do it the old-fashioned way. We went to the Zoning office. What do you have there? No, no, no, and then we went knocking in the door of the people and explained to them. That's the old-fashioned way, but -- Ms. Stephan: Yeah. Commissioner Regalado: -- there are many people like you and other young professionals throughout the City that have access to computers and understand, and I think that we should provide -- I think that part of expanding the ratio to notify the residents is a good thing, although, you know, it's going to cost more for the developers, but it's good for them because it solve -- it's preemptive strike because -- Ms. Stephan: It is. Commissioner Regalado: -- it solve a problem of people like -- Ms. Stephan: Right. Commissioner Regalado: -- you or other people coming here to argue and protest, and they can do -- so it would help them, rather than hurt them, and this, frust me. I understand what you're saying because these people like went crazy in that area and it was everything about a Class II or Class III, or whatever, and we didn't quite understand, so I don't know, Mr. Manager, you are an expert on this, butt will tell you that, for simplicity, to simplify things, if we can probably post all the constructions that, you know, this does not require a public hearing, and you know, and then the people would find out because if the people see that some consfruction does not require a public hearing, which is in the process of people apply, they can go and find out more details about the consfruction. If they do require a public hearing, they'll come because, you know -- we got more people here for zoning issues than for budget issues, and it is an irony, but it's about quality of life, I guess -- Ms. Stephan: Yeah. Commissioner Regalado: -- so I don't know what we can really do, but you know, people needs to be informed. Ms. Stephan: Yeah. City of Miami Page 60 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: I'm all for -- and we should always advocate transparency, and providing the public with as much detail as possible when it comes to development. I'm all for it, but think the important factor here is to get the IT (Information Technology) gentleman to come up. IT director, I think the Commissioner's goal is to provide that information through our City information lines, and we do have two of them. We have our Web site, and I think we should take it a step further. I think that we should, through our Communications, even provide that information on -- I always said Net-9. Now I know it's Channel 77, right? So if we could do that, I think that -- a lot of people are, in many ways, either, one, misinformed or not properly informed, so those are the two things that we could do, so let's look at putting something together where we could provide that information through our e-mail (electronic mail) -- Web site and through Channel 77. Commissioner Spence -Jones: I just want to add -- and not taking too much -- Oh, you want to speak on that, Peter? No, no, speak on it first. Peter Korinis (Information Technology): Peter Korinis, Chief Information Officer. We do provide a significant amount of information, and we're always adding more to it, so there's a question of can people find it easily enough? That's certainly one thing we're -- we would always like to improve, so that when -- Commissioner Spence -Jones: Or if they have computers in their house. Mr. Korinis: They need a computer in the house. They need access to the Internet, so those are problems -- Vice Chairman Sanchez: But if they don't have a computer, they got a TV (television). Commissioner Spence -Jones: Right, so we just -- right. Mr. Korinis: Well, I was -- I'll get -- we'll get through to that, but to address the computer issue obvious -- Vice Chairman Sanchez: Well, you're the computer guy. You're not the TV guy. Commissioner Spence -Jones: Right. Vice Chairman Sanchez: She's the TVgal. Mr. Korinis: The TV guy's over here. Vice Chairman Sanchez: No, TVgal. Commissioner Spence -Jones: Gal. Vice Chairman Sanchez: Gal. Mr. Korinis: What was going to say is, obviously, they need to have a computer. They need to have access to the Internet. If they don't have it in the house, they can go to any parks learning center, or they could go to a library, or potentially, work, so there are some opportunities. I'm not saying everybody can easily get to a computer, so that's the first point, is a computer and City of Miami Page 61 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 access. The second point, of course, is, when you go to the Web site, how do you find what you're looking for; is it there, and is it easy to find, so the people don't have to spend a lot of time. We would always want to improve the usability of the Web site so that people can find the information they need, and if the information we have up there, at any given point in time, is not detailed enough or not sufficient enough, as I think I'm hearing that we don't necessarily have all the information they want, then that content can be made available from Planning or from Zoning or something, and put up on the Web site, so I'm in total agreement. We will add to or modify what's up on the Web, and then add these other media access channels, like Channel 77 as well, so -- Chairman Gonzalez: All right. Mr. Korinis: -- maybe Ana can talk about what the content is that's there now. Ana Gelabert-Sanchez: Right now -- Ana Gelabert, Planning director. On the -- what Peter just described, I think we have all the information that I know was raised as far as what is a Class II;; if it has been denied or if it has been approved; how many units does it have; how many square footage of office; how much retail; how high is it, stories, and I know in your e-mail, it was height in feet and in stories. We have that, so that infor -- parking -- all that information, it's on the (UNINTELLIGIBLE) that you have and that the people have access, not to debate what Peter just said. If there was an easier way for people to get through it -- Commissioner Regalado: No, but the question is, Ana -- Ms. Gelabert-Sanchez: Yeah, but it -- Commissioner Regalado: -- the question is -- Ms. Gelabert-Sanchez: I have -- Commissioner Regalado: -- when the people find out, is it too late? Ms. Gelabert-Sanchez: No. I have one more thing. I just want to kind of finish this because just following up on the technical part. The information is there right now. In addition to that, what we have done -- and that was after Commissioner Spence [sic] held a meeting on the same concerns that Wendy expressed here. We talked about them, and it was regarding one project, not to go into why -- what happened with that project. What we're going to be doing is amending the Class II where the -- we are working with the NET (Neighborhood Enhancement Team) offices, with the NET, and asking them what are the associations -- right now, the way that the Zoning Ordinance goes is the -- our -- we notify the NET offices, and the NET offices notify their associations. The people that register with the Planning Department, we send the notifications to them. I understand some people -- and that was done some years ago -- because the associations do change, and then, sometimes, we need the update because, if not, we might be sending it to people that might not be there anymore. Understanding the concern of not only, you know, that Wendy has expressed, many people have that concern. What we are going to be able to do now and that -- starting probably when we had that meeting a week or two ago, is to be able to do two things. One is we're going to take the -- we've -- we're arranging for the NET offices to give us a list of their associations, the ones they know the best; who is the association. We're going to have the association by disfrict, then what we're going to have the applicant is send a notice to the associations within the disfrict. The ordinance says within the neighborhood, but what we're going to do is send them within the district, so if it comes through the Little Haiti district, those will be the associations. We will be asking the NET to give us an update of -- on a yearly basis -- where the associations to make sure we have the right list and working with them. The other thing we're doing, and that came as a result of the meeting that we had the other day, Commissioner Spence -Jones office, would be the second notice. That when City of Miami Page 62 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 you finally -- not on the Web, but a piece of paper that finally makes it to the NET office, notifying them of what's the final decision, and then working with the NET, the NET will be able to make sure all the associations, or the people that are interested, will also be able to get the notice. That is not to say the people that actually send us a letter, meaning the Planning Department, saying I object and I want to be notified of the result, we will -- we have been doing that, and we will continue doing that, and that's just try to make sure that we're covering as many bases as possible and keep people as informed as possible. Commissioner Spence -Jones: Let -- and I don't want to take -- Thank you, Ana. I just want to add, yes, we did recently have a meeting regarding this whole issue of Class II Permits. There was a project, of course, that, you know, the community residents had a issue with not being notified or not properly being notified. One of the things that I'm looking at doing, from my disfrict, because in my disfrict, there's a lot of movement happening now, and I want to make sure that the residents and the associations are aware of what's happening, and not at the last minute. Not only have I requested for the department to provide me, Mr. Manager -- provide the NET offices in the areas with getting their projects off -- out, but also, to send to us a copy in the office, the district office because a lot of times, we understand the full plan of our areas and what we have planned to do in our particular district, and a lot of times, when we don't know these projects are happening because it's not -- doesn't come in front of us, sometimes we know what the resistance will be in the neighborhood, so we can offer that buffer that's necessary in order to move certain projects or to make the adjustment, so I requested in our last meeting with Wendy and the other neighborhood association folks that you not only send that notice to the local NET person, but also, we get a copy of any of the Class II Permits that are going to be issued. Right now we do get a report, but it's for all the projects, and I think it's really important for us to -- and I can't speak for the other Commissioners, but I personally would like to know what's happening so that if someone calls me about a project happening, I -- I'm at least aware of its happening. Ms. Gelabert-Sanchez: And we're doing that, Commissioner. In addition to your request, I've been approaching to different chief of staff to ask if they would like the same information, and we will be doing the same thing -- Commissioner Spence -Jones: OK. Ms. Gelabert-Sanchez: -- so what we will be asking is that the same notice would go to each Commissioner on the Class IIs, and what will personally approach to make sure what -- how much of the information the Class II goes from as simple as an awning to a high-rise, and some people might want to have everything; some people might want to have it, but I'll just meet with your -- independently -- Commissioner Regalado: Thank you. Ms. Gelabert-Sanchez: -- with your offices, and you let me know what it is that you will. Vice Chairman Sanchez: All right. Commissioner Regalado: Thank you very much. Thank you. Thank you, Mr. Chairman. City of Miami Page 63 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-01531 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY CLERK PRISCILLA A. THOMPSON. 06-01531 Legislation.pdf 06-01531 Exhibit.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-06-0538 Chairman Gonzalez: Now we're going to go into recess until 3 o'clock. Commissioner Spence -Jones: I just want to just add -- we're going to deal with -- I guess, when we come back, Commissioner -- Chairman Gonzalez -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- the -- my item, which was -- I want to definitely give it more time, and I don't want us to feel rushed on it. Also, I just want to make notice too -- I do know that we're all charged with looking at the City Attorney, the City Auditor, and the City Clerk, in coming back with our own personal evaluations. I am going to be bringing mine forth as I come back, andl do understand that the City Auditor's will come back in September also at the next meeting, so we'll at least have everybody officially done. I just wanted to make sure the City Auditor was aware of that and we were all aware that we're moving also in the same direction to take care of you, Mr. Auditor, OK? Thanks. Chairman Gonzalez: All right. Well stand in recess. We'll be back at 3 o'clock. "[Later...]" Chairman Gonzalez: Now we're going to go to Commissioner Spence -Jones on her blue pages. Commissioner Spence -Jones: Yes. Thank you very much. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: As you know, I was charged with the responsibility of evaluating the Clerk's performance. I think all of us were -- identify each staff member -- I think every one of us had a staff member to evaluate and mine was the Clerk. I first want to say that this recommendation was made after comparing the salaries of other cities who pop -- whose population matches ours. Unlike those cities, however, our Clerk supervises 14 people and has a budget that well exceeds $2 million in 2006. As we all know, she's a professional person. She's always accessible, and even though we haven't really recognized this in the past, that this August -- this past August, she celebrated her 26 years of being with the City ofMiami, so I want to give her a hand. Please, let's give her a hand. City ofMiami Page 64 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Applause. Commissioner Spence -Jones: We have passed out with you information regarding her salary and her benefits. As you know, the last time that she's received a raise has been, I think, 2004, so basically the recommendation is for the ten percent increase, and if you have any questions -- she has a special presentation that she's going to provide, and we're going to allow her to do that during the discussion period, and I think that's coming up after we do our board appointments, but I just wanted to officially bring this item. Do you have any -- does anybody have any questions regarding --? Vice Chairman Sanchez: Second. Not only does she help me with all documents of the City of Miami, but she's also helped me pimp my ride. Chairman Gonzalez: All right, so we had a motion, right -- Commissioner Spence -Jones: You had a motion. Chairman Gonzalez: -- and a second? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: That's it. Commissioner Spence -Jones: Do you -- would you like to make any comment? Commissioner Regalado: Just -- Commissioner Spence -Jones: Would you like to make any comments, Madam Clerk? Commissioner Regalado: I will make a comment. Commissioner Spence -Jones: OK. "[Later...]" Commissioner Spence -Jones: I just -- Mr. Chairman, I just need to make sure that I also have on the record, just to make -- and the City Attorney just to make sure that I put this on the record. She has not received a raise since 2004, so we would want to make sure that she receives what she's missed from 2004, so do I make a motion, Mr. City Attorney? Is that how I do -- Chairman Gonzalez: I guess you do because it is an amendment, right? Commissioner Spence -Jones: Mr. City Attorney, just -- Chairman Gonzalez: Mr. City Attorney. Commissioner Spence -Jones: -- do I just make a motion? Jorge L. Fernandez (City Attorney): Yes, yes, you do, and I'm trying to see what the actual item reads like because there is an item prepared. Commissioner Haskins: I thought it was already in there in what was presented -- Priscilla A. Thompson (City Clerk): It is. City of Miami Page 65 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Mr. Fernandez: Yeah. Commissioner Haskins: -- when I read it. Ms. Thompson: It is. Commissioner Spence -Jones: So I just want to move that she receives -- Commissioner Haskins: It was for '04, '05 -- '04/'05, '05/'06, and '07, I think -- Commissioner Spence -Jones: Yeah. Commissioner Haskins: -- is what we had -- Commissioner Spence -Jones: Back pay. Commissioner Haskins: -- presented to us, so I think that's what we voted on. Commissioner Spence -Jones: Yeah. Ms. Thompson: That is correct. That's what's in your paperwork. Commissioner Haskins: Yeah. Commissioner Spence -Jones: OK, so I'm OK, Mr. City Attorney? Mr. Fernandez: Yes. I -- I'm just lost. I don't have a copy of the item that has been -- Chairman Gonzalez: It's a resolution -- Mr. Fernandez: -- prepared, but it is -- Chairman Gonzalez: If you allow me -- Mr. Fernandez: -- precisely as you make reference to. Chairman Gonzalez: -- it says it's a resolution of the Miami City Commission, with attachments, ratifying and approving and confirming the salary and benefits to be received by City Clerk Priscilla A. Thompson. That's the resolution. Mr. Fernandez: Correct, and then attached to that is an Attachment 1, which looks like this, which, in fact, is what your -- the substance of the motion -- Commissioner Spence -Jones: Right. Mr. Fernandez: -- so it is the attachment and the resolution that you're, in fact, acting upon, and it is -- Commissioner Spence -Jones: It refros [sic] back? Mr. Fernandez: Yes. It has the refro effect -- Commissioner Spence -Jones: OK, good. City of Miami Page 66 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Mr. Fernandez: -- established in it. Chairman Gonzalez: All right. Commissioner Spence -Jones: Do I need to offer a motion? Chairman Gonzalez: So we need to -- Commissioner Spence -Jones: I already did it. Chairman Gonzalez: -- vote again or --? Commissioner Spence -Jones: No. Chairman Gonzalez: We don't need to vote. Mr. Fernandez: No. No, because the attachment makes it very clear of the retroactive character and the percentages -- Commissioner Spence -Jones: Thank you, Mr. City Attorney. Mr. Fernandez: -- how they -- Chairman Gonzalez: Very good. Mr. Fernandez: -- increase. City of Miami Page 67 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PUBLIC HEARINGS PH.1 06-01422 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvement AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND Programs/Transpor CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, THAT IT IS tation MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-86 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GRANT AGREEMENT BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., PURSUANT TO RESOLUTION NO. 04-0379, ADOPTED JUNE 10, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0572, ADOPTED SEPTEMBER 22, 2005, FOR PUBLIC TRANSPORTATION SERVICES FOR CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341330, B-71201; PROVIDING FOR A ONE-YEAR EXTENSION (OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007), WITH THE OPTION OF TWO (2) ADDITIONAL ONE-YEAR EXTENSIONS; ALLOCATING FUNDS, IN THE AMOUNT OF $300,000, FOR FISCAL YEAR 2006-2007, FROM CIP NO. 341330, B-71201, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO CITY COMMISSION AND BUDGETARY APPROVAL. City of Miami Page 68 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Votes: 06-01422 Legislation.pdf 06-01422 Exhibit.pdf 06-01422 Summary Form.pdf 06-01422 Public Hearing Memo.pdf 06-01422 Notice of Public Hearing.pdf 06-01422 Memo.pdf 06-01422 Master Report.pdf 06-01422 Provision of Transportation Services. pdf 06-01422 Pre-Attachment.pdf 06-01422 Pre -Attachment 2 .pdf 06-01422 Pre -Attachment 3 .pdf 06-01422 Caroll Manor BLDG Depart.pdf 06-01422 Caroll Manor BLDG Return.pdf 06-01422 Pre -Attachment 4 .pdf 06-01422 Pre -Attachment 5 .pdf 06-01422 Pre -Attachment 6 .pdf 06-01422 Certificate of Liability Insurance.pdf 06-01422 Pre -Attachment 7 .pdf 06-01422 Pre -Attachment 8 .pdf 06-01422 Pre -Attachment 9 .pdf 06-01422 Pre -Attachment 10 .pdf 06-01422 Pre -Attachment 11 .pdf 06-01422 Memo 2.pdf 06-01422 Pre -Attachment 12 .pdf 06-01422 State Certificate.pdf 06-01422 Pre -Attachment 13 .pdf 06-01422 Board of Directors.pdf 06-01422 Text File Report.pdf 06-01422 Grant Agreement.pdf 06-01422 Pre -Attachment 14 .pdf 06-01422 Pre -Attachment 15 .pdf 06-01422 Pre -Attachment 16 .pdf 06-01422 Caroll Manor BLDG Depart 2 .pdf 06-01422 Caroll Manor BLDG Return 2 .pdf 06-01422 Pre -Attachment 17 .pdf 06-01422 Pre -Attachment 18 .pdf 06-01422 Pre -Attachment 19 .pdf 06-01422 Certificate of Liability Insurance 2 .pdf 06-01422 Pre -Attachment 20 .pdf 06-01422 Pre -Attachment 21 .pdf 06-01422 Pre -Attachment 22 .pdf 06-01422 Pre -Attachment 23 .pdf 06-01422 Pre -Attachment 24 .pdf 06-01422 Memo 3.pdf 06-01422 Pre -Attachment 25 .pdf 06-01422 State Certificate 2.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-051 3 City of Miami Page 69 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 a four fifth vote. Jorge L. Fernandez (City Attorney): So you're not going to go back to your consent agenda right now? Chairman Gonzalez: After we finish -- Mr. Fernandez: Oh, I'm sorry. Chairman Gonzalez: -- the public hearing. Mr. Fernandez: Sure. Chairman Gonzalez: Yeah. Public hearing were advertised at 10:30 in the morning, so we started late. Yes, sir. Gary Fabrikant (Assistant Director, Capital Improvements Program): PH.1 is a request requiring a waiver of the competitive bidding process. Priscilla A. Thompson (City Clerk): We do need a name for the record. Mr. Fabrikant: I'm sorry. Gary Fabrikant, Department of Capital Improvements. PH.1 is a request of a waiver of the competitive bidding process to enter into the second option to renew with a grant agreement forAccion Community Center. It provides transportation services to the elderly within the City. The request is in the amount of $300, 000. This will be the second option to renew for the contract. Currently, Accion Community Center is providing services to about 5,500 riders per month, and based on their experience, their knowledge, hands-on management, quality control, and use of local resources, we are recommending that it's in the best interest to the City to exercise this option to renew. In preparing this option to renew, the -- we were working with the City Attorney, who determined that the waiver of competitive bidding would be required, due to the change in funding sources. Originally, when the grant was entered into Accion Community Center, it was utilizing Community Development Block Grant funding. It is now using transportation/transit funding, and as a result, requires a waiver of the process. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Vice Chairman Sanchez: Public hearing. Chairman Gonzalez: 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. It's a four -fifth vote. Will you please do roll call, please? Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The -- Vice Chairman Sanchez: They're a great organization. They provide a great service. PH.2 06-01420 RESOLUTION City of Miami Page 70 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BRICKELL WEST VIEW," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-01420 Legislation.pdf 06-01420 Exhibit.pdf 06-01420 Exhibit 2 .pdf 06-01420 Exhibit 3 .pdf 06-01420 Exhibit 4 .pdf 06-01420 Exhibit 5 .pdf 06-01420 Exhibit 6 .pdf 06-01420 Summary Form.pdf 06-01420 Legal Description.pdf 06-01420 Public Hearing Memo .pdf 06-01420 Notice Of Public Hearing.pdf 06-01420 Memo .pdf 06-01420 Notice Of Public Hearing 2 .pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, 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-06-051 6 Chairman Gonzalez: PH.2. Stephanie Grindell (Director, Public Works): Stephanie Grindell -- Chairman Gonzalez: It's a plat. Ms. Grindell: -- director of Public Works. PH.2 is a resolution accepting the proposed plat of Brickell West View, which is located along the westerly side of Southwest 17th Road at Southwest 2nd Court. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. 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. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 71 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.3 06-01421 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CARRILLO SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-01421 Legislation.pdf 06-01421 Exhibit .pdf 06-01421 Exhibit 2 .pdf 06-01421 Exhibit 3 .pdf 06-01421 Exhibit 4 .pdf 06-01421 Exhibit 5 .pdf 06-01421 Summary Form.pdf 06-01421 Legal Description.pdf 06-01421 Public Hearing Memo.pdf 06-01421 Notice Of Public Hearing.pdf 06-01421 Memo.pdf 06-01421 Notice Of Public Hearing 2 .pdf Motion by Commissioner Regalado, seconded by Commissioner Haskins, 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-06-0517 Chairman Gonzalez: PH.3. Stephanie Grindell (Director, Public Works): PH.3 -- Chairman Gonzalez: Another plat. Ms. Grindell: -- is a resolution accepting the proposed plat of Carrillo Subdivision, which is located along the northwesterly side of Southwest 2ndAvenue, between I-95 expressway and Southwest 17th Road. Chairman Gonzalez: Do I hear a motion? Commissioner Regalado: Move it. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. 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. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 72 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.4 06-01491 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MELO PLAZA," A REPLAT AND SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-01491 Legislation .pdf 06-01491 Exhibit .pdf 06-01491 Exhibit 2 .pdf 06-01491 Exhibit 3 .pdf 06-01491 Exhibit 4 .pdf 06-01491 Exhibit 5 .pdf 06-01491 Exhibit 6 .pdf 06-01491 Summary Form .pdf 06-01491 Public Hearing Memo .pdf 06-01491 Notice Of Public Hearing .pdf 06-01491 Memo .pdf 06-01491 Notice Of Public Hearing 2 .pdf 06-01491 Legal Description .pdf Motion by Commissioner Haskins, 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-06-0518 Chairman Gonzalez: PH.4. Stephanie Grindell (Director, Public Works): PH.4 is a resolution accepting the proposed plat ofMelo Plaza, which is located along Southwest 18th Road, between Southwest 1st Avenue and 1-95 and Southwest 2ndAvenue. Chairman Gonzalez: Is there a motion on PH.4? Commissioner Haskins: So moved. Commissioner Regalado: 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 the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 73 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.5 06-01423 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF TWO (2) TRAILERS FOR THE DEPARTMENT OF FIRE -RESCUE, FOR FIRE STATIONS 13 AND 14 FROM GE CAPITAL MODULAR SPACE, IN AN AMOUNT NOT TO EXCEED $134,912; AUTHORIZING SAID PURCHASES ON AN AS -NEEDED BASIS, SUBJECT TO THE RECEIPT OF A BILL OF SALE ABSOLUTE, FOR THE TRAILERS AND THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01423 Legislation .pdf 06-01423 Summary Form .pdf 06-01423 Memo .pdf 06-01423 Public Hearing Notice .pdf 06-01423 Notice to the Public .pdf 06-01423 Website .pdf 06-01423 Quotation .pdf 06-01423 Lease Agreement .pdf 06-01423 Terms and Conditions.pdf 06-01423 Lease Agreement 2 .pdf 06-01423 Terms and Conditions 2 .pdf 06-01423 Emergency Purchase Order .pdf 06-01423 Website 2 .pdf 06-01423 Quotation 2 .pdf 06-01423 Test Template .pdf 06-01423 Plans .pdf 06-01423 Plans 2 .pdf 06-01423 Fax .pdf 06-01423 Modular Building Specifications .pdf 06-01423 Pre-Legislation.pdf 06-01423 Memo 2 .pdf 06-01423 Purchase Order .pdf 06-01423 Pre -Legislation 2 .pdf Votes: Motion by Commissioner Regalado, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0514 Chairman Gonzalez: PH.5 is a four fifth requirement. Yes, sir. Good morning. Deputy ChiefMaurice Kemp: Good morning. Maurice Kemp, deputy fire chief. PH.5 is a resolution waiving competitive bidding for the purchase of two trailers for the Department of Fire -Rescue for Stations 13 and 14. Chairman Gonzalez: All right. City of Miami Page 74 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 10:30 A.M. PH.6 06-01442 Department of Community Development Commissioner Spence -Jones: So moved. Commissioner Regalado: Move it. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. 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. Madam City Clerk, will you do 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 or -- the resolution has been adopted, 4/0. Chairman Gonzalez: Thank you. Thank you. A sign language interpreter translated discussion of items PH.6 - PH-16. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, ONE CITY OF MIAMI ("CITY") OWNED PARCEL OF LAND LOCATED AT 1700 NORTHWEST 58 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE CITY DEPARTMENT OF OFF- STREET PARKING, FOR THE CONSTRUCTION OF A SURFACE PARKING LOT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-01442 Legislation.pdf 06-01442 Exhibit .pdf 06-01442 Summary Form.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-06-0506 Chairman Gonzalez: All right. We're going to have to stop the consent agenda, and we're going to need to move to the public hearing items because they were supposed to start at 10:30 in the morning. It's 11 o'clock, so PH.6. Barbara Gomez -Rodriguez (Director): Barbara Rodriguez, Department of Community Development. We're requesting approval to transfer land located at 1700 Northwest 58th Street to the City ofMiami Department of Off -Street Parking, and this will be for the construction of a surface parking lot. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. City ofMiami Page 75 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.7 06-01445 Department of Community Development Chairman Gonzalez: All right. We have a motion and we have a second. This is a public hearing. Anyone from the public that wants to address the Commission, please come forward. Vice Chairman Sanchez: It requires a four fifth vote, doesn't it? Chairman Gonzalez: No. Seeing none, hearing none, the public hearing is closed. It's an ordinance, Mr. City Attorney, or it's a resolution? Jorge L. Fernandez (City Attorney): Res -- a resolution. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones: Barbara, I just want to also acknowledge that the new parking lots -- and you'll see them tomorrow when we go -- are beautiful, so I look forward to the new one. Go ahead. Ms. Gomez -Rodriguez: Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $185,000, FROM THE CITY OF MIAMI REVOLVING LOAN ACCOUNT; ALLOCATING SAID FUNDS, TO THE ALTERNATIVE PROGRAMS, INC., FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. 06-01445 Legislation.pdf 06-01445 Exhibit.pdf 06-01445 Exhibit 2 .pdf 06-01445 Exhibit 3 .pdf 06-01445 Exhibit 4 .pdf 06-01445 Exhibit 5 .pdf 06-01445 Summary Form.pdf 06-01445 Public Notice.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-06-0507 Chairman Gonzalez: PH.7. Barbara Gomez -Rodriguez (Director, Community Development): PH.7, we're requesting the transfer of funds, in the amount of $185,000, from the City ofMiami revolving loan account, and allocating said funds to the alternative program. This, basically, we're requesting these funds to facilitate heavy damages to the roof and the windows. It's located at 151 Northwest 60 Street, City ofMiami Page 76 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.8 06-01446 Department of Community Development and we're also saying that payments will be made direct to the contractor. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: So move. Second. Chairman Gonzalez: All right. We have a motion and we have a second. 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. 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, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, IN THE TOTAL AMOUNT OF $45,000, AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, IN THE AMOUNT OF $30,000, TO CENTER OF INFORMATION AND ORIENTATION, INC, TO PROVIDE LONG TERM RENTAL ASSISTANCE ("LTRA") TO AN ADDITIONAL ONE HUNDRED (100) HOPWA PARTICIPANTS, AND THE AMOUNT OF $15,000 TO EMPOWER "U," INC., TO PROVIDE LTRA TO AN ADDITIONAL FIFTY (50) HOPWA PARTICIPANTS,INCREASING THEIR CURRENT CONTRACTED CASELOADS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), TO THE EXISTING AGREEMENT(S) WITH SAID AGENCIES, FOR SAID PURPOSES. 06-01446 Legislation .pdf 06-01446 Exhibit.pdf 06-01446 Summary Form .pdf 06-01446 Public Notice .pdf 06-01446 Text File Report .pdf 06-01446 Pre Attachment .pdf 06-01446 Agreement .pdf 06-01446 Amendment .pdf 06-01446 Agreement 2.pdf 06-01446 Amendment 2 .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-06-0508 Chairman Gonzalez: PH.8. Barbara Gomez -Rodriguez (Director, Community Development): PH.8, we're requesting also some transfer of funds. The Administration is requesting the transfer of HOPWA (Housing Opportunities for Persons with AIDS) funds, in the amount of $45, 000, and basically, what we're doing is closing out two last year's contract; one is Center for Independent Living, $6,987.50, and Empower U, 38,012.50, and allocating said funds to Center of Information and Orientation, City of Miami Page 77 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 $30, 000, and Empower U current contract, $15, 000, for a total of $45, 000. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. 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. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.9 06-01447 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $80,000, FROM THE CITY OF MIAMI- REVOLVING LOAN PROGRAM; ALLOCATING SAID FUNDS TO BETTER WAY OF MIAMI, INC., FOR THE REHABILITATION OF SAID AGENCY'S LONG TERM HOMELESS HOUSING FACILITY LOCATED AT 675 NORTHWEST 17 STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 06-01447 Legislation.pdf 06-01447 Exhibit.pdf 06-01447 Exhibit 2 .pdf 06-01447 Exhibit 3.pdf 06-01447 Exhibit 4.pdf 06-01447 Exhibit 5.pdf 06-01447 Summary Form.pdf 06-01447 Public Notice.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-06-0509 Chairman Gonzalez: PH.9. Barbara Gomez -Rodriguez (Director, Community Development): PH.9, we're requesting to transfer from -- some funds, and this is -- the Administration is requesting the transfer of CDBG (Community Development Block Grant) funds in the amount of -- Vice Chairman Sanchez: So move. Ms. Gomez -Rodriguez: -- $80, 000 -- 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 speak on the item, please come forward. Seeing none, City of Miami Page 78 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.10 06-01448 Department of Community Development hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUND POLICIES FOR SINGLE FAMILY REHABILITATION PROGRAM AND THE REPLACEMENT HOME PROGRAM TO INCLUDE WAIVING INSURANCE REQUIREMENT FOR ELIGIBLE ELDERLY PERSONS PARTICIPATING IN SAID PROGRAMS. 06-01448 Legislation .pdf 06-01448 Exhibit .pdf 06-01448 Exhibit 2.pdf 06-01448 Summary Form .pdf Motion by Commissioner Spence -Jones, 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-06-0526 Chairman Gonzalez: PH 10. Barbara Gomez -Rodriguez (Director, Community Development): PH 10, this was a directive on June 22. Commissioner Regalado requested that the Department of Community Development look at the possibility of not requesting insurance for our single family rehab program. Back when Commissioner Haskins was CFO (Chief Financial Officer), she negotiated with the State, and today, we're here requesting that you do approve a policy waiving insurance requirement for elderly programs participating in the single family rehab program. Commissioner Spence -Jones: So moved. Commissioner Haskins: Second. Commissioner Regalado: Second. Mr. Chairman, ifI may. Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Regalado: There is a case that Barbara knows in District 4 of an elderly resident who has already pay the house. He wants to comply with everything in code enforcement, but the house is almost a total replacement. He can -- he refuses to accept the contract because the City is asking for insurance, so is it possible to include replacement also with rehab in the same waiver that we got from the State? Ms. Gomez -Rodriguez: We can amend the resolution and include the replacement home in this resolution right now. Commissioner Regalado: But it's in line what the State is waiving for -- Ms. Gomez -Rodriguez: Yes, it is. City of Miami Page 79 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.11 06-01449 Department of Community Development Commissioner Regalado: -- the City, and the reason -- for the people to understand -- is that these people live off Social Security. There's no way that they can pay insurance, so the City cannot pay their insurance -- Ms. Gomez -Rodriguez: Right. Commissioner Regalado: -- so no one can use these funds to do whatever they need to do in their homes, so ifI may, Mr. Chairman, I will amend the resolution to include replacement too. Chairman Gonzalez: All right. Commissioner Spence -Jones: So -- Chairman Gonzalez: 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. All in favor, say "aye," as amended. As amended. Jorge L. Fernandez (City Attorney): It's -- right, and the amendment is reflected on the record, right? Chairman Gonzalez: Right. Priscilla A. Thompson (City Clerk): That's correct. Mr. Fernandez: And that's OK with you, Ms. Rodriguez -- Ms. Gomez -Rodriguez: Yes. Mr. Fernandez: -- that -- great. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 05-0577, ADOPTED SEPTEMBER 22, 2005, TO MODIFY THE REIMBURSEMENT SCHEDULE TO REFLECT THE DELETION OF THE DECLINING RATE SCHEDULE FOR THE NEIGHBORS AND NEIGHBORS ASSOCIATION, INC. AND TO REPLACE IT WITH A FIVE YEAR COVENANT WHERE PARTICIPATING PROPERTY OWNERS ARE REQUIRED TO REIMBURSE THE CITY OF MIAMI ("CITY") IF THE PROPERTY IS SOLD, UNTIL FIVE YEARS AFTER THE CONTRACT EXPIRATION DATE. 06-01449 Legislation .pdf 06-01449 Summary Form .pdf 06-01449 Text File Report .pdf DEFERRED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, to defer item PH.11. Direction by Commissioner Spence Jones to the Administration recommending that Barbara City of Miami Page 80 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Gomez Rodriguez, Director of the Department of Community Development, further discuss with Leroy Jones the rate schedule for Neighbors and Neighbors Association, Inc. Chairman Gonzalez: PH.11. Barbara Gomez -Rodriguez (Director, Community Development): PH.11 was also a Commission directive from Commissioner Spence -Jones on June 22, and the request was that the Administration work with Neighbors and Neighbors in the Osun Village project contract requirement. We have worked with them, and our recommendation is that the terms of the contract be modified to participating property owners are required to reimburse the City of Miami if the property is sold, and that will be for five years after the agreement or the expiration of the contract. These properties will have a mortgage to their property, and it will have a restriction that, if the property is sold, they must pay back the City. Vice Chairman Sanchez: Within the five years. Ms. Gomez -Rodriguez: Right. Five year after the confract expires, so if the contract takes -- if the project takes two years to commence and to complete, it will be five years after that termination. Commissioner Haskins: Barbara, what's -- what are the terms of the repayment? Ms. Gomez -Rodriguez: Well, the -- Commissioner Haskins: No. I mean, do they pay interest then? Ms. Gomez -Rodriguez: No. They're -- Commissioner Haskins: Do they pay -- Ms. Gomez -Rodriguez: -- as of now -- Commissioner Haskins: -- gain? Ms. Gomez -Rodriguez: -- it's only the reimbursement of whatever is going to be invested in their business. Chairman Gonzalez: All right. Yes, sir. Good morning. Leroy Jones: Leroy Jones, Neighbors and Neighbors Association. I'm requesting that the language at least show a declining rate per year because, as it's written here, it just say five years. Let's say, for example, if the project is $75, 000, if they sell the property four years from now, they have to pay the City back 75,000. It don't say no declining year like the last confract says. It should decline each year; first year, 100,000; second year, 75,000; third year, 50,000; fourth year, 25,000, and ten -- I meant to say percent. I'm sorry. First year, 100 percent; second year, 75 percent. It should say a declining rate and not -- the way it's wrote, it's open. If they sell the property -- let's say they sell the property four years, 364 days from now. The way this wrote, they'll have to pay -- the City can request that they pay all the money back. It usually -- the language usually show a declining rate per year in which the percentage they have to pay the City back on the money that they get from the contract. It don't -- Chairman Gonzalez: Ms. Rodriguez. Mr. Jones: -- say a declining rate on here. City of Miami Page 81 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: Ms. Rodri -- Ms. Gomez -Rodriguez: I wish I could entertain that. I would have to advise you differently, and the reason is, per United States Housing and Urban Development regulation, funds must be "used to meet one of the national objective." In Section 570.208 or Section 207.901, it says that they must be for five year; that's the minimum. In the event that the City Commission decide to have a declining schedule, if that business owner leaves at four years and does not pay back the full amount, the City Commission would have to reimburse HUD (Department of Housing and Urban Development) -- Chairman Gonzalez: To reimburse HUD -- Ms. Gomez -Rodriguez: -- for that difference. Chairman Gonzalez: -- for it. Ms. Gomez -Rodriguez: It is against the regulation to have it declining. Again, I did cite in my resolution the code that they can, you know -- Mr. Jones: Well, the -- Ms. Gomez -Rodriguez: -- look at it. We can write to HUD and see if they're willing to give a waiver, but as of now, I would have to recommend, I guess -- Vice Chairman Sanchez: Leroy, I think you need to cash out, man. Mr. Jones: Listen, Commissioner, I beg to differ. The language does not -- the language says that the prop -- that the City ofMiami -- that whatever municipality or government can request -- it don't say it's mandatory. It said that it can request that the property owner pay a declining rate -- pay up to the five years, so it can decline. It does not say that it cannot decline. The County's own decline in five years, so it has a declining rate for every year -- 75 --100 percent the first year, 75 percent the second year -- Commissioner Spence -Jones: OK, but -- Mr. Jones: -- 50 percent the third year, so it does not say that the City does not have the authority to have a declining rate for -- Commissioner Spence -Jones: Mr. Jones. Mr. Jones: -- the interest -- Commissioner Spence -Jones: Mr. Jones -- Mr. Jones: Yes. Commissioner Spence -Jones: -- and Ms. Rodriguez, both -- I mean, the project is definitely in my district, and it's a big project that we're frying to have happen, Osun -- in Osun Village. Is there any way that we could -- you guys -- have you had an opportunity --? Because sounds like you haven't really got a chance to sit down and talk and discuss this issue. Ms. Gomez -Rodriguez: I think we have had, Commissioner. The only thing that I can recommend is I'll be more than glad to write a letter to US HUD and get some ruling in writing. As of now, this is the way we interpret the regulation, and I cannot recommend anything different. City ofMiami Page 82 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: Right. Ms. Gomez -Rodriguez: We did look at the -- Mr. Leroy Jones request, and we were able to reduce from eight years to five -- Commissioner Spence -Jones: Five. Ms. Gomez -Rodriguez: -- but anything less than that, we will not be able to recommend at this time. Again, I will be -- Commissioner Spence -Jones: Can I -- Ms. Gomez -Rodriguez: -- more than glad -- Commissioner Spence -Jones: -- just -- can I make the recommendation that we -- that the two of you guys, at least --? Let's -- Ms. Gomez -Rodriguez: We could. Commissioner Spence -Jones: -- pull this item for now and see if we can sit down and have another discussion regarding another way to deal with the issue. I mean, we going to -- Ms. Gomez -Rodriguez: I'll be more than glad. Commissioner Spence -Jones: -- go back and forth. Mr. Jones is going to say it's this way -- Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: -- and you're going to say it's that way. In the meantime, the project is not moving, which already it's almost a year now, and I haven't seen anything happening, so at this -- Vice Chairman Sanchez: Defer it? Commissioner Spence -Jones: I would prefer to -- Vice Chairman Sanchez: Move -- Commissioner Spence -Jones: -- defer it. I move to defer it. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion to defer -- Commissioner Spence -Jones: Y'all work it out. Chairman Gonzalez: -- and we have a -- Mr. Jones: But -- Chairman Gonzalez: -- second. All in favor, say "aye." City of Miami Page 83 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 The Commission (Collectively): Aye. Mr. Jones: But Commissioner, I -- Chairman Gonzalez: Item has been deferred. Mr. Jones: -- just want to -- Vice Chairman Sanchez: The item has been deferred. Mr. Jones: -- clarify. The project is -- Chairman Gonzalez: Item has been deferred. Mr. Jones: -- moving. Commissioner Spence -Jones: OK. Let me change it. The project is moving, you're right -- Mr. Jones: OK. Commissioner Spence -Jones: -- Leroy. All of the businesses have been selected. I stand corrected on -- everything is ready to go. The thing that's preventing it from going all the way presently is this issue, correct? Mr. Jones: That and some little minor construction details that have to be signed off by the State. Commissioner Spence -Jones: OK -- Mr. Jones: That's it. Commissioner Spence -Jones: -- but you're right. Mr. Jones: Yes. Commissioner Spence -Jones: The project is definitely moving. They've all been identified, and I stand corrected. It is more than what, 90 percent done now, right? Mr. Jones: Well, we just waiting for the little -- Ms. Gomez -Rodriguez: On what? Mr. Jones: -- corrections have to be made on the -- Commissioner Spence -Jones: No, meaning like the paperwork. Mr. Jones: -- plans --waiting -- Commissioner Spence -Jones: The paperwork -- Mr. Jones: -- yeah, right. Commissioner Spence -Jones: -- so I stand corrected. Mr. Jones: OK. City of Miami Page 84 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.12 06-01450 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT'S 31ST YEAR HOUSING PROGRAM POLICIES FOR HOMEOWNERSHIP ACTIVITIES, AS DESCRIBED IN "EXHIBIT A" AND "EXHIBIT B," ATTACHED AND INCORPORATED. 06-01450 Legislation.pdf 06-01450 Exhibit.pdf 06-01450 Summary Form.pdf 06-01450 Text File Report.pdf 06-01450 Pre Attachment.pdf 06-01450 Pre Attachment 2.pdf 06-01450 Housing Program Summary pdf.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-06-0527 Chairman Gonzalez: All right. PH.12. Barbara Gomez -Rodriguez (Director, Community Development): PH.12 -- and this is an item we're bringing back. We brought a policy for housing in May, which the Commissioner at that time felt that it was not the proper policy, and I want to bring it back to you again, mentioning some of what Commissioner Sanchez said early this morning. Our current policy, Commissioner, we do provide down payment assistant [sic]. Those individuals that we provide down payment assistant [sic] have the right to sell that house tomorrow, and there is nothing really we can do. That is the policy that was adopted by this City Commission May 25. When we came May 25, we were against that policy. We felt that we don't have enough land in the City, and that we should preserve as many affordable housing as we could that we were currently building. We're coming back to ask you to reconsider your approval, and what are we requesting is, number one, the program description, number one, for homeownership down payment assistant [sic] will stay the same. The repayment requirement is what we are changing, and what we're saying, in the case of a sale or transfer of the property, the borrow will be required to sell the unit to an income eligible buyer, which is very different than what we do right now. Yes, all of our down payment assistant [sic] do have mortgages to the property, so we do get our money back, but what happen is, they can sell the next day that they buy the house. They can make their profit and move on. What we're telling you now is, change our policy and reconsider it to have that individual sell it to another low-income individual. We're also saying that, in the case of a sale or transfer of the unit, the City will share on the gain, and basically, we're saying that, in the first three years, the City will get a pro rata share of the gain generated. Three to twenty years, on the third year, the receive -- the City will receive 85 percent, on a declining schedule at 15 percent. At year 20, the borrower receives a hundred percent of the gain. The above gain sharing proposal will terminate in the case of a foreclosure. However, the City will require lenders to provide us a right of first refusal to purchase the loan. The loan will be forgiven after 30 years. This tells you they're not going to pay you back. Thirty years, that debt will go away, but you have secured that property for 30 years that it will be occupied by a low-income -- Vice Chairman Sanchez: Low income. Ms. Gomez -Rodriguez: -- individual, so basically, we are requesting that you reconsider the policy that was approved by the City Commission on May 25, and this will apply to our City of Miami Page 85 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 homeowner policies down payment assistant [sic] programs. Vice Chairman Sanchez: Move to reconsider. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. 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. All in favor, say "aye." Commissioner Haskins: May I? Barbara -- Ms. Gomez -Rodriguez: Yeah. Commissioner Haskins: -- the sale or transfer -- the gain for three to twenty years, you said, as you were discussing this, that it's on a declining schedule, right? Ms. Gomez -Rodriguez: Correct. Commissioner Haskins: But that's not how it's worded in here. I just want to make sure. Between three and twenty years, they're moving from 15 percent of the gain to a hundred percent of the gain. Ms. Gomez -Rodriguez: Correct. Commissioner Haskins: OK, on a declining schedule -- Ms. Gomez -Rodriguez: Correct. Commissioner Haskins: -- because the way it was worded in the backup isn't clear on that. Ms. Gomez -Rodriguez: OK. We will -- Commissioner Haskins: OK, so that it's a declining schedule. Ms. Gomez -Rodriguez: Right. Commissioner Haskins: OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PH.13 06-01451 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE Development AMOUNT $52,000, FROM THE CITY OF MIAMI REVOLVING LOAN PROGRAM; ALLOCATING SAID FUNDS TO SECTION 108 DEBT SERVICE, TO ADJUST ACTUAL EXPENDITURES FOR THE YEAR AS A RESULT OF INCREASED INTEREST PAYMENT ON VARIABLE INTEREST RATE LOANS. City of Miami Page 86 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01451 Legislation.pdf 06-01451 Exhibit.pdf 06-01451 Summary Form.pdf 06-01451 Public Notice.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 PH.14 06-01452 Department of Community Development R-06-0510 Chairman Gonzalez: PH 13. Barbara Gomez -Rodriguez (Director, Community Development): PH 13, we're requesting the transfer of funds, in the amount of $52, 000, from the City ofMiami revolving loan account, and this is basically to cover Section 108 debt service, and the interest have gone up, and we do owe Vice Chairman Sanchez: This -- Ms. Gomez -Rodriguez: -- much more money. Vice Chairman Sanchez: -- is always a bitter pill to swallow, but could tell you this much, as long as I'm a Commissioner here, I'm never supporting another 108 loan. Chairman Gonzalez: All right. Do I hear a motion or --? Commissioner Haskins: So move. Vice Chairman Sanchez: Hey, got to do it. Commissioner Regalado: Second. Vice Chairman Sanchez: What are you going to do? Chairman Gonzalez: We have a motion and we have a second. 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. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Those things just never go away. Chairman Gonzalez: PH.14. Ms. Gomez -Rodriguez: You still have a couple of years. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE ALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM ("HOPWA") FUNDS FOR FISCAL YEAR 2006-2007, TO SPANISH AMERICAN BASIC EDUCATION & REHABILITATION, INC. ("SABER"), IN AN AMOUNT City ofMiami Page 87 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 NOT TO EXCEED $171,000, INCREASING THE FUNDS FROM $384,750 TO $555,750 TO PROVIDE LONG TERM RENTAL ASSISTANCE; AUTHORIZING THE TRANSFER OF HOPWA FUNDS, IN THE AMOUNT OF $171,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT LONG TERM RENTAL ASSISTANCE PROGRAM, FOR SAID PURPOSE; ALLOCATING SAID FUNDS TO SABER TO PROVIDE SAID SERVICE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE; AMENDING RESOLUTION NO. 06-0367, ADOPTED JUNE 8, 2006, TO REFLECT SAID INCREASE. 06-01452 Legislation .pdf 06-01452 Exhibit .pdf 06-01452 Exhibit 2 .pdf 06-01452 Exhibit 3 .pdf 06-01452 Exhibit 4 .pdf 06-01452 Exhibit 5 .pdf 06-01452 Exhibit 6 .pdf 06-01452 Exhibit 7 .pdf 06-01452 Exhibit 8 .pdf 06-01452 Summary Form .pdf 06-01452 Public Notice .pdf 06-01452 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-06-0511 Chairman Gonzalez: PH 14. Barbara Gomez -Rodriguez (Director, Community Development): PH 14, we're requesting a transfer of funds, and -- Vice Chairman Sanchez: So moved. 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 speak on this item, please come forward. Vice Chairman Sanchez: But Barbara, I apologize. Why don't you read it into the record? Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: It's transferring funds from HOPWA (Housing Opportunities for Persons with AIDS). People need to understand that. Ms. Gomez -Rodriguez: We are transferring -- Commissioner Spence -Jones: No. Ms. Gomez -Rodriguez: -- let me --171, 000 from the City ofMiami Department of Community Development long-term rental assistant [sic] program, and allocating said funds to SABER City ofMiami Page 88 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 PH.15 06-01453 Department of Community Development (Spanish American Basic Education & Rehabilitation), Inc. Chairman Gonzalez: All right. I opened a public hearing. I don't see anyone. The public hearing is closed; comes back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXTENSION, UNTIL SEPTEMBER 30, 2006, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION TO OBTAIN THE REQUIRED CERTIFICATE OF OCCUPANCY AND SELL ONE (1) NEW SINGLE FAMILY HOME AT 3290 NORTHWEST 9 COURT, MIAMI, FLORIDA, TO A QUALIFIED LOW/MODERATE INCOME FAMILY; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 06-01453 Legislation .pdf 06-01453 Exhibit.pdf 06-01453 Summary Form .pdf 06-01453 Text File Report .pdf Motion by Commissioner Spence -Jones, 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-06-0512 Chairman Gonzalez: PH.15. Barbara Gomez -Rodriguez (Director, Community Development): PH.15, we are -- Commissioner Haskins: Perfect example of -- Chairman Gonzalez: Pardon me? Commissioner Haskins: -- Water and Sewer Authority issues delaying affordable housing. Chairman Gonzalez: That's correct. Ms. Gomez -Rodriguez: We're basically requesting an extension of -- until September 30. This was five properties that we provided to Rafael Hernandez; four of the properties have been released. We did have some issues with permits and water, but I can assure you that we do have a ready CO (Certificate of Occupancy). It is sold already, and it's just giving me an extension to September 30 because of the covenant that we have on the property. Chairman Gonzalez: All right. Commissioner Spence -Jones: So move. City of Miami Page 89 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. 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. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PH.16 06-01621 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AMENDING RESOLUTION NO. 05-0700, ADOPTED Development NOVEMBER 17, 2005, BY SUBSTITUTING THE ATTACHMENT OF SAID RESOLUTION, WITH THE MIAMI RECOVERS PROGRAM GUIDELINES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED; AUTHORIZING THE ACCEPTANCE OF SAID GUIDELINES TO BE IN EFFECT, RETROACTIVE TO NOVEMBER 17, 2005. 06-01621 Legislation .pdf 06-01621 Exhibit .pdf 06-01621 Summary Form.pdf 06-01621 Pre -Legislation .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-06-0519 Chairman Gonzalez: PH.16. Barbara Gomez -Rodriguez (Director, Community Development): PH.16, we are requesting an amendment to our Miami Recoveries program guidelines. This was a program that we started last year, November 17, and it was basically to deal with the hurricane issues that was taking place at that time. This is the first time that we have done it, and this policy is only to emphasize some of the highlights of this program. Number one, and the most important one to me right now, is that homeowners that receive insurance payment or FEMA (Federal Emergency Management Agency) reimbursement for items covered under the Miami Recovery program will require to pay back the City the portion of the payment that retains [sic] to those items. Number two, we wanted to emphasize that this money comes from the Affordable Housing Trust dollars, so properties -- we could help properties that have an assessed value of $300, 000 per unit. The income of the people also is higher -- this is Affordable Housing Trust money -- to 150 percent of medium income. The maximum amount of assistant [sic] is the same thing as our single family program, $35, 000, and all of these amendments will be retroactive to November 17, 2005, when the program started. Vice Chairman Sanchez: Move, as amended. Commissioner Haskins: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second, as amended. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. City of Miami Page 90 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Seeing none, hearing none, the public hearing is closed; comes back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Gomez -Rodriguez: Thank you. Chairman Gonzalez: Thank you. City of Miami Page 91 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 ORDINANCE - SECOND READING SR.1 06-01202 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 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 FR/SR.pdf 06-01202 E-mail FR/SR.pdf Motion by Commissioner Haskins, 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 12834 Chairman Gonzalez: All right. Let's go to SR.1. I'm trying to clean up the agenda. SR.1. It's a second reading. Commissioner Haskins: So moved. Commissioner Regalado: Second. Chairman Gonzalez: OK. We have a motion and we have a second. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): 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 adopted on second reading, 4/0. City of Miami Page 92 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 ORDINANCES - FIRST READING FR.1 06-01507 ORDINANCE First Reading Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," BY AMENDING ARTICLE I ENTITLED "IN GENERAL," SECTIONS 22-6(1) AND 22-6(J), AND 22-11, ARTICLE 11 ENTITLED "REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION," SECTION 22-50(A) AND ARTICLE III ENTITLED "ENFORCEMENT AND ADMINISTRATION," SECTION 22-93(D); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01507 Legislation SR.pdf 06-01507 Legislation FR.pdf 06-01507 Summary Form FR/SR.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Haskins Direction by Commissioner Spence Jones to the City Manager to identify funds for creating a strategic marketing campaign to address the issue of illegal dumping; further directing the City Manager to consider the County's program and incorporate same for the City ofMiami, wherein individuals are rewarded for reporting illegal dumping. Chairman Gonzalez: (INAUDIBLE) afternoon. FR.1. It's an ordinance. Mario Soldevilla: Good afternoon, Commissioner. Mario Soldevilla, director of Solid Waste. This is an ordinance to amend Chapter 22 of the Code, and it deals -- it has two issues that we need to address. One, it has to do with the commercial solid waste haulers franchise agreement, where in 2004, we did a new franchise agreement, and in that agreement, we changed the per account -- we made various changes, but this one needs to clarify the per account charges. Prior to 2004, each account paid $100. The commercial hauler had to pay the City $100 per account; $50 of which -- $48 of which was transmit -- could be passed on to the consumer, and what we did is that we reduced that from $100 to $50, with $24 being passed on to the consumer. In exchange, instead of charging a 20 percent franchise fee, we charged at 22 percent, and this simply clarifies our intent that that was the intent of the commercial solid waste agreement. Secondly, it deals with Section 22-6(J), and that has to do with illegal dumping and the charges for illegal dumping. We -- the charges have been $500. Here there was an -- there was a step increase in illegal dumping, which is being deleted, and the $500 fee being established, and similarly, there was a reference on 22-6(J) that applied to 22-92, when it really referenced 22-93, and that is also being addressed in this -- as a change in this ordinance. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion. City ofMiami Page 93 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Regalado: Yeah. I'll second for discussion. Chairman Gonzalez: We have a second on discussion. Commissioner Regalado. Mr. Soldevilla: Yes, sir. Commissioner Regalado: Mario, what is illegal dumping? Mr. Soldevilla: What is illegal dumping? Well, illegal dumping is when you do not place your articles on the -- in front of your house on the collection date that you have. Also when -- you know, illegal dumping is when somebody that's outside of the City comes in and puts materials in the City's right-of-way. Commissioner Regalado: That's illegal dumping, mostly when people come from out of nowhere and dump tires and debris, construction material -- Mr. Soldevilla: And -- Commissioner Regalado: -- everything, alleys -- Mr. Soldevilla: Yeah. That's illegal dumping. Commissioner Regalado: -- illegal -- that's the worst case of illegal dumping -- Mr. Soldevilla: Yes. Commissioner Regalado: -- but when you say they don't place the items on the collection date, how much time does the people have to -- suppose that you -- your collection date is on Thursday, so you're supposed to place it on -- Mr. Soldevilla: Wednesday -- Commissioner Regalado: -- Wednesday? Mr. Soldevilla: -- Wednesday night. Commissioner Regalado: Wednesday. How about if they do it on Tuesday? Mr. Soldevilla: No, then that's considered illegal dumping because you must have it the day before your collection date. The idea of that, Commissioner, of course, is to maintain, you know, the City looking -- Commissioner Regalado: I -- I'm all for that, but you see, the problem is that we're fighting the illegal dumping of people who there to put maybe on Tuesday what is supposed to do -- Mr. Soldevilla: Wednesday. Commissioner Regalado: -- on Wednesday, and we are not fighting the illegal dumping, which is the worst case, furnitures, tires, construction material that people dump all over the City. That is what makes the City ugly, so I really don't know. I mean, you cannot have inspectors 24 hours throughout the City in every place of the City, and I understand that, but there's got to be a way, first to educate the people because what I've seen is that you do place some branches, you get a $500 fine, then you have to go before a hearing, and it's so complicated. Mr. Soldevilla: Um -hum. City of Miami Page 94 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Regalado: The -- and I tell you this because of this example. This gentleman called the City and ask him that he had an avocado tree that needed to cut because of the hurricane. It was brought down by the hurricane, and he got somebody -- can he place it outside. Yes, they said, because the answer is yes, but they failed to mention -- they failed to ask him what day -- where you live? What day is the pickup? So he place it, and he's -- he got a $500 fine. Mr. Soldevilla: But was this as a result of the hurricane, did you say? Commissioner Regalado: Yeah. Mr. Soldevilla: Was it during -- right after the hurricane? Commissioner Regalado: No, no. It was last week. The thing is that he didn't -- Mr. Soldevilla: Well -- Commissioner Regalado: -- have the money until now to get someone to cut the free and put it outside. Mr. Soldevilla: OK. Commissioner Regalado: That's a case. It is a very unusual case, but it is a case, and my point is, you know, we're using the same rule to measure everyone, and we need to go after the aggressive dumper, you know, and how do we resolve these kind of cases before putting the people through -- in this case, it's a 90-year-old man who cannot participate in hearings, or doesn't have a lawyer. He doesn't have money, less to pay the fine, so I'm just telling you that it's very difficult to understand that we're applying the same standards to those who have a pickup truck, go to Westchester; somebody give them $50, get rid of this construction material; they dump it in a alley behind Coral Way, which they have done. Mr. Soldevilla: Actually, if you're dumping out of a commercial vehicle, which that would be considered one, then the fine is not 500; it's $1, 000. Commissioner Regalado: Fine by me. It could be 5,000, but how do we get them, you know? That's the point. They do it at night or early morning hours, and I understand, you don't have the personnel, but my point is that we are being aggressive with what is easy to fine, you know, and what is difficult to fight, we're not being aggressive. That is my point. Mr. Soldevilla: OK. Commissioner Spence -Jones: Mr. Chairman -- you got something, Commissioner Haskins? Commissioner Haskins: Well, I had asked in June that, for this budget hearing, you come back with a revised way of charging fees for solid waste private haulers because a lot of the problems that we have, audit after audit, is that there is a -- it's a very intensive effort to try to bill and collect properly, and so when I first saw this on the agenda, I was very happy. I thought, oh, you know, this is the new way of doing the solid waste fees, but that's not what's happening here, and in the budget process, as well, I understand that we're looking for potentially additional people to handle the billing and collection of these fees. Mr. Soldevilla: Um -hum. Commissioner Haskins: I think we need to look at the solid waste fees because we -- solid waste City of Miami Page 95 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 fees and the fines, and all these other things. We have a very -- we have all sorts of line item fees that are very difficult to collect; that are very difficult to monitor; that are very expensive for our residents, and I would really like to see a restructure of these fees. How long are these franchise agreements good for? Are they one-year franchise agreements? Hr. Soldevilla: They are -- this is for a five-year. It's a five-year franchise. Commissioner Haskins: So we went to five-year franchise agreements a couple years ago? Hr. Soldevilla: Well, it always was. The original -- the first one was in 1999, and it carried us through 2004. Commissioner Haskins: And did we reserve the right to change the way we billed? Hr. Soldevilla: Well, and -- no. I can't say that we change -- that we reserved the right, but I mean, we certainly can bring it up, and it would have to be a whole new agreement. Now the reason, Commissioner, that this was done the way that it was done was precisely because we had many problems with the audits that were being performed and how the tracking of these fees were being collected. It was cumbersome, and it was very -- it was difficult to collect, so audit after audit, the problem kept cropping up, so what we did was to try to simplify it, and what -- that's what this does is that it simplifies the procedure while, at the same time, it doesn't -- it didn't sacrifice the revenues that we were receiving from the hauler. Commissioner Haskins: We still charging separately for roll -offs and roll-ons? Hr. Soldevilla: No. The roll -off are also included here. The roll -off had a $50 fee that was good for three months. This takes into consideration any roll -offs that you have in place for -- at the beginning of the year. However, remember, this fee is strictly for the count that you have at the beginning of the fiscal year. In addition to that, the commercial hauler charges a fee for disposal every time they come and they pick up and they dispose of the -- of their solid waste. That amount we charge 22 percent on the -- of their charges, so that is still collected. Commissioner Haskins: Still didn't get a revision of it. Vice Chairman Sanchez: Well, I could tell you that, 1999, I was the one that was in charge of that committee -- Hr. Soldevilla: Yes, sir. Vice Chairman Sanchez: -- and we regulated an industry that had no regulations whatsoever. Hr. Soldevilla: Um -hum. Vice Chairman Sanchez: I mean, the complaints were coming in, and they were picking up whatever time they wanted. Hr. Soldevilla: Right. Vice Chairman Sanchez: The charges, the City wasn't making any money. At the end of the process, I think we generated $6 million for the City, and basically, the industry in itself did fall to some guidelines where we had some control over them. Now -- Hr. Soldevilla: That's right. Vice Chairman Sanchez: -- this is the new five-year -- City of Miami Page 96 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Mr. Soldevilla: Yes. Vice Chairman Sanchez: -- and all this is is just minor tweaks, and it's just basically language cleanup. Mr. Soldevilla: Yes, it is. This was to clarify the intent that was originally established for the collection of the per account charges. Where, indeed, what we did was lower the amount, and instead of being collected -- prorated over the year, it was -- it is to be collected once at the beginning of the fiscal year, and then the franchise fee amount was upped two percent. Vice Chairman Sanchez: No. Commissioner Haskins: And that was done in 2004, and this is -- Mr. Soldevilla: That was done in 2004. Commissioner Haskins: -- fixing it. Mr. Soldevilla: In addition to that, Commissioner, we also -- we did other changes. Initially, the franchise fee also was stabled at $5, 000 for garbage collection or roll -offs, and 1,000 at specialized, and that is also being -- this new contract increased that fee by $500 each year. We also, because of the Commission on which you served and Commissioner Gonzalez serve, and we addressed the issues of the early morning collections, where we did impose a more severe fine for doing that. The first offense was $250; the second offense is $500, and a third offense is $1,000 -- Commissioner Haskins: That was really needed. Mr. Soldevilla: -- and so those are the ways that we're frying to regulate the industry within our boundaries. Vice Chairman Sanchez: All right. Chairman Gonzalez: Commissioner Jones [sic]. Commissioner Spence -Jones: I just was going to further expound just on two things that Commissioner Regalado mentioned, and that was really it. I know we've been talking back and forth. You know I'm a big supporter of your department and providing the necessary support for what you need to do in order to keep our city clean. I do want to really look at this issue of illegal dumping. I've been talking about this since I've been sitting in this seat, and I know that most of this is really geared towards the person that dumps from the standpoint of them -- and there are fines that they pay, but I really -- and I'm going to put it on the record with the City Manager today is that we have to come up with something or some sort of aggressive marketing campaign to address the issue of identifying those folks that dump and utilizing programs, and I think I've been talking to Code Enforcement about this for the -- at least the last four or five months we've been talking about it -- was the County has a pretty successful program that you guys do for illegal dumping, where you pay the person -- whoever -- if you catch someone, there's a reward system, through Crime Stoppers, that the County does, and it's a pretty successful program. I think that we need to look at doing the same things, and I know that we've talked, from a Solid Waste standpoint, of you know, these issues of refrigerators and couches. I mean, they put everything on the side of the streets -- Mr. Soldevilla: That's correct. Commissioner Spence -Jones: -- and I think a lot of it is communication, like Commissioner City of Miami Page 97 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Regalado said; that they don't know when to dump, so I think that there needs to be a solid marketing campaign or something along that line. Even if it's a mailer once a year that you tell them -- just remind people when they can and they can't dump, and make it a real effort to make sure that folks are just not, you know, putting stuff all over the streets 'cause -- I mean, literally, on my block, I can tell you, you know, they're starting to create their own little dump sites, you know, on the block, and it's because people just don't understand. They'll put the trash -- they'll put their items there, waiting four or five days sometimes before the stuffgets dumped, so --I mean, before it gets picked up, so I'm just asking that, really, the City Manager -- maybe even thinking in the midst of the budget, since we're in the middle of it, to look at identifying some dollars to do some sort of marketing campaign to communicate to the public to create some sort of reward system for us to help us catch these people that are just dumping and putting things in different places, so I just think that it's important because we're only dealing with pieces of it, but we're not dealing with the whole problem -- Mr. Soldevilla: Yeah. Commissioner Spence -Jones: -- so I just want to ask that the City Manager maybe look at what the County's doing and what they've been doing for the last six or seven years, to duplicate it in the City. Pedro G. Hernandez (City Manager): Commissioner, ifI may. I think that there are three elements involved here. Commissioner Spence -Jones: Sure. Mr. Hernandez: It's service, education, and enforcement. I think that our service is pretty good. Education, we have to do a much, much better job, and then after education, we have to do enforcement to -- so people remember the educating part of it -- Commissioner Spence -Jones: Yeah, yeah. Mr. Hernandez: -- but it's -- but agree that maybe we have to go out and do some campaigning, you know, getting the right message to the people, bring a message of community pride -- Commissioner Spence -Jones: Yeah. Mr. Hernandez: -- and then do some enforcement -- Commissioner Spence -Jones: Right, and -- Mr. Hernandez: -- to follow it up. Commissioner Spence -Jones: -- that's the only thing that really wanted to add, and we keep talking about it, but it's not happening, so -- Mr. Hernandez: We'll follow it up. Commissioner Spence -Jones: -- that's really it on my end. Chairman Gonzalez: I have to agree that we have one of the best, if not the best, service in this county, and probably in this state, butl also know that we have some faults, and in the case of enforcement, I can tell you, in my district, where are the places where you continuously have illegal dumping, continuously have illegal dumping. Now we have an environmental task force, which is composed, I believe, of police officers, and I don't know if they have any inspectors, but City of Miami Page 98 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 if we do a surveillance on these places with unmarked car, like those people do, I bet you that we'll be catching a lot of these people that are doing illegal dumping because it's always the same places. In my district, for example, in Grapeland, I can tell you that under the expressway on 34th Avenue and in 29th Avenue, it's every week, twice a week, three times a week, you know, so all we have to do is just do some surveillance and you will catch them, you know. In Allapattah, by the railroad tracks on 17th Avenue and in 13th Avenue, and I can tell you, on and on, the different places, and you know the places because we report them to you and you have to go and -- Mr. Soldevilla: Go over there to pick it up. Chairman Gonzalez: -- pick it up -- Mr. Soldevilla: Yeah. Chairman Gonzalez: -- and that is unfair. You know, the people that are doing this dumping, they should be penalized. They should be paying a fine, and I agree with Commissioner Regalado. A thousand? No. They should be fined $5, 000, you know, so it can really hurt, but I have another problem, and the problem is that, let's say that some neighbor of mine decides to dump -- to do illegal dumping in front of my house at night; nobody see him. The inspector goes next morning, goes by and gives me a ticket because the garbage is in front of my house, even though I have nothing to do with it, even though I didn't dump it, but I'm the one that is getting the fine because it's right in front of my property, and I believe that's totally unfair, and that is happening throughout the city. People that take their garbage out on the right day at the right time, and they do their -- you know, they take their solid waste on time, the day of the week that they're supposed to do so, someone else comes in and does illegal dumping in front of their home, and they're being fined. Now there was a time when the inspectors used to wear a pair of gloves and they would go through the garbage and try to find an envelope or something that identify the property where this garbage is coming from, and then they will fine that person, not the person that has the garbage in front of their home. That's totally unfair, and that's something that needs to be corrected. Mr. Soldevilla: And we still do that, Commissioner. Chairman Gonzalez: You still do that? Mr. Soldevilla: We still try to find evidence as to the -- because we need to present evidence in front of the hearing judge other than just that it was in front of the house. Chairman Gonzalez: But in many cases, you don't have evidence because, if you're talking about a mattress and a bed and pieces of -- Mariano Loret de Mola (Director, Code Enforcement): Loret de Mola -- Chairman Gonzalez: -- wood -- Mr. Loret de Mola: -- Code Enforce -- Chairman Gonzalez: -- there is no address. There's nothing that identifies who owns that. What happen in that case? Mr. Loret de Mola: Commissioner, you're right. We're still doing that. We need to identify something. We need to have something to prove who did the illegal dumping because we take it to a special master, and there would be no case unless we can prove it. Yes, there are cases in which we cannot find, and the only alternative is to call Solid Waste for a special pickup. That's City of Miami Page 99 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 the only alternative we have. Chairman Gonzalez: On the education part, I believe that we need to do a more intense education campaign because we build that mini dump right by Solid Waste -- Mr. Soldevilla: Yes. Chairman Gonzalez: -- and I don't know how much is that being used, but you know, there is no reason why anyone in the City ofMiami, any resident of the City ofMiami be dumping illegally when they have a place that they can take whatever they need to dump, and they can do it free. They won't be charged. They have a place there that they -- you know, they can go -- I believe you open seven days a week, right? Mr. Soldevilla: Yes, sir, and actually -- Chairman Gonzalez: Seven days a week. Mr. Soldevilla: -- it is being utilized. We're -- you know, it's up to like 2,000 cubic yards a month, which is -- Vice Chairman Sanchez: Wow. Mr. Soldevilla: -- considerable from zero -- Chairman Gonzalez: Then it has increased -- Mr. Soldevilla: -- so -- Chairman Gonzalez: -- but I believe that we -- still, we need to do a more aggressive campaign letting the people know -- making sure that everybody knows that we have that facility that they can use at no cost to them, and that will probably eliminate some of this illegal dumping. Mr. Soldevilla: Absolutely, and we have done flyers, Commissioner. They -- we've distributed in some, you know, specific cases. I think that what will happen is that we're going to need to do it in -- more aggressively, but we do have the flyers and -- which advertise the mini dump and also address issues, such as when is your collection days and when can you put those -- the articles out. Commissioner Spence -Jones: Yeah, and just adding on the whole (UNINTELLIGIBLE) -- and we do the same thing, the flyer thing through all of our City programs or projects, but -- and we utilize the NET (Neighborhood Enhancement Team), and whoever else, to pass them out, but we have to start getting -- to me, that doesn't mean that the homeowners are getting it, so when I'm saying a marketing campaign -- Miami Gardens just has a aggressive campaign where they have, you know, a major mailer that goes out to all of their residents. Mr. Soldevilla: Yeah. Commissioner Spence -Jones: They have -- Mr. Soldevilla: OK. Commissioner Spence -Jones: -- a serious radio campaign that goes around, keeping your neighborhoods clean, and they've seen a huge, big difference in just getting the message out there, and I'm saying is that, if we're in the midst of budget and we're going through these issues right now, we need a clean -- we know we need a cleaner city. We need to look at ways to better City ofMiami Page 100 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 get that information out. You guys have been doing an outstanding job. I'm not taking anything away from you. Mr. Soldevilla: I know. Commissioner Spence -Jones: I'm just simply saying we need to really focus on a real marketing effort to make sure we get the message out and it gets to the homeowners, and the way we're doing it is every -- you know, if we go out, then we have some flyers and -- but we need to make sure there's an intensified marketing approach to make sure that people know that they can't do certain things. Mr. Soldevilla: Very well. Chairman Gonzalez: All right. It is an ordinance. Madam -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: -- City Attorney. Commissioner Regalado: -- just one -- Chairman Gonzalez: Pardon me? Commissioner Regalado: IfI may, just -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: I was open today's mail, and I found a letter of the person that has the power of attorney of the gentleman that was cited for the avocado free and the property on 620 Southwest 60th Avenue. I can give it to you, but this letter is important and it's interesting for you because this gentleman, he follow the rules. He was told that the only requirement was the limbs have to be no more than three feet -- Mr. Soldevilla: Three feet. Commissioner Regalado: -- long and weigh no more than 50 pounds -- Mr. Soldevilla: Fifty pounds, right. Commissioner Regalado: -- and he did comply with -- and then this gentleman -- the problem -- and I made a mistake. I said 90 years old; he's 89 years old, but the problem is that this gentleman has a heart condition and has a caregiver and cannot attend the hearing, so it's either this person, if he has to go to a hearing, needs to get a power of attorney -- Mr. Soldevilla: Right. Commissioner Regalado: -- or his daughter, who lives in Virginia, and so, ifI may, I can give it to you because I think you should read it. The guy followed the rules up to the minute, and something wrong happened, and that is -- and that was my point, in terms of being aggressive here and not there, and by the way, I agree with the Chairman. I know, I can tell you the places that people dump illegal trash, and you know, I know the alleys, specific, the alleys and places that people do dump, and if we make surveillance, we can get them. Thank you. Chairman Gonzalez: All right. Madam City Attorney, it's an ordinance. Read the ordinance. City of Miami Page 101 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Before the roll call, I wanted to make sure. I received a substitute ordinance. Did he state that on the record? Mr. Soldevilla: Oh, I'm sorry. Yes, there is a substitute ordinance, and the specific -- Vice Chairman Sanchez: Who made the motion, Madam Clerk? Was it me? Ms. Thompson: You did, sir. Vice Chairman Sanchez: All right. So move, as amended. Chairman Gonzalez: Does the --? Mario J. Chiaro (Assistant City Attorney): The substitution was distributed to each member of the City Commission. Ms. Thompson: Thank you. Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance is passed on first reading, 4/1. Mr. Soldevilla: Thank you. FR.2 06-01459 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE V/SECTION 2-612, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST/TRANSACTING BUSINESS WITH CITY; APPEARANCES BEFORE CITY BOARDS, ETC.," TO RESTRICT CITY EMPLOYEES, FOR A PERIOD OF TWO YEARS AFTER SAID EMPLOYEE HAS LEFT CITY SERVICE OR TERMINATED CITY EMPLOYMENT, WHO PARTICIPATE IN THE AWARD OF CONTRACTS PURSUANT TO THE PROCUREMENT ORDINANCE FROM RECEIVING COMPENSATION OR EMPLOYMENT City of Miami Page 102 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 FROM THE EMPLOYEE'S PARTICIPATION IN THE AWARD OF THE CONTRACT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01459 Legislation SR.pdf 06-01459 Legislation FR.pdf 06-01459 Cover Memo FR/SR .pdf Motion by Commissioner Sanchez, seconded by Commissioner Haskins, 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. FR.2. Vice Chairman Sanchez: Madam Attorney, could you read ordinance FR.2 on first reading on -- for the record? Maria J. Chiaro (Assistant City Attorney): Yes, and the ordinance that was disfributed is a substitute ordinance. The substitution that was disfributed includes a threshold amount, which was not included in the pack -- the resolution that was in -- the ordinance that was in the Commission packet, and further, the City Commission, prior to enacting this ordinance on second reading, needs to determine an effective date of the ordinance for it to take place. The effect -- the ordinance becomes effective when you pass it, but in order for it to apply, you need to determine a date. Vice Chairman Sanchez: All right, but could you read the ordinance into -- Ms. Chiaro: Yes. Vice Chairman Sanchez: -- the record? The Ordinance was read by title into the public record by the Assistant City Attorney Mario J. Chiaro. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: IfI may. All of those -- all of us who have been here have heard the criticism and -- of the public and the outcry of some of the contracts that have been awarded in the past, and we have defended that process for the sake of expediting the projects that are for the bond issuance that were put out, and we have an obligation to accomplish those projects, but this ordinance is being presented to you, I consider it to be best practice, and I certainly believe that it is a safeguard to avoid favoritism and anyone who may have malice intent, and this ordinance, all it does -- it's very simple. As we provide safeguards to assure that when awards are awarded out, anyone who has sat on a committee that gives favorable recommendation to that project or a City director, that individual, which is the same guidelines that the federal government employees -- is that that individual shall not go work for that individual who was awarded that contract for two years. It is something that I believe it's in the best interest of this legislative body to approve, and once again, it just adds accountability and transparency to a process that we have to defend, and that is the procurement process that we have here at the City. Ms. Chiaro: IfI could just make an additional clarifying statement. The language in the ordinance defies -- defines the term of the recommending employee, and it is the employee or any City of Miami Page 103 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 other person who makes the recommendation to the City Commission for the procurement of a contract, so it defines that individual, regardless of what the title of the individual is. Vice Chairman Sanchez: And the date that you have stated, I would like to proffer into the ordinance on first reading, which will be 30 days after passage. There is a motion to approve this ordinance. Commissioner Haskins: So move -- second. Did you move it? Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Roll call, Madam City Clerk. 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 104 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 RESOLUTIONS RE.1 06-01458 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING AND APPROPRIATING FUNDS RECEIVED Improvement FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES Programs/Transpor GENERAL OBLIGATION BOND, IN THE TOTAL AMOUNT OF $13,786,000, tation FOR THE GRAPELAND HEIGHTS PARK AND LITTLE HAITI PARK CAPITAL PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESPECTIVE PROJECT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, FOR SAID PURPOSES; AMENDING THE CAPITAL IMPROVEMENTS PROJECTS APPROPRIATIONS RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, AS AMENDED, TO REFLECT THE ADDITION OF SAID FUNDS. 06-01458 Legislation .pdf 06-01458 Exhibit.pdf 06-01458 Exhibit 2 .pdf 06-01458 Exhibit 3 .pdf 06-01458 Exhibit 4 .pdf 06-01458 Exhibit 5 .pdf 06-01458 Exhibit 6 .pdf 06-01458 Exhibit 7 .pdf 06-01458 Exhibit 8 .pdf 06-01458 Exhibit 9 .pdf 06-01458 Exhibit 10 .pdf 06-01458 Exhibit 11.pdf 06-01458 Exhibit 12.pdf 06-01458 Exhibit 13.pdf 06-01458 Exhibit 14.pdf 06-01458 Exhibit 15.pdf 06-01458 Exhibit 16.pdf 06-01458 Exhibit 17.pdf 06-01458 Exhibit 18.pdf 06-01458 Exhibit 19.pdf 06-01458 Exhibit 20.pdf 06-01458 Exhibit 21.pdf 06-01458 Exhibit 22.pdf 06-01458 Exhibit 23.pdf 06-01458 Exhibit 24.pdf 06-01458 Summary Form.pdf 06-01458 Master Report .pdf 06-01458 Pre -Legislation .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-06-0530 Chairman Gonzalez: All right. Resolutions. Let's go to RE.1. City of Miami Page 105 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. RE.1 is a request to approve the fund -- first round of funding from the Miami -Dade County General Obligation Bond. The first round of funding includes Grape -- funding for Grapeland Heights Park and the Little Haiti Park. Vice Chairman Sanchez: So move, Mr. Chair. 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: Those opposed have the same right. Motion carries. RE.2 06-01573 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 APPROPRIATING NEW FUNDING. 06-01573 Legislation.pdf 06-01573 Exhibit .pdf 06-01573 Summary Form.pdf 06-01573 Pre-Legislation.pdf 06-01573 Pre -Legislation 2 .pdf WITHDRAWN RE.3 06-01520 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH Programs/Transpor MACTEC ENGINEERING AND CONSULTING, INC.; ARDAMAN AND tation ASSOCIATES, INC.; AND PROFESSIONAL SERVICES INDUSTRIES, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-077, TO PROVIDE GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING SERVICES CITYWIDE, ON A ROTATING BASIS, AS NEEDED, IN AN AMOUNT NOT TO EXCEED $500,000, PER FIRM, FOR A TOTAL AMOUNT NOT TO EXCEED $1,500,000, COLLECTIVELY; ALLOCATING FUNDS FROM VARIOUS FUNDING SOURCES INCLUDING CAPITAL IMPROVEMENT PROJECT FUNDS AND OTHER FUNDS AS MAY BECOME AVAILABLE. City of Miami Page 106 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 06-01520 Legislation .pdf 06-01520 Exhibit .pdf 06-01520 Exhibit 2 .pdf 06-01520 Exhibit 3 .pdf 06-01520 Exhibit 4 .pdf 06-01520 Exhibit 5 .pdf 06-01520 Exhibit 6 .pdf 06-01520 Exhibit 7 .pdf 06-01520 Exhibit 8 .pdf 06-01520 Summary Form.pdf 06-01520 Pre -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-06-0531 Chairman Gonzalez: RE.2. Priscilla A. Thompson (City Clerk): Actually, it's RE.3. Gary Fabrikant (Assistant Director, Capital Improvements): RE. 2 was -- Ms. Thompson: I thinkRE.2 was withdrawn. Chairman Gonzalez: I'm sorry. RE.3. You're correct. Mr. Fabrikant: RE.3 is a request to award to three firms, provide geotechnical consfruction testing, in the amount of $500, 000 per firm, for a total of 1.5 million for all three firms. The City Commission previously approved, in July, the evaluation committee's ranking of these firms. Vice Chairman Sanchez: Which one is this one, 2? Commissioner Spence -Jones: RE.3. Vice Chairman Sanchez: RE.3. All right. I'm prepared to make a motion. IfI don't get a second -- I mean, this is just the first phase of working towards the streetcar. Mr. Fabrikant: Right. This contract will be used for geotechnical testing and consfruction materials testing for all ongoing cap -- and future capital projects. Commissioner Spence -Jones: Just -- so it's not just for one particular thing. It's for -- Vice Chairman Sanchez: No, no, and let me just state for the record. We had -- I called a meeting on this because I was very concerned of just -- once again, I mean, we've become the city of millions, and we came up with the figure of three millions, and the only concern that I wanted to do was to make sure that we somehow put a cap on it, so we award the money as the service is needed, and therefore, with this safeguard, that we went from $3 million to 1.5, I am comfortable with it. Mr. Fabrikant: And Commissioner, you're also -- you are correct. Each request for testing will be done on an individual work order basis, and they will only be paid for work that is performed. Commissioner Spence -Jones: I just got -- and I -- I'm going to -- you're going to do a motion? I City of Miami Page 107 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 just have -- Vice Chairman Sanchez: Well, I -- Commissioner Spence -Jones: -- just need to put something on the record. Vice Chairman Sanchez: -- think -- yeah, I made the motion, but think you need to emphasize on what the testing will be, you know, all the testing that's going to be done. You're talking about 14 miles. I mean, you need to elaborate a little bit on that. Mr. Fabrikant: All right. The testing could include for asphalt, for concrete, for steel, for equipment to make sure it's properly -- let's say we have special coatings that are required; that those coatings are actually included on the materials. Chairman Gonzalez: This is related to the streetcar, right? Vice Chairman Sanchez: No, citywide. Commissioner Spence -Jones: No, citywide event. Vice Chairman Sanchez: Citywide. Commissioner Spence -Jones: I mean, citywide. My mind's on -- citywide projects. I just want to add, and Gary, and Mr. Manager, and Mary -- and I, you know, say it all the time, and I'm starting to feel like a broken record in it, but you know, this particular item and there's another item we talked about, you know. Five people put in bids, you know, and I understand that there's specialty things that, you know, there's only certain people, you know, have the talents or abilities to do in this town, butt really want to see y'all really make a real concerted effort to make sure that we have minority participation on some -- I just -- it's hard for me to believe you get 14 people in, you know, to put bids in and not one of them -- there's not one African American, woman -based -- women -based firm that could have applied. I just -- it's just so hard for me to believe that -- Pedro G. Hernandez (City Manager): Commissioner, in this -- Commissioner Spence -Jones: -- and I know that they have to be in this town. I just know they have to be, and I'm just going to -- you know, I'm supporting it. I'm going to second it right now, but I just -- and I've been sitting on this dais for eight and nine months, and I keep getting the same answers, and yes, you are making some headways from the standpoint of making sure that we get subcontractors involved in the projects, and that's great, but we don't always have to be sub -- we don't always have to be subs, you know, and women have the ability to do just as well as other folks too. I would like to see a real, you know, effort to at least try to attract, you know, engineers, architects. I mean, it's the same old names we keep seeing over and over again, so I'm just -- I'm going to -- I've already second it, but I'm saying it again, for the third or fourth time, I would really like to see a real effort go out, you know -- and I don't want to keep hearing, you know, they're not -- they don't exist because they have to exist, and that's it. Chairman Gonzalez: All right. Commissioner -- Commissioner Regalado: Just -- Vice Chairman Sanchez: Roll call. Chairman Gonzalez: -- Regalado. City of Miami Page 108 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Regalado: -- to make it easier -- Vice Chairman Sanchez: Roll call. Commissioner Regalado: -- can you mention some of the other potential places throughout the City that this could be used? Vice Chairman Sanchez: Citywide. Mr. Fabrikant: Well, this will be used in all the street projects, the road projects that are ongoing. It's going to be used for the renovation of the Orange Bowl, all the major park projects, all the small park projects. Commissioner Regalado: So it's not only for the streetcar? Vice Chairman Sanchez: No. Mr. Hernandez: No, Com -- ifI may. Commissioner, this is basically for any kind of -- Commissioner Regalado: No, no. OK Mr. Hernandez: -- project that the City's conducting; from drainage to asphalt to parking lots, parks. Commissioner Regalado: OK. Chairman Gonzalez: Roll call, Madam -- Jorge L. Fernandez (City Attorney): Yeah. Chairman Gonzalez: -- City Clerk Mr. Fernandez: Mr. Chairman, before the roll is called, Commissioner Sanchez amendments is what you're voting on also, right, included the reduction? Mr. Hernandez: Yes. Vice Chairman Sanchez: Well, yes. Mr. Fernandez: OK. Chairman Gonzalez: It's $1.5 million, the way I see it. Vice Chairman Sanchez: It was 3 million. Mr. Fernandez: Three million. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: I just want to start putting -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- cap on things because we -- City of Miami Page 109 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Mr. Fernandez: Because -- right. Chairman Gonzalez: We need to because -- Vice Chairman Sanchez: -- hold a fiduciary responsibility, OK? Once things go wrong, they don't go looking at who works for CIP (Capital Improvements Program). They start calling the Commissioners' office. Then I have to deal with the media, and then I'm the one that has to speak to the voters, so that's why I am now in favor of, just about everything that we can, we should put a cap, and if they need more money, then they could come back to this Commission, and if they have a valid argument and a good reason, there isn't any reason why this Commission shouldn't approve it. Mr. Fernandez: Yeah, so Madam Clerk, there has been a modified item distributed to Commissioners. Ms. Thompson: And I just wanted to make sure. This is the one that I have dated -- received in my office on September 8; is that the substitution? Mr. Fernandez: Well, the substi -- the amounts -- yes. OK, yes. Ms. Thompson: Thank you, and I have the mover as Sanchez and the seconder as Spence Jones. Chairman Gonzalez: Spence -Jones. Vice Chairman Sanchez: As amended for the record, Madam Clerk. Chairman Gonzalez: And do we have to have three companies? Do we have so much of that kind of test that we have to do in the City that we need to have three companies at $500, 000 each? Mr. Hernandez: Mr. Commi -- Mr. Chairman, I think it's wise to have more than one -- Chairman Gonzalez: Because let -- to be honest with you, you know, we're talking about roads and drainage and parks and we talking like we are rebuilding this City, and I don't see the projects. Where are they? Mr. Hernandez: Well, if -- Chairman Gonzalez: How many roads are we building? How many sidewalks are we building? How many parking are we building? Because most of the park are idle, and they've been idle for I don't know how long, so -- Mr. Hernandez: Mr. Chairman, the good thing here is that this is on a standby basis and on a as -needed basis. If we have no construction, there is no cost. We don't spend a penny. These contracts are to be used and to be charged against specific projects whenever we do work, either densities for lime rock base or for concrete testing or for asphalt, depending on what we use, and we only pay for the work that we require. You actually issue a work order when you have a project that requires the testing. Other than that, there is no expense, so it could go -- you could be a year and not spend a penny. Chairman Gonzalez: OK, great. Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 110 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Thompson: The resolution has been adopted, 5/0. RE.4 06-01550 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor "DESIGN/BUILD AGREEMENT" DATED JUNE 13, 2005, WITH tation RECREATIONAL DESIGN AND CONSTRUCTION, INC. ("RDC"), FOR THE PROVISION OF DESIGN/BUILD SERVICES FOR PHASE I OF GRAPELAND HEIGHTS PARK, TO AUTHORIZE THE CONSTRUCTION WORK FOR PHASE II, INVOLVING THE AQUATIC FACILITIES, AS CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $18,304,082, PLUS AN ADDITIONAL $500,000 OWNER CONTINGENCY, FOR A TOTAL AUTHORIZED SUM OF $18,804,082; FURTHER EXTENDING THE TIME FOR COMPLETION OF PHASE I SERVICES TO RUN CONCURRENTLY WITH PHASE II SERVICES; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $18,804,082, FROM PROJECT B-35828. 06-01550 Legislation .pdf 06-01550 Exhibit .pdf 06-01550 Exhibit 2 .pdf 06-01550 Exhibit 3 .pdf 06-01550 Exhibit 4 .pdf 06-01550 Summary Form.pdf 06-01550 Pre -Legislation .pdf 06-01550 Master Report.pdf 06-01550 Revised Agenda Package.pdf WITHDRAWN RE.5 06-01554 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, tation 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "JOSE MARTI GYMNASIUM PROJECT NO. B-35857," TO AUTHORIZE THE CONSTRUCTION WORK FOR STAGE 2 OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $6,380,000, INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $4,060,000, TO AN AMOUNT NOT TO EXCEED $10,440,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $4,333,300, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-35857, AND $2,046,700 FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-35857 CONSISTING OF VARIOUS FUNDING SOURCES. 06-01554 Legislation.pdf 06-01554 Exhibit.pdf 06-01554 Summary Form.pdf 06-01554 Pre-Legislation.pdf City of Miami Page 111 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 WITHDRAWN RE.6 06-01556 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, tation 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "LITTLE HAITI PARK CULTURAL CENTER, PROJECT NO. B-30295", TO AUTHORIZE THE CONSTRUCTION WORK FOR STAGE II OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $8,900,000, THEREBY INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $5,060,000 TO AN AMOUNT NOT TO EXCEED $13,960,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $5,693,319, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-30295, AN AMOUNT NOT TO EXCEED $1,183,681, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30295, AND THE REMAINING BALANCE OF $2,023,000, FROM PROJECT B-30295. 06-01556 Legislation.pdf 06-01556 Exhibit.pdf 06-01556 Summary Form.pdf 06-01556 Pre-Legislation.pdf 06-01556 Revised Agenda Package.pdf WITHDRAWN RE.7 06-01557 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, WITH Programs/Transpor GANNETT FLEMING INC., FOR TRANSPORTATION AND TRANSIT tation 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 AND OTHER FUNDING SOURCES AS MAY BECOME AVAILABLE. 06-01557 Legislation .pdf 06-01557 Exhibit .pdf 06-01557 Exhibit 2 .pdf 06-01557 Summary Form .pdf 06-01557 Memo .pdf 06-01557 Summary of Expenditures .pdf 06-01557 Pending Work Order .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Haskins, Regalado and Spence -Jones Noes: 2 - Commissioner Gonzalez and Sanchez City of Miami Page 112 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 R-06-0532 Chairman Gonzalez: RE.7. Gary Fabrikant (Assistant Director, Capital Improvements): RE.7 is a request to increase the agreement with Gannett Fleming for additional service, in the amount of $200, 000. Gannett Fleming is currently working on the -- Vice Chairman Sanchez: RE.7. Mr. Fabrikant: -- Civic Center Implementation Plan and on fransportation elements for Miami 21. This additional service request will allow them to complete the work they are performing under those elements for the Civic Center and the transportation plan for Miami 21. Chairman Gonzalez: All right. Do I hear a motion? Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Do I hear a second? Vice Chairman Sanchez: Second. Discussion. Chairman Gonzalez: And we have a second. Roll call again, please. Commissioner Haskins: I'd like to -- Chairman Gonzalez: Oh, you want to -- discussion, Commissioner Haskins. Commissioner Haskins: OK. This is one of those contracts that started out at 2 million. It went to two million three; it went to two million five. These folks are primarily doing work on the transpor -- on the streetcar, right? So at what point does this get rebid, or does it never get rebid and we just increase it by 2 or 300,000 at a time? Mary Conway (Chief of Operations): No. You may recall that, two years ago, the City went through an RFQ (Request for Qualifications) process to select ten firms to design transportation and transit projects. That was under state statute following the Consultants' Competitive Negotiation Act, where the firms are selected based on qualifications. Those ten firms, based on their staffing, their ability, their performance have been assigned different projects throughout the City. In the case of this particular firm, because they were assigned the Civic Center project associated with the circulator and the Miami 21 project associated with the fransportation element, in support of DPZ's (Duany Plater-Zyberk's) efforts, prior to being assigned the streetcar project, the streetcar project consumed a large dollar amount, close to $1.8 million of the initial $2 million contract value. The reason that the Administration has come back is solely so that this company can complete the work that was started previously for Miami 21 and for the circulator services in the health district. What we intend to do, early part of next year, is to put out a new solicitation for -- to give new engineering firms an opportunity to provide design services for fransportation and transit projects going forward that'll be funded through the upcoming streets bond, so we have given opportunities to the firms that we brought on for this, as well as firms that we brought on for construction inspection services, and we anticipate periodically, whether that's every year or every two years, of putting out new advertisements to give new firms the opportunity to also compete. Commissioner Haskins: That's the fair thing to do, rather than continue to increase these. I mean, that is the fair thing to do with these firms. It just seems like every Commission meeting we have another item where we're increasing this contract and increasing that contract, rather City of Miami Page 113 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 than taking the option to bid again -- Ms. Conway: And the -- Commissioner Haskins: -- whether it's an RFQ or an RFP (Request for Proposals), and -- Ms. Conway: On the RFQ projects -- Commissioner, ifI may -- where we're talking about architect or engineer professional services, the only items that we've been bringing back before the Commission are ones where a company has started a project previously with the City and we need them to finish that assignment. If we have new assignments, we have the ability to assign them to other firms. Commissioner Haskins: And that's -- that goes into the other part of the problem, and that is cost overruns, but we won't get -- I mean, that goes into cost overruns, both on the design side and on the construction side -- Ms. Conway: Not -- Commissioner Haskins: -- so -- Ms. Conway: -- necessarily. Not necessarily. It goes into the scope of the assignment being expanded or changed. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Any -- Vice Chairman Sanchez: My concerns have been answered. Chairman Gonzalez: -- further discussion? Commissioner Regalado: So they are studying a circulator for the Civic Center? Ms. Conway: Yes. The City has been working with University ofMiami and the other stakeholders in the health district for the last two years plus on providing a circulator service, and we've also been coordinating with Miami -Dade Transit. Chairman Gonzalez: When you -- I'm sorry for interrupting, but when you say the Civic Center, you're talking about the hospitals? Ms. Conway: The health -- Commissioner Spence -Jones: Yeah. Ms. Conway: -- district, yes. Chairman Gonzalez: You're not talking about the Civic Center because the entire Civic Center encompasses VA (Veterans Administration) Hospital, Cedars (UNINTELLIGIBLE) Hospital, the courthouse, the jail, the State -- Commissioner Regalado: The jail, the State -- Chairman Gonzalez:--Attorney's Office -- Commissioner Regalado: --Attorney. City ofMiami Page 114 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: -- so you're talking about 10th Avenue, University ofMiami, 7th Avenue -- Ms. Conway: No, no. We're talking about that entire limit, and there is -- I could forward a graphic. I apologize. I don't have it here today, but there is an outer loop that goes around the entire perimeter of the Civic Center District that serves all of the different facilities, and then there is an inner circulator, so it's to serve that entire complex and that entire area. Chairman Gonzalez: All right. Commissioner Regalado: But my question was, the circulator for the Civic Center, who decides where the circulator serves? And the reason is because my understanding is that the -- in Coral Gables, for instance, the trolley, it can circulate and it's free, if there is no Miami -Dade Transit buses, which people have to pay for, but the circulators belongs to Miami -Dade County, so who makes the decision, Miami -Dade Transit Authority or we, in the City? Ms. Conway: All of it's done in very close coordination with Miami -Dade Transit. Now the initial input on the actual circulator route, the desired stop locations, have been done in close coordination Miami -Dade Transit, the City, along with a committee and a working group that has representation from all of the stakeholders that are in that area. At the end of the day, Miami -Dade Transit will be giving final approval for what the ultimate route will be and then what modifications may need to be made to the existing transit service so that there's not a duplication of effort or an overlap, so at this point, the initial alignment or the initial route has been laid out. What we anticipate to do moving forward is to get into more detail with exactly what the cost would be, the capital cost to set it up, what funding mechanisms there are, how it would be structured, is it going to be a public private venture, and move toward the next steps so that we can see if it's viable for us to implement this. There's definitely a need in the area. Commissioner Regalado: Well, if they make all the decisions, why do we have to pay for the study? Ms. Conway: We're trying to advance the initiative and do it in partnership. They are -- the County is committing some dollars toward this. I think they have at least $150, 000 that are contributed toward the circulator study, and we're providing additional funds. Commissioner Regalado: No, but the point is that they will make the final decision. They will decide the route because transportation is a County issue, but my point is, you know, we know what we want to serve, but they can come afterwards and say, you know, we feel that this is not the right route, and we are going to do another route. That's my point. Ms. Conway: You're definitely correct, but that hasn't been our experience. They work very collaboratively with us, as well as with other municipalities in jointly determining what the route should be for these various services. Commissioner Regalado: OK Chairman Gonzalez: All right. Roll call, Madam City Clerk. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Haskins? Commissioner Haskins: Yes. City ofMiami Page 115 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Burns: And Chairman Gonzalez? Chairman Gonzalez: No. Ms. Burns: OK. The reso. (resolution) -- it passed on a 3/2. Thank you. RE.8 06-01425 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor DESIGN -BUILD AGREEMENT ("AGREEMENT"), WITH RECREATIONAL tation DESIGN AND CONSTRUCTION, INC. ("RDC"), DATED JUNE 9, 2005, FOR THE PROJECT ENTITLED "LITTLE HAITI SOCCER PARK AND RECREATIONAL CENTER FACILITIES, B-38500," IN ORDER TO COMPLETE ONGOING CONSTRUCTION RELATED SERVICES NECESSITATED BY UNFORESEEN CONDITIONS AND OWNER REQUESTED CHANGES, INCREASING THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $2,303,002 FROM $5,725,942 TO AN AMOUNT NOT TO EXCEED $8,028,944; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $1,726,341, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-38500, AND THE REMAINING BALANCE OF AN AMOUNT NOT TO EXCEED $576,000, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-38500. 06-01425 Legislation .pdf 06-01425 Exhibit SUB.pdf 06-01425 Summary Form .pdf 06-01425 Pre -Legislation .pdf 06-01425 Master Report .pdf 06-01425 Master Report 2 .pdf WITHDRAWN RE.9 06-01488 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvement SERVICES CONTRACT FOR MISCELLANEOUS STORM WATER Programs/Transpor SEWER/ROAD IMPROVEMENT/DREDGING SERVICES, DATED OCTOBER tation 26, 2004, WITH CAMP DRESSER & MCKEE, INC., FOR THE CONTINUATION OF WORK AND THE RELATED INCREASE IN FEES; INCREASING THE CONTRACT BY AN AMOUNT NOT TO EXCEED $100,000, FROM $500,000 TO $600,000; ALLOCATING FUNDS FOR SAID INCREASE, FROM PROJECT B-50705, CONSISTING OF VARIOUS FUNDING SOURCES INCLUDING CAPITAL FUNDS AND OTHER SOURCES AS MAY BECOME AVAILABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE City ofMiami Page 116 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01488 Legislation.pdf 06-01488 Exhibit.pdf 06-01488 Exhibit 2 .pdf 06-01488 Exhibit 3 .pdf 06-01488 Exhibit 4 .pdf 06-01488 Summary Form.pdf 06-01488 Map.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to defer item RE.9 to the Commission meeting currently scheduled for September 28, 2006. Chairman Gonzalez: All right. RE.9. Mary Conway (Chief of Operations): RE.9 is a similar item. It's a resolution to approve amendment number one to the professional services agreement, or PSA, for Camp Dresser & McKee. Camp Dresser & McKee is one of five firms that were selected by the City two years ago to provide design services for flood mitigation or drainage projects. They have already completed the initial hydrologic and hydraulic assessment for the Kinloch storm sewer project. This is requesting a contract increase in an amount of 100, 000, increasing the prior 500,000 cap to 600, so they can complete the plans for the Kinloch storm sewer project, the construction of which will be funded with the second series of the Homeland Defense bond. Chairman Gonzalez: All right. I have a question. Commissioner Regalado and I share the Kinloch area, and ifyou remember, we had a -- when we had a meeting, I told you that I had concerns if this storm sewer improvement was referring to the Kinloch area, and you didn't know exactly where it was. Do you have an idea today of where is this improvement being done? Ms. Conway: Commissioner, I have to -- I've got to pull the map. I have it in the computer. I apologize. Chairman Gonzalez: All right. Then - well - Commissioner Haskins: Can we defer it? Chairman Gonzalez: -- I don't know if it's proper, butt will -- you know, I'm willing to hear discussion among my colleagues, but I'm going to defer this item. Commissioner Regalado: No. Absolutely. I -- because, you know, there is a problem. You know, we are, the Chairman and I, lucky to share a very nice neighborhood, and we are lucky to share 4th Terrace, but 4th Terrace, in his side or in my side, it's always -- Vice Chairman Sanchez: What item is this? Commissioner Regalado: --flooded -- Vice Chairman Sanchez: 8? Commissioner Regalado: -- and -- Commissioner Spence -Jones: 9. City of Miami Page 117 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Conway: 9. Commissioner Regalado: -- Northwest 4th Terrace. Vice Chairman Sanchez: 9? Commissioner Regalado: We were told that with the pump in Antonio Maceo Park that area will be much better and the rest of the area, but it's very difficult to approve or to make believe the people that we're going to solve those critical areas if we don't know where this thing is, and you know, we're doing the pumps on 62nd. I don't believe it would serve the area because Kinloch is from Le Jeune to 57th, 47th -- I think, 52, even; 7th to Flagler. It's a huge quadrant, and that area has very different problems in terms of flooding, so it's very difficult to understand. I would second -- I would defer the item for the Chairman. Chairman Gonzalez: Why don't you make the motion to defer? Commissioner Regalado: I move to defer. We'll bring it in the next Commission meeting -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- in terms of you know -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- we really need information because we do need to report back to the residents, and we can't just say, hey, we just approved something that is going to help you, and then the next thing you know, their homes are flooded again, you know. 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. Priscilla A. Thompson (City Clerk): Would that be the next meeting -- the regular meeting or the next --? Commissioner Regalado: Whenever they're ready to -- Chairman Gonzalez: Whenever they're ready with the information that we need. Ms. Conway: The next meeting. RE.10 06-01434 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE CONTRACT BETWEEN THE CITY OF MIAMI AND ENVIROWASTE SERVICES GROUP, INC., PURSUANT TO RESOLUTION NO. 05-0145, ADOPTED JULY 28, 2005, FURTHER AMENDED BY RESOLUTION NO. 06-0207, ADOPTED APRIL 6, 2006, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -NORTH ZONE, B-50711," IN AN AMOUNT NOT TO EXCEED $694,600.92, INCREASING THE SECOND YEAR CONTRACT City of Miami Page 118 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 AMOUNT FROM $333,614.37 TO $1,028,215.29; ALLOCATING FUNDS FROM FEMA ACCOUNT NO. 800007.311508.6.340 FOR HURRICANE WILMA, FOR SAID INCREASE; AMENDING RESOLUTION NO. 060-207, TO REFLECT SAID INCREASE. 06-01434 Legislation .pdf 06-01434 Exhibit .pdf 06-01434 Summary Form .pdf 06-01434 Master Report .pdf 06-01434 Letter .pdf 06-01434 Amendment to Contract .pdf 06-01434 Fax .pdf 06-01434 Certificate Of Liability Insurance .pdf 06-01434 Disclaimer .pdf 06-01434 Owners And Contracts .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-06-0533 Chairman Gonzalez: RE.10, another increase in contract. Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.10 is a resolution increasing the contract amount to EnviroWaste Services for the citywide storm sewer inlet cleaning project, from $333, 000 to a little over $1 million. This is related to the FEMA (Federal Emergency Management Agency) grant that we received. If you recall, the first half was authorized in the last meeting of July, and this is the second half that's coming up now. Vice Chairman Sanchez: And this is a reimbursement from FEA/IA? Ms. Grindell: Yes, it is. Vice Chairman Sanchez: From Wilma? Ms. Grindell: I'm sorry? Vice Chairman Sanchez: From Hurricane Wilma? Ms. Grindell: Yes, from Hurricane Wilma. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Regalado: I second, butt have a question. OK. This is a grant from FEMA, but the cleaning of the storm sewers is an ongoing yearly process. Ms. Grindell: Yes, it is. Commissioner Regalado: Are we increasing the contract just because we got the grant or are we increasing the contract because we need this amount every year? Ms. Grindell: The -- this is the amount that we were able to justify to FEMA that we were -- City of Miami Page 119 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 where we suffered damage related directly from Wilma, so this is a one-time cleaning, and in addition, we'll have the normal routine. Commissioner Regalado: Which is a separate contract. Ms. Grindell: It's the same confract. What we did was we added this to the original confract that we -- Commissioner Regalado: Oh. Ms. Grindell: -- have, our current maintenance contract, in order to expedite the process. Commissioner Regalado: Well, how about the broken storm sewer, is that covered? Ms. Grindell: That's a different contract, and that should be coming up to Commission shortly. Commissioner Regalado: Huh? Ms. Grindell: That's a different contract. The broken items is a different contract. It's out on advertising right now. Commissioner Regalado: But if it's broken, how are you going to clean it? Ms. Grindell: Oh, if it's broken, we won't clean it. We have to -- Commissioner Regalado: Oh. Ms. Grindell: -- wait until we can fix it, and then we clean it. Commissioner Regalado: OK, because there're many broken, you know. OK Pedro G. Hernandez (City Manager): Commissioner, ifI may. We have two contracts in the City to do storm drain cleaning. On July 27, we amended one of the confracts to take care of the part of the FEMA funded area from Wilma. This is the second confract that we're now expanding to take care of the other FEMA funded improvements. The confracts themselves were originally -- had originally a certain amount of money to do citywide cleaning. FEMA is the one that is creating this large infusion of dollars to both confracts. Commissioner Regalado: OK. Chairman Gonzalez: All right. We had a motion and we had a second, right? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.11 06-01424 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), APPROVING THE ENTRY OF A CONSENT JUDGMENT IN THE AMOUNT OF TWO MILLION SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,625,000) IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF ALDO AND MARIA SELVA, INDIVIDUALLY AND AS THE NATURAL PARENTS OF KATHERINE SELVA, A City of Miami Page 120 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 MINOR V. CITY OF MIAMI, CASE NO. 01-19376 CA (23), UPON EXECUTING A GENERAL RELEASE, SUBJECT TO SUBSEQUENT RELIEF, FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; AUTHORIZING THE DIRECTOR OF FINANCE TO PAY, MARIA ALCOBER, AS TRUSTEE FOR KATHERINE SELVA, SPECIAL NEEDS IRREVOCABLE TRUST, WITHOUT ADMISSION OF LIABILITY, THE SUM OF TWO MILLION SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,625,000) AS DELINEATED IN THE PETITION AND ORDER FOR APPROVAL OF SETTLEMENT, SUBJECT TO THE ENACTMENT OF A CLAIM BILL AND SUBJECT TO PAYMENT OF REIMBURSEMENT TO MEDICAID, AND AGREEING TO SUPPORT THE PASSAGE OF CLAIM BILL IN THE AMOUNT OF THE UNSATISFIED DIFFERENCE BETWEEN THE STATUTORY DOLLAR LIMIT AND THE FULL AMOUNT OF THE TORT JUDGMENT IN THE AMOUNT OF TWO MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,425,000); ALLOCATING FUNDS IN THE AMOUNT OF $2,625,000 (TWO MILLION SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS) FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653 06-01424 Legislation .pdf 06-01424 Exhibit.pdf 06-01424 Exhibit 2 .pdf 06-01424 Exhibit 3 .pdf 06-01424 Cover Memo.pdf 06-01424 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-06-0534 Chairman Gonzalez: RE.11 is a settlement. Vice Chairman Sanchez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. This is the proposed settlement of a lawsuit that was filed against the City. We have briefed Commissioners individually, and in essence, the -- this is what may be deemed a catastrophic type of incident that occurred. Risk Management, as well as the Fire Department, is in agreement that we enter into this settlement, and the settlement, in essence, consists of the City Commission agreeing to pay upfront the maximum under tort liability, which is $200, 000, and then consenting and allowing the parties to proceed with a claims bill in Tallahassee with a cap of no more than $2,625,000, and -- of which, of course, we're paying the first $200, 000, as we can, pursuant to the powers that you have, so the liability may not come to the City until at least a year or two years out, but certainly, immediately, the City would pay $200, 000 to continue to provide for the life support system and for the daily care of this child. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: This is a tragic settlement, and -- City of Miami Page 121 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: It is. Vice Chairman Sanchez: -- I don't know how, but you know, you've got to bite the bullet on this, but -- Chairman Gonzalez: Definitely. Vice Chairman Sanchez: -- whatl do want to know is -- and I always ask this. When we have something like this, I certainly want the Fire Department to let us know that -- what are we doing to make sure that this never happens again in our city? Deputy ChiefMaurice Kemp: Maurice Kemp, deputy fire chief. The first thing I want to tell you, Commissioner, is that this situation was discovered by the Fire Department not because of the litigation that came a year or two later, but because of our quality management program where we review the rescue calls, and by doing so, we saw that some things were not done properly here, and the officer in charge was disciplined, and secondly, subsequent to this case, the Law Department and Fire Department have agreed that when litigation comes forward, we will be involved with it on the front end, and we have been since then, and what that does is it lets us know what situations are causing litigation so that we can take action in the Fire Department to prevent future litigation, so those are -- Vice Chairman Sanchez: Has there been -- Deputy Chief Kemp: -- the steps we've taken. Vice Chairman Sanchez: -- fraining to assure that this doesn't happen again? Deputy Chief Kemp: The training is ongoing. What we have in this particular situation is an individual, despite his training, the paperwork was subpar, and -- so this is not a fraining issue. This was a discipline issue, in our opinion. Vice Chairman Sanchez: This happened in 1999, correct, '99? Mr. Fernandez: '98, I believe. Vice Chairman Sanchez: '98? Deputy Chief Kemp: '98/'99 -- I believe it was '99. Commissioner Spence -Jones: And also, Chief to just -- adding on your -- I think also -- I don't know if you might have mentioned it and it just kind of went over my heard, but also back then you didn't have certain equipment on the -- Mr. Fernandez: Correct. Commissioner Spence -Jones: -- trucks too, correct? Deputy Chief Kemp: That's correct. There's -- Commissioner Spence -Jones: And now you have now Deputy Chief Kemp: Yeah. The medical equipment called a pulse oximeter, which allows you to get a continuous readout of the oxygen percentage in the patient's blood, we didn't have those at that time. That would have been helpful, and that's one piece of equipment -- City of Miami Page 122 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: That they have now. Deputy Chief Kemp: That is a part of what the lawyers used to state their case. I can't stand here and tell you that, had we had that piece of equipment, the outcome would have been different, but it definitely is a useful tool in diagnosing a patient's condition. Chairman Gonzalez: All right. Vice Chairman Sanchez: We certainly don't need to relive it. Commissioner Spence -Jones: Thank you, Chief. Chairman Gonzalez: Do I hear a motion? Vice Chairman Sanchez: So moved to settle. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second to settle this case. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.12 06-01517 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Off -Street Parking ATTACHMENT(S), AMENDING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, IN THE AMOUNT OF $1,068,280, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. 06-01517 Legislation.pdf 06-01517 Exhibit.pdf 06-01517 Cover Memo.pdf 06-01517 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-06-0535 Chairman Gonzalez: RE.12. Commissioner Spence -Jones: No. Scott Simpson: Scott Simpson, Miami Parking Authority. RE.12 is amending the FY (fiscal year) '06 operating budget for the Gusman & Olympia Enterprise Fund. During the course of the year, the theater applies for additional grants that are not expected or entered when the original budget is adopted in October. This $25, 000 is (UNINTELLIGIBLE) grant that we received during the year from the County, so when you look at the budget, it's appropriating $25, 000 in revenue and expenditures for the same amount, so we would ask, respectfully, to beat City of Miami Page 123 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 me up and approve it. Chairman Gonzalez: All right. Vice Chairman Sanchez: Oh, no. Somehow, you know, you always come back to this Commission. Commissioner Spence -Jones: I know. You stole an employee today. Commissioner Haskins: So move. Commissioner Spence -Jones: You left us. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Commissioner Regalado: Comment, question, Mr. Chairman. Chairman Gonzalez: Commissioner Regalado. Vice Chairman Sanchez: Good to see you. Mr. Simpson: Thank you. Commissioner Regalado: Scott -- Mr. Simpson: Yes, sir. Commissioner Regalado: -- thank you. I just want to find out if you have anything in the budget, either this final budget or the next year, for a study for a Coral Way traffic -- Mr. Simpson: This is the Gusman budget. That would be in the -- Commissioner Regalado: That would be in the next -- Mr. Simpson: -- parking -- Miami Parking Authority's budget. Commissioner Regalado: -- but now while you're here -- Vice Chairman Sanchez: All right. Call the question on RE.12. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RE.13 06-01532 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Off -Street Parking ATTACHMENT(S), AMENDING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, IN City of Miami Page 124 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 THE AMOUNT OF $10,993,683 EXCLUDING DEPRECIATION, AND OTHER NON -OPERATING EXPENSES OF $3,118,716. 06-01532 Legislation .pdf 06-01532 Exhibit .pdf 06-01532 Cover Memo .pdf 06-01532 Memo .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-06-0536 Chairman Gonzalez: RE. 13, Department of Off -Street Parking budget amendment. Scott Simpson: Scott Simpson, Miami Parking Authority. This is an amendment for the FY (fiscal year) '06 operating budget for the Miami Parking Authority. The $768, 000 we're asking to amend the budget is the carrying cost for the special revenue bonds that the Authority issued in March, so this represents the carrying costs from April through the end of September of that bond. Also, because of (UNINTELLIGIBLE) 61, you -- we have to show on a corresponding interest expense. We're not able to capitalize that because the interest earnings exceed or equal the expense, so we have to gross up the income as well as the expense with a netting of zero. Commissioner Regalado: Now I ask the question. Mr. Simpson: Now I can answer your question. Commissioner Haskins: So move. Mr. Simpson: In the -- Vice Chairman Sanchez: Second. Mr. Simpson: -- existing operating budget we'll talk about tonight, there's a line item called `R & R" that can be used for special projects as the course of the year goes on. Within -- has anything been specifically earmarked for a particular project at this point? No. Commissioner Regalado: OK. 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. Mr. Simpson: Thank you very much. RE.14 06-01263 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH STAUBACH COMPANY, NORTHEAST ("STAUBACH"), FOR THE PURPOSE OF PROVIDING REAL ESTATE AND FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE POTENTIAL DISPOSITION OF City of Miami Page 125 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 THE JAMES L. KNIGHT CENTER COMPLEX; PROVIDING FOR A FEE OF $200,000, FOR PHASE 1 SERVICES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. 311047 AND 344102 UNDER B#70500; PROVIDING THAT IN THE EVENT THE CITY OF MIAMI ("CITY") ELECTS TO PROCEED WITH DISPOSITION OF THE PROPERTY, OR PORTIONS THEREOF, STAUBACH SHALL PROVIDE MARKETING AND DISPOSITION SERVICES FOR WHICH THEY WILL BE PAID A COMMISSION OF 1.5% OF THE FIRST $15 MILLION OF SALE PROCEEDS AND 3% OF SALES PROCEEDS IN EXCESS OF $15 MILLION, PER TRANSACTION, AND THE INITIAL $200,000 FEE DUE FOR PHASE 1, SHALL BE CREDITED AGAINST THE COMMISSION EARNED; PROVIDING THAT IN THE EVENT THE CITY WISHES TO ACQUIRE ANY OF THE VARIOUS INTERESTS FOR THE PURPOSE OF FACILITATING THE OVERALL DISPOSITION OF THE PROPERTY, STAUBACH SHALL BE PAID 2% OF THE PURCHASE PRICE; FURTHER PROVIDING THAT STAUBACH MAY RECEIVE UP TO $50,000, IN REIMBURSABLE EXPENSES ASSOCIATED WITH ENGAGING THE SERVICES OF AN ARCHITECTURAL FIRM, APPROVED BY THE CITY, TO STUDY RE -USE CONCEPTS. 06-01263 Legislation.pdf 06-01263 Exhibit.pdf 06-01263 Exhibit 2 pdf.pdf 06-01263 Exhibit 3 pdf.pdf 06-01263 Summary Form.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-06-0537 Direction by Commissioner Spence Jones to the City Manager to hire a consultant to identify a concept for establishing a venue in the City ofMiami for conventions, conferences, and concerts; further directing that in the event the City elects to proceed with the disposition of property, that said funds be earmarked for another venue in the City ofMiami; further directing the City Manager to consider what other cities have done in relation to same. Chairman Gonzalez: RE.14. Laura Billberry (Director): Lori Billberry, Public Facilities. The item before you today is to authorize the Manager to enter into an agreement with the Staubach Company. This item is in order for the City to be able to assess its financial and operating position in the Knight Center and the adjacent properties. To do this, the City had issued a request for letters of interest and two firms responded. The Commission had authorized that we negotiate an agreement with the Staubach Company, and in the event the negotiations failed, to negotiate with Cushman & Wakefield, the second -ranked firm. The item before you is the actual agreement now with the Staubach Company, and it provides for two phases; the first phase being a presale due diligence and analysis phase, and the second phase being a marketing and disposition. We will not be proceeding with phase 2, though, until we come back to this Commission and allow you an opportunity to review the findings before we actually proceed with any sale, should we even do that. Vice Chairman Sanchez: So move. City ofMiami Page 126 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: Wait one second. Commissioner Haskins: I'll second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Discuss -- Commissioner Spence -Jones: We can second, but we definitely want to have a discussion on this item because you -- in the midst of you presenting, you didn't say anything about the study of the reuse of it. Ms. Billberry: That is part of the phase 1 analysis. When they do look at the presale due diligence and market analysis, they will be reviewing all the leases. Part of this includes a reimbursement so that they may hire an architect to look at the reuse concepts and the supply demand of the facility. Commissioner Spence -Jones: OK, so Lori -- you know, I've been preaching this also since I've been on the dais, and I -- thank God I did have a chance to sit down and have a long discussion with Larry over budget and really kind of explain and really went through it so that I really understand why it is almost kind of necessary for us to look, more or less, in that direction, finding out a better use of what we're going to do with the property, period. My only concern and will remain my concern is that if we're a world -class city that we plan -- you know, that we, you know, parade around being, and with the City growing by leaps and bounds, and tourism being the number one industry in this town, for us not to have venues for conventions or conferences or concerts, or whatever, to me, is shameful. We're losing the Coconut Grove Expo Center. You know, if this comes back -- and I understand the numbers make more sense for us to be looking in that direction. I just would like to direct the City Manager, if that is the case, and if we're moving on this route to, you know, find another option, I would like for the City Manager to maybe, perhaps, figure out something that we can do to move on a different frack to maybe stud -- find someone -- find out -- find someone to do -- to bring on -- maybe, perhaps, bringing on a consultant to look at other areas throughout the City for potential sites for another venue, or looking at other cities and what they're doing from -- for their spaces like this, for expo -type space. We just -- I would hate for this to go and not have anything else, and unfortunately, in the City ofMiami, we just -- outside of our own venues, there aren't really enough venues in this town to do those things to attract people to come do business in this town or to bring tourists to this town to -- for conference or convention, so I would like to ask that you at least consider bringing somebody onboard -- not them, because I understand they have a different task, but to come up with maybe, perhaps, another concept to, you know, bring another venue to this town because I would hate for this -- for you guys to come back and say this is a better option, and then we're moving down the road, like we did on the Coconut Grove Expo Center, and next thing you know, it's gone, and then a lot of the little people that fry to do their activities, like the cancer -- your cancer event that you do, Commissioner Gonzalez, that you support -- what is it? Vice Chairman Sanchez: Liga Contra Cancer. Chairman Gonzalez: I just expressed exactly the same concerns that you are expressing. Commissioner Spence -Jones: OK, and a lot of these nonprofit organizations, they relied on our City, you know, venues to do their events, and they've been doing them, but again, I understand, at the end of the day, you know, if this is going to get the City out of a crunch, I don't have a problem with it, butt want to make sure that we're moving down the road to identify -- if a sale comes from this by chance, those dollars are earmarked for another new venue to happen in this town to make sure that we're not stuck, and that's been my position from day one, and I'm going to keep pushing that because it's our residents that, when they want to have something to do or City ofMiami Page 127 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 utilize an event, we don't have anything to offer them. Pedro G. Hernandez (City Manager): Commissioner, we can, on a parallel track, explore other options for conference centers, convention centers, where we analyze -- Commissioner Spence -Jones: Yeah. Mr. Hernandez: -- this study -- Commissioner Spence -Jones: Yes. I would like to do that. Mr. Hernandez: -- so when this comes back to you, that we will have a more comprehensive response. Commissioner Spence -Jones: OK. Mr. Hernandez: We'll providing this here, and on the other hand, this is what we found out. Commissioner Spence -Jones: I know, but they need to be doing that at the same time. Vice Chairman Sanchez: All right. Mr. Hernandez: So everything's sort of balanced. Commissioner Spence -Jones: At the same time. Chairman Gonzalez: All right. We have a motion and we have a -- Commissioner Regalado. Commissioner Regalado: Just briefly. Mr. Manager, you inherited some decisions by the past administration. The Coconut Grove Convention Center is like closed, right? Mr. Hernandez: It is at this point. Yes, sir. Commissioner Regalado: And we must have an immediate plan for it? Mr. Hernandez: The immediate plans are, I believe, demolition. Commissioner Regalado: Demolition. Mr. Hernandez: Yes. Commissioner Regalado: But we haven't authorized that. Mr. Hernandez: No, it hasn't, but that's, I believe, being worked on right now. Commissioner Regalado: And after the demolition, do we know what's going to be there? I mean, is it a condo or a park or --? Mr. Hernandez: No. I -- Commissioner Haskins: I don't know that it's a foregone conclusion that it's demolition. We're waiting for the Sasaki plan, the Sasaki Dinner Key and waterfront master plan. In their presentation, I think they're going to show it gone, but there's also been discussion about is there an alternative site in this area to be able to do something, and the discussion exactly was being able to use proceeds from anything in the Knight Center to build a better facility. The problem City of Miami Page 128 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 with the convention center right now is it's in very bad shape. It needs a lot of money to fix the roof air conditioning, and there has not been a desire to put that kind of money into the pro -- into that building. Commissioner Regalado: I understand that this center needs a lot of money. I just didn't understand how do you make a decision without knowing what are you going to do with the site, and that was my -- I mean, this dates back to two years ago. The past Manager said don't take any more , you know, reservations because -- and so we didn't -- at that time, we didn't even know who Sasaki was, and that was my point. My point is the same point that Commissioner Spence -Jones is making. The only venue for conventions right now is the Miami Beach Convention Center, which is a debate whether, you know, they're going to pump the 50 millions or whatever, and the City ofMiami Beach is pushing for -- we are -- we have to make a decision on the Knight Center. It's the logical thing. It's a good thing. It's the right thing, but we need to plan long terms in terms of conventions facilities. You know, I remember that we had this great idea of having a beautiful convention site in Watson Island with the Greater Miami Conventions and Visitors Bureau, and we all rally around them, and you know, we keep closing convention centers, and the fact of the matter is that, if there is a convention in Miami Beach, the people are going to stay in Miami Beach. If there is a convention in Coconut Grove, so the people may be staying in Coconut Grove. We cannot depend on the regatta or the Goombay to fill twice a year the hotels in Coconut Grove, and I think that's something that be concerned, butt know the area Commissioner understands pretty well the area. I just think that, you know, we are -- we have here a situation where we want to be first in arts, and we all saluting and rallying and clapping about the Performing Arts Center, but if you look at the program that they send by mail from here to June of next year, you know, I'll give you a dollar for any local concert that you can see there, you know. It's great people. I mean, you know, from Woody Allen to The Tenors and all that, but you know, guys, we need --I mean, Dade County Auditorium is expensive because they have union. Gusman, really expensive. People -- you know, there's -- they only have the Artime and the Lyric, and we really need to offer more venues. That's all that I wanted to say. Chairman Gonzalez: All right. I think we all agree on that. 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. Ms. Billberry: Thank you. City ofMiami Page 129 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 BOARDS AND COMMITTEES BC.1 06-01075 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-01075 memo.pdf 06-01075 members.pdf DEFERRED NOMINATED BY: Vice Chairman Joe Sanchez Commissioner Michelle Spence -Jones Chairman Gonzalez: Let's go to the board appointments. Madam City Clerk, we have cleaned up the agenda, right? All we got left is the board appointments? Priscilla A. Thompson (City Clerk): That is correct. Oh, I'm sorry, and you do have three other discussion items. Jorge L. Fernandez (City Attorney): Yes. Ms. Thompson: I'm sorry, two other discussion items -- three, including the -- Chairman Gonzalez: DI.1, DI (discussion item) -- yeah, but that's -- Ms. Thompson: 2 and 3. Chairman Gonzalez: -- yeah, I got that. All right. BC.1. Miami Street Codesignation Review Committee. Vice Chairman Sanchez has an appointment. Vice Chairman Sanchez is not here. Commissioner Spence -Jones, you have one nomination. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: You are deferring. Commissioner Sanchez, Miami Street Codesignation Review Committee. Are you --? Vice Chairman Sanchez: Defer. That's the committee we should do away with. Chairman Gonzalez: Defer. OK. Vice Chairman Sanchez: Nobody wants to be on that committee. BC.2 06-01407 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND City of Miami Page 130 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Baron Da Parre Commissioner Tomas Regalado Claudia Puig Mayor Manuel A. Diaz 06-01407 memo.pdf 06-01407 members.pdf 06-01407 Appointment.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-06-0548 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Claudia Puig and Baron Da Parre as members of the Arts and Entertainment Council. Chairman Gonzalez: BC.2, Arts and Entertainment Council. I'm going to defer my appointment, and the Mayor has one nomination. I guess that is going to be deferred also. Commissioner Regalado: But I do have one because there is one -- my -- Madam City Clerk, my appointee in this has been missing, and I was asked to appoint somebody, so -- Priscilla A. Thompson (City Clerk): On Arts and Entertainment Council? Commissioner Regalado: Yeah. Ms. Thompson: OK. Commissioner Regalado: It's Baron De Parre. That's my appointment to the Arts and Entertainment Council. Chairman Gonzalez: All right. Do we have a second on that? Commissioner Spence -Jones: Second. Ms. Thompson: Before you take your vote, Chairman, the Mayor has nominated Ms. Puig. Do you want to make that part of your vote, since you already have one -- Chairman Gonzalez: Yes, sure. Ms. Thompson: -- that you're voting on? Because it's just a ratification that he needs from you all. Chairman Gonzalez: All right. Do you want to move the -- Ms. Thompson: So we just need a vote. Chairman Gonzalez: -- Mayor appointment? City of Miami Page 131 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: Yeah. Well, we need a motion -- what, to include them? Ms. Thompson: He is nominating Claudia Puig -- Vice Chairman Sanchez: So move. Ms. Thompson: -- the Mayor is. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a nomination from -- Vice Chairman Sanchez: We need a second. Chairman Gonzalez: -- Commissioner -- Commissioner Haskins: Second. Chairman Gonzalez: -- Regalado and also from Commissioner Sanchez, on behalf of the Mayor, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.3 06-01408 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 06-01408 memo.pdf 06-01408 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Commissioner Linda M. Haskins Commissioner Tomas Regalado Mayor Manuel Diaz Chairman Gonzalez: BC.3, Community Technology Advisory Board. Commissioner Linda Haskins, you have one -- Commissioner Haskins: Defer mine. Chairman Gonzalez: Pardon me? Commissioner Haskins: Defer. City of Miami Page 132 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: You're going to defer. The Mayor has also one nomination. Do you know anything on the Mayor's nomination? Priscilla A. Thompson (City Clerk): He wants to withdraw that nomination. Chairman Gonzalez: All right, so no action then today, right? Ms. Thompson: That's correct. BC.4 06-01409 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Stuart Sorg Chairman Angel Gonzalez Wendy Kamilar Vice Chairman Joe Sanchez Harry Horgan Commissioner Linda M. Haskins Ashley Chase Commissioner Linda M. Haskins Antonio Llano-Montes Commissioner Tomas Regalado Jack King Commissioner Tomas Regalado 06-01409 memo.pdf 06-01409 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-06-0549 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, to appoint Stuart Sorg, Wendy Kamilar, Harry Horgan, Ashley Chase, Antonio Llano-Montes and Jack King as members of the Waterfront Advisory Board. Chairman Gonzalez: BC.4 -- Vice Chairman Sanchez: Waterfront. Chairman Gonzalez: -- Waterfront Advisory Board. Vice Chairman Sanchez: Mr. Chairman, I would like to reappoint Wendy Kamilar, and I would like to defer my other appointment. So move. Chairman Gonzalez: All right. Commissioner Haskins. City of Miami Page 133 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Haskins: Yes. I'd like to reappoint Ashley Chase and nominate Harry Horgan for my other position. Harry Horgan. Priscilla A. Thompson (City Clerk): Carrie Horgan? Commissioner Haskins: Harry. Ms. Thompson: I'm sorry. Harry -- Commissioner Haskins: Horgan. Ms. Thompson: Thank you. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Reappoint the same members, Madam City Clerk. Chairman Gonzalez: Commissioner -- Ms. Thompson: So that's Antonio -- Commissioner Regalado: Yes. Ms. Thompson: -- Montes and Jack King. Commissioner Regalado: Right. Chairman Gonzalez: Commissioner Spence -- Commissioner Spence -Jones: I'm deferring mine, sir. Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: I'm deferring mine. Chairman Gonzalez: All right. The Mayor has two nominations. You got anything from the Mayor's Office? Ms. Thompson: We actually still have individuals serving, and he did not change those. He did not turn those names in, so they'll continue to serve until he changes. Chairman Gonzalez: All right, and I'm going to defer -- I'm going to reappoint Stuart Sorg and defer the other appointment. You want to move all the names proffered and -- Vice Chairman Sanchez: I will move all the names that have been proffered for the Waterfront Advisory Board. Commissioner Haskins: 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. City of Miami Page 134 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 BC.5 06-01410 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert Valledor Vice Chairman Joe Sanchez Jose Castro Commissioner Tomas Regalado 06-01410 memo.pdf 06-01410 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-06-0550 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Robert Valledor and Jose Castro as members of the Nuisance Abatement Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Robert Valledor as a member of the Nuisance Abatement Board. Chairman Gonzalez: BC. 5, Nuisance and Abatement Board. Commissioner San -- Vice Chairman Sanchez. Vice Chairman Sanchez: I would like to reappoint Robert Valledor, who has exceeded the term limit, so he needs a -- Priscilla A. Thompson (City Clerk): Unanimous five -- Vice Chairman Sanchez: -- unanimous -- Ms. Thompson: -- five -- Chairman Gonzalez: Unanimous vote. Ms. Thompson: -- waiver. Chairman Gonzalez: OK. Commissioner Regalado, you have one nomination. Commissioner Regalado: Yes, Jose Castro. Chairman Gonzalez: OK. Commissioner Spence -Jones. Commissioner Spence -Jones: Deferring it. Chairman Gonzalez: OK. Vice Chairman, would you please move the name have been proffered? City of Miami Page 135 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: So move the names that have been proffered. 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 -- Ms. Thompson: And that does -- Chairman Gonzalez: -- have the same right. Ms. Thompson: -- include the term waiver. Chairman Gonzalez: With the term waiver, yes. BC.6 06-01411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ignacio J. Abella Chairman Angel Gonzalez 06-01411 memo.pdf 06-01411 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-06-0551 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ignacio J. Abella as a member of the Audit Advisory Committee. Chairman Gonzalez: BC.6, Miami Audit Advisory Committee. Commissioner Haskins. Commissioner Haskins: Defer. Chairman Gonzalez: Commissioner Spence -Jones. Vice Chairman Sanchez: Spence. Chairman Gonzalez: Commissioner Jones [sic]. Commissioner Spence -Jones: I'm deferring. Vice Chairman Sanchez: She's deferring. City of Miami Page 136 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: You're deferring? OK, and I will reappoint Ignacio J. Abella. Would you Vice Chairman Sanchez: So moved, Madam Clerk, the names that have -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- been proffered. 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. BC.7 06-01412 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-01412 memo.pdf 06-01412 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Chairman Gonzalez: BC.7, Equal Opportunity Advisory Board. Commissioner Spence -Jones: Deferring mine, sir. Chairman Gonzalez: Andl will defer mine, too. BC.8 06-01413 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Gonzalez 06-01413 memo.pdf 06-01413 members.pdf City of Miami Page 137 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DEFERRED Chairman Gonzalez: BC.8, Finance Committee. I will defer my appointment. I think it's only me, right -- Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: -- Madam City Clerk? Ms. Thompson: Yes, that's correct. BC.9 06-01414 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CHAIRPERSON OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones Commission at Large 06-01414 memo.pdf 0601414 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-06-0552 A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Spence Jones as Chairperson of the Midtown Community Redevelopment Agency. Chairman Gonzalez: OK. BC.9, Midtown Community Redevelopment Agency. Commissioner Haskins: I would move Commissioner Spence -Jones to be the chairperson. Chairman Gonzalez: OK. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.10 06-01456 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 138 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 APPOINTEES: NOMINATED BY: Barbara Bisno Commissioner Linda M. Haskins Carlos Becerra Commissioner Linda M. Haskins 06-01456 memo.pdf 06-01456 members.pdf 06-01456 Appointments.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-06-0555 A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to appoint Barbara Bisno and Alan Murphy as members of the Community Relations Board. A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to reconsider the appointment ofAlan Murphy as a member of the Community Relations Board. A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to appoint Carlos Becerra as a member of the Community Relations Board. Chairman Gonzalez: BC.10, Community Relations Board. Vice Chairman Sanchez: Commissioner Haskins, you have two appointments. Commissioner Haskins: Yes. I want to reappoint Barbara Bisno and Alan Murphy. Chairman Gonzalez: All right. Priscilla A. Thompson (City Clerk): I'm sorry. Barbara Bisno, you said? Commissioner Haskins: Barbara Bisno andAlan Murphy. Ms. Thompson: And just to call your attention to the process, Commissioner. The Community Relations Board did send a memo and a packet to you giving three individuals -- or advising of three individuals. They usually will put the three in rank order; one, two, three; one, two, three, and if you look at the memo, Mr. Murphy was ranked number two in that first position, so are you going to not consider the other ones? I just want to make sure -- Commissioner Haskins: No. Barbara Bisno is ranked number one -- Ms. Thompson: Right. Commissioner Haskins: -- andAlan Murphy, number two, and that's who I'm recommending -- Ms. Thompson: OK. Commissioner Haskins: -- because I have two nominations. City of Miami Page 139 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Ms. Thompson: OK. Chairman Gonzalez: All right. We hear a second? Commissioner Regalado: Second. 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. "[Later...]" Commissioner Haskins: Need a motion to reconsider BC.10. Chairman Gonzalez: To reconsider B -- Commissioner Haskins: Yeah. My notes were not good. Chairman Gonzalez: BC.10. Commissioner Haskins: BC.10 is board appointment. Chairman Gonzalez: All right. Commissioner Haskins: Instead ofAlan Murphy, I want to put in Carlos Becerra. Chairman Gonzalez: OK. You need a -- You make a motion to reconsider. You need a second. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Now you correct your -- Commissioner Haskins: And I want to -- instead ofAlan Murphy, I want to appoint Carlos Becerra. Commissioner Regalado: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.11 06-01457 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 140 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Michael G. Barket Vice Chairman Joe Sanchez Frank Herrera Commissioner Tomas Regalado Marie Louissaint Commissioner Michelle Spence -Jones 06-01457 memo.pdf 06-01457 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-06-0556 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Michael G. Barket, Frank Herrera, and Marie Louissaint as members of the Bayfront Park Management Trust; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, 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 Frank Herrera as a member of the Bayfront Park Management Trust. Chairman Gonzalez: BC.11, Bayfront Park Trust. Vice Chairman Sanchez: Mr. Chairman, I would like to reappoint Michael Barket. Chairman Gonzalez: OK. Commissioner Haskins. Commissioner Haskins: Defer. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Frank Herrera. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Marie Louissaint. Priscilla A. Thompson (City Clerk): Marie -- Chairman Gonzalez: OK. Commissioner Spence -Jones: Louissaint. Ms. Thompson: Louissaint -- Blussaint. Commissioner Spence -Jones: Yeah, Louissaint. Ms. Thompson: OK. Vice Chairman Sanchez: The Commission at -large, there are three appointments. Chairman Gonzalez: Three appointments. Vice Chairman Sanchez: As the Chair, I would respectfully request that I consult with them City ofMiami Page 141 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 because some of them aren't showing up to the meetings anymore -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- so maybe there's some time to bring in some new people that want to serve on that board, but I think, out of respect and the service which they have served that park, I owe it to them to sit down with them. Chairman Gonzalez: Most definitely. Would you proffer the names? Vice Chairman Sanchez: At this time, I'm not going to proffer any of the names for the Commission at -large till -- Chairman Gonzalez: No. Vice Chairman Sanchez: -- I sit down with them and see what the future holds for them, so I will proffer the names that -- Chairman Gonzalez: The other. Vice Chairman Sanchez: -- have been presented by the Commissioners for appointment. 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. City of Miami Page 142 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DISCUSSION ITEMS DI.1 06-01549 DISCUSSION ITEM Office of the City DISCUSSION CONCERNING A PRESENTATION HIGHLIGHTING THE Clerk ACCOMPLISHMENTS OF THE OFFICE OF THE CITY CLERK. 06-01549 Cover Memo.pdf DISCUSSED Chairman Gonzalez: All right. DI.1. DI.1. Jorge L. Fernandez (City Attorney): That is the City Clerk's item, if you want to hear her presentation. Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: All right. Madam Clerk, we'll get you out of the way, and then we'll put our gloves on. Priscilla A. Thompson (City Clerk): Thank you. Good afternoon, Commissioners. On behalf of the staff of the Office of the City Clerk, I'd like to thank all of you for giving us an opportunity to present a comprehensive review of our office. The mission of the City Clerk's Office is to capture and archive the public record accurately, making it available as quickly as possible and as broadly as possible, and to safeguard the integrity of the election process by applying technology and approved business processes. The City Clerk's team -- and you -- some of them were here earlier -- consist of 15 dedicated, committed, efficient and knowledge -based employees that have over 116 years of combined working experience with the City. Not only is our staff experienced, they're also educated. Of our 15 current employees, ten of them hold the degree from bachelor's to PhD (Doctor of Philosophy) levels. We have two certified municipal clerks who are entering into the Master Municipal Clerk Academy, in an effort to further enhance their professional skills, and several of our team members are already in school trying to complete their bachelor's degree. Appointed by the City Commission, the City Clerk performs activities prescribed by state statutes, County ordinance, and the City Charter and Code. We have three main sections in our office. They are legislative, records management, and administration. As part of our meeting management duties, the Clerk's Office attends and records the City Commission, CRA (Community Redevelopment Agency), Homeland Defense, Community Advisory Technology Board [sic], and the Overtown Advisory Board, and we record those minutes using our FTR (For The Record) Gold system. Marked agendas and verbatim minutes are completed using Legistar for the City Commission and CRA board meetings. The remaining board meetings are completed through summary minutes. Part of our board monitoring -- and we monitor 41 City boards and 13 non -City boards, but part of our duties require, among other tasks, the preparation and administration of oaths of office for City officials and designated board, committee, agency, and frust members, the maintenance of the official City calendar for all public meetings, and the re -- we receive resumes and applications tendered by individuals seeking appointment to our City boards. The Clerk's Office also submits special legislation to Washington, D.C. (District of Columbia), Tallahassee, Metro -Dade County, and other entities, as directed, and we're also responsible for monitoring, reviewing, and submitting all pertinent ordinances to be codified. All facets of all municipal elections are coordinated by the City Clerk's Office, which include the qualification process for candidates participating in municipal elections and the citywide early voting process for general elections. We also oversee the Overtown Advisory Board and the Civil Service Board elections. Now in conjunction with the various City departments, the Clerk's Office coordinates scheduling of bids. We log in and file all bid correspondence. We receive and open all bid documents, and we maintain an internal log of bid openings and results. As secretary of your municipal corporation, which requires maintaining custody of the City seal, this office executes documents and attends bond validation City of Miami Page 143 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 proceedings. Being a full passport service facility, we process passport applications, collect and deposit passport revenues, provide passport photographs for customers, as needed, and market our passport services to City employees and City residents. The Records Management section oversees compliance with the State of Florida general records schedule, reports to the State the City ofMiami's fiscal disposition compliance review, and maintains storage of over 110 years of official City actions recorded and their documents, and they're recorded on microfilm, and they're here and at the Division of Records Management in Tallahassee. Additionally, this section drafts legislation, including any amendments to the records ordinance regarding the citywide records management and archival program. This section indexes and stores official City Commission and various other boards' agendas and meeting minutes, and inventories and schedules departmental documents for retention, storage, and disposal. I need to point out that this is all systematic. We can't just throw things away. We have to follow the State prescribed statutes, so you see that it's very cumbersome, but it is required by the State. Other records management duties and responsibilities include microfilming both past and present agendas, minutes, ordinances, resolutions, and background memorandum and related documents for permanent retention, updating the publicly accessible digital archive library documenting history of the City ofMiami, in collaboration with FIU's (Florida International University's) library, and transferring multiple media formatted documents in the Laserfiche records management system, allowing timely and efficient retrieval and distribution of public records requested by internal and external customers. Our Administration section takes care of everything else; those things that come as a result of us working. That includes our budget, all personnel matters and employee training, any new procedures, softwares [sic], or whatever packages we can develop to help with our technology, and with our special projects, frying to partner with public/private concerns to garner grants and other ways to spend money -- or to get money so that we can improve the City's processes. The City Clerk's Office is an active participant in the City's strategic planning process and the balanced scorecard initiatives by developing internal initiatives to meet and surpass customer service, budget, and performance goals established by City Administration. We have placed a strong emphasis on executing and maximizing potential results to achieve our defined strategic objectives and deliverables. When we get into the budget process, you'll hear a lot about -- you know, a lot of those terms, and we are doing that, frying to make sure that we are getting the most out of the City's dollars. The first objective of the City Clerk's Office is to provide excellent customer service. You're all familiar with our Legistar program. In 2004, we launched the Web module. Since launching the legislative Web module of Legistar, our office research requests have decreased. For an example, in April 2003, we handled 218 requests. That has decreased to 157 requests, as of April 2006. We've trained over 65 managerial and executive employees in our Legistar program and the Web module, which provided important feedbacks to us that made it possible for us to improve the Legistar features and increase employee's efficiency in retrieving public records. Our -- most importantly -- and this is something that you all touched on today -- with our Legistar Web link, individuals, our internal and external customers, can actually access our records 24 hours a day, 7 days a week, via the City's Web site, so our internal and external customers can get to documents and get information as needed. Now, Laserfiche, which was introduced in 2005, is an electronic document imaging management system used to store and retrieve City records. If you've gone by our office, you've noticed that we have cubicles now. We don't have all that storage that's in there. How we were able to do that is that, with Laserfiche, we've actually been able to take over 186,000 Commission actions that used to be on index cards, and we have now transferred those to a digital medium, 186,000 actions dating back to 1896. We've also been able to take over 2,000 hard copy documents and transfer those into Laserfiche, as well. All of that equates to storage space saving, cubic space saving, square foot savings, and manpower shifts, being able to shift our manpower. Our next introduction is our POMS (People Office Management System) program, People Office Management System, and this is a software package that our IT (Information Technology) Department actually developed in-house for us, and it allows us to track information regarding all of our board appointments, their compliances, and our financial disclosures. We have our municipal code, and that's our online -- we've taken our Charter and Code blue book, and it's now available online through City ofMiami Page 144 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Municode. We had online Municode fraining delivered to over 100 City employees. This comprehensive training reduced the number of research requests from an average of 86 requests to 67 in a period of one quarter. Municode has also enabled the Office to redirect manpower, to focus on growth and improvement of service delivery to our internal and external customers. We also provided, this year, Citywide comprehensive four-hour fraining course to over 53 board liaisons and board legal counsels. This training included topics such as ethics, government in the Sunshine, and financial disclosures, and I've got to let you know those are not the most favorite topics for individuals, but they're necessary. The City Clerk's Office has achieved operational savings in various areas. In 2004, with the destruction of records from each City department which has met retention, we were able to contribute an annual savings of off -site storage cost of over $2,100. 2005. Records with long-term retention requirements were microfilmed and preserved, and sent to off -site storage for environmentally -controlled storage. By taking the documents and putting them on microfilm, as opposed to having them in boxes, again, we were able to reduce our storage requirements by 415 cubic feet, annual saving of $2, 000 a year. With our Laserfiche and Legistar, those two systems have contributed to an annual savings of approximately $3, 700 in printing supplies, based upon us usually having an average request of 25 pages per request. In 2006, we were also able to enhance our revenues by increasing our passport revenues by nine percent. Our agreement with the Historical Museum of Southern Florida to catalog and archive City photos resulted in an operational savings of approximately $2,100 per year in storage costs. Those photographs are older than a lot of us here. Now they're sitting in the museum and individuals can go right in and look at them and make copies. We've improved our business and service delivery process by implementing quarterly training of all of our departmental liaisons on our records management program. We now deliver your marked agenda to you -- your marked meeting agenda, we now deliver it to you in four days because we're now using our Legistar. The City Commission minutes have been able to be completed in 18 days, which is -- and I'm just so happy about this. It's actually ten days shorter than our target of 28, so Legistar has really increased our turnaround time for your verbatim minutes. As far as elections, with the year of 2005, we actually took all the information relating to elections and put it on our Web site so that our internal and external customers are advised of the City ofMiami Commission, Overtown Advisory Board, and Civil Service Board elections, and we post information relative to filling a vacancy, filing for candidacy, reporting deadlines, candidate information, election results, and all the guidelines, as stipulated by the State and the County. Our microfilming efforts, we're always frying to move ahead. We initiated a test pilot program where we've taken our microfilm reels and we've taken three reels and been able to convert that to one DVD (Digital Video Disc). Understand that microfilm has a life expectancy beyond all of us, 300 to 500 years, but because the electronic medium changes, we have to always have something whereby it's made available to use. I've been told, and I've fried it, microfilm, we'll always be able to use it 'cause we can hold it up to the sun and you can still see the image, as long as you properly care for it, so we've been testing a program so that we can move from the microfilm, which we'll store off -site, to DVDs, and again, with improving our business delivery, in 2006, our office entered into a 99-year memorandum of understanding with the Historical Museum of Southern Florida, which resulted in the indexing and storage of the City's historical program collection in a protected environment. The MOU (Memorandum of Understanding) provides for public walk-in accessibility to these cataloged photographs, and we've given you a sample of one there. We even have one with Winston Churchill when he visited Miami, so you've got a lot of history available to you now. We've continued our partnership with Florida International University for our online accessibility to the City of Miami's historical book collection. This collaborative effort has -- which incurs no cost to the City, now makes all of our historical information available on the Web. We've also made an effort to provide continuous training for our staff and we've covered such subject areas as clerk certification, time management, notary certification, passport processing, online records certification, elections, grant writing, court reporting, and records management. Commissioners, I've shared with you what we do and what we have done. Now, very quickly, I want to share with you what we'll be doing in the future, so that's our "Next... " We are working with Communications and ITD (Department of Information Technology) to bring in a program City ofMiami Page 145 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 where we can do Web streaming of our Commission meetings so that they'll be viewable live on the Internet, and they'll also be cataloged on the Internet so you can download our actual meetings via the Internet. Something very important that was said today, the comment was made, everybody doesn't have a computer. We're working with Information Technology so we can set up what we call self-service kiosks here at City Hall and at the MRC (Miami Riverside Center) building, which will provide public use of City -- public use and accessibility to City records. Individuals will be able to go to those kiosks and actually print out documents. This is our pilot program. We're hoping that we can take these Citywide so that these self-service kiosks can be available at all City locations. Even if you don't have a computer at home, you can go to a City location. We are working, again, with our IT Department to automate lobbyist registration. It'll make it easier and possible for lobbyists to register online. With our Laserfiche, we will be making our public records available via the Internet, and we're talking about 1896 to the present. With the elections, we're moving towards automating that election process so that candidates can actually file online, complete their campaign reporting online, just as they do with the State and Dade County. In our efforts to increase our passport revenues, we will be marketing our passport services citywide. Commissioners, again, your City Clerk team thanks you for allowing us to share with you how your City Clerk team is working smarter to make it all work. Thank you. Chairman Gonzalez: Thank you, Priscilla. Applause. Chairman Gonzalez: Very comprehensive presentation. Vice Chairman Sanchez: You didn't say anything about pimping out my car. Chairman Gonzalez: Beg your pardon? DI.2 06-01572 DISCUSSION ITEM Office of the City DISCUSSION CONCERNING PROPOSED LEGISLATION REGARDING Attorney MIAMI CHILDREN'S MUSEUM ON WATSON ISLAND. 06-01572 Legislation 1 .pdf 06-01572 Legislation 2 .pdf 06-01572 Legislation 3 .pdf 06-01572 Cover Memo .pdf DISCUSSED Chairman Gonzalez: All right. DI.2. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, this is an item that we have been working on for the last, I would say, three or four months. Progress has been made, as you can see from what's attached in the agenda. We have already started and do have some of the legisltation that's needed, but the more that we meet on this item, more issues remain unresolved, and not addressed. I don't feel comfortable bringing this item to your consideration at this time. Chairman Gonzalez: All right. Mr. Fernandez: I believe that we need more time to continue to meet with all the interested parties, as well as coordinating internally with the City and with the MSEA (Miami Sports and Exhibition Authority) Board and everyone else that's a party to this transaction, so at this time, as you can see from what's included in the agenda, progress has been made, and we're certainly progressing, but I'm not ready to proceed to recommend any given course of action to you at this time. City of Miami Page 146 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: All right, so we need a motion to defer, right? Mr. Fernandez: No. Vice Chairman Sanchez: No. Mr. Fernandez: Well -- Chairman Gonzalez: No? Mr. Fernandez: -- not necessarily. I'll just -- Chairman Gonzalez: All right. Mr. Fernandez: -- bring it back to you at a later meeting. Chairman Gonzalez: Great. DI.3 06-01612 DISCUSSION ITEM Department of PRESENTATION ON THE CITY'S POLICY FOR FUNDING PROJECTS, LOAN Community COLLECTION PROCESS AND FORECLOSURE PROCESS. Development 06-01612 Summary Form .pdf 06-01612 Multi Family Housing .pdf 06-01612 Single Family Rehab Program .pdf 06-01612 Single Family Replacement Program .pdf DISCUSSED Chairman Gonzalez: DI.3 is an item from Community Development. Commissioner Haskins: Is Community Development here? Jorge L. Fernandez (City Attorney): Yes. Pedro G. Hernandez (City Manager): Commissioners, I understand it -- Chairman Gonzalez: All right. Mr. Hernandez: -- that was a report that was going to be given by Barbara Gomez -Rodriguez. Chairman Gonzalez: OK. Can we have someone make a motion to defer this item for the next Commission meeting? Commissioner Regalado: Move it. Chairman Gonzalez: OK. We have a motion to defer this item for the next Commission meeting. Do I hear a second? Mr. Hernandez: Mr. Chairman, I wanted to at least put in the record that there was a report that she prepared, as requested at the last meeting, that was distributed -- Chairman Gonzalez: Oh, there she is. Mr. Hernandez: -- and we were going to do this report in addition to it. City of Miami Page 147 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Chairman Gonzalez: So is the report ready? It's not ready? You're going to work on it? You're working on it or what? Barbara Gomez -Rodriguez (Director, Community Development): It's done. Chairman Gonzalez: It's done? Ms. Gomez -Rodriguez: Yes. Chairman Gonzalez: All right. Go ahead. Ms. Gomez -Rodriguez: OK. Basically, the report that we're presenting to you today -- and you have already been afforded an opportunity with all of the backup -- is basically to explain the different type of programs that the City ofMiami currently runs. The first one that we have for you is our single family program, and basically, the single family program is divided into two. One is our first-time homebuyers program. That one is the one that we provide up to $40, 000 for down payment assistant [sic], and that is the one that we discussed early this morning, where the policy was changed in order to have basically any time that the City Commission de -- any time that one of our City residents decides to move, they would have to be able to move to -- and sell the property to another low-income individual. We provide -- it's from $1, 000 to $40, 000. It is for people that are 80 percent of medium income or below, and basically, the sales price of a house have to be no more than $236, 000. The down payment assistant [sic] is also provided through developers. Developers that do provide homeownership construction, we provided them with loans, and those loans get converted into a second mortgage for the homebuyer. Those loans to developers are not paid back, andl would like basically to go through each program, and if you have any individual questions that you would like to address on a program -by -program, I think that would be beneficial. The other program that we currently have, which is another one that we discussed early this morning, is our single family replacement program, and again, that is a program where we work with Code Enforcement. The houses are demolished. We provide up to $150, 000. It is a first mortgage. It is defer for 30 years. They do not pay it back unless that the house is sold. The household income is 120 percent of medium income, so that can target even higher income individuals, and again, the sales price or the assessed value of the property cannot be more than 236, 000, and the last one that we currently have is our single family program. Our single family program is a rehab program. We provide up to $35, 000. Again, we have different type of funding. It can go as high as 150 percent of medium income. We currently have it up to 120, but being that the Affordable Housing Trust money will be used for this program the same, it can go as high as 150. Again, this has a ten-year affordability period. The loan is a defer forgivable loan, and again, the value of the house cannot exceed 236, 000. One of the things that we currently have in our program is all of our programs currently have mortgages tied to the property, number one. Number two, based on the approval that you -- the resolution that you passed this morning, we will not get -- be getting these dollars back, but we will be selling these property to another low-income buyer, and again, all of our houses are resfricted on income. Developers -- let's talk about developers. Developers do come and apply for grants. It could be through an RFP (Request for Proposals) process or it could be outside an RFP process. There was a resolution done by the City Commission in 2003, where it basically says that, due to the different cycle -- and this was something that Commissioner Gonzalez brought this morning -- the County has a cycle, the City has a cycle, the State has a cycle -- that they can come at any time when the program runs into trouble or a project runs into problem. Again, that money is not paid back to the City. The developers -- the way it works is that every time they close on a unit, those dollars are transferred as a second mortgage to the buyer. They all have resfricted covenant on the property, meaning that if a developer decides, number one, not to build, we do collect our mortgage because they will not be able to do absolutely anything with the project. There is a mortgage on it, so we do collect with interest. There was a policy made last year by this Commission in May 2006 that basically said City ofMiami Page 148 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 that if they defaulted, they -- we have the right to charge them as high interest rate as allowed. Not only that, that they are banned from doing business with the City for five years, and that we will not take the restricted covenant away from the property, so from a develop point of view, those are some of the safeguards that we have installed in some of our program, and basically, those are the three projects that we currently run through Community Development, and I believe Commissioner Haskins had requested that we explain some of the programs that we currently have. If you have any other questions, I'll be more than glad to answer them. Commissioner Haskins: Barbara, how many loans have defaulted since -- loans made since 2002, how many have defaulted? Ms. Gomez -Rodriguez: We had three defaulted loans from three different developers that decided not to build, and the three loans have been collected. Commissioner Haskins: In full? Ms. Gomez -Rodriguez: In full with interest, and the last one, which is when the Commissioner changed the policy -- the first two loans we were able to collect with interest, but we released the restricted covenant. On the last one, we did not release the restricted covenant. Commissioner Haskins: And how many affordable housing units have we delivered, and how many are in the pipeline today? Ms. Gomez -Rodriguez: Currently, we have 2,300 affordable housing unit on the -- in our pipeline. In the last five years, we have delivered an excess of 500 units, and some of the units that are be -- that are coming due this year was based on policy changes that were made three years ago. As we all know, these buildings do not get built just overnight. It's a process of approximately three years from the time that they start to the time that they deliver, so now is when we're seeing the results of policy changes that were made in 2002. We expect to have an additional a thousand units delivered before the year is over. Vice Chairman Sanchez: Any other questions on the item? If not, Madam Director, thank you so much. Ms. Gomez -Rodriguez: You're welcome. Vice Chairman Sanchez: Mr. City Attorney, I do believe that there are no items. We'll go ahead and bring the pocket items at the end of the budget -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- hearing, and at this time, what we'll do, so we can get prepared for the budget hearings, if you would allow us to have a maybe five- to seven -minute recess. We will be back. Thank you. NA.1 06-01655 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL TO CONDUCT A COMPLETE AUDIT OF THE CITY OF MIAMI'S HOUSING PROGRAMS FUNDED WITH HOME INVESTMENT PARTNERSHIPS, STATE HOUSING INITIATIVE PARTNERSHIPS, COMMUNITY DEVELOPMENT BLOCK GRANT, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS, AFFORDABLE HOUSING TRUST, AND OTHER LOANS/GRANTS, FOR THE PERIOD JANUARY, 2000 THROUGH AUGUST, 2006; SAID AUDIT SHOULD INCLUDE AUDIT PROCEDURES TO DETERMINE COMPLIANCE WITH ALL City ofMiami Page 149 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 APPLICABLE RULES AND RESTRICTIONS RELATIVE TO ALL THE PROGRAM FUNDING TYPES PROCESSED AND DISBURSED. 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-06-0520 Chairman Gonzalez: Now we're ready to go into the consent agenda. Are there any items that any of the Commissioners wish to -- Vice Chairman Sanchez: Mr. Chair -- Chairman Gonzalez: -- pull? Yes, sir. Vice Chairman Sanchez: Mr. Chairman, ifI could be recognized. Before we go to the consent agenda, I respectfully request that we bring one item up for the -- to clarify it -- to discuss the item, which was the audit that we -- at the last Commission meeting, we called for an audit on the Community Development -- that item that was put on the agenda that we requested that it be brought back pursuant to Ordinance 12351, adopted April 10, 2003, pertaining to the Department of Internal Audit and Review, which defines the responsibilities, qualifications, and duties of the power of the Internal Audit General. Under -- it is my understanding, for the point of clarification on this item, this item was supposed to be on the agenda. Based on the language in Section 48, which clearly states that that audit should be placed on the agenda, if no action is taken on the agenda, then that audit goes forward. Is that correct, Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes. That's also my understanding. Vice Chairman Sanchez: All right, so therefore, I am requesting this resolution, which will read as follows -- I believe you have been given a copy of it, and I'd like to read it into the record. It's a resolution of the City ofMiami Commission directing the Office of the Independent Auditor General to conduct and complete audit of the City ofMiami housing program funded with Home Investment Partnership, State Housing Initiative Partnership, Community Development Block Grant, Housing Opportunity for Persons with AIDS (Acquired Immune Deficiency Syndrome), Affordable Housing Trust, and other loans and grants, for the period January 2000 through August 2006; said audit should include audit procedures to determine compliance with all applicable rules and restrictions related to all program funding types processed and disbursed. So move -- and therefore, if there's no -- the item -- the resolution has been presented. The only action to be taken is if we don't want to do this audit, then we need to vote it down. If there's no action taken, then it is passed, so therefore -- Chairman Gonzalez: Any comments from any of the Commissioners? Commissioner Haskins: You know what would really like to see as part of this -- because from January 2000 to August 2006, the processes and policies changed significantly in the management of these programs, so if we could make sure that this audit report discusses the changes that were made in policies and procedures and in administrating the -- administering the program for this period of time because -- and what would be the -- and making sure that we are complying with those policies that have been adopted. I would like to see that in here. Vice Chairman Sanchez: All right, and on that, Mr. City Attorney, ifI just wanted to add -- I -- you know, we called for the audit. I wanted to define that audit so the Auditor General had a scope -- broad -- of what we wanted, and basically, having done the procedures that we set forth, I think he has a clear understanding of what we want to accomplish on this audit, so I don't think there's any further action, just that the auditor general can proceed with that audit and report City ofMiami Page 150 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 back to us when it is completed. Chairman Gonzalez: You know, I would like to comment on that, and I don't have any problems with conducting an audit to make sure that Community Development or the housing agency of the City ofMiami is complying with all of the state, federal, local, and the whole nine yard regulations, but let me tell you what I'm afraid of and that is going to happen, and there's no way that we can avoid it. I'm afraid of this audit coming out reporting projects -- and I will be defending that at the time being. They're probably going to come out saying that there are projects that are behind schedule; there are projects that haven't been completed on time, and so on, and so on, and so on, and in order to realize why a project gets delayed and the difficulties that, especially the non -for -profit agencies that build housing in the City ofMiami and the County, the problems that those agencies go through, and sometimes, even the private sector, you have to be very familiar with what it takes to build an affordable housing project and the process that you have to go through. The cycles of funding, the cycles of signing contracts, the cycles of inspections, the approval of building plans, the approval of building permits, you know, is so complicated that, unless you have been involved in building -- and I believe -- I don't know if any of my colleagues have ever been involved in building affordable housing -- I don't think so, but can say that I,, myself built two projects, Fern Isle Garden Condominiums and Ralph Plaza I, and what you have to go through in order to build one of these buildings to come through is incredible. You depend on the County in some issues; you depend on Miami -Dade Water and Sewer, which, in some times, kill these projects and delay these projects by months, and sometimes, by a year or more than a year, and let me tell you. You really, really want to have -- to -- you know, to have the desire of serving others to continue building affordable housing in this city and in this county because it's very -- you know, it's very easy to sit here, as a Commissioner, and say, you know, why -- or as an auditor -- you know, an auditor may know a lot about numbers, may know a lot about revising papers, but they don't have the slightest idea of what it takes to build an affordable housing project. They don't have the slightest idea what it takes to put together a development team, to put together financing, to meet all the requirements of the federal government, the state government, the city government, the county government in order to produce one of these projects, so you know, those are my concerns. I have no problem with having an audit done because, you know, ifI had a problem with that, the Miami Herald would reporting tomorrow that have a special interest on affordable housing or whatever, you know. I mean, they have never built a house, so they have never built anything for the poor people of this city, but they are -- they have a lot of ink and a lot of pens to criticize everyone else, but once again, at the time -- you know, whenever this audit is completed and the results are brought forward, be prepared to hear my presentation on affordable housing because I'm already -- since you -- since the day that you asked for this audit, I've been writing notes to enlight you a little bit, all of you, on what it takes to build affordable housing and what it takes to build a house. I'm just going to give you a very short example. I know we're not on this topic of affordable housing, but just so you have an idea. The community -based organization in Allapattah completed one single-family home two and a half months ago, three months ago, OK. When you're going to build a house or a building, or whatever, the first thing that you need to do is to get a water allocation from Miami -Dade Water and Sewer. They have to write -- give you a letter where it says that you have enough capacity of water for that property, all right. They went through that process, and they got the letter of approval of the water allocation. When the house was completed, they called Miami -Dade Water and Sewer to have the meter installed. At that time, even though it was approved from the beginning of the construction, they were told that they had to increase the water capacity from a half -inch to three quarters of an inch, so that stopped the delivery of the house, OK. It took three months to process the paperwork and to pay the fee that they had to pay -- I think it was $1,500 or something that number, in order to have the capacity increased from half an inch to three quarters of an inch. After all the paper was -- paperwork was completed, after they paid the fee, after everything was done, it took a month to have one person go to the property and install a piece of pipe this long and install a meter. Meanwhile, a family that was qualified to buy the property, that was approved by the bank, that was approved by everyone -- they were ready to close and to move into the property -- they had City ofMiami Page 151 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 been waiting three months to be able to occupy the house, so that's just -- I'm just giving you a little bit, you know, of information on what it takes to build affordable housing. When the time comes, I'm going to tell you what it really takes from the beginning, from the time that you acquire the land to the time that you finally deliver a key to the homeowner, what it takes. Thank you. Vice Chairman Sanchez: Mr. -- Chairman Gonzalez: Yes, Commissioner Regalado. Commissioner Regalado: Mr. Chairman, ifI may. I think it is very important, and I urge you to publish, as the Chair, a white paper that will go parallel with the results of the audit about the problems of affordable housing because what you say is exactly what is going to happen. What is going to happen is that the audit will show that there are projects -- that they are behind, and that will be the headline of the audit, and if you go deeper and read and read, and then you will see that most of the problems are precisely those problems that mostly everyone is having with water and sewer now because they are looking to the future. I know of one project in the City of Miami that it's 85 percent built, and it's stopped because Water and Sewer just decided that they need $300, 000 more to connect the future use of the area with the main line. What this shows is that there will be cost overrun because, somehow, the City is going to have to look for money and help to finish this 85 percent finished project, and it will show, so just for the sake of the truth, or the real truth, I urge you -- because you know. I don't know anything about affordable housing, but you know. You have experience. You need to put in paper those experience. At the time that we're going to release that audit, that blue ribbon or white paper should be attached to the audit so people can understand that, you know, if there is a fault, it's not the City's fault. It's not this Commission; it's not the Community Development agency of the City ofMiami. It's just sometimes that things happen, and like you say, you know, for those people to be waiting for three month, that's a story in a paper. Chairman Gonzalez: That's right. Commissioner Regalado: You know, three month, people have been waiting to move, and that would be the story, but the story should be why -- Chairman Gonzalez: Why. Commissioner Regalado: -- these people are -- Chairman Gonzalez: Exactly. Commissioner Regalado: -- waiting, so I really -- you know, I support the audit because, you know, we had an audit of Community Development a few month ago. Chairman Gonzalez: Right. Commissioner Regalado: I mean, thanks God, it came out clean and beautiful, but you know, the much, the merrier, but we do need to understand, and people need to understand that there is more than what the City can do, and there are many agencies involve, and delays do take place, so I hope that you -- Chairman Gonzalez: I will. I sure will. Thank you. Commissioner Spence -Jones: And Mr. Chairman, I know you -- Commissioner Sanchez -- Chairman Gonzalez: Yes. City ofMiami Page 152 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: -- you have a comment, but -- Vice Chairman Sanchez: No. You (UNINTELLIGIBLE) -- Commissioner Spence -Jones: OK. I just want to add. I mean, again, I have not been in this as long as you have, from the affordable housing side of it, butt have been baptized recently, over the last eight months, just dealing with the Model City Trust issue and trying to get things built, and when you look at it from the outside, sometimes, you know, your viewpoint is, well, why is it not happening, but when you start to really dig down deep, you see that there are a lot of other things that are attached to the reasons why they're not moving, and I think that one of the -- I know, probably, a lot of this is brought on by what's happening in the County at this present time and the need to do it, and by all means, I think that everything should be transparent, and if we've had a audit most recently and we came out pretty clean in that, I think the same thing will happen. I just know, at times, you know, when there's a lot of heat around a particular issue -- which we know this housing issue is that, and we're getting to the point that we're at least becoming able to, at least, stabilize ourselves for -- from a housing development standpoint, that we just -- to have -- you know, to have anything create, you know, the illusion or the sense that we're not doing what we need to do, I just think that it will create an even bigger problem or more difficult -- it becomes more difficult for us to actually build, and my disfrict, especially in District 5, where I have several vacant lots, you know, Liberty City, Little Haiti, Overtown, already I'm being affected by what's happening in the County at this present time with many of the projects that we're funding by way of the City that, a lot of times, is accompanied by dollars that come from the County, and many of those projects that I've now won tax credits from, which is -- think I got seven or eight this go -around, I'm not sure. I think, seven or eight -- six, which is incredible for my disfrict, which means, finally, we're able to get some housing built, but because of all this stuff that's going on in the County now, you know, the match funding that's necessary - - even though some of it may come out that, OK, there's a lot of reasons why things happen the way they happen in the County. I'm not -- I'm going to -- I can't defend or speak on behalf of that. All I know is now I have 4,000 units that are going to be jeopardized because of this issue, and to now add on top of that -- I just have some concerns about it, especially since we have called an audit most recently and we haven't had an issue. By all means, I'm sure my colleagues and all of us agree that we don't -- it's not that we don't want to have it done, butt just think that it's really important that we understand, you know -- and I know -- and you -- listen, you guys should know more so than anything else. I just had the audit done on the Model City Trust, and there were several issues that came out, and once we dig deeper in those, we saw that there were reasons why it was happening that way, but at the end of the day, the ex -director of that -- of the Model City Trust is -- was hung out to dry, you know, just because of the perception that something might have happened wrong, so I just think it's really, really important that whatever decisions we decide to do affect, you know, everything that has to happen in this city, and I just want to put that on the record before we do anything. Chairman Gonzalez: Thank you. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, how do we win the confidence of the people if we don't police ourselves? I think that's the question here. This resolution, which I'm presenting today, is well-defined and within the scope. It clearly has a date -- January 2000 to 2006 -- because we don't want a witch-hunt to go back years -- years and years, when we had so many things that were wrong, but those things have been corrected, but the things that want to know, and the things that we want to know is, if someone participating in HOPWA (Housing Opportunities for Persons with AIDS) program, is there someone participating in that program that should not be participating in that program and taking money away from someone who needs that assistance? Is there anybody who bought, a first-time buyer, and supposed to be living there for 15 years, and sold it in three years and walked away, and deprived somebody else from those benefits? Those are the things that want to find out. These are the things that the taxpayers and the City of Miami Page 153 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 people want to know, and this audit is very well-defined and within the scope, and I think that when it comes back, may the chips land where they land. Chairman Gonzalez: All right. Yes, Commissioner Haskins. Commissioner Haskins: Commissioner Sanchez, I agree with you. I'm really -- I think this audit, we're going to be very proud. I think that, you know, if there are issues there, there are issues there, but, you know, from my knowledge of what we've done in the way of funding of these programs, the delays -- any project delays are projects that are in the ground, they're under construction; some things happen with Water and Sewer Authority or whatever to delay the construction. I'm sure that the Internal Auditor is going to give that a full and fair airing of what caused delays. I think it's an ability for us to learn how we can get -- point the way to making this process more efficient. I'm so glad that we have Pete Hernandez here now because Pete knows all these folks in the County and what we've done to facilitate and streamline the construction of affordable housing from the City's permitting per -- and inspection perspective. Perhaps, we can get the County to join with us and do the same thing to make sure that our projects aren't delayed and to make sure that we have the right people looking at these projects, so that we don't have $300, 000 cost overruns as a result of the County changing their mind. I think that once we have this audit, I think we'll be able to go to the County and show them this and say, look, we figured out how to do things pretty well here. We've had a pretty successful program. I don't think there's been a single default on a loan that's been made since 2003. If there were any issues with them, we've collected all of our money in full. I know that Ann Cashmere, who's on our loan committee, is working with the County in addressing their issues, and she's putting in a lot of the processes and policies that we have here, so she's using us as the standard, so I think that, in this audit, we're going to learn if there were -- if there was an issue where a policy wasn't followed or whatever, you know, sometimes that happens, butt have no great concern of that. I think, more than anything, this gives us the ability to look at how we handle our affordable housing and what can we do better. I think there are some policies that are still in the works. I -- there's one today that is very important for us. It was turned down a while back by the Commission, but we -- you know, it was something that is important, which makes sure that we preserve the low income -- low to moderate income ownership of our houses that prevents flipping of properties, but think that this audit can be very good. I think the structure of it -- that it's loans and grants made between the years 2000 and 2006, that it will look at the policy changes that -- and policy and procedure changes that have been implemented from 2000 to today. I think that's very good news, and I think that, you know, from my discussions with staff and from my knowledge of what's happened, I have -- I'm looking forward to this. I think this is a good thing for the City. Commissioner Spence -Jones: And I just want to add, if you don't mind, Mr. Chairman. I know we don't want to belabor it any longer. I just want to be very clear. For me, it's -- and for the residents I represent, I -- we definitely -- I mean, it's not even an issue about whether or not, you know, we should do an audit. I think that the transparency issue is always very important. I'm just simply saying that -- and I agree with my colleague, Commissioner Regalado, around attaching with it a white paper because I wish I would have done that for the first go -around with the Model City Trust issue because, at the end of the day, you know, when these things come out, we're all affected by it, you know, and -- you know, I had to spend months trying to clean up issues that -- and still trying to clean them up, so I just -- you know, in the midst -- I don't know how long it's going to take. I know, when we did the same thing for Model City, I gave -- I think the auditor's here now -- I thinkl gave them 60 days in the beginning, and it end up being longer than that, so I can only imagine, you know, with all of these various projects and programs that need to be, you know, audited, that it's going to probably take a while to do that. I just -- my biggest concern is I do not want to stop affordable housing from moving ahead, and you know, having all these issues, for whatever reason -- and I agree with you, Linda -- Commissioner Haskins, that you know, if we've had an audit and we came out clean one time, it should be the same thing again, butt just think that we also just need to be mindful of what the outcome, you City of Miami Page 154 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 know, and how it can affect the overall City, and especially those districts that have been waiting a very long time to get projects built within the area, and for the first time, in a long time, over the next two or three years, you're going to be some -- see some projects, at least in my district, and I don't want them stopped, so that's really it. Chairman Gonzalez: All right. All right. Any further discussion? All right. Hearing none -- we need to move to the consent agenda. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Gonzalez: Oh, I'm sorry. We need to vote on -- Mr. Fernandez: Yeah. Chairman Gonzalez: -- the resolution. Mr. Fernandez: And actually, for the record, Mr. Chairman, Commissioner Sanchez, the action that you took last time, in essence, is all that the Code requires, but there is absolutely no harm in having this resolution ratify and confirm that, in fact, the City Commission is requesting of the Auditor General to conduct this audit, and so it would be appropriate for -- Vice Chairman Sanchez: So move. Mr. Fernandez: -- there to be a motion on this resolution confirming and ratifying your earlier - Chairman Gonzalez: All right. Mr. Fernandez: -- discussion of this item. Chairman Gonzalez: We have a motion -- Commissioner Haskins: 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. Motion carries. NA.2 06-01628 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, TO THE MIAMI DREAM TENNIS TEAM THAT OPERATES AT BRYAN PARK, TO CO-SPONSOR THEIR TRIP TO THE USTA JUNIOR TEAM TENNIS NATIONAL TOURNAMENT IN SAN DIEGO, CALIFORNIA; ALLOCATING FUNDS IN THE AMOUNT OF $1,000, FROM THE DISTRICT 4, AND AN AMOUNT OF $1,000 FROM THE DISTRICT 1, SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Regalado, 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 City of Miami Page 155 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 NA.3 06-01661 R-06-0529 Commissioner Regalado: Mr. Chairman, the last thing that I have, it's a motion to approve a $1, 000 from the special events -- Commissioner Spence -Jones: So moved. Commissioner Regalado: -- fund, and I will tell you. Let me explain what is -- what this is about. Vice Chairman Sanchez: From your office account, correct? Commissioner Regalado: Yeah. From the special event -- each office of Commissioner have this special event, and from our allocation, we're spending $1, 000, and on July 28 through July 30, there was a state tournament in Lakeland, Florida, for 100 teams of under 18 advanced from tennis from the state ofFlorida. The winner in the state ofFlorida was the Dream Team in Bryan Park -- of Bryan Park, and the tennis Dream Team from Bryan Park in District 4 in the City ofMiami has been selected to represent the state ofFlorida in the national championship in San Diego, California, beginning October 28. These are area children, and they do not have the means, so with this $1,000, we're helping for their trip to San Diego, California, and of course, this is a donation. They have a tax exemption through the Greater Miami Tennis Foundation, so so move this $1,000. Commissioner Haskins: Second. Chairman Gonzalez: I will -- OK. We have a motion and we have a second. I would like to contribute to that organization with a thousand dollars also from my special events fund. Commissioner Spence -Jones: So moved. Commissioner Regalado: Thank you. Jorge L. Fernandez (City Attorney): So we will make that an amendment to this resolution -- Chairman Gonzalez: That's correct. Mr. Fernandez: -- so that it's only -- Commissioner Regalado: Two thousand dollars -- Mr. Fernandez: -- one resolution. Commissioner Regalado: -- and as the resolution says, the check should be made to the Greater Miami Tennis Foundation, Inc. for the San Diego trip of the Miami Dream Team that, you know, it's 50 teams, 50 states, and one team from a little park from the state of Florida is representing the whole state, and this is the team from the City ofMiami. Thank you, Mr. Chairman. Chairman Gonzalez: All right. You're welcome. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. DISCUSSION ITEM City ofMiami Page 156 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 DISCUSSION RELATING TO PUBLIC ACCESS TO CITY HALL TO PARTICIPATE IN ELECTIONS. DISCUSSED Commissioner Regalado: I know Priscilla is very meticulous in everything that she does. Sometimes I suffer because of her, but I just wanted to mention something. It's not your fault; you weren't here, butt know that you care a lot about the election process, and I read an article in which something really troubled me in terms of the last day of the early voting, people were not able to come into City Hall, and disabled people were not able to vote. In fact, the lady said that she will be probably filing suit because of a disabled person not having access, and it just happened that they decided to clean the lobby and wax the lobby of City Hall. Now I -- you don't schedule the cleanings, but you do schedule the elections, and this is a very serious issue because, here in this country, it's (UNINTELLIGIBLE) one vote, and you know, to lose a vote, and especially when a disabled person cannot vote because there is no access is a pretty serious issue. I mean, I just want to know -- because it's -- we're going to have like two weeks in November, so what can we do so you can do your job? Priscilla A. Thompson (City Clerk): Thank you, Commissioner Regalado. We've already taken care of that, definitely a miscommunication regarding the use of the building for that weekend and the cleaning of the floor. We already have scheduled, for Friday morning at 10 o'clock, a meeting with the Supervisor of Elections from Miami -Dade County. They will be here in this building. We will do a complete walk -around and make sure that everyone is on the same page. I am very particular. I will make sure that we don't have this happen again, and we will not have the communications breakdown that we, unfortunately, experienced on that day, so we have already scheduled that meeting for Friday morning, and we'll have all of that taken care of. Commissioner Regalado: OK. NA.4 06-01664 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A VICE CHAIRPERSON OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY. APPOINTEE: NOMINATED BY: Commissioner Linda M. Haskins Commission at Large 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-06-0557 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Linda Haskins as Vice Chairperson of the Midtown Community Redevelopment Agency. Priscilla A. Thompson (City Clerk): Now, Commissioners, at the same time, she's now serving as the Vice Chair. Since you've moved her on to Chair, do you want to go ahead at this point in time and go ahead and vote on -- Commissioner Spence -Jones: Can I move Commissioner Haskins for Vice Chair? City of Miami Page 157 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 NA.5 06-01662 Commissioner Regalado: 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. Motion carries. Ms. Thompson: Thank you. DISCUSSION ITEM DISCUSSION CONCERNING COST FOR CITY TO PIGGYBACK ON MIAMI-DADE COUNTY SPECIAL ELECTIONS AND DEADLINE FOR SUBMITTING ISSUE FOR BALLOT. DISCUSSED Direction by Commissioner Regalado to the City Clerk requesting the provision of the cost for the City to piggyback on Miami -Dade County's next Special Election, and the deadline for submitting issues for the ballot. Commissioner Regalado: Mr. Chairman, just a brief question to -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- the City Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner Regalado: We are going to have, most likely, a special election in Miami -Dade County February, March, and I wanted to request that you give us information as to the deadlines to place any issue in the ballot, and how much would that be the cost for the City on a municipal election within the special election in Miami -Dade County. Ms. Thompson: So we're talking Charter amendment maybe? Commissioner Regalado: We're talking Charter amendment in Miami -Dade County for the strong mayor form. It will be in February or March of next year, and I'm talking Charter amendment in the City ofMiami and all that. Ms. Thompson: Fine. We'll do that for you. Commissioner Regalado: Thank you. NA.6 06-01663 DISCUSSION ITEM A MOTION WAS MADE BY COMMISSIONER SPENCE-JONES, SECONDED BY VICE CHAIRMAN SANCHEZ, AND WAS PASSED UNANIMOUSLY, REQUESTING THE CITY COMMISSION RECONSIDER ITEM PZ.6, REFERENCE REZONING APPLICATION HEARD AT ITS JULY 27, 2006 CITY COMMISSION MEETING. 06-01663 Submittal Pocket Item -District 5.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, requesting the City Commission reconsider item PZ.6, reference City ofMiami Page 158 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 rezoning application heard at its July 27, 2006 Commission meeting. Commissioner Spence -Jones: Are we done? Are -- you say you -- Vice Chairman Sanchez: Pocket items. Commissioner Spence -Jones: You're going to close out the meeting for pocket -- Chairman Gonzalez: I have pocket items. Commissioner Spence -Jones: I just have two, sir. That's it. Two short ones. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: Make sure I'm doing this right. Jorge L. Fernandez (City Attorney): Are you going now into pocket items? Commissioner Spence -Jones: Yes. Mr. Fernandez: OK. Commissioner Spence -Jones: All right. The first one is a pocket item that I have, and I don't know if the -- if -- you want to step up to --? OK. I'm -- I guess I'm doing this right, Mr. Chairman. I want to -- there's -- I would like to make a motion for reconsideration of rezoning item -- a rezoning item, PZ.6, heard before the City Commission on July 27. I hereby move that the Commission reconsider this zone -- this rezoning application, which was heard, in connection -- Commissioner Haskins: Is this 1950? Commissioner Spence -Jones: Yes. Can you believe it? See. Let me say -- see, the power of being able to sit down and work through it. The residents are -- Commissioner Haskins: Isn't that exciting? Commissioner Spence -Jones: Yes. Commissioner Haskins: OK. Commissioner Spence -Jones: Yes, so we were able to do that, and I just -- I guess I had to bring it back. The project is located at 1950 Northwest 1st Avenue. The residents met today -- many of them met today with the client -- with your client -- or with you. Patrick Range, Jr: Correct. Vice Chairman Sanchez: Motion to approve. Commissioner Spence -Jones: Yeah, that's what I said. Motion -- Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Oh, motion to reconsider. Vice Chairman Sanchez: Second. City of Miami Page 159 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. Commissioner Haskins: Can I third it? Vice Chairman Sanchez: Huh? Commissioner Haskins: Can I third it? Vice Chairman Sanchez: Yeah, you can -- somebody four it and -- Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: Is that it? Mr. Range: Thank you. "[Later...]" Vice Chairman Sanchez: All right. Wait, wait, wait, wait, wait. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: I got one question. Mr. City Attorney -- Commissioner Spence -Jones: Sure. Vice Chairman Sanchez: -- the motion to reconsider that she made, is that legal? Mr. Fernandez: Well, I'll let Ms. Chiaro, who handle the item, address it. Commissioner Spence -Jones: They told me it was. Mr. Fernandez: No. I -- Ms. Chiaro. Commissioner Spence -Jones: I want to make sure. Maria J. Chiaro (Assistant City Attorney): A motion to reconsider may be brought at the next regular City Commission meeting -- Vice Chairman Sanchez: Oh. Ms. Chiaro: -- and this is the regular meeting that you had after July 27. Vice Chairman Sanchez: All right, so -- Ms. Chiaro: This is -- City of Miami Page 160 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 Vice Chairman Sanchez: -- it stands as it is, based on your opinion. Chairman Gonzalez: Then it's legal. Vice Chairman Sanchez: All right. Chairman Gonzalez: I thought you had -- I had the understanding that you had to brought it -- bring it back within 30 days. Ms. Chiaro: It's the next regular meeting, is what the Code says. Chairman Gonzalez: Well -- which is 30 days. All right. NA.7 06-01656 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER AND THE ADMINISTRATION TO COLLABORATE WITH THE MIAMI-DADE HOUSING AGENCY REGARDING PROSPECTIVE INFRASTRUCTURE IMPROVEMENTS TO LIBERTY SQUARE IN LIBERTY CITY, MIAMI, FLORIDA, INCLUDING BUT NOT LIMITED TO, TRAFFIC CALMING (STREET CLOSURES, TRAFFIC CIRCLES, SPEED TABLES, ETC.), ADDITIONAL PARKING, PLAYGROUND AREAS, TREE PLANTINGS AND DRAINAGE; FURTHER DIRECTING THAT THE COMMUNITY'S INPUT BE SOUGHT BEFORE FINALIZING ANY RECOMMENDATIONS. 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-06-0554 Commissioner Spence -Jones: Right, and then the last one -- Commissioner Haskins: Thanks a lot. Commissioner Spence -Jones: I'm sorry, and the last one is -- and I'm done because I know you need to go home. There's a resolution -- you should have a copy right now. Last night, after the -- all the shootings that have happened and taken place in Liberty Square -- do you have a copy of this reso (resolution)? Does everybody have a copy? Chairman Gonzalez: No. Which one is that? Read it, read it. Don't worry about it. Commissioner Spence -Jones: OK. A resolution of the City ofMiami Commission directing the City Manager and the Administration to collaborate with the Miami -Dade Housing Agency regarding infrastructure improvements to Liberty Square in Liberty City for additional parking and playground areas. Basically, this is public right-of-way Mary's been working on with us. She went out with us last night. It was a great meeting. We just want to transfer -- correct? Am I saying this right, Mary? Mary Conway (Chief of Operations): Yes. Commissioner Spence -Jones: OK, so I just -- motion to -- NA.8 06-01653 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 161 Printed on 10/10/2006 City Commission Meeting Minutes September 12, 2006 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 $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. 06-01653 Exhibit.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-06-0553 Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, I have a resolution from the Police Department. It's a resolution of the City ofMiami Commission, with attachments, establishing a new special revenue fund entitled FY (fiscal year) 206, [sic], Edward Byrne Memorial -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- Justice Grant. It's accepting a grant for -- Chairman Gonzalez: It's accepting a grant. Vice Chairman Sanchez: -- $433,731. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Any other pocket items? Motion to adjourn. Commissioner Haskins: So moved. Chairman Gonzalez: All right. City ofMiami Page 162 Printed on 10/10/2006