HomeMy WebLinkAboutCC 2006-10-12 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, October 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 October 12, 2006
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting.
"[Later...]" refers to discussions that were interrupted and later continued.
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City Commission
Meeting Minutes October 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 October 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 9:24 a.m., recessed at
12:33 p.m., reconvened at 2:35 p.m., and adjourned at 4:47 p.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Pedro G. Hernandez, City Manager
Pamela Burns, Assistant City Clerk
Chairman Gonzalez: Well, good morning, ladies and gentlemen. We're going to commence with
this City Commission of October 12, 2006. Welcome to the October 12, 2006 meeting of the City
ofMiami City Commission in this historic chambers. The members of the City Commissions -- 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, Julie Bru, Deputy City Attorney, and Pamela Burns, Assistant
City Clerk. We're going to start with a prayer by Commissioner Sanchez, and the pledge of
allegiance by Commissioner Regalado.
Prayer and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 06-01798 CEREMONIAL ITEM
Name of Honoree
Presenter Protocol Item
American Cancer Society Mayor Diaz Proclamation
Outstanding Breast Cancer Survivors Mayor Diaz Merit Awards
Lights on After School Day Mayor Diaz Proclamation
Firefighter Appreciation Week Mayor Diaz Proclamation
Luis Carbonell Vice Chair Sanchez Outstanding Service Recognition
Antonio Garrandes Vice Chair Sanchez Outstanding Service Recognition
Aspira of Florida Volunteers Commissioner Haskins Certificates
06-01798 Cover Page.pdf
06-01798 Protocol List.pdf
PRESENTED
1. Mayor Diaz presented the American Cancer Society and Debbie Curtin with a Proclamation
to recognize their tremendous efforts in breast cancer awareness, declaring October 12, 2006
"Think Pink Day" in the City ofMiami.
2. Mayor Diaz presented Merit Awards to outstanding breast cancer survivors, Judy Orr,
Deborah Buchanan -Dixon, Hazel Bethel, Carla Hill, Karen Mock, Monica Haskins, Debbie
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City Commission
Meeting Minutes October 12, 2006
MAYORAL VETOES
Curtin, Margarita Rodriguez, Elizabeth Chacon, Andrea Ivory, and Ada Rojas.
3. Mayor Diaz presented Robin Prendes with a Salute as the winner of the Sea Final at the
Junior Rowing World Championship in Amsterdam, Netherlands, August 2 through August 5,
resulting in the highest finish by a United States single at the Junior World Championship in the
last ten years; the first Floridian to represent the United States in the history of this event.
4. Mayor Diaz presented a Proclamation to the International Association of Firefighters for
meritorius service during the 2005 "Fill the Boot" campaign, where they raised over $2 million
toward the effort to alleviate the devastating effect of muscular disorders; thus, declaring this
week "Firefighter Appreciation Week" in the City ofMiami.
5. Commissioner Sanchez presented Antonio Garrandes and Luis Carbonell with Outstanding
Service Recognition awards for going beyond the call of duty and showing outstanding valor
during the September 27 fire emergency in a house located in Little Havana.
6. Commissioner Haskins presented Certificates to Aspira of Florida Volunteers, Maria Coto,
Carmelo Pacheco, Andre Mercado, Flor Coto, Jose Reyes, Melanie Reyes, Brenda Sanchez,
Ashley Bondswell, Amanda Mora, Cynthia Cruz, Juan Carlos Rivera, Jose Muniz, and Cristina
Bonlindenberg, for their participation in the Roberto Clemente Park cleanup.
Chairman Gonzalez: All right. We're going to begin with the presentations and proclamations.
I believe that Mayor has some proclamation. Good morning, Mr. Mayor.
Presentations made.
NO MAYORAL VETOES
Chairman Gonzalez: According to a red -line memo that I have from the Clerk's Office, we have
no vetoes from the Mayor's Office, is that correct? Let the record reflect that.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Haskins, seconded by Commissioner Sanchez, to APPROVED
PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
Chairman Gonzalez: We need to -- a motion to approve the minutes of a special Planning &
Zoning meeting of September 7, 2006, also the regular meeting of September 12, 2006, and the
first budget hearing of September 12, 2006.
Commissioner Haskins: So moved.
Vice Chairman Sanchez: So moved -- second.
Chairman Gonzalez: We have a motion and we have a second. All the fav -- all in favor, say
"aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
ORDER OF THE DAY
Chairman Gonzalez: All right. We will now begin the regular meeting, and the City Attorney
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City Commission
Meeting Minutes October 12, 2006
will state the procedure to be followed during this meeting. Good morning --
Julie O. Bru (Deputy City Attorney): Thank you --
Chairman Gonzalez: -- Madam City Attorney.
Ms. Bru: -- Mr. Chairman and members of the Commission. Any person who is a lobbyist must
register with the City Clerk before appearing in front of the City Commission. A copy of the
Code section about lobbyists is available in the City Clerk's office. The material in connection
with each item appearing on the agenda is available for inspection during business hours at the
City Clerk's office, and also online at www.miamigov.com. Formal action may be taken on any
item discussed or added to this agenda. All decisions of the City Commission are final, except
that the Mayor may veto certain items approved by the City Commission within ten calendar
days of the Commission action. The Commission may override such veto by a four fifth vote.
Anyone wishing to appeal any decision made by the City Commission for any matter considered
at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely
no cell phones, beepers, or other audible sound or ringing devices are permitted in the
Commission chambers. Please silence these devices 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 outbursts 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 hearings"
portion of the agenda and on items where public input is solicited. Persons wishing to speak
should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk
their names. At the time the item is heard, persons who will speak should approach the
microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and
services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion
of deliberations of the agenda item being considered at noon. The meeting will end at the
conclusion of deliberations of the agenda item being considered at 10 p.m. or at the conclusion
of the regularly scheduled agenda, whichever occurs first. The items will be heard in the
numbered sequence on the agenda, except for items PH.4 and PH.5, which will begin after 10:30
a.m. For the record, the following items are substituted, CA.5, CA.18, CA.19, PH.3, SR.1, SR.4,
SR.5, and RE.4, and also, just for the record, CA.5 and CA.19 have already been distributed to
the Commissioners. These are grant agreements with the State of Florida that needed to be
reworded so as to provide for reinstatement, instead of an extension. CA.18, there's no need to
redistribute. It's just a scrivener's error, and it's being substituted just for form and correctness.
SR.4 and SR.5 will be distributed by the Office of the City Attorney, and these are cleanups of
ordinances that are amending the provisions of the Overtown Oversight Board and the Liberty
City Board. RE.4 will be disfributed by the Department of Capital Improvements, and it's a
substitution of an attachment, which is the actual agreement that's being entered into, and also,
it was substituted just to provide for tightening up of the language and cleanup; and PH.3 is a
plat that will be disfributed by the Department of Public Works.
Chairman Gonzalez: All right.
Ms. Bru: Thank you, Mr. Chairman.
Chairman Gonzalez: Thank you.
CONSENT AGENDA
CA.1 06-01673 RESOLUTION
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City Commission
Meeting Minutes October 12, 2006
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
Parks and SPECIAL REVENUE FUND ENTITLED: "CITY OF MIAMI PROGRAMS FOR
Recreation PERSONS WITH DISABILITIES AFTERSCHOOL PROGRAM" AND
APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $53,934.46,
CONSISTING OF A GRANT AWARD RECEIVED FROM THE MIAMI-DADE
COUNTY, OFFICE OF AMERICANS WITH DISABILITIES ACT
COORDINATION 2005-2006 GRANT FUND; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID
GRANT AWARD; ALLOCATING THE CITY OF MIAMI'S REQUIRED
MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $53,934.46, FROM
THE DEPARTMENT OF PARKS GENERAL FUND.
06-01673 Legislation .pdf
06-01673 Summary Form.pdf
06-01673 Letter .pdf
06-01673 Parks and Recreation .pdf
06-01673 Memo .pdf
06-01673 Check Request .pdf
06-01673 ITD Document .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0579
CA.2 06-01674 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), ACCEPTING THE BID OF M.E.F. CONSTRUCTION, INC.,
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO
INVITATION FOR BIDS NO. 05-06-095, RECEIVED AUGUST 8, 2006, FOR
THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPAIR PROJECT,
PHASE 29 (SECOND BIDDING), B-43114A," FOR AN INITIAL TERM OF
ONE-YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $917,000, WITH
FOUR (4) OPTIONS TO RENEW THE TERM, EACH FOR AN ADDITIONAL
ONE (1) YEAR PERIOD, IN THE CITY'S DISCRETION AND SUBJECT TO
AVAILABILITY OF FUNDING AND CONTRACTOR'S PERFORMANCE;
ALLOCATING FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO.
341330, IN THE AMOUNT OF $917,000 TO COVER THE CONTRACT COST
AND $30,000 TO COVER THE ESTIMATED PROJECT EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $947,000; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR SAID PROJECT.
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Meeting Minutes October 12, 2006
Votes:
CA.3 06-01675
Department of
Parks and
Recreation
06-01674 Legislation.pdf
06-01674 Exhibit .pdf
06-01674 Exhibit 2 .pdf
06-01674 Exhibit 3 .pdf
06-01674 Exhibit 4 .pdf
06-01674 Exhibit 5 .pdf
06-01674 Summary Form.pdf
06-01674 Bid Form .pdf
06-01674 Pay Item Description.pdf
06-01674 Questionaire.pdf
06-01674 License.pdf
06-01674 License Tax .pdf
This Matter was ADOPTED on the Consent Agenda.
Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0580
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), ACCEPTING TWO GRANT AWARDS, IN AN AMOUNT
NOT TO EXCEED $400,000, FROM THE STATE DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM ("FRDAP"), CONSISTING OF A
GRANT AWARD IN THE AMOUNT NOT TO EXCEED $200,000, FOR POOL
BUILDING IMPROVEMENTS AT CURTIS PARK (PROJECT B-35806) AND AN
AMOUNT NOT TO EXCEED $200,000, FOR BASEBALL FIELD
IMPROVEMENTS AT HADLEY PARK (PROJECT B-35883); AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANTS; FURTHER RATIFYING
THE EXECUTED AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SAID GRANTS; ALLOCATING THE CITY OF MIAMI'S
REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $400,000, FROM THE
HOMELAND DEFENSE BOND FUNDS SERIES 2, CAPITAL IMPROVEMENT
PROJECT NO. 331419.
06-01675 Legislation.pdf
06-01675 Exhibit.pdf
06-01675 Exhibit 2 .pdf
06-01675 Exhibit 3 .pdf
06-01675 Exhibit 4 .pdf
06-01675 Exhibit 5 .pdf
06-01675 Exhibit 6 .pdf
06-01675 Exhibit 7 .pdf
06-01675 Exhibit 8 .pdf
06-01675 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
CA.4 06-01676
R-06-0581
RESOLUTION
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City Commission
Meeting Minutes October 12, 2006
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
Technology INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH BROWARD COUNTY, ON BEHALF OF THE BROWARD SHERIFFS
OFFICE, FOR THE PURPOSE OF ESTABLISHING AND OPERATING A
DISASTER RECOVERY SITE, FOR A ONE-YEAR PERIOD, WITH THE
OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE-YEAR PERIODS.
06-01676 Legislation .pdf
06-01676 Exhibit .pdf
06-01676 Summary Form .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0582
CA.5 06-01677 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT TO REINSTATE WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("DEP") IN ORDER TO REINSTATE AND
AMEND DEP AGREEMENT NUMBER CZ603, WHICH AGREEMENT
PROVIDED THE CITY OF MIAMI $50,000, IN GRANT FUNDS, FOR THE
DEVELOPMENT OF A MASTER PLAN FOR VIRGINIA KEY ("PROJECT")
AND TO EXTEND THE REIMBURSEMENT PERIOD THROUGH THE
DURATION OF THE PROJECT TO A COMPLETION DATE OF JUNE 30,
2007.
06-01677 Legislation.pdf
06-01677 Exhibit SUB.pdf
06-01677 Exhibit 2 pdf.pdf
06-01677 Summary Form.pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0610
Chairman Gonzalez: OK, Commissioner Jones [sic], CA.5.
Commissioner Spence -Jones: Thank you, Mr. Chairman. It's really more of a question on CA.5
for the Virginia Key Beach master plan.
Vice Chairman Sanchez: No, that's 8. That's CA.8.
Commissioner Spence -Jones: No, it's not. CA.5, Virginia Key -- the Virginia Key.
Vice Chairman Sanchez: That's the environmental.
Commissioner Spence -Jones: Right, but it's -- I'm asking in re -- about something about the
master plan.
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Meeting Minutes October 12, 2006
Commissioner Sanchez: Oh, OK, OK.
Commissioner Spence -Jones: Mr. Manager --
Vice Chairman Sanchez: Both items are for the Virginia Key, right?
Commissioner Spence -Jones: Yeah, they both are.
Vice Chairman Sanchez: 5 and 8? OK.
Pedro G. Hernandez (City Manager): Yes.
Commissioner Spence -Jones: Um -hum. I just have a quick question. I know we had a
discussion, along with Capital Improvements, regarding the issue of Virginia Key, not
necessarily about this particular agreement, butt know that, over the last six or seven months --
which you have not been here, but we have had discussions most recently, and I just want to
make sure that we're moving in the direction of having -- I want to have a clear understanding of
what's happening with the master plan, even though it is in Commissioner Haskins' district, I'm
really more concerned about the Virginia Key Beach Park Museum, more so than anything else,
and making sure that there is, you know, some sort of connection going on between both the
master plan planners and the Virginia Key Beach Trust, so my question really is -- which I can
really handle both, CA.8 -- 5 and 8 together -- I had asked the -- a couple of months ago about a
planner be involved to work along with these new architects at this point that are going to come
onboard to develop the new museum. My concern, like I said in the last meeting, was that I don't
want to create a museum -- and I've talked to Mr. Shorter about this already -- that becomes a
white elephant on the beach. It has to be a revenue generator. Now we're approving an
agreement -- which I don't have a problem with because I do want the Trust to move ahead, but I
want to make sure that whoever the architects are that are going to be -- that's going to be
actually doing the building understand that they need to create something that's going to create
revenue, so I'm asking, once again, on the record, please, please help us identify someone that
could work along -- even if it's a staffer, if that's what it's going to be, that can work along with
the planners to identify other museums or other things that can be done to create revenue
because, if not, we're going to have a nice, great building, and eventually, we'll have, you know -
- the excitement will wear off so I just want to know from you that we're moving in that
direction.
Mr. Hernandez: Commissioner, we're definitely moving in that direction. We want to be sure
that we have a realistic project that can be built and can be maintained, and I believe the Trust
also understands that we'll provide the necessary staffing support for those activities to be well
planned and integrated with the master plan, and we'll work with the Trust to ensure that
happens.
Commissioner Spence -Jones: Have we reached out to them since our last discussion on this
item?
Mr. Hernandez: I believe so, yes.
Commissioner Spence -Jones: Mr. Shorter -- so you guys -- that connection has happened?
They've identified a planner or someone to work along with you guys?
David Shorter: Yes, ma'am. David Shorter, Virginia Key Beach Park Trust. Yes, ma'am. We
have -- we're beginning to work together to formulate some kind of format to make sure that this
design is a funds -generating design.
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Meeting Minutes October 12, 2006
Commissioner Spence -Jones: OK. Ms. -- Commissioner Haskins, it is within your district. I
mean, I know you probably feel the same way, correct?
Mr. Shorter: So does the Trust, ma'am. The Trust --
Commissioner Spence -Jones: OK.
Mr. Shorter: -- is --
Commissioner Spence -Jones: Just want to make sure.
Mr. Shorter: -- determined to make sure that it generates some type offunds and becomes
self-sustaining over a five-year period.
Commissioner Spence -Jones: OK. No problem. Thank you.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: That's it.
Chairman Gonzalez: Any further discussion?
Vice Chairman Sanchez: That's on CA.5?
Commissioner Spence -Jones: I just handled CA.5, Mr. Chairman, and 8 at the same time. Did
you --?
[Later..]
Chairman Gonzalez: We have --
Commissioner Spence -Jones: So moved.
Chairman Gonzalez: -- a motion and we have a second on CA.5. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
[Later..]
Chairman Gonzalez: All right.
Pamela Burns (Assistant City Clerk): And for the record, CA.5 is modified with a substitution?
Chairman Gonzalez: As modified then.
CA.6 06-01683 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 THREE CITY OF MIAMI OWNED PARCELS OF
tation LAND, AS 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
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City Commission
Meeting Minutes October 12, 2006
EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE.
06-01683 Legislation .pdf
06-01683 Exhibit.pdf
06-01683 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0583
CA.7 06-01684 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE AN
Improvement AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
Programs/Transpor MIAMI-DADE WATER AND SEWER DEPARTMENT, FOR THE PROVISION
tation OF WATER AND SANITARY SEWER SERVICES FOR THE JOSE MARTI
GYMNASIUM PROJECT B-35857.
06-01684 Legislation.pdf
06-01684 Exhibit .pdf
06-01684 Exhibit 2 .pdf
06-01684 Exhibit 3 .pdf
06-01684 Exhibit 4 .pdf
06-01684 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0584
CA.8 06-01685 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
Capital RECOMMENDATION OF THE CITY MANAGER AND THE VIRGINIA KEY
Improvement BEACH PARK TRUST ("TRUST") APPROVING THE FINDINGS OF THE
Programs/Transpor EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR
tation QUALIFICATIONS NO. 05-06-081, THAT THE FIRMS MOST QUALIFIED TO
PROVIDE PROFESSIONAL DESIGN SERVICES FOR THE " HISTORIC
VIRGINIA KEY BEACH PARK MUSEUM, PROJECT NO. B-30508," IN RANK
ORDER ARE: (1) BEA INTERNATIONAL/HUFF AND GOODEN ARCHITECTS,
LLC, (2) FREELON/JUDSON, AND (3) OLSON SUNDBERG KUNDIG ALLEN
ARCHITECTS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE TRUST TO NEGOTIATE AN AGREEMENT WITH BEA
INTERNATIONAL/HUFF AND GOODEN ARCHITECTS, LLC, THE
HIGHEST -RANKED FIRM; FURTHER AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE TRUST 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 AND THE TRUST TO PRESENT THE NEGOTIATED
AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND
APPROVAL.
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06-01685 Legislation .pdf
06-01685 Summary Form .pdf
06-01685 Memo .pdf
06-01685 Memo 2 .pdf
06-01685 Memo 3 .pdf
06-01685 Memo 4 .pdf
06-01685 Evaluation Ranking Form.pdf
06-01685 Virginia Key Legislation .pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0609
Vice Chairman Sanchez: All right. I have a question on CA.8 --
Commissioner Spence -Jones: OK.
Vice Chairman Sanchez: -- that was brought up. Just for the point of clarification. There's been
some confusion on CA.8, and the question thatl have is, who would be overseeing the hiring of
the architect? Is it going to be the Trust or is it going to be management, or both working
together?
Pedro G. Hernandez (City Manager): Commissioner, it's actually our responsibility. It's my
responsibility, the Administration's responsibility, working with the Trust --
Vice Chairman Sanchez: All right.
Mr. Hernandez: -- so it's not -- I think that the confusion may be that the wording there may
indicate that it was just the Trust. It's actually the City Manager's responsibility, the
Administration, but working with them together.
David Shorter: It's the Trust's understanding that it's a partnership between the City and the
Trust, and we are -- we're willing to work in a partnership to make sure --
Vice Chairman Sanchez: So let's just --
Mr. Shorter: -- this happens.
Vice Chairman Sanchez: -- say it's a joint participation.
Mr. Shorter: Yes, sir. Yes, Commissioner.
Vice Chairman Sanchez: OK. I just wanted to clarify, and the other question that have is, you
know, we're all looking forward to that, but the question here is, since we're in an open
discussion, how much is a museum is going to cost us, and you know, do we have a commitment
already from the County?
Mr. Shorter: Commissioner, there is $15.5 million from the County and another $5 million from
convention development tax, so there's $20 million available to us now to help build this
museum, yes.
Vice Chairman Sanchez: OK, so the funding is there?
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Commissioner Spence -Jones: Yes.
Mr. Shorter: Yes, sir.
Vice Chairman Sanchez: That's all --
Mr. Hernandez: Yes.
Vice Chairman Sanchez: -- that I wanted. I wanted to get that out of the way so we're not here
seven months down the road inquiring as to fundings [sic] because we've seen a constant change
on some of the CIP (Capital Improvements Program) projects that is a concern to me.
Mr. Shorter: Yes, Commissioner.
Vice Chairman Sanchez: All right.
Commissioner Spence -Jones: Thank you, Mr. Shorter.
Chairman Gonzalez: All right. Any further discussion?
Vice Chairman Sanchez: No further discussion. I'll second the motion to approve both CA.5
and CA.8.
Chairman Gonzalez: All right. We have a motion and a second on CA.5 and CA.8. All in favor,
say "aye."
Pamela Burns (Assistant City Attorney): Excuse me. We would need separate votes --
Commissioner Spence -Jones: OK.
Chairman Gonzalez: We need separate --
Ms. Burns: -- for each of those.
Chairman Gonzalez: -- votes? OK.
Ms. Burns: Yes, sir.
[Later..]
Chairman Gonzalez: We also have a motion and a second on CA.8. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
CA.9 06-01687 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE AN
Improvement AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
Programs/Transpor MIAMI-DADE WATER AND SEWER DEPARTMENT, FOR THE PROVISION
tation OF WATER AND SANITARY SEWER SERVICES, FOR THE LITTLE HAITI
PARK CULTURAL CAMPUS, PROJECT B-30295.
City ofMiami Page 13 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
Votes:
CA.10 06-01688
Department of
Fire -Rescue
06-01687 Legislation .pdf
06-01687 Exhibit .pdf
06-01687 Exhibit 2 .pdf
06-01687 Exhibit 3 .pdf
06-01687 Exhibit 4 .pdf
06-01687 Summary Form .pdf
This Matter was ADOPTED on the Consent Agenda.
Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0585
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
RECEIVED JULY 24, 2006, PURSUANT TO INVITATION FOR BIDS NO.
05-06-028, FROM MQ POWER, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, FOR THE PURCHASE OF PORTABLE
GENERATORS AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE
RESCUE, IN AN AMOUNT NOT TO EXCEED $53,256.92; ALLOCATING
FUNDS FROM THE URBAN AREA SECURITY INITIATIVE FISCAL YEAR
2004, ACCOUNT CODE NO. 110143.280911.6.840.
06-01688 Legislation.pdf
06-01688 Summary Form.pdf
06-01688 Memo.pdf
06-01688 Award Recommendation Form.pdf
06-01688 Tabulation of Bids.pdf
06-01688 Bid Security List.pdf
06-01688 Bid Response Form.pdf
06-01688 Bid Specifications.pdf
06-01688 Addendum no. 1.pdf
06-01688 WhisperWatt 70.pdf
06-01688 Tandem Axle Trailer.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
CA.11 06-01689
Department of
Public Works
R-06-0586
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BIDS RECEIVED APRIL 5, 2006, PURSUANT TO INVITATION FOR
BIDS NO. 05-06-040, FROM ENVIRONMENTAL PRODUCTS OF
FLORIDA CORP., BOBCAT OF METRO-DADE INC., SSES, INC., D/B/A
SOUTHERN SEWER EQUIPMENT SALES, FOR THE PURCHASE OF
VACUUM TRUCKS, SKID STEER LOADERS, MOBILE CONCRETE
MIXER, PORTABLE CONCRETE SILO, CHIP DUMP BODY TRUCKS,
AND MINI VACUUM TRUCKS, FOR THE DEPARTMENT OF PUBLIC
WORKS, IN A TOTAL AMOUNT NOT TO EXCEED $780,448.61;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT
BUDGET CODE NO. 352216.319201.6.840, PROJECT NO. B-30156.
City ofMiami Page 14 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
06-01689 Legislation .pdf
06-01689 Summary Form.pdf
06-01689 Award Recommendation Form.pdf
06-01689 Bid Tabulation Sheet.pdf
06-01689 Award Sheet .pdf
06-01689 Bid Tabulation Sheet 2 pdf.pdf
06-01689 Bid Security List .pdf
06-01689 Bid Response Form.pdf
06-01689 Letter pdf.pdf
06-01689 Letter 2 pdf.pdf
06-01689 Specification Proposal.pdf
06-01689 Enviromental Products .pdf
06-01689 Parts List .pdf
06-01689 Schematic.pdf
06-01689 Vacuum Performance.pdf
06-01689 Letter 3 pdf.pdf
06-01689 Vactor Warranty pdf.pdf
06-01689 Occupational License.pdf
06-01689 Addendum 1 .pdf
06-01689 Addendum 2 .pdf
06-01689 Bid Response Form 2 .pdf
06-01689 Inter Local Certification.pdf
06-01689 Occupational License 2 .pdf
06-01689 Standard Equipment.pdf
06-01689 Selected Options .pdf
06-01689 Letter 4 pdf.pdf
06-01689 Schematic 2.pdf
06-01689 Vacuum Performance 2 .pdf
06-01689 Letter 5 pdf.pdf
06-01689 Vactor Warranty 2 pdf.pdf
06-01689 7600 SFA 6x4 .pdf
06-01689 Specifications.pdf
06-01689 Letter 6 pdf.pdf
06-01689 Addendum 3 .pdf
06-01689 Addendum 4 .pdf
06-01689 Bid Response Form 3 .pdf
06-01689 Special Limited Time Factory Offer.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0587
CA.12 06-01690 RESOLUTION
Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Waste RECEIVED AUGUST 9, 2006, PURSUANT TO INVITATION FOR BIDS NO.
05-06-098, FROM REHRIG PACIFIC COMPANY, FOR THE PURCHASE OF
18-GALLON RECYCLING BINS CITYWIDE, TO BE PRIMARILY UTILIZED BY
THE SOLID WASTE DEPARTMENT AND ANY OTHER END -USER
DEPARTMENT OR AGENCY, ON AN AS -NEEDED, CONTRACT BASIS, FOR
City ofMiami Page 15 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR
THREE (3) ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO BUDGETARY
APPROVAL AT THE TIME OF NEED.
06-01690 Legislation .pdf
06-01690 Summary Form.pdf
06-01690 Award Recommendation Form.pdf
06-01690 Tabulation of Bid.pdf
06-01690 Bid Security List.pdf
06-01690 Invitation to Bid.pdf
06-01690 Bid Response Form.pdf
06-01690 Policy Statement.pdf
06-01690 Office Location Affidavit.pdf
06-01690 Certificate of Registration.pdf
06-01690 Otto Enviromental System.pdf
06-01690 Letter.pdf
06-01690 Bid Response Form 2 .pdf
06-01690 Specifications for Container.pdf
06-01690 Rehrig Pacific Containers.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0588
CA.13 06-01691 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND FOR
Recreation FISCAL YEAR 2006-2007 ENTITLED: "CHILD DAY CARE FOOD PROGRAM"
AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $61,743,
CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS
FROM THE FLORIDA DEPARTMENT OF HEALTH ADMINISTERING FUNDS
FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE;
AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT
FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR THE OPERATIONS OF A YEAR ROUND FOOD SERVICE PROGRAM
FOR PRESCHOOL AGED CHILDREN IN CITY PARKS; FURTHER
AUTHORIZING CONDITIONS AS STATED HEREIN.
06-01691 Legislation.pdf
06-01691 Exhibit.pdf
06-01691 Exhibit 2 .pdf
06-01691 Exhibit 3 .pdf
06-01691 Exhibit 4 .pdf
06-01691 Exhibit 5 .pdf
06-01691 Exhibit 6 .pdf
06-01691 Exhibit 7 .pdf
06-01691 Exhibit 8 .pdf
06-01691 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
City ofMiami Page 16 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
R-06-0589
CA.14 06-01694 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ESTABLISHING A NEW
Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA DEPARTMENT
OF FINANCIAL SERVICES, DOMESTIC PREPAREDNESS GRANT,"
CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF
FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL, IN AN
AMOUNT NOT TO EXCEED $89,569.55, FOR THE PURPOSE OF TRAINING
IN STATE FIRE MARSHAL APPROVED URBAN SEARCH AND RESCUE
TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AWARD, AND TO EXECUTE THE NECESSARY DOCUMENTS
TO IMPLEMENT SAID GRANT.
06-01694 Legislation.pdf
06-01694 Email .pdf
06-01694 Email 2 .pdf
06-01694 Email 3 .pdf
06-01694 Summary Form .pdf
06-01694 Memo of Understanding .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0590
CA.15 06-01695 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ESTABLISHING A NEW
Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "EMS MATCHING GRANT AWARD -
M6136 RESQPOD (FISCAL YEAR 2006-07)," IN AN AMOUNT NOT TO
EXCEED $26,700, CONSISTING OF A GRANT APPORTIONED BY LOCAL
AGENCIES FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH,
BUREAU OF EMS ORGANIZATIONS, "FLORIDA EMERGENCY MEDICAL
SERVICES ("EMS"), IN THE AMOUNT OF $20,025, AND MATCHING FUNDS
FROM THE CITY OF MIAMI ("CITY"), IN AN AMOUNT NOT TO EXCEED
$6,675; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS, FROM
THE CITY'S SPECIAL REVENUE FUND, PROJECT NO.
001000.920709.9.956, FOR THE PERIOD BEGINNING FISCAL YEAR
2006-2007; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO
IMPLEMENT AND COMPLY WITH SAID GRANT.
06-01695 Legislation .pdf
06-01695 Summary Form.pdf
06-01695 Letter.pdf
06-01695 EMS Grant Application.pdf
06-01695 Request For Grant .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
City ofMiami Page 17 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
R-06-0591
CA.16 06-01697 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
REVOCABLE LICENSE AGREEMENT WITH JOSEFA PEREZ DE CASTANO
KIDNEY FOUNDATION ("LICENSEE"), TO PROVIDE FOR A REDUCTION OF
LICENSEE'S SPACE TO 590 SQUARE FEET, EFFECTIVE OCTOBER 1,
2006, WITH A MONTHLY FEE OF $369.95, AND A REDUCTION OF FEES TO
$350, PER MONTH, FOR THE USE PERIOD OF APRIL 1, 2005 THROUGH
SEPTEMBER 30, 2006, WITH OTHER TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID AMENDMENT.
06-01697 Legislation .pdf
06-01697 Exhibit .pdf
06-01697 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0592
CA.17 06-01698 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
REVOCABLE LICENSE AGREEMENTS ("AGREEMENTS"), WHICH ARE
REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH
SWIM GYM AQUATICS, INC., MIAMI ROWING & WATERSPORTS CENTER,
INC., AND MIAMI OVERSEAS CHINESE ASSOCIATION, INC.,
(COLLECTIVELY "LICENSEES "), TO OCCUPY AND USE APPROXIMATELY
4.2 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT
3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSES
SHALL PROVIDE: 1) FOR A USE PERIOD TO COMMENCE OCTOBER 1,
2006 AND EXPIRE SEPTEMBER 30, 2007 WITH A ONE-YEAR MUTUAL
RENEWAL OPTION TO SEPTEMBER 30, 2008; 2) LICENSEES TO PAY
MONTHLY USE FEES TO THE CITY IN THE AMOUNTS OF $400, $250, AND
$100, RESPECTIVELY AND ADDITIONALLY 12% OF THEIR RESPECTIVE
MONTHLY GROSS REVENUES, WITH OTHER TERMS AND CONDITIONS
AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENTS; FURTHER
PROVIDING FOR ACCEPTANCE OF MONTHLY FEES FROM THE
LICENSEES IN THE RESPECTIVE AMOUNTS PROVIDED ABOVE FOR THE
PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006.
City ofMiami Page 18 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
Votes:
06-01698 Legislation.pdf
06-01698 Exhibit .pdf
06-01698 Exhibit 2 .pdf
06-01698 Exhibit 3 .pdf
06-01698 Exhibit 4 .pdf
06-01698 Exhibit 5 .pdf
06-01698 Exhibit 6 .pdf
06-01698 Exhibit 7 .pdf
06-01698 Exhibit 8 .pdf
06-01698 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0593
CA.18 06-01699 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY LATIN AMERICAN GOURMET
RESTAURANT, INC., WITHOUT ADMISSION OF LIABILITY, THE TOTAL
SUM OF $250,000 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 LATIN AMERICAN
GOURMET RESTAURANT INC. V. CITY OF MIAMI, CASE NO. 05-22088 CA
13, UPON TRANSFERRING EQUIPMENT TO THE CITY OF MIAMI AND
DISMISSING THE CASE WITH PREJUDICE; ALLOCATING AVAILABLE
FUNDS FROM FISCAL YEAR 2008 GENERAL FUND, SUBJECT TO
APPROPRIATION.
06-01699 Legislation .pdf
06-01699 Cover Memo.pdf
06-01699 Memo.pdf
06-01699 Substitute Memo.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0594
CA.19 06-01704 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT TO REINSTATE WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("DEP") IN ORDER TO REINSTATE AND
AMEND DEP AGREEMENT NUMBER CZ613, WHICH AGREEMENT
PROVIDED THE CITY OF MIAMI $50,000, IN GRANT FUNDS, FOR THE
CONSTRUCTION OF THE BAYWALK OF THE PUBLIC BOAT RAMP
LOCATED ON WATSON ISLAND ("PROJECT"), AND TO EXTEND THE
REIMBURSEMENT PERIOD, TO PROVIDE FOR A CHANGE IN THE SCOPE
OF WORK, AND TO EXTEND THE COMPLETION DATE OF SAID
PROJECT.
City ofMiami Page 19 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
06-01704 Legislation .pdf
06-01704 Exhibit SUB.pdf
06-01704 Exhibit 2 SUB.pdf
06-01704 Exhibit 3 SUB.pdf
06-01704 Exhibit 4 .pdf
06-01704 Exhibit 5 .pdf
06-01704 Exhibit 6 .pdf
06-01704 Exhibit 7 .pdf
06-01704 Exhibit 8 .pdf
06-01704 Exhibit 9 .pdf
06-01704 Exhibit 10 .pdf
06-01704 Exhibit 11 .pdf
06-01704 Exhibit 12 .pdf
06-01704 Exhibit 13 .pdf
06-01704 Exhibit 14 .pdf
06-01704 Exhibit 15 .pdf
06-01704 Summary Form .pdf
This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0595
CA.20 06-01707 RESOLUTION
City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO
Office OBJECTION FOR THE STATE'S CODESIGNATION OF SOUTHWEST 1ST
STREET FROM SOUTHWEST 8TH AVENUE TO SOUTHWEST 12TH
AVENUE, MIAMI, FLORIDA (A STATE ROAD), AS "CARLOS C.
LOPEZ-AGUIAR WAY;" FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS
DESIGNATED HERE
06-01707 Legislation .pdf
06-01707 Summary Form.pdf
06-01707 Letter.pdf
06-01707 Letter 2 .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0596
CA.21 06-01708 RESOLUTION
City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO
Office OBJECTION FOR THE STATE'S CODESIGNATION OF NORTHWEST 7TH
AVENUE FROM NORTHWEST 62ND STREET TO NORTHWEST 95TH
STREET, MIAMI, FLORIDA (A STATE ROAD), AS "REVEREND SAMUEL
ATCHISON BOULEVARD;" FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS
DESIGNATED HEREIN.
City ofMiami Page 20 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
06-01708 Legislation .pdf
06-01708 Summary Form.pdf
06-01708 Letter.pdf
06-01708 Letter 2 .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0597
CA.22 06-01709 RESOLUTION
City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO
Office OBJECTION FOR THE STATE'S CODESIGNATION OF NORTHWEST 54TH
STREET FROM SR5/US1 TO NORTHEAST 2ND AVENUE, MIAMI, FLORIDA
(A STATE ROAD), AS "TOUSSAINT L'OUVERTURE BOULEVARD;"
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN.
06-01709 Legislation .pdf
06-01709 Summary Form.pdf
06-01709 Letter.pdf
06-01709 Letter 2 .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0598
CA.23 06-01773 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI
SENIOR HIGH SCHOOL, FOR THE USE OF THE ORANGE BOWL STADIUM,
FOR THE PURPOSE OF HOSTING TWO HIGH SCHOOL FOOTBALL
GAMES ON OCTOBER 19 AND 26, 2006; PROVIDING FOR A WAIVER OF
THE BASIC USE FEE AND TICKET SURCHARGE ASSOCIATED WITH SUCH
USE, AND UTILIZING THE CUSTOMARY $850, CHARGED PER GAME, AT
CURTIS PARK, AS THE FLAT FEE TO COVER CITY OF MIAMI EVENT
STAFF COSTS ASSOCIATED WITH THE USE OF THE ORANGE BOWL.
06-01773 Legislation .pdf
06-01773 Exhibit.pdf
06-01773 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0599
CA.24 06-01774 RESOLUTION
City ofMiami Page 21 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE LICENSE AGREEMENT ("LICENSE"), REVOCABLE AT -WILL,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARTNERSHIP FOR
RECOVERY, INC., A NON-PROFIT CORPORATION, TO OCCUPY AND USE
SPACE 110, CONTAINING APPROXIMATELY 1,167 SQUARE FEET,
WITHIN THE BUILDING OF THE CITY OF MIAMI OWNED PROPERTY
LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FOR
USE AS OFFICE SPACE IN CONNECTION WITH THEIR "NO BLUE ROOFS"
CAMPAIGN, WHICH LICENSE SHALL PROVIDE FOR A ONE-TIME USE FEE
OF $1.00, AND A USE PERIOD TO COMMENCE UPON EXECUTION OF THE
LICENSE AND EXPIRE NINE (9) MONTHS THEREAFTER, WITH TERMS
AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
AGREEMENT.
06-01774 Legislation.pdf
06-01774 Exhibit.pdf
06-01774 Exhibit 2 .pdf
06-01774 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0600
CA.25 06-01693 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
Administration SPECIAL REVENUE FUND ENTITLED: "NIJ FY06 COVERDELL FORENSIC
SCIENCE IMPROVEMENT" AND APPROPRIATING FUNDS, CONSISTING
OF A GRANT FROM THE DEPARTMENT OF JUSTICE, NATIONAL
INSTITUTE OF JUSTICE, IN THE AMOUNT OF $95,000, FOR THE
DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE
OF SAID GRANT.
06-01693 Legislation .pdf
06-01693 Summary Form.pdf
06-01693 Memo.pdf
06-01693 Letter .pdf
06-01693 OJP Form.pdf
06-01693 Official Grant File.pdf
06-01693 Grant Managers Memo.pdf
06-01693 Proposal Abstract.pdf
06-01693 Program Narrative.pdf
06-01693 Summary Fact Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0601
Adopted the Consent Agenda
City ofMiami Page 22 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
Motion by Commissioner Sanchez, seconded by Commissioner Regalado, including all the
preceding items marked as having been adopted on the Consent Agenda. The motion
carried by the following vote:
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
END OF CONSENT AGENDA
Chairman Gonzalez: Now we're going to move into the consent agenda. Are there any items
that any of my colleagues wants to pull, defer?
Commissioner Spence -Jones: Mr. Chairman, I'd like to -- just for discussion, CA.5 and CA.8.
Chairman Gonzalez: CA.5 --
Vice Chairman Sanchez: And CA.8.
Chairman Gonzalez: -- and 8?
Vice Chairman Sanchez: All right.
Chairman Gonzalez: All right. Is that it? All right. We need a motion to approve the balance
of the consent agenda.
Vice Chairman Sanchez: So move, Mr. Chair.
Chairman Gonzalez: We have a motion.
Commissioner Regalado: Second.
Commissioner Haskins: Second.
Chairman Gonzalez: We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
[Later..]
Pamela Burns (Assistant City Clerk): And previously, for CA.18 and 19, those were as modified
with substitutions?
Vice Chairman Sanchez: As amended.
Julie O. Bru (Deputy City Attorney): Correct.
Chairman Gonzalez: As amended.
Ms. Bru: Correct, as I stated initially.
Ms. Burns: Thank you.
Chairman Gonzalez: As amended.
Vice Chairman Sanchez: So for the record, as amended.
City ofMiami Page 23 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
Chairman Gonzalez: As amended. That's right.
City ofMiami Page 24 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
M.1 06-01778 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT AWARD, IN THE AMOUNT OF
$41,369, FROM MIAMI-DADE COUNTY PUBLIC SCHOOL SYSTEM, FROM A
GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO
PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING
CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL,
MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S) TO IMPLEMENT THE ACCEPTANCE OF SAID
GRANT AWARD.
06-01778 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-06-0613
Chairman Gonzalez: All right. We have two item from the Mayor's Office. Is someone here --?
Good morning.
Lisa Martinez (Director of Policy and Legislation): Good morning. Lisa Martinez from the
Mayor's Office. Item M.1 is a resolution authorizing the City Manager to accept a $41,369
award from Miami -Dade County Public Schools to continue the Miami Learning Zone program
at Holmes Elementary School. This program has been in -- functioning for three years, and it
services over 200 students, providing after -school programming.
Vice Chairman Sanchez: So moved --
Commissioner Spence -Jones: So moved.
Vice Chairman Sanchez: -- Mr. Chair.
Chairman Gonzalez: We have --
Commissioner Spence -Jones: Second.
Chairman Gonzalez: -- a motion --
Commissioner Haskins: Second.
Chairman Gonzalez: -- and we --
Commissioner Spence -Jones: Second.
Chairman Gonzalez: -- have a second. All in favor, say "aye."
City ofMiami Page 25 Printed on 10/25/2006
City Commission
Meeting Minutes October 12, 2006
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
M.2 06-01779 DISCUSSION ITEM
DISCUSSION CONCERNING AN UPDATE FROM MIAMI DADE COUNTY
PUBLIC SHOOLS ON THE STATUS OF THE CITY OF MIAMI SCHOOLS
AND CITY OF MIAMI EDUCATION COMPACT.
06-01779 Cover E-mail.pdf
DEFERRED
Lisa Martinez (Director of Policy and Legislation, Mayor's Office): M.2 is the item addressing
the City ofMiami schools update. It is going to be deferred until the next Commission meeting in
November.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: Thank you.
Chairman Gonzalez: Thank you.
DISTRICT 1
CHAIRMAN ANGEL GONZALEZ
D1.1 06-01710 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH THE GENERAL CONSULATE OF
VENEZUELA, FOR THE USE OF THE ORANGE BOWL STADIUM, FOR THE
VENEZUELAN PRESIDENTIAL ELECTION, TO BE HELD DECEMBER 3,
2006; FURTHER PROVIDING FOR A WAIVER OF THE USE FEE
ASSOCIATED WITH SUCH USE, INCLUDING IN -KIND COSTS FOR POLICE
SERVICES.
06-01710 Legislation.pdf
06-01710 Exhibit .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-06-0578
Chairman Gonzalez: I wonder -- is the Mayor still in here?
Vice Chairman Sanchez: He's here. Yes, he's here.
Chairman Gonzalez: He's here? OK While the Mayor is here, I want to take the time to
recognize some distinguished guests that we have from the Consul of Venezuela in Miami. Mr.
(UNINTELLIGIBLE) Medina and also Mr. Oscar Paez. Also from Venezuela, from the
organization (UNINTELLIGIBLE), we have Mrs. Federica Piefri, Antonio Esquivel, and Saritta
Bittan. In the audience, we also have the coordinator of the Office of Community Relations, Ada
Rojas, and her staff who will be coordinating the event with the efforts of the Community
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Meeting Minutes October 12, 2006
Relation Board and the City Goodwill Ambassadors, and the event that I'm talking about is the
Venezuelan presidential election that is scheduled for Sunday, December 3, 2006, at the Orange
Bowl, starting at 6 a.m. to 6 p.m., so good morning. Welcome to the City Hall. Have the full
Commission here and also the Mayor of the City. (UNINTELLIGIBLE) recognized, sir. Good
morning.
Oscar Paez: Buenos Bias.
Chairman Gonzalez: Buenos Bias.
Mr. Paez: (Comments in Spanish not translated.)
Chairman Gonzalez: (Comments in Spanish not translated.)
Applause.
Chairman Gonzalez: Now we have Mrs. Federica Pietri. I think the lady also wants to address
the Commission. Good morning. Welcome.
Federica Pietri: Good morning. It gives me a great pleasure to be here because I am honored
to represent the community of the Venezuela in the state of Florida, and I would like to take the
opportunity to thank all the member of the Commission, especially Commissioner Angel
Gonzalez, and Mayor Manuel Diaz, and Ada Rojas from the Office of Community Relation
Board, on behalf of the Venezuelan community living here in the state of Florida for allowing us
to exercise our electoral rights as citizens of Venezuela, and for the City ofMiami for having
graciously given us the space at the Orange Bowl. We're overwhelmed by the generosity of the
American people who have allowed us, once more, to obtain a piece of their nation in order for
us to vote for our freedom and democracy. Thank you.
Chairman Gonzalez: Thank you, thank you.
Applause.
Chairman Gonzalez: All right. Now we're going to proceed.
Commissioner Regalado: Mr. Chairman, do we need a motion for your item that --?
Chairman Gonzalez: There -- do you want to do it now or you want to -- rather do it later?
Commissioner Regalado: It's up to you.
Chairman Gonzalez: If you want to have a motion now to -- yeah.
Commissioner Regalado: On behalf of the Chairman, I move DI. I [sic], the resolution of the
Miami City Commission authorizing the City Manager to enter into agreement with the General
Consulate of Venezuela for the use of the Orange Bowl Stadium for the presidential election of
December 2006.
Vice Chairman Sanchez: Second.
Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries. Ada, you may
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communicate to them that we just passed the resolution approving the event at the Orange Bowl
and the waiving of the fees.
Ada Rojas (Community Relations Coordinator): I will do that, Commissioner.
Chairman Gonzalez: OK. Thank you.
Ms. Rojas: Thank you.
Chairman Gonzalez: Thank you, Commissioner Regalado.
D1.2 06-01765 DISCUSSION ITEM
DISCUSSION CONCERNING A REQUEST FROM ALLAPATTAH
COMMUNITY ACTION INC. FOR A BRIDGE LOAN TO PREPARE THE
NECESSARY PAPER WORK TO CLOSE ON A 202 GRANT FROM HUD.
06-01765 Cover Email.pdf
06-01765 Letter . pdf.pdf
MOTION
A motion was made by Chairman Gonzalez, seconded by Commissioner Spence -Jones, and was
passed unanimously, authorizing the preparation of the necessary paperwork to provide a bridge
loan to Allapattah Community Action, Inc. to close on a 202 grant from HUD.
Chairman Gonzalez: I'm going to pass the gavel to the Vice Chair.
Vice Chairman Sanchez: Mr. Chairman, you are recognized.
Chairman Gonzalez: Thank you --
Vice Chairman Sanchez: I don't need it.
Chairman Gonzalez: -- very much. This item consists of providing a loan to Allapattah
Community Action, Inc., and let me tell you how this work. This won't be a grant or anything of
that sort. Allapattah Community Action was awarded $9 million from HUD (Department of
Housing and Urban Development) to build a 202 for senior citizens. They will be ready to close
on this deal probably by January, but in order to close the deal, they have to bring to
Jacksonville, to the HUD office in Jacksonville, the water connection payment of the connection
of the water, the sewer, the impact fees. They have to bring their architectural drawings paid
for, so and -- you know, being a not -for -profit, they don't have money to pay for this in advance,
so what we're doing is we are facilitating them "X" amount of dollars, and that -- for that I need
-- Mrs. Rodriguez -- and all of these expenses are included in the $9 million. That means that
when they go to HUD, they present their drawings; they present their -- pay impact fees and
everything. They will release them a check, and then from that check, they will reimburse the
City ofMiami for the money that we are advancing to them now so they can close on the deal.
This will be a 97 -- I think it's a 97-unit building for senior citizens. It is in my district on -- right
on 14th Street and 24th Avenue, and they are -- they're getting ready to go to Jacksonville and
close on the deal. Barbara, is that accurate what -- more or less what --?
Barbara Gomez -Rodriguez (Director, Community Development): We've been working -- in the
last two years, the City ofMiami and the Allapattah Community Action -- this was a site that was
owned by the City, and they will be paying back the cost of the land to the City. It's a 79 elderly
housing --
Chairman Gonzalez: Seventy-nine.
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Hs. Gomez -Rodriguez: -- apartments, where we're not funding anything in the project. It's a
hundred percent funded by HUD Washington. The problem that they're incurring right now is
that they need $325, 000 in order to get the $9 million for the construction. There is no
mechanism right now that I can award them the funds. I do it through an RFP (Request for
Proposals) process. I do it based on a property that we're going to be involved. What they're
asking is to have the City lend them the money, and when they close on the deal, they will pay for
the land and for the $325, 000, which they will use for building permit, water and sewer
connection, and 50 percent of the drawings, and that's what they need in order to access the $9
million.
Chairman Gonzalez: And also impact fees, right?
Hs. Gomez -Rodriguez: There is a contingency that they -- they're doing. The impact fee, we're
trying to work with them in order to give them what they need with per -- with the architectural
plan, which is the problem that they currently have.
Chairman Gonzalez: Yeah, but they will have to pay --
Hs. Gomez -Rodriguez: Right.
Chairman Gonzalez: -- County impact fees on the project --
Hs. Gomez -Rodriguez: Right.
Chairman Gonzalez: -- not City, but County.
Hs. Gomez -Rodriguez: So --
Commissioner Spence -Jones: But Barbara, this is for housing, right?
Chairman Gonzalez: Yeah.
Hs. Gomez -Rodriguez: This is house --
Commissioner Spence -Jones: It's for seniors, right?
Hs. Gomez -Rodriguez: It's 79 units of elderly housing in the Allapattah area. It's on a
City -owned land. We are not funding the project. We gave them the land with the condition that
once they close, they would pay back.
Vice Chairman Sanchez: The bottom line: You don't come up with that money, you lose $9
million.
Chairman Gonzalez: Exactly.
Hs. Gomez -Rodriguez: Right.
Chairman Gonzalez: You don't have --
Hs. Gomez -Rodriguez: I don't have a process right now that I could take the application, and
Commissioner Gonzalez thought that maybe he bringing it up, there would be a way to do it.
The reason for is that in the RFP process, they did not apply.
Vice Chairman Sanchez: And you're OK with that process?
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Ms. Gomez -Rodriguez: Huh?
Commissioner Spence -Jones: You're OK with it?
Vice Chairman Sanchez: You're OK with that process?
Ms. Gomez -Rodriguez: I'm OK with the project.
Vice Chairman Sanchez: The process.
Ms. Gomez -Rodriguez: What process?
Vice Chairman Sanchez: The process of getting the money out of the general fund.
Ms. Gomez -Rodriguez: Well, I don't think that they're saying the general fund. What they're
saying is find us the dollars, then borrow it so I can pay it back. They don't care where the
money comes from.
Vice Chairman Sanchez: Where the money comes from.
Commissioner Haskins: I --
Commissioner Spence -Jones: And Pete -- and the Manager's already identified -- has identified
a source, right?
Ms. Gomez -Rodriguez: We started working on this when we saw that the item had been placed
by Commissioner Gonzalez on the agenda. We've been working to see maybe the affordable
housing trust money can be used and be put back by July, since, when we awarded this land to
the Allapattah, Commissioner Gonzalez said that when they paid this money to the City, it's
going to go back to the affordable housing trust fund, so that's basically what we're working on.
Commissioner Haskins: What happens if this isn't done by July of 2007, just for --? I think this
is a great idea. It's --
Ms. Gomez -Rodriguez: Well, they --
Commissioner Haskins: -- elderly housing, but what --
Ms. Gomez -Rodriguez: -- it's just closing.
Commissioner Haskins: -- just happens?
Ms. Gomez -Rodriguez: It's just closing. If they don't close --
Vice Chairman Sanchez: They lose.
Ms. Gomez -Rodriguez: -- they can lose the $9 million.
Commissioner Haskins: OK, so -- but the City would not get paid back the 325, 000, so that's the
worst --
Ms. Gomez -Rodriguez: If they lose --
Commissioner Haskins: -- that could happen.
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Ms. Gomez -Rodriguez: -- the $9 million, yes, that is a correct statement.
Commissioner Haskins: OK. All right, so we're making sure that we're very comfortable that
this project is going to get approved and all of that, right?
Ms. Gomez -Rodriguez: Well, it is approved now.
Chairman Gonzalez: It's approved.
Ms. Gomez -Rodriguez: It was awarded the dollars --
Commissioner Haskins: OK.
Chairman Gonzalez: They have a --
Ms. Gomez -Rodriguez: -- so the only thing that we would do --
Commissioner Haskins: It's just the closing.
Ms. Gomez -Rodriguez: -- we would put a mortgage on the property for the $325, 000, which we
will be paid at the time of the closing --
Commissioner Haskins: OK.
Ms. Gomez -Rodriguez: -- with HUD.
Commissioner Haskins: All right.
Chairman Gonzalez: They have a commitment on the --
Ms. Gomez -Rodriguez: Right.
Chairman Gonzalez: -- $9 million.
Ms. Gomez -Rodriguez: Right.
Commissioner Spence -Jones: And Pete, you've already identified a source to pull it from? I
guess, we're going to just -- we should be fine on it.
Ms. Gomez -Rodriguez: We've been working on --
Mr. Hernandez: (UNINTELLIGIBLE) I will have it.
Ms. Gomez -Rodriguez: -- it this week --
Commissioner Spence -Jones: OK.
Ms. Gomez -Rodriguez: -- and one of the -- I would not recommend general fund. I would
recommend the housing -- the affordable housing frust --
Mr. Hernandez: Trust.
Ms. Gomez -Rodriguez: -- fund, and then --
Vice Chairman Sanchez: All right.
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Ms. Gomez -Rodriguez: -- have them pay it back.
Vice Chairman Sanchez: There is a motion by the Chair. Is there a second?
Commissioner Spence -Jones: So moved.
Commissioner Regalado: Second.
Vice Chairman Sanchez: Second by Commissioner Spence -Jones. The item is under discussion.
Commissioner Regalado, you are recognized for the purpose of discussion.
Commissioner Regalado: Thank you very much, Mr. Chairman. Everything that we are frying
to do here whenever we discuss community development is affordable housing and workforce
housing and affordable housing, and you know, it's a press conference and all that. Now you
just said that there is no process. The question is everyone agrees on what the Chairman is
doing, but what if -- what would have happened if the Chairman has -- have not done that with
that project? Ninety-four units --
Vice Chairman Sanchez: Gone.
Chairman Gonzalez: Gone.
Commissioner Regalado: -- gone --
Chairman Gonzalez: Gone.
Commissioner Regalado: -- so what is wrong here? Whose fault is this? Somebody -- I mean,
some agency, some government, some process, something must be wrong because for the City to
come to the rescue at the last minute, something went wrong, and it wasn't the City because the
only thing the City did was the land, so what is going on here?
Ms. Gomez -Rodriguez: Well, I think this nonprofit tried for many years to get this project
funded. They were working with the developer. The developer has put out money of his own to
make --
Chairman Gonzalez: Yeah.
Ms. Gomez -Rodriguez: -- it work. This is a community action agency that is not in the housing
business. They did the first 202, and they want to do the second, but they don't have the
resources or the dollars, and the developer cannot continue giving them advance money towards
the project, and I think they understood now that the cost is much more than what they thought
that they could handle, and that's basically what happened.
Vice Chairman Sanchez: All right.
Commissioner Spence -Jones: I just --
Vice Chairman Sanchez: Any further discussion on the item? Commissioner Spence -Jones.
Commissioner Spence -Jones: -- want to commend Mr. Chairman on trying to find a solution to,
we know, a huge problem, two huge problems; one is our seniors. We know that we don't have
enough places for them to live, and just housing in general. I mean, this could have been a
project that went away, and clearly, Barbara, along with yourself found a solution to this issue,
so -- and this is going to -- this is one of the many times that things like this come up, where we
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have major projects happening, and because of loopholes, or because of whatever reasons,
major projects can go down the tubes, so I just want to commend the both ofyou guys for making
sure that these seniors in Allapattah will have a place to live with the 79 units, so I support it 100
percent.
Chairman Gonzalez: Thank you so much.
Vice Chairman Sanchez: All right. It's a motion. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion
carries, and we turn it back to the Chair.
DISTRICT 2
COMMISSIONER LINDA M. HASKINS
DISTRICT 3
VICE CHAIRMAN JOE SANCHEZ
D3.1 06-01787 DISCUSSION ITEM
DISCUSSION CONCERNING THE READING IN PROGRESS PROGRAM
AND ITS LITERACY INITIATIVE IN THE CITY OF MIAMI.
06-01787 Cover Email.pdf
06-01787 Submittal.pdf
MOTION
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, directing the City Manager to work with the Reading in Progress
program to create a pilot programs in the defined target areas, Little Havana, Little Haiti,
Liberty City, and Overtown; further directing the City Manager to work with the Parks director
to identify reading areas.
Chairman Gonzalez: I have another item, but I'm going to go to my colleagues first.
Commissioner Haskins doesn't have anything. Com -- Vice Chairman Sanchez.
Vice Chairman Sanchez: Mr. Chairman, ifI could take the time to introduce Tammy Reed. Is
she here? Tammy is the director for Miami -Dade County Public Schools Office of Public
Relations, and this is an opportunity that came to us, as we fry to work to improve our parks, and
I think that the City has done a fabulous job to improve our parks and provide activities for our
children, we realize -- and not every child in our community is going to be a professional
baseball player or a football player or a soccer player, but still, they enjoy our parks, and they
enjoy the programs. However, if you look at the City, we really don't have an area in our City
where children could sit down and really enjoy a book or really obtain knowledge in a park,
besides getting physical training in a park, so this is a initiative to create a reading room in our
parks in four target areas that they have funding for. It's just a great opportunity for us to add
another element of service at our parks, and of course, because of the funding and the target
areas that they have -- it's Little Havana, Little Haiti, Liberty City, and Overtown -- I will be
asking the Mayor to support this item, also be working with the City Manager to create a
reading program in our cities, and I would like Mrs. Reed to elaborate a little bit more on this
great idea for our parks.
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Tammy Reed: Good morning. Excuse me. Perfect segue. Thank you so much, Commissioner
Sanchez.
Chairman Gonzalez: We need your name.
Ms. Reed: My name is Tammy Reed. I'm with Miami -Dade County Public Schools
Communications Office. Mr. Chair and to all of the Commissioners, first of all, let me thank you
for giving me the opportunity to speak to you about this very exciting program and also thank
you for all of the support that you have given Miami -Dade County Public Schools. As the
Commissioner has indicated, Dade County Public Schools has a wonderful initiative called
"Reading in Progress," and essentially, this initiative is to promote reading, the joy of reading
among our young readers, our young students in elementary schools. Just to give you a brief
background, if you would allow me, in the summer of 2005, Houghton Mifflin and Miami -Dade
County Public Schools established a partnership to build family and community support for
reading achievement at the elementary school level. Some of the objectives include raising
awareness of and support ofMiami-Dade County Public Schools Houghton Mifflin reading
curriculum, providing parents and other caregivers with concrete steps they can take to support
the young readers in Miami -Dade County Public Schools, and encouraging parental
participation in reading and FCAT (Florida Comprehensive Assessment Test) preparation. The
initiative -- we sort of coined a phrase that we call `Motivate, Educate and Celebrate." What
we'd like to do is continue to motivate our teachers and our educators and school staff to
continue to deliver the wonderful education and promoting reading among our students. We
want to educate the community on the importance of reading and community literacy, and then
we want to support our young -- I'm sorry. We want to celebrate our young readers and let them
know how proud we are of their reading, and enjoying reading, and their accomplishments in
reading and literacy. I have here some handouts for you that give you a little more information
about the program. Again, as I stated, we have partnered with Houghton Mifflin. Houghton
Mifflin enlisted the services of Fleishman -Hillard, a public relations firm, who reached out to
Commissioner Sanchez with regard to this initiative, and we were invited to just give you a little
more information about the program. The only thing that we are asking from the Commission is
just your support in helping us identify key areas within the community where we can build these
reading corners at parks. We also are looking at faith -based organizations. You know your
communities better than we do, and you can help us identify facilities where we can build these
reading corners for our young people, so there is really no funding or anything that we're asking
from the Commission, just simply your support in this initiative. I will leave this or -- I don't
know ifI need to pass it out. OK. I'll leave this --
Commissioner Spence -Jones: No. You --
Ms. Reed: -- with you and you can review it at your leisure, but simply, we are asking for your
continued support with this initiative.
Vice Chairman Sanchez: Are there any questions before I present a motion?
Commissioner Spence -Jones: Yeah. I just wanted to -- I know that three of those areas are
actually within my particular community in my district, and I definitely would love to have
maybe, perhaps, some of these projects tie in into my existing adopted schools program that we
have in my district, so by all means, I look forward to working with you and Commissioner
Sanchez on making sure that that happens, so --
Ms. Reed: We're very --
Commissioner Spence -Jones: -- by all means, I --
Ms. Reed: -- excited about it, and we just want to really promote the joy of reading among our
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young people, our children, so definitely.
Chairman Gonzalez: I also want to commend your effort in this field, and I'm sure that I have
some schools in Allapattah that will also -- could benefit from these programs, so --
Ms. Reed: That's the idea.
Chairman Gonzalez: Yes, ma'am.
Vice Chairman Sanchez: All right. If there is no further discussion, I will be making a motion
directing the City Manager to work with the `Reading in Progress" program to create a pilot
program in those four targeted areas right now, and maybe later on there will be additional
funding from the School Board to expand to other areas in the City, but right now, the four areas
that are slated are Little Havana, Little Haiti, Liberty City, and Overtown, so that would be my
motion. To also, Mr. City Manager -- I think it's important that we work with the Parks director
to identify certain areas -- which really, I saw -- it's not big or anything. It's just, you know,
giving a child an opportunity to pick up a book and read, and you know, we need to do more
about that. We need to start putting books in children's hands instead of putting weapons in
their hands, and giving them opportunities and have them in places where they're controlled by
supervision by adults and role models, instead of hanging out in the street, seeing people that
are selling drugs and riding -- and driving around in fancy Lamborghinis and fancy cars. We
need to show that we are fruly models, so having said that, I think I've said enough on this, and I
would ask that my colleagues support this, so that's the motion.
Ms. Reed: Thank you.
Chairman Gonzalez: We have a motion.
Commissioner Spence -Jones: Second.
Commissioner Haskins: Second.
Chairman Gonzalez: We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
DISTRICT 4
COMMISSIONER TOMAS REGALADO
D4.1 06-01757 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
WAIVER OF PARK RENTAL FEES, FOR THE USE OF ROBERT KING HIGH
PARK, ON SUNDAY, NOVEMBER 12, 2006, FOR THE MUNICIPIOS
CIENFUEGOS ANNUAL PICNIC.
06-01757 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-06-0602
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Chairman Gonzalez: Now we're going to go to Commissioner Regalado, who has four items.
Commissioner Regalado: Thank you very much, Mr. Chairman. Item 1 has to do with the use of
Robert King High Park on Sunday, November 12, Municipios De Cienfuegos annual picnic, and
what they're asking the City is to waive the park rental fees. They will be paying all the
employees, Solid Waste, all the expenses incurred, other than the park rental fee. That would be
my motion.
Chairman Gonzalez: We have a --
Vice Chairman Sanchez: Second.
Chairman Gonzalez: -- 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.
Commissioner Regalado: Thank you.
D4.2 06-01758 DISCUSSION ITEM
DISCUSSION CONCERNING AN UPDATE ON THE ADMINISTRATION'S
EFFORTS TO MAKE INFORMATION REGARDING CLASS 2 PERMITS
READILY AVAILABLE TO THE PUBLIC.
06-01758 Cover Memo.pdf
DISCUSSED
Commissioner Regalado: Mr. Chairman, the last item is an update on the efforts to make
information regarding Class II Permits readily available to the public. As you know, there have
been a lot of miscommunications between residents that are near projects that do not need a
public hearing, and there have been, in the past, issues with several projects. In fact, some
people were not able to take action or participate in projects that are important to their quality
of life, their neighborhoods, and in the last Commission meeting -- well, two Commission
meetings ago, we requested that the Administration works with their staff to make this
information ready. One case is the Web site of the Planning Department. According to the
information and the update that I have received from the Zoning and Planning director, the
Class II Special Permit log is posted on the Planning Department Web site, and it's updated and
posted daily, and the referral is being e-mail (electronic mail) to members of this Commission,
and this week, the City ofMiami TV (television) is working on a public service announcement.
The PSA (Public Service Announcement) will be transmitted in English, Spanish, and Creole,
and basic information will be provided; what is a Class II Special Permit? How can I obtain
information on Class II Special Permits in my community? And you know, the issue is so
important. Information is so important for the people ofMiami. I cannot say so much times that
we have more people in this Hall for zoning issues than for the budget process. The zoning
matters, the building boom in the City ofMiami has impacted so many life that people do want to
participate; that people really need information. There are people dedicated -- there are
professionals that take their time off their work and their family to work on informing the people.
This is what we owe the people, information. That's all they want, information and to
understand the process so they can act accordingly. I would like to recognize Ms. Wendy
Stephan. She was here the last time, and she had some important things to communicate. I think
that she had some complaints the last time that were very logical. The request that they made,
although it may not fall within the Code of the City ofMiami, it makes sense. The City ofMiami
may not be obliged to give information to everyone about anything that is being moved through
the permit process, but there are people that their life will be impacted with that, and they do
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deserve this information. I would ask that Hs. Stephan comes to the podium, and --
Commissioner Spence -Jones: Commissioner Re --
Commissioner Regalado: -- we are -- oh, yeah. I think that we should understand what you, and
not only you, other people in my disfrict -- I had a request from several residents that were
disconcert that they didn't know about a construction, so --
Commissioner Spence -Jones: If you don't mind, Wendy, I just -- I would like to put something on
the record before you make your statement. First of all, I want to commend Commissioner
Regalado for constantly staying on top of this issue and, over the last four to six weeks in our
disfrict, especially with the Buena Vista group -- it's three different homeowners association in
that area that have had this constant problem, and we've been going back and forth, back and
forth regarding this issue. Orlando has been doing a standup job with trying to at least get to
the bottom of it, but this is an ongoing problem, and I'm not sure whether or not it's happening in
any other district, but I can tell you that it almost feels as though my district is being targeted for
this. It feels that way because we will have a discussion about a particular project, and not even
14 days later, it's the same situation happening again, so I understand that there's definitely a
communication breakdown, you know, but to constantly have this happen over and over again,
you now, it makes it very difficult for me to even communicate to my residents that the City
staffers and all of us are working to make sure that these incidents don't constantly happen.
There are two major projects that are happening within my disfrict right now that, clearly, there
was an issue around notification. I've been waiting for the City Attorney to, you know -- we did
finally get an opinion, but the opinion, I'm still -- we're still trying to figure out the opinion, and
what happens is, you know, the residents feel as though they're not being considered when these
projects take place. I have -- we do have a permit update, and I'm glad that Orlando and his
team has put together key things to help promote, you know, the issue of how to fill out a Class II
Permit and what the process is and all of that, and making sure Channel 77 is involved, but
we're still addressing a current issue that has created an existing problem, so this is what we're
going to do from now on, but we have a problem now that we still have not been able to address.
Now, from a policy standpoint, I understand -- because, to me, that's really what I'm more
interested in is, you know -- because that's great that Channel 77 is going to do that, and that's
great that we're going to put it on the Web, but there are clear things that have to change from a
policy standpoint so this does not keep, you know, happening. They just happen to be on top of
it, but I can imagine, throughout, you know, the City and other districts, you know, when people
aren't as savvy as they are, these projects come and they go, and the residents don't feel
empowered to even have a voice on whether or not they feel the project should even happen in
the neighborhoods, so I know that we talked about, Orlando, changing this word in the -- I don't
know if it's the Code or the legislation period, regarding this word "courtesy." Wendy, you can
stay. Courtesy, and Wendy actually pointed this issue out to us over and over again; that there is
notifying the residents is a courtesy and not a mandatory practice, which I think that it's
really, really important because what happens is builders and developers, or people that want to
bring projects to communities, they do it only as a courtesy, and guess what? They choose who
they want to send the notices to, so they're not going to send notices to people that they know
that they're going to have objections to their projects. They're not going to do it. They're going
to choose the path of least -- the least resistance, so I want to make sure, from City staff and Mr.
Manager and the City Attorney, that we're moving in the direction of changing policy on how we
address these Class II Permits because, you know, we -- and we still have an issue we have to
resolve, which is these two projects that we still don't have an answer on, so ifI can get clarity
on the fact that this legislation's going to be brought from -- in front of us from the City Attorney
regarding making these changes and making sure we put that on record, and also addressing
where do we go from here.
Orlando Toledo (Mayor's Office): Orlando Toledo, senior director of Building, Planning, and
Zoning. You're absolutely right. It does say courtesy. First notice is mandatory. Final notice is
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a courtesy letter that is sent out, but it is courtesy. Part of what we are going to change -- and it
is going to be going through legislation -- is that it will be mandatory, so now you'll be receiving
two notices; not only at the beginning, but at the end.
Commissioner Spence -Jones: OK.
Mr. Toledo: In that way, everybody will be notified at the beginning of the project when it finally
gets submitted to the Planning Department and when the director of Planning finally signs the
final order (UNINTELLIGIBLE).
Commissioner Haskins: Orlando, who sends out the notices?
Mr. Toledo: The notices are sent out by the public.
Commissioner Haskins: By the --
Mr. Toledo: By whoever is --
Commissioner Spence -Jones: By the developer.
Mr. Toledo: -- building this building.
Commissioner Haskins: Whoever is building the building, and how do they obtain the addresses
of who they send to?
Mr. Toledo: They go ahead and they -- usually, it's actually certified by a team of people that do
this in the public.
Commissioner Haskins: OK. Do they use the Dade County database?
Mr. Toledo: I believe they do, yes.
Commissioner Haskins: And do we ever validate that they've sent out the notices? Do we
verify?
Mr. Toledo: A company actually validates it. That's one of the things that I'm looking at staff.
Again, it has to do with the number of Class Its we're receiving right now. It used to be that we
would receive about 100, 150 a year. Now we're up to 500 --
Commissioner Haskins: Right.
Mr. Toledo: -- to 600 a year, so it has to do a matter also of staffing if I'm going to go ahead
and put someone to --
Commissioner Spence -Jones: Send out the notices.
Mr. Toledo: -- send out the notices. No, not only send out the notices; make sure that all the
addresses and the people that are being notified are the correct people.
Commissioner Spence -Jones: Currently --
Commissioner Haskins: I mean --
Commissioner Spence -Jones: -- Ms. -- Commissioner Haskins, you know, the County does that.
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Commissioner Haskins: Well --
Commissioner Spence -Jones: They send out the notices.
Commissioner Haskins: -- there's a little -- I attended a meeting, which was just really kind of a
surprise, on 79th Street, on the -- on a PD&E (Project Development & Environment) study to
look at widening 79th Street, and this would be an FDOT (Florida Department of
Transportation) project, and for some reason, that meeting was called on a national holiday. It
was called on Monday night, Columbus Day, and I had a roomful of residents that -- in the --
that would be affected that had gotten no notices. They had gotten no notices in the mail. FDOT
said that they'd sent out the notices, that they had hand -delivered, courier -delivered to
businesses along the Boulevard, and they don't know what's happened, but this is not the first
time it's happened, and this particular project is one that the residents are looking very closely
at. There have been hearings at the County, (UNINTELLIGIBLE) committees, all sorts of
committee meetings that people have not gotten appropriate notice, so I'm just wondering if part
of the problem is that the database we're using isn't correct, and that isn't why it's getting out
because we're hearing the same thing, and when you have an area that's got a lot of rental
properties, I think those notices go to the renter -- go to the property owners and not the people
that are living there, and the renters want to have a say as much as anybody else, so I think that
maybe part of the problem is the database isn't as good as maybe the developers are relying on,
Florida -- the FDOT is relying on, the City is relying on to send out notices because this is like a
constant thing, having problems with notices not getting delivered.
Commissioner Regalado: Well, ifI may -- and we still want to hear from Ms. Stephan, but what
Mr. Toledo just said now, it's important to understand. Is because the Class II Permits have
grown 500 percent that the people need to know because, you know, we may say, oh, now these
guys in the City Commission, they want to burden the staff with more work, and you know, now
we don't have -- we have to hire somebody to supervise the sending of the notice, and you know,
make sure, you know, these guys -- oh, yeah, they just want to please the resident. The fact of the
matter is that I would think that when you request a Class II Permit, you will have to pay
something. You pay money to get the Class II Permit, right, if you --
Mr. Toledo: A hundred and fifty dollars.
Commissioner Regalado: -- are a developer?
Mr. Toledo: Yes.
Commissioner Regalado: OK, so several years ago, we had a hundred requests a year. Today
we have five hundred requests a year. That means that we have five times more money that
developers pay to get the permit, so if we have five times more, I think we should use some of that
money to -- not courtesy, but to inform the residents. I will tell you that campaign PSA through
Channel -- City ofMiami Channel 77 is great, you know, NET (Neighborhood Enhancement
Team) offices is great, but you can never be sure that people will be watching everyday, 24 hours
a day because on a TV station, especially this TV station, you don't know at what time you're
going to get the public service announcement. You have programming and you have other stuff.
Maybe people are not able to go today or tomorrow to the NET office to seek information, and
yet, they get caught in the window that is very small that they would not be able, not even to
appeal, but to voice their opinions. This is not an anti -development measure. This is the people
ofMiami right to know. We -- I mean, we keep saying, since many years ago, "One City, One
Future, " but there cannot be two cities; a city where the residents just wake up one morning,
look out the window, and see a building going up, and a city that it's welcoming development.
We here welcome development. Neighbors are not anti -development;; they just want to know,
like the people that Linda met on Monday. I mean, for -- to -- I'm not a conspiracy theorist, but
to schedule a public hearing on a holiday -- on a night -- on a Monday is really suspicious, but
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that's other issue, so I just hope that we can proceed with change of Code, if we have to. I mean,
we change the Code everyday. We change it for the PAB (Planning Advisory Board) votes and
the Zoning votes and all those, so might as well change the Code one time to benefit the resident,
but meanwhile, I just want to understand. Simple, basic, what is it that the residents need, and if
I can recognize Ms. Stephan, just in simple words, what do we need as residents?
Wendy Stephan: Well, thank you so much. My name is Wendy Stephan. My address is 101
Northeast 43rd Street. Again, I'm the president of the Buena Vista East Neighborhood
Association. I'm here today on behalf of the development committee of that association. As I've
said, we've been very active and frying very hard. What we want now really is a clarification in
the ordinance. That's going to help a long way because the current ordinance reads "a required
courtesy notice." Just those words together, it creates enough uncertainty there that it creates
opportunities for people who want to get around the system to feel that they have some
justification for doing it, so we want to be sure that that is corrected going forward. I think that's
a reasonable thing. I'm also very encouraged to hear about the increased use of technology to
get information out about the Class II Permits. That's wonderful, but the issue for us is not a
question of technology. The issue that we need is a clarification of the understanding that we
residents have a right when we go in writing and request notification of an approval, not just the
application, but the approval which triggers our 15-day period to appeal. That's our only shot
at appealing, and we have a right to that under Article 18. We have an opportunity to appeal the
Planning director's decision. We found out about two projects months after that appeal period
had finished, and we found out about it by accident, by opening the file doing part of our
research to see sort of how the project was developing so that we could submit comments so that
we could be active. I opened up the file, and there it is, approved. I was amazed because we had
letters in writing saying we want to be notified as soon as there's an approval of this project.
They were in the file with the notice. I mean, it was just astounding, and we still don't have
clarification from the Planning director that we have a right to that; in fact, she says we don't,
and she says that she will, as a courtesy, to be helpful, notify us. Now we have a new project that
has come to us. We've been notified of the application duly, so that's great. We received the
plans. We've submitted our comments. It's a 386-foot tall tower for the Design District. We've
submitted our comments, and now we're in limbo. We don't know how to access the hearing
boards process if we don't have the right to that date, that date that triggers our hearing -- that
whole period, and I am not, for myself willing to rely on the courtesy of the Planning
Department. It's not -- this is our legal right to an appeal period, and you know, we don't know
what to do. Our development committee is like, well, can we submit our appeal now? Can we
just preemptively submit it because we don't know when that 15-day --? What if somebody goes
out of town? What if you know, we don't check the Web site this week? I checked the Web site
this morning, and this particular project is not on that log yet, at all, so they -- these are the
issues. We need a clarification of the basic principles at issue here, getting the information out
going forward. I also have -- I feel thatHr. Toledo is really trying to deal with, basically,
something that went from a hundred to five hundred applications. We feel -- it is our association
that feels like it's turned into a full-time job for us getting these notices and researching them and
this type of thing, so I appreciate the opportunity to raise this issue, but this question is a big one
for us, and we don't know how to proceed right now.
Commissioner Spence -Jones: On these -- especially on these two projects.
Ms. Stephan: Well, and now there's a third. We've -- you know, there's a third. We've got the
application, we've put in our comments, and we don't --
Commissioner Spence -Jones: And I'm still --
Ms. Stephan: -- feel secure --
Commissioner Spence -Jones: -- waiting for staff on it --
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Ms. Stephan: -- you know.
Commissioner Regalado: So how could we --
Commissioner Spence -Jones: -- and the City Attorney.
Commissioner Regalado: -- Orlando, how can we remedy the situation of people being notified
whenever there is a project that is approved and you only have this 15 days window in case
someone wants to --
Commissioner Spence -Jones: Appeal.
Commissioner Regalado: -- apply? Is there a way to get it on --? I don't know. Is there a way
that all the members of the Commission could get a notice, and then we can, I guess, notify
interested residents that register with the office? I mean, that would take work away from you
and will put work on us, but that's OK. That's what we're here for. I just don't understand still
why is there the culture of secrecy or don't care, and I know that you've done -- and I have the
list here that I will provide to Ms. Stephan that -- what the stuff that Orlando has been
implementing, which is, I think, great, but it still comes to the same issue. They're just stuck in
the middle. They cannot act. They may be able to find out after the fact, but they cannot act. Is
there any way that we can --? Can you -- is it possible that we can receive information on Class
II, and then we -- if people register with our office, we can call them? I mean, will this be
something that we can do, Mr. Manager?
Pedro G. Hernandez (City Manager): Commissioner, before Orlando provides more detail, after
listening to the concerns, I think that it would be appropriate, and I would like to consider for
the City to, in essence, assume the responsibility of sending notices. As Commissioner
Spence -Jones mentioned, the County does it in that fashion, and there's a certain uniformity to it.
When you receive one of those notices, you know what it is. It will have the City logo, the City
letterhead, and there will be more attention paid to it by tenants, by residents, by property
owners. I think that's a step that we need to take. In any event, the -- that's a expense that is the
burden of the applicant, but I think that if we manage it, that we will have uniformity and there
will be more attention paid to it; uniformity across the whole City. That's very significant and --
Commissioner Regalado: I have the draft of the ordinance that we requested, and it's coming
through the system, which would expand from 500 to --
Mr. Toledo: Right.
Commissioner Regalado: --1, 000 feet.
Mr. Toledo: Yes, sir.
Commissioner Regalado: When do you think that that, Orlando, will be --?
Mr. Toledo: That should be heading into the Planning Board next month, and then you should
be seeing it sometime in -- I would believe, in December.
Commissioner Regalado: In December, so it's like --
Mr. Toledo: And again --
Commissioner Regalado: -- it's sort of like a Christmas gift to the resident, but it's still very far
away.
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Mr. Toledo: Again, Commissioner, with that one regarding the Class IIs, we have left the Class
IIs at 500 feet because of the additional cost. Now -- and that's what we had talked about; that
Class IIs were going to be 500 feet and everything else that was --
Commissioner Regalado: Land change, 1, 000 feet --
Mr. Toledo: That -- right.
Commissioner Regalado: -- and -- but still, there is the issue of informing the people of the
Class II process, and -- well, the Manager has just volunteered to have the staff send the notice.
I still think that interested parties should register with the Commissioner's office, and you know
what? Just in case -- because you know what Forrest Gump used to say. It happens, you know,
but --
Commissioner Spence -Jones: Commissioner Regalado, I just want to add onto your comment on
that real fast. We've already started it in District 5. I've already been very clear with them
because it keeps happening that -- you know, they can send it to NET. That's all good. I'm
happy with that, butt want to personally know every Class II Permit that's coming through so
that I can personally -- and my team can reach out to neighborhood associations and groups in
the area so they are notified and they understand what projects are coming their way. I'm not
going to rely on someone making sure that information gets there. I'm glad that the City
Manager has stepped up to the plate in saying that he's going to take responsibility in making
sure the notices go out, but from me being the district Commissioner for my district, I am taking
an extra step to make sure that the Planning Department, no matter what, sends me every single
notice of any Class II Permit project, and I'll assign it to a staffer to make sure that my residents
understand what's happening in their backyards.
Mr. Toledo: And I will do the same for every other --
Commissioner Spence -Jones: I'm doing it already.
Mr. Toledo: -- Commissioner.
Commissioner Haskins: I think there's --
Commissioner Regalado: And that's -- Excuse me, Linda -- what I'm saying, you know. Register
with the members of the --
Mr. Toledo: I will do so, yes.
Commissioner Haskins: And I've got a couple questions here. Well, first of all, I think that if
we're going to take the assumption of the -- and I think we should. I think we should assume the
mailing. I think you -- we need to bring a change in the fee that's charged for Class II Permits
immediately so that those costs are covered by the City, and -- but I've got a question of the City
Attorney's Office. Madam City Attorney, when the Zoning Administrator rules or the -- a permit
is issued and that permit requires some sort of notice, and this is not done electronically -- it's
my understanding now, today, hearing this; it's not done electronically -- how do we -- what date
is used to start the 15-day period?
Julie O. Bru (Deputy City Attorney): Well, usually, if it is the kind of final decision that would
trigger an appeal, it would be the date of the issuance of the decision.
Commissioner Haskins: But how --
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Commissioner Spence -Jones: Yeah.
Commissioner Haskins: -- do we validate that that was the date of the issuance of the decision if
it's not done electronically?
Ms. Bru: If it's something that's done by a document, by issuing of a permit, the date of the
permit, the date of --
Commissioner Haskins: I would be very --
Ms. Bru: -- the issuance.
Commissioner Haskins: -- much more comfortable in this process if there was an electronic
notification of the issuance of any opinion for appeal because, you know, I want to make sure
that we are counting the notice period properly, and there isn't, you know -- it is not
inconceivable for something to be signed and the notice process not starting for several days
later, so you can get that notice pro -- the notice process of 15 days could be gone by the time
the notice is delivered --
Commissioner Spence -Jones: That's what's happening.
Commissioner Haskins: -- so we really need to look at that as part of this ordinance -- as part of
this whole -- because 15 days isn't a whole lot of time to make sure that we're getting the notices
out accurately and timely, so I just want to make sure that we have these holes plugged up; that
notices are going out and they're going out timely, and maybe it should be -- maybe it should
start 15 days from date of mailing or 15 days from estimated date of receipt of notice or
something like that, but I certainly would like to see some sort of electronic validation of the
dates of the issuance.
Commissioner Spence -Jones: I just want to -- I know we're on this for a long time, but this has
been a big issue in my district. I think we're kind of somewhat at least moving in the direction
that we know what to do from this day on, and I'm assuming that the Law Department's going to
come back with the new language for the legislation to make the necessary adjustments and
changes. I meant, any recommendations that the residents have, by all means, I'd like for them
to at least forward them because they're the ones that are being affected by this, and I think that
it's important for them to give you their viewpoint, so that addresses the current issue, but we
still have two other issues that I've been trying to deal with over the last -- I don't know, Wendy.
How long have we been trying to deal with this, for 30 days now or more? OK, so I'm going to
ask the City Manager and the City Attorney -- because there's an issue that we've got an opinion
back regarding the issue of being able to revoke permits that were issued without proper
notification. My question becomes, at this point, what do we do with the current issues that we
have now? Because the question was, OK, well, Commissioner, you know, we don't want to have
a situation where we have a lawsuit. Well, you're going to have a lawsuit anyway. You're going
to either have a lawsuit from the residents or a lawsuit from the developer, so I'm just trying to
understand, you know, how do we resolve the current issue because you're still going to have a
lawsuit no matter what.
Ms. Bru: Commissioner, ifI may, although you haven't stated on the record what the issues are,
I believe that you're referring to two Class II Permits that were issued in the Design District. Is
that what you're --
Commissioner Spence -Jones: Yes.
Ms. Bru: -- referring to?
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Commissioner Spence -Jones: Um -hum.
Ms. Bru: I have met with the Planning Department and looked at the facts surrounding the
issuance of those two class permits [sic], and the permits were issued lawfully and in accordance
with the provisions of our Code. All these things that we're talking about today are perspective,
and they would take effect at such time as an amendment to the ordinance is voted upon by the
Commission. At the time that those permits -- those Class Its were issued by the Planning
director, the applicant was tasked with the responsibility of notifying the adjacent, the abutting
property owners only, and that was done. It was certified by the applicant that it was complied
with. There was no requirement of any other notice in our Zoning Ordinance, so that being --
Commissioner Spence -Jones: Julie.
Ms. Bru: -- the case, there is no -- there was no requirement.
Commissioner Spence -Jones: The notification part of it --
Ms. Bru: Yes.
Commissioner Spence -Jones: -- that was not handled correctly, and --
Ms. Bru: Well, ifI may, Commissioner --
Commissioner Spence -Jones: OK.
Ms. Bru: -- ifI may, if that is an issue that wants to be raised -- that an aggrieved party wants to
raise, they can do so in writing. According to our ordinance, if there is an aggrieved party out
there who believes that there was some sort of violation of the Class II, they can, in writing,
request to the Commission that you consider the matter. At such time as you receive that written
request, then you can direct the Manager to direct the Planning director to bring it back to the
Zoning Board. I don't have a written request at this time from any aggrieved party to consider.
Therefore, there not being a case or a controversy in writing at this point, I wish -- you know, I
recommend that we abstain from giving any opinions on the matter.
Commissioner Spence -Jones: OK. Let me just say -- I know that Wendy -- I guess the two of you
guys are together.
Maria Gralia: No, we're not.
Commissioner Spence -Jones: Oh, separate. I just -- I have to say this. There is -- I'm just -- I
can't speak for any of my other Commissioners, but there is a certain level offrustration that
have with this matter because I really, really tried to work through it, and Orlando knows this. I
mean, meeting after meeting trying to address this issue and not really getting a straight answer,
you know, so, you know, it's hard for me to believe that now it's going to be handled --
Ms. Bru: I'm sorry --
Commissioner Spence -Jones: -- so -- I allowed for you to speak, Julie. -- what I'd like for them
to do, at least, is for her to at least bring her comments on the matter because this is why -- this
is what the frustration has come to because they feel like they're not getting any resolutions from
City staff on it, and I'm going to be honest. When I look at whether or not they were properly
notified on one particular case, I know that they were not just because who the notifications went
to.
Commissioner Haskins: Julie, Madam City Attorney, you know what Commissioner
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Spence -Jones has -- the frustration she's expressed is throughout the City, and everywhere that I
go, people are -- feel that the City is, for some reason, not doing -- not sending out the notice for
a reason, or that there's some conspiracy here to help the developers get projects approved
under the rug. I don't believe that's what's happening. I believe what's really happening is that
things are really slipping through the cracks with this. I -- you know, I know the people. I know
Orlando. I've worked with Orlando. I don't feel that there are things being done purposely, but
when it happens over and over again, you cannot blame the average citizen for feeling this way,
so we really need to look at this process, and we need to tighten it up because people are very
frustrated, and they're getting very distressful of government, more so than usual, and if we keep
this up, we're going to total -- lose the trust in this process totally, and we need to do something
about it.
Commissioner Spence -Jones: Can I --
Commissioner Regalado: Well, the last thing --
Commissioner Spence -Jones: -- just allow for --?
Ms. Gralia: Yes. Can --?
Commissioner Regalado: -- I want to do and I want to say is just that, you know, I guess
everybody understand that the Planning Department, the Zoning Department, the Building
Department is overwhelmed, and -- but there's money coming in, and some money -- I mean,
some money have to be used for the process, but the -- what -- Mr. Manager, what needs to be, I
guess, made clear to the staff is that letters, if we're going to send letters, the letters need to
reach the people on time because I have people come to my office very nervous, shaking because
of a violation and said if you do not comply by certain date, then we will shoot you, we will kill
you, we will, you know, do whatever; lien your house and all that, and the people say, I got this
letter yesterday, and it was a day before yesterday, the day of compliance, and they're right
because the postmark, the time -- the date on the letter was 15 days ago, and the postmark was
two days after the date that they were required to comply, so the same thing happened with some
hearing in West Little Havana the other day. Neighbors got the letter and they came to my office
because the hearing was days ago or they didn't get the letter until, and these are elderly people
that took their time to -- would have come, and they came finally to the second hearing, but they
did got the letter on -- and now that we're talking on this issue of the public trust, of course the
people is losing the trust. In that particular zoning matter, in the West Little Havana area, the
City did post the hearing on -- electric post on the public right-of-way, and the residents saw the
owner of the property in question taking down all the signs and put it in her car, so that is gone.
I believe that's a crime. I believe that should be punished, and you know, we're not going to
have a police next to each sign, but somehow, we need to check because the more that the public
is left out, the trust and the distrust grows, and this makes difficult the work for everyone here in
the City, so I just want to appeal to you. You have volunteered to send the letters, but these letter
need to read -- need to reach the people on time.
Vice Chairman Sanchez: All right.
Commissioner Regalado: Thank you.
Ms. Gralia: IfI --
Vice Chairman Sanchez: Ma'am, you're --
Mr. Hernandez: Commissioner --
Vice Chairman Sanchez: -- recognized --
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Ms. Gralia: Yes.
Vice Chairman Sanchez: -- and I think afterward --
Ms. Gralia: Thank --
Vice Chairman Sanchez: --I mean, we've --
Ms. Gralia: Thank you.
Vice Chairman Sanchez: -- discussed --
Commissioner Spence -Jones: We get it.
Vice Chairman Sanchez: -- this item for quite some time. We get it, so --
Ms. Gralia: Thank --
Vice Chairman Sanchez: -- you're recognized, Mr. City Manager, and then we should be done;
we'll move on.
Ms. Gralia: OK. Thank you very much. Maria Gralia from Shutts & Bowen, at 201 South
Biscayne Boulevard. I represent one of the property owners, which is located near the Buena
Vista historic district. I can only speak on behalf of my client, but I'd like to shed some light on
the procedure of Class II Special Permits because we hear a lot about neighbors, but sometimes
we don't hear the developer's position or point of view. This process -- what occurs is when you
submit your Class II Special Permit, you first go to internal design review board, then once you
go through that review, you are asked to submit an application, and in that application, you're
required to list all the neighbors that have either registered with the NET office, and those
adjacent property owners. Before they accept your Class II Permit application, you must have
that list; attached to that list you have all the notifications and the return receipts before they
even accept your application. OK, once that's done, you -- they receive the -- the Planning
Board makes sure that you, as the developer -- they don't take our word for it. I have to tell you,
as the developer, when you go the Planning Board -- the Planning Department, they do not take
our word if we say I promise, I swear I notified the neighbors. You have to show them proof
before they even start reviewing your application. In my instance, in this project, the
neighborhood associations and the adjacent neighbors were notified twice. They were notified
at the beginning of the process in 2005. They were notified a second time because, when we first
submitted this project, there was a lot of opposition to the project. They voiced their concerns
with the Planning director. The Planning director said we are not approving this project unless
you comply -- unless you redesign this project to take into considerations the opposition of the
neighborhood. We redesigned the project. When we redesigned that project and went through
another round, I think it was five different internal design review, then we again notified the
neighbors, so they received notification twice, and in my notifications, Wendy was notified. We
tried to meet with the neighbors. We fried to reach out to them to bring them -- and have them
become a process of this project. We built as of right. We didn't request any variances,
anything. This is why it was a Class II Special Permit, and actually built less than what's
required. We substantially reduced the massing of this building and the height of the building,
so I totally agree with everything that you all have been saying today; that there should probably
be a notification in terms of -- so that this issue goes away and it's laid to rest. I agree that there
probably should be notification after a Class II Special Permit has been approved. However, I
want to set the record straight that, in the case of my client, which is located at 53 Northeast 41 st
Street, everything was done appropriately. They were notified twice, more than what was
required under the Code, and it's not -- when it says "courtesy notice, "I disagree. It is not a
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courtesy notice. You are obligated by the Planning Department to provide those notices. It is a
requirement for your Class II Special Permit, so I just wanted to make those comments.
Commissioner Spence -Jones: Thank you.
Ms. Gralia: Thank you.
Chairman Gonzalez: All right. Does that conclude the item?
Mr. Hernandez: OK. Just a quick statement that we'll follow up on assuming the notification,
improving the Web, notifying every district office, et cetera. I think that's all good and it will
improve the service.
Chairman Gonzalez: All right.
Mr. Hernandez: My concern is that with the existing cases, those were under -- let's say the
present guidelines, criteria that are not as tight, which don't require the final notification at the
end, et cetera, so I don't think that we can do much -- that we don't have much leeway on those.
Ms. Bru: Let me say something because I believe that Commissioner Spence -Jones feels that
there may be an aggrieved party out there who has an issue to resolve, and again, let me clarify
the current process allows for two different ways -- if there's an aggrieved party who feels that a
Class II was issued in violation of our ordinance, they can request the Planning director to
revoke the permit. If the Planning director refuses to do that, the aggrieved party still has an
avenue of relief. They can request in writing to the Commission that the Commission request the
Manager to direct the Planning director to bring it up to the Zoning Board, so they still have an
avenue of relief that they can pursue, and if you believe that there's an issue about having
complied with notice, proper notice, or whatever, they -- if the Planning director does not want
to pursue that by bringing it to the Zoning Board, the party can -- the aggrieved party can
request it in writing of the Commission, and then you can take action on it, OK?
Commissioner Spence -Jones: No problem. Got it.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: All right.
D4.3 06-01759 DISCUSSION ITEM
DISCUSSION CONCERNING A PRESENTATION FROM MEMBERS OF
ACORN REGARDING ASSISTANCE FOR LOW-INCOME FAMILIES AS IT
PERTAINS TO BILLS FOR ELECTRICITY SERVICES.
06-01759 Cover Memo.pdf
MOTION
A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was
passed unanimously, to direct the City Manager to start a pilot program, with a segregated
account, using $5, 000 of surplus dollars from the District 4 office budget, provided that Florida
Power & Light provides matching funds, to assist with payment of electricity services for
individuals critically in need of assistance; further directing that applications be made available
in all five district offices of the City ofMiami and NET offices, utilizing the model ofMiami-Dade
County.
Commissioner Regalado: Mr. Chairman, the other issue is one that it is of great concern. There
-- we all have seen cases of people being evicted, trailer parks and homes, but what we have not
seen yet on the media is that there are some people that are hurting because they don't have the
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resources to pay their electricity bill. There is a group that has been working here in the City of
Miami for several month now. It's a national organization, ACORN (Association of Community
Organizations for Reform Now), and they have done an extraordinary work identifying City of
Miami residents that are even without electricity because they couldn't pay their bill, and the
electricity was suspended. This is important, so important that Florida Power & Light has
recognized this problem, and they have a fund for $1 million to subsidize some of these bills that
cannot be paid. However, Florida Power & Light serves, from Port St. Lucie to the Keys, more
than 5 million residents. Recently, the County has implemented a program that it's designed to
help people that have problems with utilities for one-time subsidize of $100 to help them pay.
Well, the need is so big, the people are so many with this problem that the program is full, so I
want you to listen to some of the ACORN representatives because they have taken the time to go
to every neighborhood in the City ofMiami, and this is only in the City ofMiami, and they have
identified extreme cases of people that cannot afford their electric bill. Some of the people are in
-- even using respirators, and they just need to be help. We have here a representative of
ACORN, but we also have people that are on this situation. When you listen to them, you will
see that the problem has a face, that the problem has a name and an address, and you will be --
well, you'll not be surprised because we know what we have here, but the areas in the City where
people are in so much need, so I just want to recognize the lady from ACORN so we can listen to
what they have done by identifying the number of cases that we have in the City with this real
problem.
Chairman Gonzalez: All right. Do you mind ifI set a time limit?
Commissioner Regalado: Yeah, no. No, no, at all.
Chairman Gonzalez: All right. Madam City Clerk, I want to set the clock at three minutes by
speaker. Good morning. Welcome.
Lilian Delgado (as translated by official Spanish interpreter, Rene Ramos): Good morning to
all.
Chairman Gonzalez: We need her name and address.
Ms. Delgado (as franslated by official Spanish interpreter, Rene Ramos): My name is Lilian
Delgado. I live in Little Havana 14th Street -- 14th Avenue and (UNINTELLIGIBLE) Street. I
belong to ACORN. It's an association to reform now. As protector of the rights of the
(UNINTELLIGIBLE) needed in this City ofMiami, in this day specifically, we're raising our
voice in protest to the high charges that FP&L (Florida Power & Light) has dropped on the poor
family in this community, which are the ones that suffer more of this malady. According to the
2000 census, the City ofMiami is the poorest of the United States. Thirty-one percent of the
residents live below the poverty level. We bringing few families members ofACORN. We want
you to hear from their voices necessary the -- I'm sorry -- that they have the need for help. Their
salaries, retirement, and assistance are not enough to buy their basic necessities, food,
medicines, et cetera. Person that have worked 10, 15, 20 years and receive a retire that is only
basically to pay for our energy. This looks incredible, but we can give you names, telephones,
and addresses of 3, 000 members ofACORN cannot pay their light bills because we're retired,
disable, and person with problems -- health problems.
Commissioner Regalado: Thank you. (Comments in Spanish not franslated.)
Chairman Gonzalez: Your time is up.
Commissioner Regalado: (Comments in Spanish not translated.)
Daisy Perez (as translated by official Spanish interpreter, Rene Ramos): Good morning. I'm
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glad to be here with you. I need a lot of help from you. You always have represented us in the
good times and bad times. My name is Daisy Perez. I live in the City.
Commissioner Regalado: (Comments in Spanish not translated.)
Ms. Perez (as translated by official Spanish interpreter, Rene Ramos): 2750 Northwest South
River Drive, 508, Miami, Florida 33125. We're here. We need your help once again
(UNINTELLIGIBLE) as politicians and help a lot of people. Right now the government of the
City should have more funds to (UNINTELLIGIBLE) in here. For instance, the problem with the
lights. (UNINTELLIGIBLE) disabled people, we wish that you hear us. We have a lot of needs;
that the Florida Power & Light cooperate with us and different things that we're asking. For
instance, when we have a bill that is late, due to the high prices of electricity, give us a chance to
pay it. Let them have -- not cut off our power, but in the contrary, give us the help that we need.
For instance, there's a lot of us that we need medical equipment to survive, medicines that we
have to have in the refrigerator. We need FP&L to understand that we live in this City poor.
There is poor and not rich; that we have the need that they take into consideration and these
people have the needs to lower our bills because they're raising our bills too much, and they're
choking us and we can't do it anymore. We thank you for cooperating with us, and I hope that,
once again, you can cooperate. Now I wish that (UNINTELLIGIBLE) said before many of us
would have (UNINTELLIGIBLE) understood what they said, but we didn't understand; we didn't
have an interpreter, butt want you to take that into consideration and other needs that we need.
We want you to take it -- thank you.
Chairman Gonzalez: Next.
Betsy White: Good morning.
Chairman Gonzalez: Morning.
Ms. White: My name is Betsy White. I live at 2989 Northwest 57th Sfreet, Miami, Florida. I've
been there for 46years. I am a senior citizen, also a widow. I'm here to complain about Florida
Power Light because my bill runs from (UNINTELLIGIBLE) every month -- sometimes it's $165,
sometimes it's a hundred -- and higher. Every month, it's different, but am a -- also a medical -
- I have medical problems, and I need my air condition [sic], but also need the money to pay a
bill like that every month. I'm on a fixed income, and I would appreciate it if somebody would
listen to us -- I'm a member ofACORN also -- listen to the senior citizen who are unable to pay
they bills, and even if they got a fixed -- a way for you to go get your bill paid, you got to qualify
for what they saying to get it paid. Sometimes you go down there and you don't even get taken
care of because they have so many rules and regulation on there, and you don't even qualify to
get your bill paid, and if you miss being late, they add more to your bill, and you make another
deposit, so please help us with this problem. Thank you.
Chairman Gonzalez: Thank you, ma'am. Good morning.
Katrina Murphy: Good morning.
Chairman Gonzalez: Your name, please.
Ms. Murphy: My name is Katrina Murphy. I live at 840 Northwest 85th Sfreet, and I'm here
today -- I thank you all for listening to us this morning. I've been here before for the same
purpose of FPL. I went to West Palm Beach also before the board, and ex -- and we -- and
explained to them that that million dollars was not enough, and that -- and they have a program
that supposed to help with the bill, and sometime you go -- you don't qualify or it's cut off too
soon, or something that's keeping -- you know, to keep you from helping you pay your bill, so I'm
here because I'm a senior citizen and I found myself in a predicament now that need exfra help,
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and I look at also -- I read in the paper also that other states help the citizens in their light bill
more than Florida does. Also, as a senior citizen, we're -- a lot of people, senior citizen, realize
that we are forgotten people who have work hard throughout the country and the state, and we
are just like forgotten, and when we go to try to get help and whatnot -- I fried to get in a place
for aged so -- because my rent is so high and my light bill is so high, and with no prevail, so I
have to depend on other people to try to help me, and then ifI go to Social Security, they -- ifI
say someone is helping me temporarily, they call that a income, and what can be an income if
somebody just temp -- helping you temporarily, so they don't give you anything, so today I'm just
here to help people fry to realize that we are still here. We're citizens, and we still here, and we
need help, and thank you.
Vice Chairman Sanchez: Thank you.
Chairman Gonzalez: Thank you. Good morning.
Saintanse Nelson (as translated by official Creole interpreter, Renald Etienne): Hello. Good
morning, everybody. My name is Saintanse Nelson. I came here for my bill that's too high, and
most of the time, I cannot pay it, and sometime, it is about $200. Sometimes it goes over $400
also. She's paying for it about $1, 300. I'm not working. Sometimes it is my childrens [sic] who
are helping me. My husband has about a year since he died, so I came here to see what the City
can do for me. I am not working. My water bill sometimes about $180, sometimes $200 also.
That's all have to say. OK.
Chairman Gonzalez: Thank you.
Ms. Nelson: Thank you.
Chairman Gonzalez: Thank you. Good morning.
Dolores Turner: Good morning. My name is Dolores Turner. I'm the president ofACORN here
and a co-chair of the state of Florida. I come here today to speak to you in concern a friend of
mine; she's an ACORN member too. Her name is Queen Smith. She's terminally ill. Her light
bill every month, for the last six months, have been a nightmare to her. She's on an oxygen tank,
and she cannot afford the oxygen tank, the light bill, and a $346 mortgage. Her income is $607
a month, plus she have food and she have medicine to pay for too, and she cannot pay this here.
She would like to be here today, but she's not -- wasn't able to come because her asthma is
bothering her, so she asked me today to come up here and speak to you for her. On the behalf of
her, I hope you can help us. ACORN, as you said before, have been out here for FP&L for
months, and we need help. We're not the only one that you heard here today that need help. The
whole state need help. I spoke to people from Fort Lauderdale, West Palm Beach, all the way
down here to Homestead. We're all in the same predicament. We live on a budget. These senior
citizens you see here, we live on a budget. For me, myself I live on $541 a month. I have a
$347 mortgage, plus then I have a light bill. I have food. I pay partial medicine. We can't do
this here. We've been working and praying for months for help. We have places that we can go
and get light bill pay once a year. I went month before last. Now my light bill still is a hundred
and seventy -some dollars. I don't have it. My friend I just spoke of right now, she's concerned
now because she cannot pay the hundred and some dollar light bill, and she asked me, she said,
Dolores, whatl supposed to do now? You know, and I don't know what to tell her because I
need to go somewhere myself you know, and I can't help her, so we need help. Yes. They told us
they going to give us a millions dollars, but what is a million dollars with millions of people? If
they -- with that way, they're going to give us -- each one of us a dollar, and they only going to
do it once a year. We have more than one time that our light bill is being up, and every month it
seems like it go up and up and it never go down. I was telling one of my workers last night that
they said in January it was going to go down. She told me don't believe it, and you know,
honestly, I don't believe her. We need help. Our senior citizen, myself here, we have gave all
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our life and our time for Miami. This is our home. We love it. We want to stay here. We
thought maybe when we get older, we'd be able to live, at least have lights. That's all we asking
for is lights, so -- like me, I cut my water tank off, cut it on 15 minutes before I take a shower.
This is not the way that we supposed to live. This is not the way that Miami want us to live. We
need help. We need for y'all for to stop now and look. Look what we going through. It's not us.
It's not just us; it's all of us. You got to hear us, and I pray today that each one ofy'all will listen
to us, and I want to thank you. Thank you very much for hearing us, and please help us today.
Thank you.
Chairman Gonzalez: Thank you.
Commissioner Regalado: Thank you. Mr. Chairman --
Applause.
Commissioner Regalado: -- ifI -- what you have heard is just, in a nutshell, some of the
problems that we have throughout the City ofMiami, and I do have a list of residents throughout
the City that have a very special and critical situation in terms of not being able to meet the
responsibilities with their electric bill. Recently, Miami -Dade County launched a campaign
through the 13 districts of the Miami -Dade County government, and there was some applications
that were given out to help subsidize one time the cost of the electric bill to the people that
qualify, and working with Florida Power & Light, they set some standards for people to qualify
to get this subsidy at one time in order to get them out of the hole, and this is important because
when one person cannot pay their bill one month, it rolls over with a surcharge, and it becomes
a nightmare, until the third month that the electricity is suspended, so because of this program, a
lot of people were able to get back on their normal track. Yes, the problem of electricity is a
problem that is one of the state of Florida, but this board can only hope and wish that this
problem be solved. It is a matter of the Public Service Commission. It is a matter of the State
Legislature. However, we do have responsibilities with our residents, and I will tell you thatl
was not surprised, but shocked to read some of the cases, the specific cases in our City, and to
meet personally those people that have this predicament. My motion, Mr. Chairman, is to ask
permission of this Commission to use $5, 000 of the surplus of the budget of Disfrict 4 office,
providing that FPL match this money to start a pilot program exactly that the one that was so
successful last week with the County. The applications could be filled in all the five district
Commissioners' office of the City ofMiami, and the NET (Neighborhood Enhancement Team)
office, and the qualifications will be as required by Florida Power & Light and by the County,
which is the poverty level, and show the bill that is due for more than one month. With that, I
hope that at least we can start a pilot program. The money that they mentioned and I mentioned,
$1 million that FPL set aside for -- to help with the subsidize of many people, they're right, it's
not enough because there are issues from Port St. Lucie, from West Palm north, to the Keys, and
we have a problem in the City ofMiami. We have identified several cases, drastic, dramatic
cases in the City ofMiami, so my motion is to direct the City Manager to establish a segregated
account with $5, 000. I will be asking Florida Power & Light to match that money, and then use
the model of the County so all five Commission [sic] offices will have the application for these
cases, and remember, this is not like I need help. These are cases that are critical, and there's
some standards that FPL request, and the government, and the State of Florida, and other
counties throughout the state of Florida have done, so that would be my motion.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: Second.
Chairman Gonzalez: We have a motion on the floor --
Vice Chairman Sanchez: Second.
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Chairman Gonzalez: -- and we have a second.
Vice Chairman Sanchez: Discussion on the item.
Chairman Gonzalez: Discussion on the item.
Vice Chairman Sanchez: On the motion, I -- Commissioner, I think that's a step in the right
direction. However, I think that we should take it a step further. I think that Florida Power &
Light needs to have a guideline to protect the public. It is a crying shame that Florida Power &
Light could turn off your electricity when the temperature is so high that it puts the people's lives
in danger. They have a responsibility, not only as providing a service, but working with people
that are in situations where it's beyond their means to be able to pay. They want to pay. God,
they would love to have the strength to be able to work and pay Florida Power & Light and not
have to deal with the problem, but you know what? We have problems in our community, and
these are the people that, because of their situation, unforeseen situations, cannot pay Florida
Power & Light, and you know what? Florida & Power Light [sic] does not care. They will
come by and they'll shut your light off because they don't care, and they need to have guidelines
that, you know what? You cannot turn off somebody's electricity when that person depends on
an oxygen machine, when that person depends on medication. They need to not think about
dollars. They need to think about people.
Commissioner Regalado: So it's --
Applause.
Chairman Gonzalez: All right.
Commissioner Regalado: I think -- no, I think that that's something that we need to address with
the Florida Public Service Commission. I remember that they were here in this City Hall, and
we testified asking them -- well, I mean, the same question, and I think it's important that new
guidelines be set, but it's up -- it's only up to the Florida Public Service Commission. I think that
we have a representative of the Miami -Dade County and Miami -- Broward in the Florida Public
Service Commission. He needs -- Mr. Isilio Arriaga, and he needs to hear this, and we will be
sending him a copy of this presentation so he understand, but meanwhile -- and we really need to
deal with some cases that are critical, so my motion will be to start this pilot program; $5, 000,
and to request that Florida Power & Light match this money, and we will move forward with the
application for the critical cases.
Chairman Gonzalez: All right. We had a motion and we had a second. The motion that you just
stated is the same motion that you made before, right?
Commissioner Regalado: Yeah.
Chairman Gonzalez: All right, so 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.
Commissioner Regalado: OK. We will have the application in two weeks in all the members of
the City Commission office, so anyone from every district can and will apply, and of course,
ACORN, they understand the rules. They have been working with other entities. Thank you --
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Vice Chairman Sanchez: Commissioner --
Commissioner Regalado: -- very much, Mr. --
Chairman Gonzalez: All right.
Vice Chairman Sanchez: -- could I make a suggestion, it also be provided at all NET offices?
Some people may have a hard --
Commissioner Regalado: Oh, absolutely.
Vice Chairman Sanchez: -- time coming to City Hall.
Commissioner Regalado: No. The NET office --
Vice Chairman Sanchez: They could visit their neighborhood NET office.
Commissioner Regalado: -- the NET offices and the City Commissioners' office. Thank you very
much.
Chairman Gonzalez: All right.
Commissioner Regalado: Thank you for coming.
Chairman Gonzalez: That conclude your blue pages or --?
Commissioner Regalado: No.
Applause.
D4.4 06-01772 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR
JEB BUSH AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT LEGISLATION BANNING CELLULAR TELEPHONE USAGE BY
MOTOR VEHICLE DRIVERS, WHILE LOCATED IN A SCHOOL ZONE;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN.
06-01772 Legislation.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-06-0603
Commissioner Regalado: The other motion is now that the committees are working on the State
Legislature that it's going to meet next year, but all the proposals need to be in place by
November and December. As you all remember, there was a horrible accident in District 4
several month ago when a child, ten years old, was killed by a lady that was driving with a
cellular phone and couldn't even see the signs or the lights of the school zone on Flagler and
53rdAvenue; same thing happened in Doral just a few weeks ago, and the motion is to urge the
governor of the state of Florida and the members of the Florida Legislature and the Florida
Delegation to support the -- a proposal, that is now in committee, to ban the uses of cellular
phone in the school zones throughout the state of Florida. As you know, municipalities cannot
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approve any traffic laws; that is the state of Florida, so my motion is just to send this resolution
of support for that measure to the Florida Legislature through the Miami -Dade County Florida
Legislature -- Delegation. That would be my motion.
Chairman Gonzalez: All right. We have a motion.
Commissioner Haskins: Second.
Chairman Gonzalez: Is there a second? And we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Motion carries.
DISTRICT 5
COMMISSIONER MICHELLE SPENCE-JONES
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PUBLIC HEARINGS
PH.1 06-01678 ORDINANCE Public Hearing
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE
WIDTH OF NORTHWEST/NORTHEAST 79 STREET, BETWEEN BISCAYNE
BAY AND THE WEST CITY LIMITS, MIAMI, FLORIDA; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
06-01678 Legislation .pdf
06-01678 Summary Form.pdf
06-01678 Notice of Public Hearing .pdf
WITHDRAWN
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, to withdraw item PH.1.
Chairman Gonzalez: Mr. Manager, I think you want to defer an item?
Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me, I would like to defer
PH.1. I've talked to the FDOT (Florida Department of Transportation), and the FDOT still has
to, I think, do some additional work to our satisfaction before this item can be considered by the
Commission.
Commissioner Haskins: I thought it was getting --
Chairman Gonzalez: All right. We need a motion --
Commissioner Haskins: -- withdrawn.
Chairman Gonzalez: -- to defer PH.1.
Vice Chairman Sanchez: So move.
Commissioner Spence -Jones: Second.
Commissioner Haskins: Is it withdrawn or deferred?
Chairman Gonzalez: Defer, right?
Mr. Hernandez: We're withdrawing it.
Chairman Gonzalez: Withdrawing.
Mr. Hernandez: It's a withdrawal.
Chairman Gonzalez: All right. Do I hear a motion to withdraw?
Vice Chairman Sanchez: So move.
Commissioner Haskins: Second.
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Commissioner Spence -Jones: Second.
Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
PH.2 06-01679 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BANKS
SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY
DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL
CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET
FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE
PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS
SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING
FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
06-01679 Legislation.pdf
06-01679 Exhibit .pdf
06-01679 Exhibit 2 .pdf
06-01679 Exhibit 3 .pdf
06-01679 Exhibit 4 .pdf
06-01679 Exhibit 5 .pdf
06-01679 Exhibit 6 .pdf
06-01679 Summary Form.pdf
06-01679 Notice of Public Hearing .pdf
06-01679 Public Works Notice .pdf
06-01679 Legal Description.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-06-0607
Chairman Gonzalez: All right. Let's take PH.2.
Vice Chairman Sanchez: Yeah. Let's get some of these out of the way.
Chairman Gonzalez: Let's move some of these.
Vice Chairman Sanchez: PH.2. It's a plat.
Chairman Gonzalez: It's a plat.
Commissioner Spence -Jones: PH.2.
Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.2 is a resolution
accepting the proposed plat of Banks Subdivision, which is located along the south side of
Northeast 87th Street, just west of Northeast Bayshore Drive to the north.
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Meeting Minutes October 12, 2006
Vice Chairman Sanchez: So move.
Chairman Gonzalez: All right. Is there opposition to this item?
Vice Chairman Sanchez: Public hearing.
Chairman Gonzalez: 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. We have a --
Commissioner Spence -Jones: Second.
Chairman Gonzalez: -- motion and we have a second. It is an ordinance, isn't it?
Ms. Grindell: Resolution.
Julie O. Bru (Deputy City Attorney): It's a resolution.
Chairman Gonzalez: It's a resolution.
Vice Chairman Sanchez: A resolution.
Chairman Gonzalez: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
PH.3 06-01680 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "WATSON ISLAND
SOUTHWEST," 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.
06-01680 Legislation .pdf
06-01680 Exhibit .pdf
06-01680 Exhibit 2 .pdf
06-01680 Exhibit 3 .pdf
06-01680 Exhibit 4 .pdf
06-01680 Exhibit 5 .pdf
06-01680 Exhibit 6 .pdf
06-01680 Summary Form.pdf
06-01680 Notice of Public Hearing.pdf
06-01680 Public Works Nortice .pdf
06-01680 Legal Description.pdf
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10:30 A.M.
Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0608
Chairman Gonzalez: PH 3.
Stephanie Grindell (Director, Public Works): PH.3 is a resolution accepting the proposed plat
of Watson Island Southwest, which is located along the southwesterly side of Watson Island.
Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants
to address the Commission, please come forward. Seeing none, hearing none, the public hearing
is closed.
Vice Chairman Sanchez: So move.
Chairman Gonzalez: We have a motion.
Commissioner Haskins: Second.
Chairman Gonzalez: We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
Julie O. Bru (Deputy City Attorney): For the record, Mr. Chairman, that plat was substituted --
Chairman Gonzalez: Substituted, right.
Ms. Bru: -- so as substituted.
Chairman Gonzalez: As substituted.
Ms. Bru: Thank you.
A sign language interpreter translated discussion of items PH.4 and PH5.
PH.4 06-01681 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY
Development SHELTER GRANT ("ESG") FUNDS, IN THE AMOUNT $96,330.76, FROM
BETTER WAY OF MIAMI, INC.; ALLOCATING SAID FUNDS TO SUNDARI
FOUNDATION, INC., FOR EMERGENCY SHELTER AND TRANSITIONAL
OPERATING COSTS AT THE LOTUS HOUSE, A FACILITY LOCATED AT 217
NORTHWEST 15 STREET, MIAMI, FLORIDA, WHICH HOUSES THIRTY (30)
HOMELESS WOMEN; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
EXISTING AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSE.
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Meeting Minutes October 12, 2006
Votes:
06-01681 Legislation .pdf
06-01681 Exhibit .pdf
06-01681 Exhibit 2.pdf
06-01681 Exhibit 3.pdf
06-01681 Exhibit 4.pdf
06-01681 Exhibit 5.pdf
06-01681 Exhibit 6.pdf
06-01681 Exhibit 7.pdf
06-01681 Exhibit 8.pdf
06-01681 Exhibit 9.pdf
06-01681 Exhibit 10.pdf
06-01681 Exhibit 11.pdf
06-01681 Exhibit 12.pdf
06-01681 Exhibit 13.pdf
06-01681 Exhibit 14.pdf
06-01681 Summary Form.pdf
06-01681 Public Notice.pdf
06-01681 Text File Report.pdf
06-01681 Pre -Attachment .pdf
06-01681 Text File Report 2 .pdf
06-01681 Pre -Attachment 2 .pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this
matter be ADOPTED PASSED by the following vote.
Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
R-06-0604
Chairman Gonzalez: Let's go back to the PH (Public Hearing) -- the public hearing items that
were supposed to be heard --
Commissioner Spence -Jones: Are you going to --?
Chairman Gonzalez: -- at 10:30 this morning.
Commissioner Spence -Jones: Mr. Chairman, are you going -- you're not going to do your --?
Chairman Gonzalez: What?
Vice Chairman Sanchez: He's going to go back later on.
Commissioner Spence -Jones: Later on.
Vice Chairman Sanchez: Mr. Chairman, after --
Chairman Gonzalez: Later on.
Vice Chairman Sanchez: -- these two items --
Chairman Gonzalez: Later on because --
Vice Chairman Sanchez: -- I respectfully request if we could hear RE.4.
Chairman Gonzalez: We will.
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Meeting Minutes October 12, 2006
Vice Chairman Sanchez: Individuals that are here -- I know we're entertainment -- we're
entertaining at times, but I'm sure they've got better things to do.
Chairman Gonzalez: We will.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: Yes. Good morning, Mrs. Rodriguez.
Barbara Gomez -Rodriguez (Director): Barbara Gomez -Rodriguez, Department of Community
Development. PH 4, we're requesting approval to transfer $96, 330.76 from Better Way of
Miami to Sundari Foundation, and this is an emergency transitional homeless shelter called
Lotus House, located in 217 Northwest 15th Street, which is currently houses 30 homeless
women. We've been working with Sundari Foundation for the last six months. In July 13, this
Commission awarded them $50, 000. We're in the process of completing some rehab work on
that property, and they are short of money, and this is the best RFP (Request for Proposals) we
have received.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
speak on this item, please come forward.
Commissioner Spence -Jones: I just want to add --
Chairman Gonzalez: Yes, ma'am.
Commissioner Spence -Jones: OK. I'll let Constance go first.
Constance Collins: Thank you. My name is Constance Collins. I'm the president of the Sundari
Foundation, and we operate the Lotus House shelter in Overtown for homeless women. I want to
thank the Department of Community Development, Commissioner Spence -Jones for adopting our
house, and each of you for considering this matter today. The Lotus House shelter serves women
with a wide range of services from computer classes to job training and placement, counseling,
assistance with their medical needs, assistance with psychiatric needs, art, music, yoga; we
really run the gamut. Our goal is to help women, empower women really to make a positive
change in their lives on every level. We serve currently actually 31 women at the House. We
opened in March of this year, and right now, we're building our resource -- or renovating our
resource center to move some of those activities from the very small quarters we occupy into that
building, and we're also working very hard to add an additional 15 beds with another building
that's right behind us to fold into the shelter. I can tell you that the numbers of homeless women
that are out there on the streets or coming to us from all different sources are growing. It is hard
to sleep at night sometimes when you have women coming at your door every week crying,
desperate, starving really; in need of medical treatment, in need of assistance for untreated
mental illness, desperate to really make a change; living in violent circumstances; coming from
really all of the temporary shelters because they've used up their time at those shelters or coming
straight off the streets. We feel like we never do enough, but with your help, we can do more --
Chairman Gonzalez: Thank you.
Ms. Collins: -- and so we thank you.
Chairman Gonzalez: Thank you.
Commissioner Spence -Jones: Thank you, Constance.
Commissioner Regalado: Mr. Chairman --
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Chairman Gonzalez: All right.
Commissioner Regalado: -- ifI may just for the --
Chairman Gonzalez: Let me --
Commissioner Regalado: -- information.
Chairman Gonzalez: -- could you let me finish the public hearing before --? And then I'll bring
it back to the Commission, and then we can --
Commissioner Regalado: No. It's about this -- for this item.
Chairman Gonzalez: Yeah. I'm talking about --
Commissioner Regalado: OK.
Chairman Gonzalez: -- this item, butt have a public hearing open. Anyone else from the public
that wants to speak on this item, please come forward. Seeing none, hearing none, the public
hearing is closed. It comes back to the Commission. Commissioner Regalado, you're
recognized. Commissioner Spence -Jones.
Commissioner Regalado: Briefly, just wanted to inform the members of the Commission and the
City staff that, in the last meeting of the Homeless Trust -- I am your representative in the
Homeless Trust and in the executive committee -- the Sundari Foundation was award a program
by the Homeless Trust of the City ofMiami. They went through all the process. A team of the
Homeless Trust staff visited and certified the place, and it is a great program, and Commissioner
Spence -Jones, we just wanted to report to you that they went through all the screening, and the
treatment of the women there is of quality. That's all.
Chairman Gonzalez: Thank you.
Commissioner Spence -Jones: And I'm going to --
Chairman Gonzalez: Commissioner Spence -Jones.
Commissioner Spence -Jones: I know we're trying to move things, but I just want to say thank
you to CD (Community Development) for really working along with Constance and the ladies of
Lotus. As you know, this is one of my pet projects. Homelessness is a big issue in my district,
and we have about 13 women that have become mentors to these women in the Lotus House and
in Somerville because we think that it's very, very important for us to work along with getting
these women from out of those shelters, and hopefully, into their own housing, but this -- these
dollars would at least help them expand their existing services that they have, and I just want to
thank CD and also Constance, and I'd like to move this item.
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.
PH.5 06-01682 RESOLUTION
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Meeting Minutes October 12, 2006
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING
Development OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, FOR FISCAL YEAR
2006-2007, IN THE TOTAL AMOUNT OF $213,750, FROM THE AGENCIES
AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED;
ALLOCATING SAID FUNDS, IN THE AMOUNT OF $85,500, TO MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION, INC., TO PROVIDE
LONG TERM RENTAL ASSISTANCE AND THE AMOUNT OF $128,250, TO
CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE
LONG TERM RENTAL ASSISTANCE PROGRAM; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE EXISTING AGREEMENT WITH MIAMI BEACH
DEVELOPMENT CORPORATION, INC., FOR SAID PURPOSE.
06-01682 Legislation .pdf
06-01682 Exhibit .pdf
06-01682 Exhibit 2 .pdf
06-01682 Exhibit 3 .pdf
06-01682 Exhibit 4 .pdf
06-01682 Summary Form.pdf
06-01682 Public Notice.pdf
06-01682 Text File Report.pdf
06-01682 Fund Chart.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-06-0605
Chairman Gonzalez: PH 5.
Barbara Gomez -Rodriguez (Director, Community Development): PH.5, we're requesting two
things: One, we have received information from Douglas Garden Community Mental Health
Center ofMiami Beach and James E. Scott Community Association that they will not be
renewing our lease -- our contract with them, effective October 1, and we are recommending that
we award $85, 000 to Miami Beach Development Corporation, and that 128,250 to the
Department of Community Development. This is basically the clients that were served by
Douglas Garden were clients that live in Miami Beach. These are HOPWA (Housing
Opportunities for Persons with AIDS) clients, and we felt that the only other agency we had in
the district was Miami Beach Development Corporation.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
speak on this item, please come forward. Seeing none, hearing none, the public hearing is
closed. Do I hear a motion?
Vice Chairman Sanchez: So move.
Chairman Gonzalez: We have a --
Commissioner Regalado: Second.
Chairman Gonzalez: -- motion and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
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Chairman Gonzalez: Those opposed have the same right. Motion carries. Thank you, Barbara.
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ORDINANCES - SECOND READING
SR.1 06-01459 ORDINANCE Second 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
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
DEFERRED
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, with Commissioners Haskins and Regalado absent, to defer item SR.1
to the City Commisison meeting currently scheduled for November 9, 2006.
Chairman Gonzalez: All right. Let's go to the ordinances. SR.1.
Vice Chairman Sanchez: SR.1, Mr. Chairman, I would respectfully request to be heard in the
afternoon --
Chairman Gonzalez: All right.
Vice Chairman Sanchez: -- so we'll table it for now.
[Later..]
Chairman Gonzalez: (INAUDIBLE) ready to resume the Commission meeting of October 12,
2006. Wow.
Vice Chairman Sanchez: We're -- did people know we were going to start at --
Chairman Gonzalez: Wow. There's --
Vice Chairman Sanchez: -- 2:30? There's nobody here.
Chairman Gonzalez: -- nobody's here, right.
Commissioner Spence -Jones: That means we're going to get through it.
Chairman Gonzalez: Vice Chairman Sanchez, are you ready for SR.1 or you want to wait?
Vice Chairman Sanchez: No, no. As a matter of fact -- well, SR.1, as you know, was an
ordinance. We wanted to create an ordinance that was a stronger law on the books to
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Meeting Minutes October 12, 2006
discourage the -- a conflict of interest when our employees were awarding contracts, but you
know, I have had some concern from not only the Administration, but some individuals, and I
would -- really would like to pull the item so I could better craft it and better -- well -- provide a
well-defined legislation to this ordinance. I could tell you this much, that some of the concerns
that were presented to me were very valid, and what I would like to do is defer the item, because
I want to take the opportunity to meet with the Ethics Commission and with the Legal
Department to provide clarity and provide teeth, because I mean, if we want to -- I want to really
provide a legislation that not own has the teeth, but doesn't have any loopholes to go around,
and I want to be fair also, so at this time, Mr. Chair, that item, I would ask for the item to be
deferred to --
Chairman Gonzalez: All right.
Vice Chairman Sanchez: -- the next City Commission meeting.
Chairman Gonzalez: All right. We have a motion to defer SR.1.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: The item has been defer.
SR.2 06-01507 ORDINANCE
Second 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 Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Noes: 1 - Commissioner Haskins
12835
Chairman Gonzalez: SR.2.
Mario Soldevilla: Good morning, Commissioners. Mario Soldevilla, director of Solid Waste.
This is a second reading ordinance amending --
Chairman Gonzalez: Right.
Mr. Soldevilla: -- Chapter 22, Section 50 [sic] and Sections 22-6, I --
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Chairman Gonzalez: All right.
Mr. Soldevilla: -- and J.
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. We
need a motion.
Vice Chairman Sanchez: So move.
Commissioner Spence -Jones: Second.
Vice Chairman Sanchez: Second reading.
Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Madam City
Attorney.
The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru.
Chairman Gonzalez: Roll call, please.
Pamela Burns (Assistant City Attorney): Roll call. Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Burns: Commissioner Haskins?
Commissioner Haskins: No.
Ms. Burns: Commissioner Spence -Jones?
Commissioner Spence -Jones: Yes.
Ms. Burns: Vice Chairman Sanchez?
Vice Chairman Sanchez: Yes.
Ms. Burns: Chairman Gonzalez?
Chairman Gonzalez: Yes, ma'am.
Ms. Burns: The ordinance has been approved on second reading, 4/1.
SR.3 06-01141 ORDINANCE Second Reading
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING THE
Attorney RECOMMENDATION OF THE VIRGINIA KEY BEACH PARK TRUST AND
AMENDING CHAPTER 38/ARTICLE VI, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND
RECREATION/VIRGINIA KEY BEACH PARK TRUST," MORE
PARTICULARLY BY AMENDING SECTION 38-232, TO REFLECT VIRGINIA
KEY BEACH PARK'S NEWLY REVISED NAME AS THE "HISTORIC VIRGINIA
KEY BEACH PARK;" CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
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06-01141 Legislation FR/SR.pdf
06-01141 Cover Memo SR.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
12857
Chairman Gonzalez: SR.3. SR.3. Anyone from the Administration --
Commissioner Spence -Jones: Virginia Key Beach Trust.
Chairman Gonzalez: -- on SR.3?
Commissioner Spence -Jones: It's just a name change, right?
Chairman Gonzalez: It's a second reading ordinance.
David Shorter: David Shorter, Virginia Key Beach president. This is just to reflect a name
change for Virginia Key Beach from Old Virginia Key Beach to Historic Virginia Key Beach.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: So moved.
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 --
Vice Chairman Sanchez: Second.
Chairman Gonzalez: -- hearing is closed.
Vice Chairman Sanchez: Second. First and second.
Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Madam City
Attorney.
The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru.
Chairman Gonzalez: Roll call, please.
Pamela Burns (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: The ordinance has been approved on second reading, 5/0.
SR.4 06-01289 ORDINANCE Second Reading
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE
Attorney XI OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS,
COMMITTEES, COMMISSIONS," BY AMENDING CERTAIN SECTIONS
RELATING TO THE OVERTOWN ADVISORY BOARD, ESTABLISHING THAT
THE OVERTOWN ADVISORY BOARD SHALL HEREAFTER BE KNOWN AS
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THE OVERTOWN COMMUNITY OVERSIGHT BOARD; EXPANDING THE
PURPOSE OF THE OVERTOWN COMMUNITY OVERSIGHT BOARD;
AMENDING PROVISIONS RELATING TO MEMBERSHIP AND
QUALIFICATIONS FOR MEMBERSHIP; SETTING FORTH PROCEDURES
FOR ELECTION AND APPOINTMENT OF MEMBERS AND PROVIDING FOR
THE APPOINTMENT OF YOUTH BOARD MEMBERS; AMENDING
PROVISIONS RELATING TO THE TERMS OF OFFICE; PROVIDING FOR
NECESSARY STAFFING; PROVIDING FOR "SUNSET" REVIEW BY
AMENDING SECTION 2-892 OF THE CITY CODE; AND CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE.
06-01289 Legislation SR .pdf
06-01289 Legislation FR .pdf
06-01289 Cover Memo SR .pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
12858
Chairman Gonzalez: SR.4, second reading. Anyone from the Administration on SR.4?
Vice Chairman Sanchez: Let's pass that one because there's a substitution attached to it, so --
Commissioner Spence -Jones: Substitution attached to this?
Vice Chairman Sanchez: Yep.
Julie O. Bru (Deputy City Attorney): SR.4 is second reading on an ordinance whereby we
modified the provisions related to the Overtown -- the former Overtown Advisory Board, now
known as the Overtown Community Oversight Board. The item --
Chairman Gonzalez: Right.
Ms. Bru: -- was substituted purely just to clean up some --
Commissioner Spence -Jones: Language.
Ms. Bru: -- typographical errors, so we're ready to read it if --
Chairman Gonzalez: All right. Go ahead.
Ms. Bru: -- once you vote on it.
Vice Chairman Sanchez: Make a motion.
Commissioner Spence -Jones: So move.
Vice Chairman Sanchez: Second.
Chairman Gonzalez: All right. We have a motion and we have a second. It's a public hearing.
Anyone from the public that wants to address the Commission on this item, please come forward.
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Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. I am for this change because, with
the history of the Overtown Advisory Board, I think it's a move in the right direction so that we
could start working closer with the Administration and start getting some things done. Thank
you.
Vice Chairman Sanchez: Amen.
Chairman Gonzalez: Thank you. Roll call, please.
Pamela Burns (Assistant City Clerk): Roll call. Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Burns: Commissioner Haskins?
Commissioner Haskins: Yes.
Julie O. Bru (Deputy City Attorney): I need to read the ordinance.
Ms. Burns: OK.
Chairman Gonzalez: Oh, I'm sorry.
Ms. Bru: It's second reading.
Chairman Gonzalez: I'm sorry.
The Ordinance was read by title into the public record by the Deputy City Attorney Julie O. Bru.
Chairman Gonzalez: Second roll call, please.
Ms. Burns: Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has been approved on second reading, 5/0.
SR.5 06-01706 ORDINANCE Second Reading
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Attorney ATTACHMENT(S), AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY
AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND
"COMMUNITY REVITALIZATION" WHICH CREATED THE MODEL CITY
COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST"),
PURSUANT TO ORDINANCE NO. 12082, ADOPTED JULY 10, 2001, BY
REPEALING ALL SECTIONS RELATED TO THE MODEL CITY TRUST, AND
SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE
LIBERTY CITY COMMUNITY REVITALIZATION TRUST BY DESIGNATING
THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S
JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND
INSTRUMENTALITY OF THE CITY OF MIAMI, SETTING FORTH THE
LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S PURPOSE,
POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND
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BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED
WITH; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND
PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP
QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH,
QUORUM AND VOTING, MEETINGS, ABOLISHMENT, A PRESIDENT/CHIEF
EXECUTIVE OFFICER AND STAFF, COUNSEL, BUDGET APPROVAL AND
ANNUAL REPORT; PROVIDING FOR "SUNSET" REVIEW; MORE
PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 2 TO
CHAPTER 12.5, OF THE CITY CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
06-01706 Legislation SR.pdf
06-01706 Cover Memo SR.pdf
06-01706 Legislation FR.pdf
06-01706 Exhibit FR/SR .pdf
06-01706 Submittal 09-28-06.pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
12859
Chairman Gonzalez: SR.5, Model City Trust.
Commissioner Spence -Jones: Oh, it's a public hearing.
Vice Chairman Sanchez: No, no. I know, I know, but I'm --
Chairman Gonzalez: It's also a second reading.
Vice Chairman Sanchez: DDA (Downtown Development Authority)? DDA?
Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on
this item, please come forward.
Elaine Black: Hello. My name is Elaine Black. I am the president/CEO (Chief Executive
Officer) of the Model City Trust, and I'm here to -- in support of this item, which changes the
name to the Liberty City Trust, and the mission of the organization, and we're willing and ready
to move forward. Thank you.
Chairman Gonzalez: Thank you.
Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. You might wonder why I'm so
concerned about what's happening in Model City. I was born in Liberty City. As a matter of
fact, in Pork & Bean City, so it's my home; that's where I grew up at, and basically, we still
spend most of our time there, so I'm in support of this item, and I really do appreciate your
concern and consideration. Thank you.
Chairman Gonzalez: Thank you. Yes, sir.
Anthony Cutler: Good morning, Commissioner. Anthony Cutler. I'm also in port of -- support
of this item, as well, because like my brother just stated, you know, we was born here, and we
concerned about the issues and things that's going on in the community, so we support this issue,
as well.
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Meeting Minutes October 12, 2006
Chairman Gonzalez: Thank you.
Commissioner Spence -Jones: Thank you.
Mr. A. Cutler: Thank you very much.
Chairman Gonzalez: Anyone else? That concludes the public hearing; brings it back to the
Commission. Madam City Attorney.
Vice Chairman Sanchez: No. I need a motion.
Pamela Burns (Assistant City Clerk): Need a motion.
Commissioner Spence -Jones: Oh, she has to read it?
Vice Chairman Sanchez: No. Motion.
Ms. Burns: Need a motion.
Commissioner Spence -Jones: Oh, so moved.
Vice Chairman Sanchez: Second.
Chairman Gonzalez: All right. We have a motion and we have a second. Read the ordinance,
please.
The Ordinance was read by title into the public record by the Deputy City Attorney Julie O. Bru.
Chairman Gonzalez: Roll call, please.
Ms. Burns: Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: The ordinance passes on second reading, 5/0, and is that with modifications?
Julie O. Bru: Just for the record, there was a substitution, but it was just to articulate within the
text of the ordinance what the oath would say, instead of making reference to an oath that's
included in another chapter.
Vice Chairman Sanchez: Minor cleanup language.
Ms. Bru: Yes.
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ORDINANCES - FIRST READING
FR.1 06-01711 ORDINANCE First Reading
Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Development 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI,
Authority FLORIDA, AS AMENDED, ENTITLED " DOWNTOWN
DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT
AUTHORITY," TO AMEND: (I) MEMBERSHIP QUALIFICATIONS, (II) THE
TIME IN WHICH THE CITY COMMISSION MAY REJECT AN APPOINTEE
FOR OFFICE, (III) TERM OF OFFICE, (IV) THE BOARD'S POWER TO
EMPLOY STAFF, AND (V) BASIS FOR REMOVAL OF BOARD MEMBERS;
PROVIDING FOR THE AMENDMENTS TO APPLY AS OF AUGUST 1, 2006;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
06-01711 Legislation .pdf
06-01711 Cover Memo.pdf
06-01711 Pre -Legislation .pdf
06-01711 Pre -Legislation 2 .pdf
DEFERRED
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, with Commissioner Haskins absent, to defer item FR.1 to the City
Commisison meeting currently scheduled for November 9, 2006.
Chairman Gonzalez: All right. FR.1.
Vice Chairman Sanchez: FR.1 is the DDA (Downtown Development Authority).
Sandra Hernandez: Good afternoon. This -- my name is Sandra Hernandez. I'm representing
the Miami Downtown Development Authority, located at 200 South Biscayne Boulevard, Miami,
Florida. This is basically just some change in the Chapter 14 of the Code to reflect some
changes that our board wanted to make in relation to board -- membership qualification,
appointment, how the, -- you know, rejecting of the appointments and so forth. It's just really
cleaning up of the ordinance to reflect the wishes of the board.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
speak on this item, please come forward. Seeing none, hearing none, the public hearing is
closed. Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. How much is the budget of the DDA now?
Ms. Hernandez: I -- I'm sorry; I don't have that information with me right now.
Commissioner Regalado: Because we requested information two days ago about this ordinance,
and no one from the DDA responded, so I don't understand the changes. Are you trying for the
executive director to have more authority in hiring people, in firing people? That's basically it?
Ms. Hernandez: No, no, no.
Vice Chairman Sanchez: No.
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Ms. Hernandez: This has to do with composition of the board.
Commissioner Regalado: Yes. It says here the membership, but also the authority of the -- to
employ -- the board's power to employ staff.
Ms. Hernandez: Correct. What had happened in the past, the ordinance read that every
position in the staff needed to be approved by the City Commission. I mean, down to the
receptionist, secretaries, and so forth. The board hasn't practiced that. What has been
happening is the board hires the executive director; the executive director hires its staff and so it
was just cleaning up the language to reflect what is actually taking place.
Vice Chairman Sanchez: As it should be.
Chairman Gonzalez: As it should be, yeah.
Vice Chairman Sanchez: And Commissioner, ifI may, this also is increasing the board term
from three to four years, making the maximum concurrent term 12 years, and also setting a
quorum. These are things that are being -- we're fine-tuning it because they just wasn't working,
so this is just some -- now, if you feel comfortable, what we could do, we could defer the item
until the executive director's here to answer your questions pertaining any of the items.
Commissioner Regalado: Well, I'm just -- I was curious because I don't understand those
changes that are made.
[Later...]
Vice Chairman Sanchez: Mr. Chairman, as the Chairman of the DDA, I will respectfully request
that both FR.1 and FR.2 be deferred to the next Commission meeting.
Chairman Gonzalez: All right. We have a motion to defer FR.1 and FR.2. Is there a second?
Vice Chairman Sanchez: We'll do it separately. So move to defer FR.1.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second to defer --
Commissioner Regalado: Just --
Chairman Gonzalez: -- FR.1.
Commissioner Regalado: -- for the -- I think that, you know, I -- the Manager always -- this
Manager, not the last Manager, but this Manager, always brief me in everything that he has in
the agenda. The City Attorney brief me andl have many, many, many, many questions. On
these two items I asked the City Attorney, and she refer me to, of course -- I mean, she explain it,
butt still don't understand. That's why, like about three days ago, we requested some
information from the DDA, and we didn't get it.
Sandra Hernandez: I apologize for that. I'm not aware of the request for information. Usually,
it would have gone to the executive director or myself and I know that did not see any requests.
It might be with the executive director. I'm not sure.
Commissioner Regalado: Yeah, it was done to the -- we thought to the executive director. It was
done by my office to the executive director --
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FR.2 06-01775
Downtown
Development
Authority
Ms. Hernandez: I will check on that.
Commissioner Regalado: -- but that's not the point, and you know, I just wanted to understand,
since we're doing here something about downtown, and wanted to know the budget, and the
employees and all that at that agency, since I have to vote on it, so --
Vice Chairman Sanchez: The executive director should have briefed all the Commissioners, all
right. Look, the DDA is going through some transition. As a matter of fact, today we're
approving several board members -- new board members that are coming in to the DDA, but
there's no excuse. The executive director -- although there was a memo from the City Manager
to all the Commissioners explaining everything, perfectly fine, the executive director should have
sat with all the Commissioners and explain these. These are just minor, minor changes to our
bylaws. That's all it is, but I am in agreement with you that whatever questions you had,
Commissioner, the executive director -- and that is his responsibility to sit with you and answer
all the questions you have, so let's not, you know, kill a horse here --
Chairman Gonzalez: No. Let's not --
Vice Chairman Sanchez: -- or beat a horse to death.
Chairman Gonzalez: -- beat a dead horse, huh?
Vice Chairman Sanchez: Let's not beat a horse to death here. Let's just go ahead and defer
FR.1. There's a motion already to defer. Is there a second?
Chairman Gonzalez: There was a second to defer FR.1. All in favor, say "aye."
The Commission (Collectively): Aye.
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW
OF BOARDS GENERALLY," MORE PARTICULARY BY AMENDING
SECTIONS 2-884, 2-885, 2-886 AND 2-887 TO RECOGNIZE EXEMPTIONS
PROVIDED BY OTHER CHARTER OR CODE PROVISIONS PERTAINING TO
SPECIFIC BOARDS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
06-01775 Legislation .pdf
06-01775 Cover Memo .pdf
06-01775 Pre -Legislation .pdf
DEFERRED
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, to defer item FR.2 to the City Commisison meeting currently scheduled
for November 9, 2006.
Commissioner Regalado: And I also -- I have a question on the next one, FR.2, because it seems
to me, City Attorney, that this is -- if we change this for Downtown Development Authority, we're
changing this for other agencies, is that -- ?
Julie O. Bru (Assistant City Attorney): No. On FR.2, Commissioner, there's a quorum
requirement that is applied generally to boards throughout the city, unless specifically, in Article
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2,[sicJ, we exempt those boards, so what's being done in FR.2 is that we are specifically
exempting the DDA and MSEA (Miami Sports & Exhibition Authority) from the quorum
requirements that otherwise would generally apply throughout the City.
Chairman Gonzalez: You know, let me tell you. As a Chair, I have a serious problem with
what's going on in this Commission lately, OK, and that is that I find that many of my colleagues
have to spend considerable amount of time -- and I talked to you about that yesterday, Mr. City
Manager -- discussing items -- and I don't know if everybody gets briefed on the agenda. I hope
that every Commissioner gets briefed on the agenda, as I do, but when I come to the
Commission, I rarely have much questions on the item because I was briefed --
Vice Chairman Sanchez: So do I.
Chairman Gonzalez: -- and at the time of the briefing, I asked all the questions that I have to
ask, and let me tell you. Seeing what's going on on these two items, I don't know if my colleague
was briefed on these two items, but he should have been briefed. I know that I wasn't, and I don't
know if any of you did. I don't know what you want to do, but ifI were you, I would defer the
items until the next Commission meeting, and then have someone -- the chairman of the board or
Vice Chairman Sanchez: Mr. Chairman.
Chairman Gonzalez: -- you know, or the executive director come to you and explain to you what
they're trying to do on this item.
[Later...]
Vice Chairman Sanchez: I move to defer FR.2 to the next Commission meeting, and we'll have
the executive director meet with all the Commissioners.
Sandra Hernandez: Thank you.
Chairman Gonzalez: We have a motion to defer FR.2. Is there a --
Commissioner Spence -Jones: Second.
Chairman Gonzalez: -- second? And we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: The item has been defer, and it's 12:30. We're going to call a recess. We
should be back by -- what's the will of the Commission, 2:30?
Vice Chairman Sanchez: 2:30's fine.
Chairman Gonzalez: 2:30.
Commissioner Regalado: 2:30.
Chairman Gonzalez: 2:30.
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RESOLUTIONS
RE.1 06-01686 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 $550,000, FOR
tation THE OLD MIAMI HIGH A/K/A FIRST MIAMI HIGH AND DORSEY MEMORIAL
LIBRARY CAPITAL PROJECTS; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE RESPECTIVE PROJECT AGREEMENTS, IN
SUBSTANTIALLY ATTACHED FORMS, FOR SAID PURPOSES; AND
AMENDING THE CAPITAL IMPROVEMENTS PROJECTS APPROPRIATIONS
RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005 AS AMENDED,
TO REFLECT THE ADDITION OF SAID FUNDS.
06-01686 Legislation .pdf
06-01686 Exhibit .pdf
06-01686 Exhibit 2 .pdf
06-01686 Exhibit 3 .pdf
06-01686 Exhibit 4 .pdf
06-01686 Exhibit 5 .pdf
06-01686 Summary Form.pdf
06-01686 Pre -Legislation .pdf
06-01686 Text File Report.pdf
06-01686 Text File Report 2 .pdf
06-01686 Agreement Between City & Dade Heritage Trust inc. .pdf
06-01686 Pre -Attachment .pdf
06-01686 Restictive Covenants .pdf
06-01686 General Information .pdf
06-01686 Pre -Attachment 2 .pdf
06-01686 Policies .pdf
06-01686 Resolution.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, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
R-06-0611
Chairman Gonzalez: RE.1. It's a resolution.
Vice Chairman Sanchez: Hold on. Let me --
Commissioner Spence -Jones: RE.1.
Chairman Gonzalez: It's a resolution accepting and appropriating fund received from
Miami -Dade County Building Better Communities general obligation bond (GOB); amending
the capital improvements projects appropriation, resolution number 05-0689, as amended.
Vice Chairman Sanchez: All right. Madam Director, would you just put something on the
record? I'm prepared to move the resolution.
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Mary Conway (Chief of Operations): Mary --
Commissioner Spence -Jones: Second. I'm sorry --
Ms. Conway: Sorry.
Commissioner Spence -Jones: -- and then I have a question.
Ms. Conway: Mary Conway. This is a resolution, as the Chairman mentioned, accepting monies
from Miami -Dade County's general obligation bond, specifically $300, 000 for Old Miami High,
and 250, 000 for Dorsey Memorial Library, both of which are historic restoration projects
intended to be administered jointly by the City and the Dade Heritage Trust.
Chairman Gonzalez: All right. We have a motion and we have a second.
Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Commissioner Spence -Jones: I just had a --
Chairman Gonzalez: Oh, you have a question?
Commissioner Spence -Jones: Yeah, I just have a question, and maybe I just missed it the first
time because I only saw Miami High, but under the Dorsey Memorial Library, I know that the
University ofMiami and that whole group are working on the Dorsey Library, and that happens
to be a library that's really shared by Commissioner Haskins and myself. I don't know --
Commissioner Haskins, have you gotten an update on what's going on with the Dorsey Library?
Commissioner Haskins: No, I have not. I haven't gotten an update recently.
Commissioner Spence -Jones: Because it's on 1st Avenue, and it's --
Commissioner Haskins: I know.
Commissioner Spence -Jones: -- a jewel of a project --
Commissioner Haskins: Right by the --
Commissioner Spence -Jones: Yeah.
Commissioner Haskins: -- Saint John's project --
Commissioner Spence -Jones: Yeah.
Commissioner Haskins: -- and it's really a --
Commissioner Spence -Jones: So you haven't had --
Commissioner Haskins: -- and you know, it -- we've -- we had talked about doing various things
with it; you know, a nice bookstore or something like that. There were different things that we
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talked about doing with it, but I don't know what the status is of that at all.
Ms. Conway: We have an internal meeting scheduled for next Thursday morning that will
involve internal staff as well as Dade Heritage Trust representatives. After that meeting, we'll
put together a briefing and a summary and get back to both of you.
[Later...]
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.
RE.2 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
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
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-06-0612
Chairman Gonzalez: RE.2.
Mary Conway (Chief of Operations): RE.2 is an item that is brought back from the prior
meeting. This is an amendment to the professional services agreement for Camp Dresser &
McKee. They're one of the firms that are providing engineering services associated with flood
mitigation. This request is to increase the total contract amount from 500,000 to 600,000 so that
they can complete the design plans for the Kinloch Storm Sewer project. At the last meeting
there were some questions regarding whether this project overlapped with the Fairlawn IIA
project. It does not. Fairlawn IIA is to the west of this that will have a pump station and an
outfall to the canal through the Maceo Park. This project is to the west of it and uses a French
drain system that will also outfall to the north, but several blocks to the west.
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Chairman Gonzalez: All right. It's a resolution.
Commissioner Regalado: Move it.
Vice Chairman Sanchez: Second.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second. Questions? No questions. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
RE.3 06-01555 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S), AUTHORIZING SPILLIS CANDELA AND
Improvement PARTNERS/D/B/A SPILLIS CANDELA DMJM ("SPILLIS"), TO PERFORM
Programs/Transpor ADDITIONAL COMPREHENSIVE ARCHITECTURAL AND ENGINEERING
tation SERVICES, FOR THE COLLEGE OF POLICING PROJECT, B-72910
("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE
ADDITIONAL SERVICES AND THE ASSOCIATED INCREASE IN FEES
NEGOTIATED AS $874,998, FOR BASIC SERVICES PLUS $10,000, FOR
REIMBURSABLE EXPENSES PLUS $2,000, AS AN OWNER CONTINGENCY
FOR A COMBINED TOTAL OF $886,998, INCREASING THE
PROFESSIONAL SERVICES AGREEMENT FROM $1,398,000 TO
$2,284,998; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL
AMOUNT NOT TO EXCEED $886,998, FROM PROJECT B-72910
CONSISTING OF VARIOUS FUNDING SOURCES, INCLUDING CAPITAL
FUNDS AND OTHER SOURCES AS MAY BECOME AVAILABLE.
06-01555 Legislation.pdf
06-01555 Exhibit.pdf
06-01555 Summary Form.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones
Noes: 1 - Commissioner Regalado
R-06-0614
Chairman Gonzalez: RE.3
Mary Conway (Chief of Operations): RE.3 is a resolution to amend the previously approved
professional services agreement with Spillis Candela and Partners for the College of Policing.
When the item was brought before you previously, it was for a facility that would only house the
police training facility. Subsequent to that, the City has had discussions, the Mayor, the Police
Chief the Manager, along with the School Board, about having a combined facility where there
would be a boutique or a magnet high school program, school of law studies, homeland security,
and forensic sciences in conjunction with the police training facility, and there'll also be a small
portion of space within the structure that will house the City's EOC (Emergency Operation
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Center) operations.
Chairman Gonzalez: All right. It's also a resolution. Is there a motion?
Vice Chairman Sanchez: So move.
Chairman Gonzalez: We have a motion. Is there a second?
Commissioner Regalado: Second for discussion, Mr. Chairman.
Chairman Gonzalez: There is a second. Discussion. Commissioner Regalado.
Commissioner Regalado: I remember when we started talking about the bond issue; that one of
the major points that we discussed was the need for a police training center, and the idea at that
time was, you know, we're going to bring officers from throughout Latin America and train them,
and also the then -Chief of Police said, well, you know, we need a range, a gun range, because
we have to go to the County and it's very complicated and all that. In fact, it's because of this
project that the bond issue got the name of Homeland Security, because we all wanted that, so I
think it's one of the best thing that could ever happen to the City ofMiami. The only thing thatl
cannot understand is in this climate, in this environment -- as we speak, in Albuquerque, New
Mexico there is a situation with a guy with a gun in a school. This morning the Amish school
was demolished. In a week, there have been three shootings in school throughout the United
States; yesterday one student was stab in a high school in Hollywood, so I think we're going
against the national frend here, you know. It will be very weird, to say the least, to have a police
training center and a school on the same -- I mean, a gun range and a police training center is
something that is very difficult to understand, and yesterday when we discussed, we -- you said,
well, they're going to have two doors, and I said, well, one door just guns; another door no guns,
and to me, it's very, very difficult to understand. I think that the police should have the best
training facility ever. I think that they have the space; the site is ideal that we could invite
people from throughout Latin America to frain as a police officer here, but to have a high school
on top of a gun range, it is -- the least is going to happen, it's -- we're going to become national
news, you know, and how can a school coexist with a gun range? That would be a feature story
on CBS (Columbia Broadcast System) News or FOX News. I don't know if this is about money, if
the School Board is going to pitch in. School Board has a lot of money. They have issue $858
million in construction contracts, but you know, I -- just me -- have this issue with -- it doesn't
look right. It may very well function well, but it doesn't look right. If we want to build a high
school in that area, well, we should. The School Board has plenty of money. They have a
budget of seven thousand million dollars, so it's OK for them. They can build whatever they
want, but for me to accept this concept, it will be very difficult. I mean, you know, I have to go
into therapy or something so they could explain to me how kids and guns can coexist in the same
building. Thank you, Mr. Chairman.
Chairman Gonzalez: Chief do you want to address the --?
Police Chief John Timoney: Yes. Thank you very much. Chief of Police, John Timoney, and
Deputy Chief Frank Fernandez. You bring up a very good point, Commissioner, and it's one that
we thought about. Just by way of background, clearly, you've seen the incidents at schools over
the last three or four, five weeks. There's even proposals in certain states made -- that are being
made now to arm teachers, which I would be completely against. You know, do we give teachers
guns so they could protect the students? I mean, I think it's crazy, but in this situation, we've
constructed this school, the police academy and the high school. Even though they are attached,
they are two separate -- entire separate facilities. Regarding the range, the range is completely
apart from and secured. It's secured like Fort Knox, away from the high school itself so I would
never envision, in any circumstance, number one, how they would get access. I mean, they just
wouldn't get access to guns. We are very conscious of that. Your point is well taken, but think
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in the design -- and I'll let Chief Fernandez speak --
Chairman Gonzalez: Chief.
Chief Timoney: -- we've taken that into consideration.
Chairman Gonzalez: IfI understand the concept, this is going to be like a magnet school, right -
Chief Timoney: Exactly, yes, sir.
Chairman Gonzalez: -- for kids that are --?
Chief Timoney: No. I think -- by the way, you're right, it's going to get national attention, butl
think it's going to be positive national attention, because this will be the first of its kind where
you'll have a high school -- you know, normally cops don't get along with kids, and here we have
a situation where we're putting cops and kids together, and these are really self -chosen students
that want to go into the criminal justice field --
Chairman Gonzalez: Potential --
Chief Timoney: -- whether it's as forensic --
Chairman Gonzalez: -- law enforcement.
Chief Timoney: -- experts, law enforcement. Not just cops. They can be anything, lawyers, and
I think it's going to be huge for this City, and I agree with you, it's going to get national
attention, but also think it's going to get good national attention. Chief Fernandez --
Chairman Gonzalez: Very good.
Chief Timoney: -- you want to address the --?
Chairman Gonzalez: Any other questions?
Chief Timoney: No.
Commissioner Regalado: No. Chief --
Deputy Chief Frank Fernandez: Yeah. I just wanted to echo what the chief was saying, and this
project's been underway for a while. I just want to say that we've gone before the School Board,
and we've explained to all the School Board members what the project is, and all of them, accept
for one, actually agree with the project, and they have a huge concern with the weapons and
everything else, but they supported the project wholeheartedly, and I could tell you, and rest
assured that there will be no exposure to -- of weapons to the kids in any which way, shape, or
form. There's a firewall between the school and the police academy. You know, bar none, there
will not be any issues regarding weapons in the school.
Chairman Gonzalez: I remember --
Deputy Chief Fernandez: OK.
Chairman Gonzalez: -- the meeting when the chief went before the School Board; I was
watching, and the only opposition on the School Board members was that they were opposing for
this site to be in the City ofMiami. They wanted it somewhere else in the County, but they didn't
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want it in the City, so -- but everybody was in favor of it, except that they didn't want -- they
didn't approve the location. They wanted it in their neighborhood instead of in the City, so --
Deputy Chief Fernandez: And Commissioner, I think your point is well taken, and I'll tell you,
it's -- these firewalls are security doors, and above and beyond the security doors, there're three
levels deep going into the range, and the range stands alone. There is literally -- and it's almost
impossible for the kids to get to that level.
Chairman Gonzalez: Is there also going to be a driving range at this facility or no?
Deputy Chief Fernandez: No, it's not. There's not enough --
Vice Chairman Sanchez: Not big. It's not big.
Deputy Chief Fernandez: -- space for that. There'll be a tactical course on the outside, but no
driving range. Driving range would actually go to the college at the north campus.
Chairman Gonzalez: All right. Vice Chairman Sanchez.
Vice Chairman Sanchez: Mr. Chairman, I could honestly tell you that this will probably be the
safest school in the United States ofAmerica when you have police officers from all over the
world coming to train. I think the only concern here is as long as the two facilities are
separated, as you stated. This gives us a perfect opportunity to showcase what you can do with a
facility such as this, and giving young individuals, who are looking into the law enforcement
profession, to have a school similar to the Art Institute, to, you know, pilots' mechanic, or to
being a pilot, or whatever you may have in specialty, you will have this opportunity. I have
followed this since it was first talked about years ago, because of my law enforcement
background. The facility that you're putting together -- and Chief I -- let me just take the
opportunity to praise you because you've sat down and you basically reduced it in many ways to
make sure that it's able to be completed and done. It will be a state-of-the-art facility. It will be
able to not only provide training for local police officers; also international police officers that
want to come into the city, and the concept as it is -- I mean, it's something that, at the end of the
day, we could all be very, very, very, very proud of so I want to state for the record, I supported
it since day one and I continue to support it, because you know what? The City ofMiami has to
think outside the box.
Chairman Gonzalez: All right. Any further questions?
Chief Timoney: IfI may, just for the record. You're giving me so much credit. All the work has
actually been done by Chief Fernandez.
Vice Chairman Sanchez: Well, you know --
Deputy Chief Fernandez: Team effort.
Vice Chairman Sanchez: -- the good thing is that we -- the ideas are presented to us and we, as
legislators, we see it and move forward, and like everything -- you know, everything that -- you
know, I've come to a point where I don't think about negativity. You know, I like to look at the
positive things that we -- look, they criticize the Performing Arts Center and, still, you have
people out there criticizing the Performing Arts Center. You know, if we want to be an
international city, we need to have that type of facility. It is a facility that everyone can enjoy
because tickets, if you get online, you have some tickets Monday through Thursday for 10 bucks;
Friday, Saturday, and Sunday, 26 bucks, and it is not for us. It is for the next generations to
come. You want to educate our children? You want to provide them opportunities? Well, you
know what? Not every child in this great nation of ours has an opportunity to sit down and see a
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world -class ballet or a world -class opera, and we have that opportunity. Now they could
compare us to Sydney, Australia, to New York, and before, to see that type of entertainment
culture event, you had to hop on a plane and go somewhere. Well, guess what? People are
hopping on a plane coming to Miami to experience that, and this school, having that
opportunity, you're going to have a lot of people that weren't thinking about going into a
profession, such as law enforcement, that now they'd be wanting to go into that profession,
because I guarantee you, whoever goes to that school, once that individual graduates from that
school, I guarantee you, there'll be police departments from all over South Florida waiting for
them to graduate so they could recruit them, and correct me if I'm wrong, Chief.
Chief Timoney: No. You're absolutely right.
Chairman Gonzalez: All right. Any further questions?
Commissioner Regalado: Just --
Chairman Gonzalez: Commissioner Regalado.
Commissioner Regalado: -- a brief comment. This -- my comments were not about safety. This
will be, of course, the safest school. I mean, the -- even the bullies are going to be scared. This
is not about safety. This is not about the concept of attracting young people for -- to work on law
enforcement. This is just about a perception that the country is trying to get away from and that
we're jumping into it. I believe that the Police should have, like we said when we were
discussing the bond issue, and again, it was -- if someone has a historical memory,
Commissioner Teele and I who design the name of Homeland Security because of this police
academy and this police training center. I -- it's not about negativity. I think it's about -- maybe
because my background is not law enforcement, but public relations, I see it different, and I hope
I'm wrong, but certainly, one thing I agree with the chief it's going to get national attention, so I,
philosophically, cannot support it, butt understand that this is a process and I understand that
all safety factors are being look at it, so that's all I wanted to say, Mr. Chairman.
Chairman Gonzalez: All right. It's a resolution. Is there a motion?
Commissioner Spence -Jones: You already --
Vice Chairman Sanchez: So move.
Commissioner Haskins: Second.
Vice Chairman Sanchez: Do a roll call.
Chairman Gonzalez: We have a motion and we have a second. Do a roll call, Madam City
Clerk.
Pamela Burns (Assistant City Clerk): Roll call. Commissioner Spence -Jones?
Commissioner Spence -Jones: Yes.
Ms. Burns: Commissioner Haskins?
Commissioner Haskins: Yes.
Ms. Burns: Commissioner Regalado?
Commissioner Regalado: No.
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Ms. Burns: Vice Chairman Sanchez?
Vice Chairman Sanchez: Yes, ma'am.
Ms. Burns: Chairman Gonzalez?
Chairman Gonzalez: Yes, ma'am.
Ms. Burns: The resolution passes on a vote of 4/1.
RE.4 06-01692 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
Improvement AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HNTB
Programs/Transpor ARCHITECTURE, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS
tation NO. 05-06-089, AND AS AUTHORIZED BY RESOLUTION NO. 06-0491,
ADOPTED SEPTEMBER 12, 2006, TO PROVIDE
ARCHITECTURAL/ENGINEERING SERVICES, FOR THE "ORANGE BOWL
REDEVELOPMENT PROJECT, B-30153B," IN AN AMOUNT NOT TO
EXCEED $4,500,000, FOR PHASES I -II AND THE CRITICAL EARLY
PORTION OF PHASE III; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. B-30153B; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE FINAL FEE FOR THE REMAINDER
OF PHASE III, SUBJECT TO CITY COMMISSION APPROVAL.
06-01692 Legislation .pdf
06-01692 Exhibit SUB.pdf
06-01692 Exhibit 2 SUB.pdf
06-01692 Exhibit 3 SUB.pdf
06-01692 Exhibit 4 SUB.pdf
06-01692 Exhibit 5 SUB.pdf
06-01692 Summary Form .pdf
06-01692 Text File Report .pdf
06-01692 Submittal Scope of Work.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
R-06-0606
Direction by Commissioner Haskins to the City Manager to provide the Commission with the list
of subcontractors, for last two years, that were hired under any contracts involving Public Works
and Capital Improvements and how they were selected.
Vice Chairman Sanchez: Mr. Chairman, if we could take --
Chairman Gonzalez: RE.4.
Vice Chairman Sanchez: -- RE.4.
Chairman Gonzalez: RE.4. Is there anybody here from the Administration on RE.4?
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Vice Chairman Sanchez: RE.4, the Orange Bowl. It's a resolution, and if we could limit the
speakers.
Alyce Wright: We're not all speaking.
Vice Chairman Sanchez: OK, in that way, we'll --
Pedro G. Hernandez (City Manager): Commissioners, ifI --
Vice Chairman Sanchez: -- get you out of here.
Ms. Wright: Thank you, Chairman, for hearing us out of order, and especially, thank you to --
Chairman Gonzalez: Madam City Clerk -- excuse me a minute --
Ms. Wright: Yes, sir.
Chairman Gonzalez: -- would you please set the clock two minute per speaker?
Ms. Wright: And we won't all be speaking; some good news today. Again, thank you, Chairman,
for hearing us out of order. We certainly appreciate it and --
Chairman Gonzalez: We need your name.
Ms. Wright: My name is Alyce Gowdy Wright. I'm the --
Chairman Gonzalez: Thank you.
Ms. Wright: -- campaign director at South Florida Jobs with Justice.
Chairman Gonzalez: Thank you.
Ms. Wright: That address is 1671 Northwest 17th Avenue. Good morning into noon, and thank
you, especially to Commissioner Sanchez for seeing that the residents around the Orange Bowl
could be heard today, but I'm actually here representing a coalition that is not just residents
around the facility of the Orange Bowl who are concerned with how that development moves
forward, but also small and minority business owners who have taken the day out from their own
jobs, from their own businesses to speak to you today, as well as building trades, unions of the
AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), who are here
to talk about some quality job and training programs that we hope will be incorporated into that
project, so without further ado, I am actually going to allow folks to introduce themselves. We
will only have four speakers. I'd like for, when we are done, those folks who were able to stay
here -- we just lost about 15 residents who had to go back to work and a number of other folks.
We had over 50 people starting at the session this morning, but those who are left, when we are
done speaking, just the four speakers, I'd like those folks who are in support of these principles,
which are community benefits from the development of the Orange Bowl, to please stand. Thank
you.
Chairman Gonzalez: Good morning.
Bill Riley: Good morning. Good morning, Commissioners --
Commissioner Spence -Jones: Morning.
Mr. Riley: -- Mr. Manager. My name is Bill Riley. I'm the business manager for the
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International Brotherhood of Electrical Workers. Our address is 1657 Northwest 17th Avenue.
As business manager of one of the building trades, we know that there's three issues that are
really important to having a successful project. One is that we create a highly qualified facility
in the fastest amount of time with the -- in the most efficient manner. Secondly, that we minimize
disputes in claims, change orders, and litigation, and maintain an open, competitive system for
bidding. As we all know, traditional low bids on a contract can keep all of us from that goal. It
just doesn't work anymore. As an example, reports indicate the Performing Arts project is an
example of that specific situation, and that's just one of many. Instead of-- let's fry -- what we've
been doing in the past, why don't we try something new? Create and offer good paying jobs,
solid benefits, opportunities for certified training programs and professional advancement in the
building trades industries. The Orange Bowl is a flagship property for the City ofMiami, and
let's make sure that the project uplifts Miami and we can work together to make sure that this
happens, and we certainly -- the building trades looks forward to working with the City ofMiami
not only on this project, but many projects in the future, and I appreciate your time, and
certainly appreciate your taking this out of order. Thank you very much.
Chairman Gonzalez: Thank you, sir. Thank you.
Frank Telfort: Hello.
Chairman Gonzalez: Good morning.
Mr. Telfort: My name is Frank Telfort, with the -- with Allied Minority Confractors Association.
I'm a local business owner and president ofAllied Minority Confractors of South Florida. My
business address is 1730 Biscayne Boulevard, Miami, Florida. I'm here this morning to urge
local minority business involvement in the Orange Bowl Stadium renovation. Smaller minority
businesses are the heart ofMiami economy, so it makes sense for the City ofMiami to use
public projects as a way to build the infrastructure of our local economy. We need a
development process that is open and fair; one that levels the playing field for real competition
and business advancement. The Orange Bowl is a flagship project and an important community
space. Let's make sure that this project uplifts Miami. We can do that together with a
community benefit agreement. Thank you and we look forward to continuing business with you.
Chairman Gonzalez: Thank you, sir. Next speaker.
Santa Serna: (Comments in Spanish not franslated.)
Chairman Gonzalez: Do we have --? (Comment in Spanish not franslated.)
Vice Chairman Sanchez: You're going to translate for her?
Unidentified Speaker: Yeah.
Chairman Gonzalez: Yeah. You're going to translate?
Unidentified Speaker: I will translate.
Chairman Gonzalez: OK.
Unidentified Speaker: Yes.
Chairman Gonzalez: All right.
Ms. Serna (as translated from Spanish by Unidentified Speaker): My name is Santa. I live in
Little Havana, 245 Southwest 6th Avenue. I am a member of Vecinos Unidos. I'm here to tell the
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Commission that our community need good jobs, and we, as a community, want to have a voice
in the decisions that affect our community. The renovation of the Orange Bowl should benefit
the residents of our community. Thank you.
Chairman Gonzalez: Thank you. Good morning.
Cliff Germano: Good morning. My name is Cliff Germano. I'm the training director with a
multiemployer fraining institute, affiliated with the International Union of Painters and Allied
Trades. I'm here this morning to speak about the opportunity to help Miami residents with the
upcoming Orange Bowl renovation. State -registered apprenticeship programs offer skill and
safety fraining to make workers safe and productive on the job and give them a lifelong career.
Apprentices earn while they learn on the way to financial independence, along with receiving
healthcare benefits and pension benefits. I'm asking that you consider the benefit that will be
realized if whoever does the work at the Orange Bowl utilizes type of training and trained
workforce. This would be a win -win for the area that not only will the Orange Bowl be done
correctly and on time and become a world -class facility again, but also the area residents would
benefit by being able to take advantage of the work opportunities and keeping the money here in
the community. Thank you for your consideration on this matter.
Chairman Gonzalez: Thank you, sir. Good morning.
Marcos Feldman: Good morning, Commissioners. My name is Marcos Feldman. I'm a
research associate at the Research Institute on Social and Economic Policy at Florida
International University. I'm a resident of the City ofMiami, 533 Northwest 32nd Street. I'm
here to speak on the same points that everybody that's spoken before me has. We did some
research to look at the pros and cons of including various different components and getting
different kinds of social benefits out of this development project. I'm going to highlight just very,
very briefly for you the findings of that research. We looked at, for example, what would be the
impact of local versus nonlocal hiring in the specific project in terms of the construction
workers, and some of the significant findings that we found was that, for example, if you were to
use only -- the extreme of using only out -of -area workers on this project will be a total loss of
local payroll up to $55.8 million. It would be losses of local employment of up to 1,500 jobs,
possibly more, and total losses in local spending, in terms of the ripple effects of those workers,
of up to $22.9 million, and losses of local sales tax revenue up to $260, 000. That highlights the
importance of hiring locally on this project. We also looked at the impacts of the problem of --
on insurance and the importance of making sure that the workers on this project receive health
insurance. In order for this project to truly benefit the community, it just cannot -- it can't simply
provide jobs. It has to provide good jobs with healthcare. Only about 50 percent of construction
industry workers in Miami -Dade County currently have health insurance, and without insurance,
it is difficult to access proper healthcare. Healthcare for all workers is a cornerstone of a
democratic society. As we know, a healthy workforce is a very productive workforce, and we
also know that the uninsured are much more likely to use emergency care for more routine kinds
of health needs, driving up costs for all taxpayers, so that's just a quick touch on why health
coverage for all workers on this project is extremely important and it should be a part of it.
Another thing that we looked at was the benefits of using minority contractors on this project.
Somebody has already spoken to that, and I'll just reiterate that it is a responsibility of local
governments to make sure that minority businesses are getting their fair share of the
development -- that all people and all residents of a community should be able to share equally
in the development, and the growth that this community is experiencing at the moment is an
incredible -- is a very, very important aspect of the responsibility of government, so I think that
that's also a very important point that must be looked at and included in these development
agreements. The last thing that we looked at was the importance of using registered apprentices
or regi -- people that are coming out of registered apprenticeship programs to do this work,
something that was always spoken to. We do know that there is a shortage of skilled labor, not a
shortage necessarily of labor, but a shortage of highly skilled and trained labor, and so ensuring
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that the workers on this project are coming through apprenticeship programs is not only a way
to develop the skill level in our local workforce, but to avoid problems of shoddy workmanship
and the other kinds of construction delays and cost overruns that come --
Chairman Gonzalez: Your time has expired.
Mr. Feldman: -- so in sum -- I encourage you to seek a community benefits agreement on this
project that incorporates these elements to make sure that it fruly benefits all of our residents.
Thank you.
Chairman Gonzalez: Thank you. That's it?
Unidentified Speaker: That's it. Thank you.
Vice Chairman Sanchez: All right.
Unidentified Speaker: That's it.
Chairman Gonzalez: Thank you. You're all recognized. Thank you.
Unidentified Speaker: Thank you.
Chairman Gonzalez: OK, Commissioner Sanchez.
Vice Chairman Sanchez: On the resolution, let's just have the City put something in the
resolation [sic], then I'm prepared to move it, and then just for discussion. Very brief very brief.
Charles Cutler: Brief.
Vice Chairman Sanchez: We're all in support.
Chairman Gonzalez: All right.
Mr. Cutler: Charles Cutler, 706 Northwest 4th Avenue. I just want to speak to some of the
issues that came up earlier, which is the concern -- I represent the Veterans Employment and
Transition Service, and with the magnitude of construction that we've had, we have missed out --
truly missed out on an opportunity to employ residents on this construction boom that we're
experiencing and in -- within Miami -Dade County, and it is imperative that we do have some
type of mechanism in place to be able to include the residents into all the development that's
taking place in the City ofMiami. Thank you.
Chairman Gonzalez: Thank you.
Mr. Hernandez: Mr. Chairman, if you allow me for the record. The item that we have before us
today is the -- is a contract with the firm of HNTB (Howard, Needles, Tammen & Bergendoffi for
the design services related to the Orange Bowl. However, I do hear very clear the concerns of
the community, and when we get to the construction phase, we will take into account means to be
able to have small business participation --
Chairman Gonzalez: All right.
Mr. Hernandez: -- and especially, local folks. Mary.
Chairman Gonzalez: All right.
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Mary Conway: Mary Conway, chief of Operations. The item that is before you today, you
previously had approved the selection of HNTB to provide these services for the City and to
authorize the City Manager to negotiate for the services. You were provided a substitute item
prior to today's meeting, and in addition, I have a handout that I'd like to give you right now,
and I'll explain the changes.
Commissioner Spence -Jones: Thank you, Mary.
Vice Chairman Sanchez: While she does that, I would entertain a motion to approve, as
amended.
Chairman Gonzalez: All right. We have a motion to approve, as amended. Do I hear a second?
Commissioner Spence -Jones: And we're saying amended to make sure that we include location
participation on that?
Vice Chairman Sanchez: We'll get to that once it's done.
Chairman Gonzalez: Well --
Ms. Conway: As amended meaning the substitute item that was presented to you.
Vice Chairman Sanchez: Yes.
Chairman Gonzalez: Yeah.
Ms. Conway: The handout that you have before you and the changes that are in the substitute
item, versus what you were given previously, they were not substantive in nature, but they were
to clarify exactly what type ofwork was included in phases I, II, and III of the proposal. Phase I
is for the initial work efforts associated with recreating the design documents for the stadium,
doing survey work, providing geotechnical services; also, taking a tour of other stadiums to
determine the type ofwork that we want to have done. Phase II is actually going --
Vice Chairman Sanchez: Your time's up. I'm only kidding.
Ms. Conway: Apparently.
Chairman Gonzalez: That's right. Your time's --
Vice Chairman Sanchez: I'm only kidding.
Chairman Gonzalez: -- up.
Ms. Conway: Phase II is actually going through an evaluation of different scenarios. We
already know that there are quite a few elements at the stadium that absolutely have to be
addressed; structural repairs, electrical, plumbing, resfrooms, ADA (Americans with Disabilities
Act) compliance. There are other elements that we would like to be able to include that we think
are very desirable, chair backs, et cetera, and then there are some premium elements. What we
intend to do in phase II is go through an evaluation process, not just on the financial side, which
will be handled through Jones Lang Lasalle, as the project manager or program manager for the
project, but actually relating it to an engineering analysis, a costing analysis, so we will know
exactly what we'll have before us, and then lastly, phase III is for the actual plans preparation
for those critical essential elements that we know now have to be done; again, such as ADA,
structural, electrical.
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Chairman Gonzalez: Thank you.
Vice Chairman Sanchez: Discussion on the item.
Chairman Gonzalez: We have a motion and we have a --
Vice Chairman Sanchez: And a second.
Chairman Gonzalez: -- a second.
Commissioner Haskins: I've got --
Chairman Gonzalez: Discussion.
Commissioner Haskins: -- a question. The first phase is going to be -- are they going to come
up with different potential designs with different revenue streams that could result from those
designs? What is -- how's this going to work?
Hs. Conway: No. The first phase on the contract for HNTB is strictly related to engineering
assessment, so we will be -- we don't -- unfortunately, the -- due to the age of the stadium, have
record drawings for the entire Orange Bowl Stadium. We have some drawings that are
available. We have Bliss & Nyifray, who's a structural subconsultant. He's been working with
the City for quite a few years on improvements that have been done to date as part of the HNTB
team that will continue to work with us recreating, in essence, the documents for the existing
stadium, doing -- the entire team will be documenting the entire electrical system, the structural
system, so the issues that you raise associated with cost -to -benefit and financial analysis is not
under this contract. That's -- those -- that work is being performed by Jones Lang Lasalle
through a contract that the Commission previously approved, and I do have representatives from
both HNTB and Jones Lang Lasalle, if you have specific questions that they can answer.
Commissioner Haskins: The phase II evaluation of objectives --
Hs. Conway: Yes.
Commissioner Haskins: -- what is that?
Hs. Conway: That's really where the team will be looking at -- if we were to provide 5,000
premium box seats, what would the impact be to the stadium if we were to provide 10,000? The
financial aspects of that will be done, again, by Jones Lang Lasalle, not by this --
Commissioner Haskins: So this is a cooperative --
Hs. Conway: -- firm.
Commissioner Haskins: -- process between these --
Hs. Conway: It's a cooperative process. The engineering and the impacts to the structure and
what the associated cost would be will be done by the actual architectural engineering firm.
Commissioner Haskins: And are these people being hired under the Jones Lang Lasalle
contract? How is that working?
Hs. Conway: No. They're being hired directly by the City.
Commissioner Haskins: And who's going to manage their work?
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Ms. Conway: They will be managed in -- they will be managed primarily by Jones Lang Lasalle,
but also with City oversight --
Commissioner Haskins: OK.
Ms. Conway: -- and the Jones Lang Lasalle contract has specific language and insurance
requirements that spell out roles and responsibilities.
Commissioner Spence -Jones: I -- You finished --
Chairman Gonzalez: All right.
Commissioner Regalado: IfI may --
Commissioner Spence -Jones: -- Commissioner Haskins? I just --
Chairman Gonzalez: Commissioner Spence -Jones.
Commissioner Spence -Jones: OK. I just -- I know that we had a presentation from earlier
regarding making sure that local residents are involved in the labor part of this, which I think is
great, but I'm always going to, you know, be preaching that that's fine for them to be
participating in that, but I'd like to also see, on the other end of that, which is this end of it, in
which we've had a discussion with Pete and yourself, to make sure that the subcontractors that
are going to be used to do architectural engineering services, that we also consider minority
firms to work along with -- as subcontractors on some of these projects because it doesn't always
have to be laborers, and I don't mind the laborers because we need those jobs too, but then there
are a lot of companies out there, too, that never really get a chance to participate on major
projects like this, and this is the opportunity. Now I was told by Lasang [sic] that they were --
Lasalle that they were going to make sure that that happened, but I want to make sure you put it
on the record today also that that's going to happen from this perspective too.
Ms. Conway: It is, and not only on this contract, but on all of our contracts we have made sure
that the prime consultants are reaching out to minority, women, business enterprises,
disadvantaged business enterprises.
Commissioner Spence -Jones: OK. Thank you, Mary.
Chairman Gonzalez: I'm sorry for interrupting, but I just want to call -- if Barbara Rodriguez is
still in the building, I'm going to need her in the chambers in the next five minutes when I get
ready to discuss one of my items. Commissioner Regalado.
Commissioner Regalado: OK. One of the -- when I was briefed on the consultants, I was told
that they would bring the -- all the aspects, marketing -- I guess we discussed this -- and uses of
the Orange Bowl, and you know, I think it's great because they came with a lot of experience
doing this work in other stadiums, so the question is, why do we need to send people in the
stadium tours to --? I mean, we hired this company because they built stadiums, but why do we
need to send people off in tours?
Ms. Conway: The primary purpose -- and what was envisioned behind the tour is that there
would be one or two representatives from Jones Lang Lasalle and from HNTB who would attend,
but the primary purpose of that was to have City representatives and University ofMiami
representatives to have -- to be afforded the opportunity to see several state-of-the-art facilities
that have recently either been built or have been rehabbed the way we're proposing for the
Orange Bowl to re -- be rehabbed, so that the primary tenants and stakeholders, being the City
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and the University ofMiami, would have the opportunity, and the role that Jones Lang Lasalle
and HNTB representatives would have on that trip would really be to guide them through the
process and to explain the different amenities that have been incorporated in different facilities
and how those could possibly be incorporated to the Orange Bowl.
Commissioner Regalado: OK --
Mr. Hernandez: Commissioner --
Commissioner Regalado: -- and --
Mr. Hernandez: -- ifI may. I think it would be a good idea if a member of the Commission, even
myself even participate to have a better feel for what we will like to see there, and understand
later on, proposals, plans, et cetera.
Ms. Conway: And that is exactly the intent.
Commissioner Regalado: OK. There's a new stadium in Paris, you know --
Ms. Conway: That's not on our list.
Commissioner Regalado: -- but listen, one of the thing is the board of trustees of Florida
International University just approve a stadium, 20,000 seat, to be built on the campus of FIU
(Florida International University), a state-of-the-art stadium, so what that does to the uses of the
Orange Bowl? Is it something that it needs to be taken into account?
Mr. Hernandez: Commissioner, I can't really speak too much to the detail of that. However,
personally, I believe that there should be one significant stadium, and that should be the Orange
Bowl. We are in the process of reaching out to FIU. We know that they have an intent of
developing their facility there. However, we feel that their land could be put, hopefully, to better
use, and we're going to try to convince FIU to fry to also look at utilizing the Orange Bowl, a
renovated Orange Bowl.
Commissioner Regalado: I mean, because the point is that they want to have this ready for the
2009 season of the Panthers, and you know, FIU is being very aggressive now on the sports
department, and my concern is that we're building a facility -- maybe -- and maybe they're
thinking, well, we can use, but you know, FIU is going to go after some people that we would go
after to use the stadium because they are going to use it only for their games and their season.
They're going to have an off season, and they will be -- I mean, Mitch Maidique is always trying
to make money for the university, so I'm telling you -- I'm just -- I think that, first of all, they're
going to go with it, and second, they're going to have it built in 2009 or ready to go, so that was
my point. I think, you know, that it's important to consider if -- I mean, if the Manager believe
that, you know, they can be tenants, it would be spectacular because then we would have two
important tenants, but just in case, they just approved that, and they're moving forward and fast
on this matter.
Commissioner Haskins: Can I ask --?
Chairman Gonzalez: All right. Any --?
Commissioner Haskins: Yeah. Could I just ask a question and follow up to the answer to
Michelle Spence -Jones? Because this is something that I'd like clarity on. Is the use of
subcontractors in our contracts? We go through this bidding process --
Ms. Conway: Again, this is --
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Commissioner Haskins: -- and I'm not really sure, in our bidding process, if we're approving --
preapproving subcontractors, but I would like to ask the City Manager to provide me, for the last
two years on our confracts on any contract involving Public Works, Capital Improvements, the
list of subcontractors that were hired under these confracts, and how they got selected.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: Mr. --
Chairman Gonzalez: Vice Chairman Sanchez.
Commissioner Regalado: Can we copy -- can you copy everyone?
Mr. Hernandez: Yes, the whole Commission.
Ms. Conway: Certainly, certainly. We'll provide an updated list.
Vice Chairman Sanchez: Mr. Chairman, let me, first of all, thank you for your patience this
morning as we go through this agenda that we thought we'd be home by now.
Chairman Gonzalez: One thing that I learned from Casfro -- the only thing that I learned from
Casfro was to have a lot of patience because he said you have to have patience, and if you lose
your patience, make sure that you go and look for more patience, so --
Vice Chairman Sanchez: And you have plenty of that.
Chairman Gonzalez: Yeah.
Vice Chairman Sanchez: Let me also take the opportunity to praise Jobs for Justice [sic] and all
those who took their time off of their busy schedule to come out here and address their
government when it comes about the issue. I think all the Commissioners touched on a very
important topic and issues. I think that the input from all those that spoke today was just about
three letters -- well, four because there's more than one, and that's J-O-B-S, jobs. You know,
with our City and with the increase of cost of living, the increase of insurance, healthcare, gas, et
cetera, et cetera, I think that the one thing that we're able to provide once we're able to attract a
lot of these big projects to our City is to make sure that the people that live in this city and the
people that do business in this city get a slice of that pie, and it's very important that we work --
Mr. City Manager, I think the direction towards you, and you have accepted already, is to make
sure that they have an opportunity to be a part of the project itself and be a part of making
money. All right, so I'm just going to --
Mr. Hernandez: Definitely.
Vice Chairman Sanchez: -- very brief because a lot of the issues were already discussed by my
colleagues, but it's all about jobs, and that's why they were here. Thank you.
Chairman Gonzalez: All right. IfI remember correctly, we had a motion and we had a second.
Pamela Burns (Assistant City Clerk): Excuse me, Commissioner.
Chairman Gonzalez: Is that correct?
Ms. Burns: I don't have a second for the record.
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Chairman Gonzalez: You don't have a second for the motion.
Vice Chairman Sanchez: Well --
Chairman Gonzalez: OK. We have a motion. Do I hear a second?
Commissioner Regalado: For this item?
Chairman Gonzalez: For this item.
Commissioner Regalado: Second.
Chairman Gonzalez: We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RE.5 06-01696 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
Improvement AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
Programs/Transpor CONSTRUCTION CONTRACT DATED DECEMBER 10, 2004, WITH MCM
tation CORPORATION, FOR THE PROJECT ENTITLED "FLAGLER STREET
MARKETPLACE STREETSCAPE, B-40667," TO PROVIDE ADDITIONAL
CONSTRUCTION SERVICES, IN AN AMOUNT NOT TO EXCEED
$749,305.78, INCREASING THE CONTRACT FROM $11,159,520.68 TO
$11,908,826.46; ALLOCATING FUNDS, FOR SAID INCREASE, FROM
CAPITAL IMPROVEMENTS PROJECT NO. B-40667.
06-01696 Legislation.pdf
06-01696 Exhibit .pdf
06-01696 Summary Form.pdf
06-01696 Text File Report.pdf
06-01696 Text File Report 2 .pdf
06-01696 Construction Contract. pdf
06-01696 Text File Report 3 .pdf
06-01696 Construction Contract 2 .pdf
06-01696 Contract.pdf
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
R-06-0619
Chairman Gonzalez: RE.5.
Mary Conway (Chief of Operations): RE.5 is a resolution for amendment number 3 to the
contract between the City ofMiami and MCM Corporation, the contractor for the Flagler Street
Marketplace project. This amendment will increase the contract authority by an amount not to
exceed $749,305.78 to a total amount of $11,908,826.46. This is the second and final change
order that's being brought before the Commission for this project. The previous change order
that was brought before the Commission dealt with two fundamental issues. One was the
underlayment in having to redo sidewalk work for the placement of the granite pavers. The
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second and more significant item dealt with utility conflicts associated with the mast arm
foundations for the signals. At the time that that item was presented, we had an estimation of
what we thought would be the additional time and effort associated with having to redesign those
signal pole foundations because of the utility conflicts. Once MCM actually did the physical
removal of all of the tiles at each of the intersections and exposed the utilities, coordinated with
the utility company owners, with Miami -Dade County, which will be the maintaining agency for
the signal system, there were additional funds required in this amount.
Chairman Gonzalez: All right. It's a resolution. Is there a motion? Is there a motion?
Commissioner Regalado: I'll move it for discussion.
Commissioner Haskins: I'll second for discussion.
Chairman Gonzalez: All right. We have a motion and we have a second for discussion.
Commissioner Regalado, you're recognized.
Commissioner Regalado: No, I rather have the area Commissioner discuss. I have some idea,
butt would like to listen to Commissioner Haskins.
Chairman Gonzalez: All right.
Commissioner Haskins: Mary, on this project, how did we get to a point where the pavers were
put down on the sidewalks before we figured out what the utilities were? Is that what you just
explained to us?
Ms. Conway: No.
Commissioner Haskins: OK.
Ms. Conway: The pavers were put down along the roadway, with the exception of the
intersections and the corners, so the pavers that were removed were the original tile pavers --
Commissioner Haskins: OK.
Ms. Conway: -- to expose the corner areas so that we could resolve the utility conflict issues --
Commissioner Haskins: OK.
Ms. Conway: -- to be able to come up with a final placement of the signal poles. After which,
the granite pavers were installed.
Commissioner Haskins: OK, and what was the original estimate for doing this versus the revised
estimate? Because that -- we can't tell, because you've got the whole contract here.
Ms. Conway: Yes. The original -- give me one second. The original anticipated price was
about 1.3 million for the signal work for the mast arms; there was 922,000 associated with the
sidewalks, and we had initially estimated a little over 1.3 million for the mast arms. The final
price ended up at just over $2 million.
Commissioner Haskins: So it was originally 1.3 and it ended up at 2?
Ms. Conway: Our original guesstimate, not knowing whether we would be able to relocate the
signal pole and continue with a drilled shaft foundation versus have to redesign and use a
spread footer, yes, that's correct, until we actually exposed the utilities and saw exactly where
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they were.
Commissioner Haskins: I don't know what a spread footer is or --
Ms. Conway: Certainly.
Commissioner Haskins: -- well, I don't know what any of that sort of thing is, but we've got a 75
percent cost increase from what we had estimated. Does any of this include fixing the drainage
problem and getting the new contractor for the drainage problem that got created or didn't get
fixed on Flagler as a result of the sfreetscape, which is going to result in additional tearing up of
a little bit of work? Does any of that include this?
Ms. Conway: No. That's being done through a separate contractor when this project is
completed.
Commissioner Haskins: OK, and are we -- have we -- are we moving against the current
contractor that designed whatever the problem was, whether it was with the designer or the
contractor or whatever, that there were -- there have been real failures in the storm water?
Ms. Conway: The Administration --
Pedro G. Hernandez (City Manager): Commissioner, I -- at the right time, I think that, you
know, once we complete this project, we're going to take the actions that we feel are necessary to
try to look for restitution
Commissioner Haskins: OK. Is there a way that we can, as Commissioners, be kept up -to -speed
on what the issues are, and what we're doing to try to recover funds under our bond -- under the
bonds that we're requiring? Because this project needs to get done, and I'm going to vote for it.
It absolutely needs to be done, but it's much more -- it started out a lot less than what it's -- what
it is today, and it's going to be a lot more, and I understand, as time goes on and a project not
get -- didn't get done, it's going to cost more, butl think the original project, a few years ago, it
was going to be about seven million, and this just keeps going and going, OK
Mr. Hernandez: We'll report back.
Vice Chairman Sanchez: Mr. Chairman.
Chairman Gonzalez: Commissioner Regalado.
Vice Chairman Sanchez: Oh.
Commissioner Regalado: So we know that mistakes were made.
Mr. Hernandez: Yes, Commissioner. I believe that there are probably some omissions that
resulted in additional work where maybe all utilities were not properly anticipated, and
including the design, and I think that, as I stated before, we'll pursue those actions with the legal
support of the CityAttorney's Office to look for institution.
Commissioner Regalado: No, and of course, we cannot discuss that in public because it's
something that it's pending. I just want -- I guess a public watching -- to see that there is a will
in your Administration, in this City Commission, to go after the people that misspent the people's
money, and that's all that wanted to say. I think it is very honest of you to say, you know, the
City made mistakes, because we have to recognize that the City did make mistakes, and make
mistake in whatever area, and this go back to litigation. What should not continue is that we sit
here happily, like in the past, approving change orders with a gun to your head saying, well, you
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know, if you don't approve it, the project would not get done, and that is something that the
people out there are not stupid, and you know, we want the project to be done, of course,
because a failure reflects on everyone from the Mayor to the Commission to everyone, but it's
important to convey the message that you cannot get away anymore with misspending the
people's money. It's other people's money, yeah, but it's the people's money, and it is important
to send that message. This, unfortunately -- I remember, Linda, eight million the first time, and it
has grown, grown, and we, -- we're really lucky that we didn't find a Tequesta cemetery under
the street, because if we did, I mean, it would have been $15 million, but I just want to say that
it's important that we say mistakes were made in this project, and we just have to bite the bullet
and do whatever, but I -- you know, I just want to caution the people there that now it's a new
culture of going after the people that is misspending the money. You know, we're sending the
Manager into a very difficult task of talking to the unions and negotiating the contracts, and
somewhere he's going to have to look for money, and we cannot just keep approving and
approving and approving and approving millions of dollars, so of course, I will vote for it
because Flagler Street is the most important street in all South Florida, but it's important that
the people understand that mistakes were made and the City is willing to go after those who
made the mistakes.
Mr. Hernandez: All right.
Commissioner Regalado: Thank you, Mr. Chair.
Mr. Hernandez: Commissioner, ifI may real quick, the omissions that I referred to before were
by the, let's say, consultant engineer who design the work. There may be lack of effort on our
part at some point in pursuing it or supervising it at that point, butt was referring to the
consultant.
Commissioner Regalado: No, of course, but ultimately, the City hired the consultants --
Mr. Hernandez: Yes.
Commissioner Regalado: -- and it's the people's money that is being paid to the consultants, you
know, so it's not like this is a far, far, far away blame. It touches all of us, you know, because we
voted for those consultants.
Vice Chairman Sanchez: I think --
Commissioner Regalado: Thank you.
Vice Chairman Sanchez: -- we could agree on one thing here, is that we don't want to be put in
this situation. It's a tough situation. For this project is a year behind schedule, and the way it's
heading, my understanding through the briefing, is that it'll probably be done by Thanksgiving.
Mr. Hernandez: Thanksgiving.
Vice Chairman Sanchez: I'll tell you, I don't want to put the merchants of downtown Miami in a
situation where you've got the holidays coming up and you're going to have people doing
construction. Now that will be a tremendous injustice, not only to the merchants, but also the
local economy of downtown Miami that continues to struggle everyday, so although we're -- I'm
put in an awkward situation here, and I am very glad to hear that we are going to be going after
whoever made the mistake, but as the chairman of DDA (Downtown Development Authority), I
certainly don't want to be putting those individuals -- hardworking individuals who own business
in downtown in a very, very bad situation during the holidays, when you have constructions
going on, so Mr. City Manager --
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Commissioner Haskins: And I think, speaking of that as well, I think it's really important to --
and this is, you know, talking with the people at the DDA and the Downtown Merchants
Association, and there are also other very important things that we need to do, and my
understanding is the pavers were put -- that were put down haven't been sealed so they're subject
to getting stained a lot, very difficult to keep clean. We have not exercised Code enforcement on
the number of bus benches, the number of news racks, and phone kiosk and all sorts of things.
It's very difficult on this beautifully redone sidewalk to walk down the sidewalk, and I think it's
also important that through this season that we're making sure that we have -- we're staying in
touch with the merchants there, where the flooding spots are, to make sure that we're putting
pumps out or doing whatever we can to make sure that these businesses don't continue to get
closed up in minor rainstorms, but they all -- would all like to see better Code enforcement.
There's -- all throughout downtown, but especially on Flagler Street, the amount of advertising,
and just -- bus benches just put up for advertising, and phone kiosks just put up for advertising;
the phones don't work. News racks are a constant issue for our folks on Flagler Street, and these
-- this is a street that we really want to support.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: We have a motion and we have a second. It's a resolution. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RE.6 06-01700 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Purchasing ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION
COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO.
05-06-005, THAT THE FIRMS MOST QUALIFIED TO PROVIDE HEALTH
BENEFIT CONSULTING SERVICES AND ACTUARY SERVICES ARE THE
FOLLOWING: MILLIMAN INC; GRS-GABRIEL READER SMITH & COMPANY;
MERCER HUMAN RESOURCE CONSULTING, AND AON CONSULTING INC;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL
SERVICES AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED
FORM(S), ON AN AS -NEEDED BASIS, BASED ON THE SPECIFIC HEALTH
BENEFIT CONSULTING SERVICES AND/OR ACTUARY SERVICES NEED,
AS DEEMED QUALIFIED UNDER THE CATEGORIES OF EXPERTISE AS
SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR
A BASE TERM OF A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW
FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
FROM THE VARIOUS END -USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER
THE RIGHT TO ADD MORE CATEGORIES AND QUALIFY ADDITIONAL
FIRMS UNDER THE CURRENT AND ADDITIONAL CATEGORIES, AT ANY
GIVEN POINT IN TIME THROUGHOUT THE TERM OF THE CONTRACT,
WITHOUT FURTHER CITY COMMISSION ACTION.
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06-01700 Legislation .pdf
06-01700 Exhibit .pdf
06-01700 Exhibit 2 .pdf
06-01700 Exhibit 3 .pdf
06-01700 Exhibit 4 .pdf
06-01700 Exhibit 5 .pdf
06-01700 Exhibit 6 .pdf
06-01700 Exhibit 7 .pdf
06-01700 Exhibit 8 .pdf
06-01700 Exhibit 9 .pdf
06-01700 Exhibit 10 .pdf
06-01700 Exhibit 11 .pdf
06-01700 Exhibit 12 .pdf
06-01700 Exhibit 13 .pdf
06-01700 Exhibit 14 .pdf
06-01700 Exhibit 15 .pdf
06-01700 Exhibit 16 .pdf
06-01700 Exhibit 17 .pdf
06-01700 Exhibit 18 .pdf
06-01700 Summary Form.pdf
06-01700 Memo.pdf
06-01700 Qualified Agreement.pdf
06-01700 Summary Tabulation .pdf
06-01700 Bid Security List .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-06-0615
Chairman Gonzalez: RE.6.
Glenn Marcos: Good afternoon. Glenn Marcos, Purchasing director. The following item
before you is a resolution to accept the recommendation of the City Manager to approve the
finding of the Evaluation Committee pursuant to a request for qualification that was issued. The
request for qualification issued is for Health Benefit Consulting Services and actuarial services
under this actual RFQ (Request for Qualification). The recommended firms are Millman Inc,
Gabriel Reader Smith & Company, Mercer Human Resource Consulting, and Aon Consulting.
Vice Chairman Sanchez: So move.
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.
RE.7 06-01794 RESOLUTION
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Meeting Minutes October 12, 2006
Department of
Capital
Improvement
Programs/Transpor
tation
Votes:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
DESIGN -BUILD AGREEMENT ("AGREEMENT"), WITH RECREATIONAL
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.
06-01794 Legislation .pdf
06-01794 Exhibit .pdf
06-01794 Summary Form .pdf
06-01794 Pre -Legislation .pdf
06-01794 Master Report .pdf
06-01794 Master Report 2 .pdf
06-01794 Submittal Change of Order.pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this
matter be ADOPTED PASSED by the following vote.
Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones
Noes: 1 - Commissioner Haskins
Absent: 1 - Commissioner Sanchez
R-06-0616
Chairman Gonzalez: RE.7.
Mary Conway (Chief of Operations): RE.7 -- Mary Conway. RE. 7 is a resolution authorizing
amendment number 2 to the design -build agreement with Recreation Design and Construction,
or RDC, for the Little Haiti Park Soccer and Recreational Facilities, in an amount $2,303,002,
increasing the total project cost to an amount not to exceed 8,028,944. The AttachmentA that
was provided lists the additional items of work, and in addition, I will pass out a duplicate of that
that has specific prices and then explain them. When the original design -build contract for the
soccer field was negotiated, it was based on certain conditions. One of which was that the
existing church on Northeast 2ndAvenue that was being acquired by the City would be
rehabilitated and converted into a community center. When the City finally took formal
possession of the church last year, it was deteriorated to a state that that was no longer feasible,
and the church had to be demolished. The cost associated with the demolition and then
preparing plans for a new 1,800 square foot community center, NET (Neighborhood
Enhancement Team) office and restrooms are a part of this change order. You'll see --
Commissioner Haskins: How many --
Ms. Conway: -- that to the bottom of the list that was provided to you. In addition --
Commissioner Haskins: How many square feet?
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Hs. Conway: Eighteen hundred square feet is the community center building size, with a 900
square foot NET office and restrooms, and we're still in conversations --
Commissioner Haskins: So --
Hs. Conway: -- with the district Commissioner regarding whether that element of the project
may change.
Commissioner Haskins: The total square footage is what?
Hs. Conway: The total square footage is about 3,500 square feet.
Commissioner Haskins: And where does that compare to Clemente Park building?
Hs. Conway: To which park?
Commissioner Haskins: The community center at Clemente Park.
Hs. Conway: I believe the community center at Clemente Park is probably about 3,500 square
feet.
Commissioner Haskins: About the same size?
Hs. Conway: Approximately.
Commissioner Haskins: How can it be built for 600,000 in Little Haiti and it's going to take a
million at Clemente?
Hs. Conway: The 600,000 is a differential cost. The original contract had costs for the design
plans, for rehabbing the existing building, as well as the total cost for rehabbing the existing
building. Those -- so there was a dollar amount that was established for the community center
building. The 600,000 is a differential. The design monies that were already paid to prepare
plans for the rehabilitation were deducted from the original negotiated price, leaving a balance.
The 600,000 is the additional required to demolish that existing building, prepare new plans,
and the differential construction costs.
Commissioner Haskins: Could I see the ins and outs instead of the (UNINTELLIGIBLE) -- at
some point?
Hs. Conway: Sure.
Commissioner Spence -Jones: OK. I have a couple questions. Did you want to go through that?
Hs. Conway: Just two more items.
Commissioner Spence -Jones: OK.
Hs. Conway: Initially, the contract also was based on an ADA (Americans with Disabilities Act)
waiver. That was subsequently denied by the State, so there are line items here to provide an
elevator or a lift for the press box on the bleachers, as well as to extend the bleachers canopy
over the entire stadium. In addition, when the --
Commissioner Haskins: We applied for an ADA waiver --
Hs. Conway: Yes, we did, for --
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Commissioner Haskins: -- even though we're under this order from the Department ofJustice to
Ms. Conway: The facility's fully ADA accessible, but for the press box. Initially, based on other
stadiums that we've seen around the City and in the County that don't have a lift, the initial
thought was -- and we have not seen -- the representative from RDC can speak to that in more
detail, but it's been fairly commonplace for the press boxes in these types of facilities not to have
a lift for wheelchair accessibility. The bleachers themselves are wheelchair accessible and the
entire -- the resfrooms, all the other facilities are wheelchair accessible. This specifically deals
with the canopy covering a portion of the bleachers versus the entire -- , and having a lift to the
press box.
Commissioner Haskins: Just seems like it would have been impossible to get the waiver in the
first place knowing that we had to come into compliance with all sorts of things, and it's a
project that been going on for a few years and we're all part of that at the City, knowing that
we've got to be ADA compliant, and got a lot of people who have been watching very -- watching
us very closely.
Ms. Conway: Point taken. The last primary element deals with subsurface features, such as the
septic tanks, underground utilities that were part of the infrastructure in the park that were not
addressed through the demolition contract when the trailer park was acquired and demolished.
Those are the three primary areas associated with the change order.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: Mr. Chairman. Thanks, Mary and Pete. We -- I actually got a
thorough briefing from the both of you guys regarding the item, and actually, it at least gave me
some clarity because I was very much concerned about the changes on the park. I just have a
couple things that I -- because I didn't have this when we talked the first time, when I asked you
what was the breakdown for. The first thing I have a -- I do have a concern with, you know, I've
been -- over the last year, the Little Haiti NET (Neighborhood Enhancement Team) Office has
been out of commission since the hurricane, so it's been a year, and as you know, when you went
to the meeting with me the other night, the residents are very upset that they have to travel all the
way to Overtown to not have their NET office, so I know that we're going to have a NET office.
Hopefully, everything should be worked out by November 1, is what I've been promised by the
both of you guys --
Pedro G. Hernandez (City Manager): Yes.
Commissioner Spence -Jones: -- so that we don't have that as a issue, but on that note, now that
I'm looking at the price tag attached to it, I have to tell you that I have a huge concern about
spending almost $100, 000 on putting a temporary site for the NET office trailer there, especially
since part of the reasons why we wanted to go with a frailer and not rent ftom a private person
in the area is because we wanted to save money. That was what was kind of communicated to
me, and this is not really your issue, Mary. I think this kind of got put on your lap as to, OK, let's
put it here, and then you're trying to make it work out, but -- and you were not here either, Pete,
but the point here is, you know, we were spending, I think $1,100 a month for a space in Little
Haiti. Now -- you know, to rent space, you know, in Little Haiti, and now I'm looking at $82, 000
we're spending for a temporary NET office frailer. I mean, David, did you know about this price
tag attached to it? Because I sure didn't know it was going to cost $82, 000 because, quite
frankly, I would have rather used that money towards, you know, dumping that into the park
instead of a office frailer? Did you know it was going to cost $82, 000?
David Rosemond (Director, NET): $82,000 to do what?
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Ms. Conway: That's the site work associated with the trailer.
Mr. Rosemond: David Rosemond, NET Administration. Commissioner, no. These decisions
were made before I took over the department, so I'm not aware of the cost associated with this.
Commissioner Spence -Jones: I mean, you know, you and I have been getting beat up in the
press lately on -- you know, not beat up, but it's been mentioned a lot, "Well, where is the Little
Haiti NET office?" And people are complaining that they have to go all the way to Overtown,
and finally, when I see this number, $82, 000, when, clearly, you know, if we -- just like we do in
other, you know, districts, we rent from private, you know, owners in the area, and you know, we
could have done the same thing with the property owner in the area and had the same --
Mr. Rosemond: Well --
Commissioner Spence -Jones: -- for less money, and been supporting a business in the area at
the same time. I just have a huge, big concern when I see $82, 000 being spent on a trailer that is
temporary.
Mr. Rosemond: The challenge from -- Commissioner, IfI may. From what I understand, the
challenge in finding suitable office space at Little Haiti was that there was none available that
met the requirements of the City, and meaning ADA accessibility, parking area, et cetera, et
cetera. Now, these assessments, as I mentioned to you before, were made before I came on
board. The fact that the Little Haiti site originally once where it was, it was -- I believe that it
was not even in compliance with our own regulations. That was something that had been done
almost on a temporary basis, and that's where the Little Haiti office was located --
Commissioner Spence -Jones: Right --
Mr. Rosemond: -- originally.
Commissioner Spence -Jones: -- and I'm not taking anything away from -- David, again, you're
inheriting something, just like I'm inheriting -- I inherited --
Mr. Rosemond: Right.
Commissioner Spence -Jones: -- this wonderful park, but -- I mean, part of it is just taking
responsibility and knowing that -- I mean, Pete, I don't know. Is this insane to --? I mean,
maybe I'm -- maybe $82, 000 is not a lot of money, so it's, you know -- compared to the millions
that we probably spend on something else, but I just have a -- I mean, colleagues, is it me or is it
--? Is this not like a lot of money to be spending on a temporary trailer?
Commissioner Haskins: I have a problem with the entire contract. I -- you know, this was a
no -bid contract. It has been changed and changed and changed and changed, and we've got
another item and I can't vote for it. I don't understand it. I don't understand why -- how we can
design without an ADA elevator in this day and age. I don't understand how we find the money
for a community NET office, butt got Clemente Park closed down forever. You and I have
Clemente Park closed down --
Commissioner Spence -Jones: I know.
Commissioner Haskins: -- forever, OK, after how many hundreds of thousands are poured into
it. I don't understand why now we're having bleachers canopy upgrades. What happened --
what are we upgrading now? My understanding was, when this went out as a no -bid, it was a
guaranteed maximum price contract. Now that language is changed, and the items that are
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taken -- brought to us today. I have a problem with this. I have a problem with the no -bid
contracts. I have a problem with our contractors. I have a problem with the fact that we're not
going after them, and I would really like to understand what's happening with this stuff.
Commissioner Spence -Jones: OK, so I'm going to get back to my point, because I do have a
problem with all that, too, but I just want to ask this question on this -- because I don't -- what I
don't want to have happen for the residents of Little Haiti is I don't want their park to stop, and
in -- this will be a even bigger problem because then people are saying this park that they want
to get done is not happening, OK, so I'm just -- I mean, I have to ask the question, is there a
better way? I mean, have we sunk money already into this, Mary, for $82, 000? I mean, have we
sunk anything into it yet?
Ms. Conway: The site is fully prepared, and the trailer is at the final permitting stage, and we
anticipate being able to have the trailer open by the end of the month, so, yes, this work has been
performed.
Commissioner Spence -Jones: OK, so it's already done?
Ms. Conway: It's already been performed so that the trailer can be opened, so that it can get
their final water and sewer and the utility hookups, and be open and occupied by the NET staff.
Commissioner Spence -Jones: So we paid for it before we got it approved?
Mr. Hernandez: Well, in essence, I believe --
Commissioner Spence -Jones: I'm just asking. I mean, I might be crazy for asking the question.
Mr. Hernandez: -- there was a sense of urgency, being able to reopen the NET office in Little
Haiti. Besides that -- something that was not mentioned before is that some of the site prep work
that was done for the trailer is something that was actually needed for the park, so not all of that
Commissioner Spence -Jones: But this --
Mr. Hernandez: -- site prep --
Commissioner Spence -Jones: -- and this is all -- this is not putting it on -- you know, I'm not
going to -- I'm not jumping on nobody's back because I understand hard your jobs are and what
you have to do, and you're frying to service the folks in Little Haiti, and I appreciate it, and
you're trying to just make sure that you're able to service them, but at the end of the day, though,
you know -- I mean, we've already spent the money, so I really can't have even a comment on the
$82, 000 because, quite frankly, we can't go in there and pull it out because we'll lose money at
this point, butt just think that it's -- I think that we need -- we need to -- before we decide to
spend money, we need to be very clear about what that cost is, and I can tell you, as the district
Commissioner for this, I would have never voted or ever supported spending $82, 000 on a
temporary trailer. I just wouldn't have done it --
Commissioner Haskins: But how --?
Commissioner Spence -Jones: -- and at this point, I don't have a choice because we've already
paid for it.
Commissioner Haskins: Michelle, how -- can I ask you a question? How can we spend money
before the Commission's authorized it?
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Mr. Hernandez: Normally -- and I'm not saying this is the case -- you may have situations in the
field that, in essence, require an emergency reaction in order to correct a deficiency or to be
able to continue to work on other cases. This one I don't think is one of those cases. Now the
urgency relates to the NET office that was relocated down to Overtown, and in my opinion, from
what I hear here is that staff was diligently trying to provide a place in Little Haiti to again
provide those services, so in essence, the 82 may be a lot of money right now, when you look at
it. However, I would say it's the cost of being able to doing business in the neighborhood.
Commissioner Spence -Jones: OK. Let me just say this, and I --
Commissioner Haskins: Madam City Attorney --
Commissioner Spence -Jones: Ms. Haskins --
Commissioner Haskins: OK.
Commissioner Spence -Jones: -- because it's my park --
Commissioner Haskins: Yeah.
Commissioner Spence -Jones: -- and I --
Commissioner Haskins: I know.
Commissioner Spence -Jones: -- really must say this --
Commissioner Haskins: OK.
Commissioner Spence -Jones: -- and what -- my only fear in all of this, Mr. Manager and Mary,
is you know, I don't want to be in a situation where we get down to the end where it's time to
actually have the park open and all these other things come up, and the original dollars that we
needed to complete the project, we don't have anymore because there were a lot of little
incidentals that came along the way that ate up the dollars that were necessary to complete the
park, and I'm just saying this because this -- right now I'm approving or supporting $2.3 million,
which were unrelated expenses, unforeseen expenses, correct, Mary?
Ms. Conway: In the case of -- either unforeseen or unanticipated --
Commissioner Spence -Jones: Right.
Ms. Conway: -- so -- it certainly was unanticipated that the building would be deteriorated, we
would have to tear it down and build a new --
Commissioner Spence -Jones: Yeah, right --
Ms. Conway: -- structure.
Commissioner Spence -Jones: -- and those are definitely unforeseen things --
Ms. Conway: That's correct.
Commissioner Spence -Jones: -- and I have to say this because, you know -- and I don't -- I know
we all have our issues at time with capital improvement. I have never built one thing in my life,
so you know, I have no idea whether or not -- Commissioner Gonzalez may. He's built things
before, so he knows, but -- so I'm sure construction and all this stuff -- one day it starts out this
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way and it turns to be a whole nother thing, and I'm sure when Commissioner Teele started this -
- because I'm actually picking up from behind him. This is really -- was his baby, which was
Little Haiti Park. You know, they put these numbers out there, correct, Mary, $25 million to do a
park?
Ms. Conway: Correct.
Commissioner Spence -Jones: And never did he realize or anybody else realize how much it
really was going to cost to actually do the park, is that correct, Mary?
Ms. Conway: I think that that was a best estimate at the time, and there was never a certainty
what it would cost to acquire all of the land, as well as build the park as conceived. Not to
mention that we have seen very atypical construction cost escalation in the South Florida, in the
Miami -Dade County market over the last several years, because we have such incredible
construction happening simultaneously.
Commissioner Spence -Jones: Now this was before me. Was there a contingency budget at all
attached to the park?
Ms. Conway: No.
Commissioner Spence -Jones: So we --
Ms. Conway: What -- I don't understand --
Commissioner Spence -Jones: -- don't have --
Ms. Conway: -- what you mean in contingency.
Commissioner Spence -Jones: I mean, like, for instance, you have owner's contingency on the
bottom, which is $380, 000. Was -- out of that $25 million estimate, did we have a contingency
attached to the building of the park?
Ms. Conway: We put contingency amounts in the engineer's estimates for every single project
that's done, and then when we get to the point of negoti -- and having a final contract -- in this --
these case, these were negotiated because they were no bid --
Commissioner Spence -Jones: OK.
Ms. Conway: -- so in the negotiations, there is a contingency amount that's there, but the -- we
own the contingency. The contractor doesn't own it. The City owns the contingency, and only
authorizes it if it's needed.
Commissioner Spence -Jones: OK, then this becomes my question. Is this a part of the
contingency? Is this the contingency--? Because I can have it if you're telling me,
Commissioner Spence -Jones, you know, we built in, you know, contingency for -- just in case this
kind of stuff happen, and that this is really was already allocated or was a part of -- I mean, is
that what you're telling me, that this was the contingency or the rainy day, or if something goes
wrong, that -- you know, if a cost is higher, is this the contingency that we're talking about?
Ms. Conway: There was a certain percentage of contingency that was included in the original
contract amount, the $5 million -- $725, 000 contract amount that was brought forward, just as
there's a contingency amount that's built into the estimate for the cultural center that'll come
before the Commission --
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Commissioner Spence -Jones: So --
Ms. Conway: -- subsequently, but the work and the change orders on this list far exceeded the
contingency, so the contingency reserves that were part of the project, these dollar amounts
clearly exceeded that.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: Man.
Commissioner Haskins: It's a 40 percent increase.
Chairman Gonzalez: Yes, sir.
Mr. Hernandez: Mary, is this now the guaranteed maximum price?
Ms. Conway: Yes, it is, for the scope as it's defined right now. Just as the prior price was the
guaranteed maximum price for the scope as it was defined, so it is a guaranteed maximum price,
but it's a guaranteed maximum price for the design and the scope of work that it's attached to,
but --
Mr. Hernandez: Are you --
Ms. Conway: -- for this work, for this scope of work, unless the City goes back and changes
something or request that something be changed, this is the final guaranteed maximum price and
it won't change.
Mr. Hernandez: -- aware or do you know of anything that would create any additional
unforeseens [sicJ?
Ms. Conway: Unforeseens [sic], no, but there has been some discussion about the community
center building and whether the community center building, at the 18 -- at the roughly total
3,500 square feet is adequate. If that does not change, this will absolutely not change.
Commissioner Spence -Jones: And I'm going to --
Ms. Conway: That's the only thing that could potentially be a question.
Commissioner Spence -Jones: -- and I have to put this at least on the record. Now I know that
that's going to be a big issue for my particular community over there in Little Haiti, because they
were promised something by Commissioner Teele and by the City staff that the building would
be a certain, you know, size, and that totally has changed, so --
Chairman Gonzalez: What size was that?
Commissioner Spence -Jones: It was going to -- I guess it was going to be the original -- what
was the size of the original building?
Ms. Conway: The original church building was in excess of 12,000 square feet.
Chairman Gonzalez: No, no. I mean --
Ms. Conway: The building that had to be demolished.
Chairman Gonzalez: No. I mean the community center --
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Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: -- that was promised to the community --
Commissioner Spence -Jones: Twelve thousand square feet.
Chairman Gonzalez: -- how big was it?
Commissioner Spence -Jones: Twelve thousand.
Ms. Conway: The existing --
Chairman Gonzalez: Twelve thousand?
Commissioner Spence -Jones: It's gone to three.
Ms. Conway: -- church -- the -- but the issue was not to build a new sfructure.
Commissioner Spence -Jones: No.
Ms. Conway: It was to use the existing church building that had a square footage of 12,000
square feet --
Chairman Gonzalez: and remodel it.
Ms. Conway: -- and just remodel it.
Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: That's -- it's quite a difference from --
Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: -- remodeling a building to building --
Ms. Conway: A new building.
Chairman Gonzalez: -- a new building.
Ms. Conway: That's why the size has been reduced.
Chairman Gonzalez: Especially 12,000 square footage. If you multiply that by an average of
$225 a square foot, there you have, more or less, your numbers, right?
Commissioner Spence -Jones: Yeah.
Mr. Hernandez: But in essence, my understanding is that we had the church there and the plan
was to use it. The church turns out to be an unsafe sfructure that --
Commissioner Spence -Jones: Yeah.
Mr. Hernandez: -- needs to be demolished --
Chairman Gonzalez: Yeah.
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Hr. Hernandez: -- so it doesn't mean that necessarily the new community center has to be as
large as the church. It has --
Chairman Gonzalez: No, but --
Hr. Hernandez: -- to be the right size, but not --
Chairman Gonzalez: -- what I'm hearing is that the community was promised a 12,000 square
foot community center, the size of the church, because the church was going to be used as a
community center. It was going to be remodeled and used as a community center. Now, if you
have to demolish the church and build a new community center, 12,000 square foot, you multiply
that be $225, 250, that gives you the number. I mean --
Commissioner Spence -Jones: And I'm just mentioning it because it is a concern.
Chairman Gonzalez: It's never going to be 600, 000. It's going to be a lot more than $600, 000.
Commissioner Regalado: But the church was -- when the City bought the church -- I mean, we
are doing the same thing that we're penalizing people in the City for, and -- because when
somebody buys a house with a problem, we say, oh, you bought the problem --
Chairman Gonzalez: You bought the problem.
Commissioner Regalado: -- so we bought the problem, too, and we didn't check the status of the
structure. I mean --
Chairman Gonzalez: Well -- but let me tell you. If you allow me. That's why, you know, we
need to make sure that we exercise some leadership here, because you know, what happened is
that sometimes the community pushes you to do something in a hurry because that's what the
community wants, and ifyou don't do what the community wants, the community gets upset and
then they come down on City Hall on buses, and I'm talking about my community, your
community, every single community, and that's where you have to prove leadership and say,
now, wait a minute. You're going to come down to City Hall, but I'm going to do what it takes to
do this well done, and I'm going to do my research, and I'm going to do my due diligence to
make sure that what we're proposing here is the right thing. I remember those days when, you
know, Commissioner Teele was push and push and push and push to go, and then he push the
Administration to go with the building -- with the church building and, you know, to move
everything as it was. Now here are the consequences. Here are the consequences. You know,
unfortunately, that's the way it is.
Commissioner Regalado: Is this -- all this money is coming from what account?
Hs. Conway: There are a portion of the County GOB (General Obligation Bond) dollars that
are funding this, as well as the cultural center.
Commissioner Regalado: Yeah, but are we taking money from general fund at all --
Hs. Conway: No.
Chairman Gonzalez: No, I don't think so. No.
Hr. Hernandez: No.
Commissioner Spence -Jones: No.
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Chairman Gonzalez: No.
Commissioner Regalado: -- at this point?
Chairman Gonzalez: No --
Commissioner Spence -Jones: So --
Chairman Gonzalez: --but --
Commissioner Spence -Jones: -- I mean, at this point, the money's spent, a lot of it already,
correct?
Hr. Hernandez: No, I don't think so. It's the money preparing the site for the trailers. The other
monies haven't been spent.
Commissioner Spence -Jones: OK.
Hr. Hernandez: I think the issue of the 12,000 square foot community center, if you were doing
it fi^om scratch, you would never build it of that size. I mean, there is no question. It's too large -
Commissioner Spence -Jones: Yeah.
Hr. Hernandez: We were taking advantage of the fact that we had a building there, and maybe
that created a false expectation, but there's no way you were going to build a community center
that large --
Chairman Gonzalez: Twelve thousand square feet is --
Hr. Hernandez: --and even to maintain it would have been a headache in the future.
Chairman Gonzalez: It's a big, big building.
Commissioner Haskins: Especially since there's a lot of work going on with the Caribbean
marketplace and the plaza there and the library and all of that, which also gives really nice
community spaces.
Commissioner Spence -Jones: OK, so --
Chairman Gonzalez: All right.
Commissioner Spence -Jones: -- I guess I've basically asked all my questions.
Chairman Gonzalez: It's time to fish and to cut bait. Either you move --
Commissioner Spence -Jones: It is what it is, right? So moved.
Chairman Gonzalez: You move to approve.
Commissioner Regalado: Second.
Chairman Gonzalez: And we have a motion and we have a second. All in favor, say "aye."
Those opposed have the same right.
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Commissioner Haskins: No.
Chairman Gonzalez: We raise a -- one "no."
RE.8 06-01795 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.
06-01795 Legislation.pdf
06-01795 Exhibit.pdf
06-01795 Exhibit 2 .pdf
06-01795 Exhibit 3 .pdf
06-01795 Exhibit 4 .pdf
06-01795 Exhibit 5 .pdf
06-01795 Summary Form.pdf
06-01795 Pre-Legislation.pdf
06-01795 Master Report.pdf
Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Noes: 1 - Commissioner Haskins
R-06-0617
Chairman Gonzalez: OK. RE.8.
Mary Conway (Chief of Operations): RE.8 is a resolution authorizing the execution of a
negotiated amendment, in substantially that attached form, with the same firm, Recreation
Design and Construction for the Grapeland Water Park project. It is adding a total amount of
$18,804,082 to the previously approved dollars for this park. The prior approval was for the
design of the entire park facility, and for the construction of the ball fields, and the concession
building associated with the ball fields and a portion of parking immediately surrounding the
ball fields. This is for the construction of all the remaining site work, including the water park.
Chairman Gonzalez: All right. I do have a few questions, andl believe representative from
RDC (Recreation Design and Construction) is here. How many contracts do they have in the
City ofMiami? How many parks are they building in the City ofMiami? How many projects do
they have in the City ofMiami?
Ms. Conway: They are under contract with the City for Grapeland Park and for Little Haiti
Soccer Park.
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Chairman Gonzalez: OK.
Commissioner Spence -Jones: Have you -- ?
Chairman Gonzalez: My concern is -- I mean, they started working on the baseball fields, you
know, and they -- they are building, but they are going so slow that I, you know -- maybe I'm too
impatient. Maybe that's the problem, but don't see it moving, and my concern is -- I mean,
when they go into the water theme park -- because building baseball fields is not -- you don't
have to be -- it's not a rocket science. I mean, it's -- you know, it's -- the word says it. It's fields,
baseball fields, very simple, very, you know -- I mean, you know -- I mean, you go to Third World
countries and they build baseball fields in a month. I mean, I don't -- you know, I don't see why
it's so difficult to get something done in this City, and my concern is that maybe they have too
many contracts in the City; they're dividing their forces; sending a group of people here, a group
of people there, a group of people there, and they can, you know -- they don't concentrate on
completing one project. I can tell you, and you know better than nobody, how much I have
suffered with this park. My question is, are they ready to go into that park and work with all
good intentions and no good effort to finally get the project done so that community finally see
their park once again? Because they've been without a park for almost two years now or two
years, OK. I mean, I don't have a face to look at those people anymore. I mean, you know, I --
every time I see them, they ask me and I -- you know, I keep telling them, you know, soon now.
They're planning -- you know, they're planning, they're buying materials, they're getting people,
they're doing this, they're doing that, but I'm running out of excuses --
Pedro G. Hernandez (City Manager): Mr. Chairman.
Chairman Gonzalez: -- and I have to face them. I mean, I have to face them. You don't face
them. Mr. Manager, you don't face them, but if you want to face them, I invite you. I go to my
community every week. I spend most of my time in my community. I'll take you to the Winn
Dixie store on 7th Street and 37th Avenue one morning with me; we'll spend a couple of hours
there together, like I do twice a week every week, and then I'll let you answer questions to my
constituents, you know, to the residents, you know. I'll tell, you know, this is the Manager. This
gentleman is the one that controls the money, controls the staff controls the developers; ask him
the questions. All do is vote to approve the project.
Commissioner Regalado: Yeah, but they elected you.
Chairman Gonzalez: But they elected me, yeah, that's the --
Commissioner Regalado: They didn't --
Chairman Gonzalez: -- point that's bad about it.
Commissioner Regalado: -- elect the Manager.
Chairman Gonzalez: That's what they're going to tell me. You know, he's the ones that approve
everything, that orders everything, but didn't voted for him; I voted for you, so you know, so I
don't know. I mean -- was there a guaranteed price on this park before --
Ms. Conway: No.
Chairman Gonzalez: -- a maximum guaranteed price?
Ms. Conway: There was a price -- there was a guaranteed maximum price associated with
phase I, which is the construction of the ball fields, the parking, and the concession building, and
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that --
Chairman Gonzalez: But there was none --
Ms. Conway: -- has not changed.
Chairman Gonzalez: -- on phase II?
Ms. Conway: Not at the early stage, before the plans were substantially completed to be able to
price them.
Chairman Gonzalez: OK.
Commissioner Haskins: May I ask a question?
Chairman Gonzalez: How long is it going to take you, sir, before you can move all your forces -
- I understand you're -- you are a big company. That's what really have me very frustrated,
because you were sold to me as being one of the biggest company in the United States doing
parks all over the world, you know, even in the moon, you're planning to do a park, and I'm not
seeing that happening in my district in my park, so I mean, are you ready to move into that water
park and, you know, move forward, and get -- started to get things done so --
Joseph Cerrone: In anticipation of this meeting, we've secured --
Pamela Burns (Assistant City Clerk): Excuse me, sir. I need your name for the record, please.
Mr. Cerrone: Joe Cerrone, Recreational Design and Construction. -- and issued purchase
orders and placed deposits on all the long lead items so that we don't have a problem when we
are ready for the pools, the aquatic playgrounds, anything and everything that would be needed,
the filtration equipment, that's all ready to go, so we've actually put deposits on that material.
One thing that needs to be remembered is that there was $8.7 million worth of ash that was
removed from that site, and that took up a huge amount of time --
Chairman Gonzalez: I know, I know.
Mr. Cerrone: -- and that ash was moved so very quickly that it normally would take a couple of
years, and we were able to get it done in, you know, less than eight months. We are on site. The
building is way out of the ground. We're up to the second floor. You've seen the light poles go
up for the sports lighting. You know, we should have approval from WASA (Water and Sewage
Authority) and DERM (Department of Environmental Resources Management) shortly so that we
can bring the water and sewer in and have that ball field done as we promised you. The water
park is ready to go. As soon as we're ready now, we can move.
Commissioner Haskins: Butl thought that this contract was not for the water park.
Mr. Hernandez: It is for the water park.
Mr. Cerrone: It is for the water park.
Commissioner Spence -Jones: It is.
Commissioner Haskins: Well -- no, but if it's already ready to go, we were just told --
Vice Chairman Sanchez: What item?
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Commissioner Haskins: -- let me tell you, I got a real problem with -- I think we ought to just
say -- I'm going to just say what's on my mind.
Mr. Cerrone: Go ahead.
Commissioner Haskins: I was there when you were awarded the confract. I was there when it
was audited by the Internal Audit Department, and the justification for giving you that contract
was because ofyour experience with water parks. Now we're saying that that was not the
justification that was told to the Miami Herald, to the internal auditors, to the chief financial
officer of the City; that the contract had nothing to do with the water park? Is that what we're
saying now?
Ms. Conway: I'm not sure that I follow you.
Commissioner Haskins: If you go back and look at the internal audit report on this no -bid
contract, the justification for going to RDC is because they knew how to design water parks. We
wanted to go with them because they were the best darn water park designer in the world, so
now, what I'm hearing today versus what I heard a couple years ago is that that contract had
nothing to do with a water park, but somehow this confract that had nothing to do with a water
park has resulted in the water park being designed and ready to go? I don't understand any of
this.
Ms. Conway: Let me try to explain.
Chairman Gonzalez: No, no, no. I think that -- I think it always had to do with the water park.
Commissioner Spence -Jones: Yeah, it was always going to be a water park, to my
understanding.
Chairman Gonzalez: It always had to do with the water park.
Ms. Conway: What always -- and ifI might explain. The basis of RDC being recommended for
this project was based on their recreational experience, including water parks, including
baseball fields, including soccer facilities, like Little Haiti.
Commissioner Haskins: I'm going to get out the internal audit report. I'll be back.
Ms. Conway: The reason that this project was broken into two phases is that there was a certain
amount of Homeland Defense Bond monies that were available and the balance of the funds,
which are funding the item that's before you, are coming from the County's general obligation
bond, so rather than see the entire project delayed until a hundred percent of the funding was
available, a decision was made to maximize the dollars in the first series of the bond that were
available for this project. That enabled the City to fund the design of the entire project, but only
to fund the construction of the first phase, which is the ball fields, a portion of the parking, and
the concession building. That's why it was phased. During that --
Chairman Gonzalez: All right.
Ms. Conway: -- intervening time, and as well, the design for the ball fields and the concession
building was much shorter than the design time for the entire --
Chairman Gonzalez: My --
Ms. Conway: --Grapeland Water Park.
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Chairman Gonzalez: -- only question, once again, is when are you going to be ready to move
into the water park and start building the water park?
Mr. Cerrone: We're ready right now.
Chairman Gonzalez: You're ready right now?
Mr. Cerrone: Right now.
Chairman Gonzalez: That means that -- today is Thursday. Let's say -- I'm not going to say
tomorrow; within a week -- not this coming Monday, the following Monday, you will be working
on the water park?
Mr. Cerrone: We can start working that quickly, yes.
Chairman Gonzalez: OK. Very good.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Sanchez: All right.
Commissioner Regalado: IfI may.
Vice Chairman Sanchez: Commissioner Regalado, you're recognized.
Commissioner Regalado: Thank you, Mr. Chairman. I -- so there's no timeline here. There's no
bond -- this is a no -bid contract, which is $18 million, so what guarantees we have, other than
the gentleman word?
Mr. Cerrone: There's a bond on the project, sir.
Commissioner Regalado: I'm sorry?
Mr. Cerrone: There will be a consfruction and payment bond on the project.
Ms. Conway: And there also is a consfruction duration associated with the project, and RDC is
committed to have the ball fields substantially completed by January of '07, with a concession
building, which is as he mentioned, is we're already up to the second floor --
Vice Chairman Sanchez: January?
Commissioner Regalado: Yeah, but --
Ms. Conway: -- to be opened for use by February. He's also under contract to be substantially
completed with the water park by the end of '07, and to have it fully open and operational by the
very beginning of '08.
Commissioner Regalado: -- I just -- you said that the ball fields will be substantially completed
by January. I want to go back to what the Chairman said, and I just want to remember
something, just historical memory. I -- as a journalist, I cover the rafter crisis of '94; 30,000
Cubans in raft were taken to Guantanamo Naval Base. I live in the base for almost three month
reporting, and the Army Corps of Engineer was building and building because it took everyone
for surprise. They brought the Army Corps and they build them the tents and the barracks, and
when the rafter step off the boats, the U.S. (United States) Coast Guard, and -- they were -- some
of them decided that they wanted to play ball, so they went, clear an area, and in two days, they
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built a very beautiful baseball place, and then they build another one with no resources, and I
mean, they have home plate and first base and second and third and right field, and they even
build the stands. They cut frees and build stands, so I just cannot understand what is
substantially completed by January. I mean --
Ms. Conway: It means that the ball fields, with all the associated irrigation, the dugouts, the
parking, all of the site drainage for the parking, the lighting for the parking, the concession
building, will be completed and the ball fields will be able to be used by the neighborhood, by
the residents. The only thing that won't be fully operational will be the concession building.
That will lag about four to six weeks behind the ball fields. That's what mean when I say
substantially completed.
Chairman Gonzalez: All right, and why is the building behind, because of the water and sewer
permit?
Ms. Conway: Just because the construction duration to finish all of the finish work -- and I don't
know, Joe, if you want to comment in more detail -- but the lead time to be able to fully complete
the building work takes a little bit longer than the site parking, and the lighting, and the
drainage.
Mr. Cerrone: Exactly right. The long lead item is the building, and the -- you know, I can -- you
know, as soon as the water and sewer permits are issued, we can plant the grass and start to let
it grow, so --
Chairman Gonzalez: Mr. Manager, I thought you told me that you were working on the permit
from -- for water and sewer.
Mr. Hernandez: Mr. Chairman, the -- I think the development agreement with Water and Sewer
was signed recently. It was approved by this Commission, I don't know, two weeks ago. It was
signed recently, and I'm meeting with Water and Sewer tomorrow on these issues .
Chairman Gonzalez: All right.
Commissioner Spence -Jones: Mr. -- I just have a question.
Chairman Gonzalez: But let me tell you, you know, that's exactly whatl'm -- whatl -- you know,
whatl'm talking about, when I tell you thatl don't understand how we wait until we are ready to
build a building to do the agreement with WASA for the water and sewer connection. I mean,
that's the first thing that you do. Once you have your drawings, you go to Miami -Dade Water
and Sewer, because ifyou don't have water and sewer, you don't have a building, so you start
that process, and that process is a process that takes up to -- sometimes it takes up to a year to
get the final permit. I have gone through that. I have been there, building affordable housing,
so you know, if we know that we're going to do that, why do we wait -- and I'm not blaming
them; I'm blaming the consultant that is in charge of getting this permit. Why do we wait until
the last minute? You know what? Tomorrow, we're going to start building the building. Oh,
guess what? We don't have water, and we don't have, you know -- we don't have an allocation
letter from Miami -Dade Water and Sewer. Oh, really. Well, now we have to get an allocation
letter and we have to sign a contract.
Commissioner Spence -Jones: I --
Chairman Gonzalez: Yes. Go ahead.
Commissioner Spence -Jones: -- just want to add to this. Both of us -- you're doing both of our
parks in our district. You've kind of already heard some of the issues and concerns I have, and
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I'm sure some of these things are new things that have come on your list of things that you have
to handle. I have to say -- I don't know how it's moving actually in -- at Grapeland, butt have to
commend you guys are moving on my cultural complex. I did ride by there and I saw the
buildings were all gone, which I'm very thankful for, so the people do see something moving and
happening, and I was very ecstatic to see the light poles being put in the soccer park, so I do see
movement happening, you know, over there, a lot of movement, and things are moving pretty fast
on that end, despite all of the additional things that you've run into with the light poles being
buried and all this other stuff so --
Cerrone: Yeah.
Commissioner Spence -Jones: -- on that end, I have a flip viewpoint because I do see things
happening and moving from the parks standpoint, so just want to make sure that it's moving
enough, and by January, I actually see what was promised, but for the most part, I do see it
happening and moving and the community is happy to finally see that the soccer park is getting
done, and that those buildings did finally get knocked down for the cultural complex, so I'm very
happy about that.
Mr. Cerrone: Thank you.
Vice Chairman Sanchez: All right. Commissioner --
Chairman Gonzalez: All right.
Vice Chairman Sanchez: -- Haskins.
Chairman Gonzalez: You know what I'm going to do. I'm going to put myself in God's hands,
and I'm going to make --
Vice Chairman Sanchez: You're in good hands then.
Chairman Gonzalez: -- because that's -- those are the only hands that I can put myself on and be
safe --
Vice Chairman Sanchez: You're in good hands. Commissioner Haskins, you're recognized.
Commissioner Haskins: OK.
Chairman Gonzalez: -- and hope for the best, and with that, I'm going to move the item.
Commissioner Spence -Jones: Second.
Vice Chairman Sanchez: All right. There's a motion and a second. Item's under discussion.
We'll recognize Commissioner Haskins.
Commissioner Haskins: There were two no -bid contracts approved; one for $7 million for the --
for this -- authorizing the City Manager to execute an agreement with RDC for Grapeland
recreational facilities. There was another one for $9 million with RDC. Approve the selection of
RDC and C3TS (Corzo Castella Carballo Thompson Salman) for the design and construction
services of the projects at Grapeland Heights Park under the design -build method. The
responses to the internal auditor in this report was the reason RDC was selected for no -bid is
because you had looked at very similar projects, water facility projects, water parks, that RDC
had built. Were any -- either of those two contracts involved in the water theme park? The --
this is $16 million worth of con-- I just want to understand, Mary.
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Ms. Conway: I understand.
Commissioner Haskins: Because I feel like I'm hearing something different today than I heard
when I was chief financial officer.
Ms. Conway: I understand. The Grapeland Park project has been called the Grapeland Water
Park project. When we got to the issues of money, how much Homeland Defense Bond money do
we have for the project, how much County general obligation bond money could go towward the
project, how much MSEA (Miami Sports & Exhibition Authority) money would be available
toward the project. The entire project was conceived as the Grapeland Water Park project. It
was subsequently broken into phases, into three separate phases. First phase involved the ball
fields and the concession building. The second phase involved the water park, and the
remaining parking. The first phase has the ball fields, four ball fields, a concession building, a
Vita course and the parking that is immediately east and north of the ball fields. The second
phase involves all of the rest of the site work for the entire project, all of the parking, all of the
lighting, and all of the water park features themselves. The third phase involves --
Chairman Gonzalez: The community center.
Ms. Conway: -- the community center building, so at the time that the audit was done, I believe
we were talking about the Grapeland Water Park Project, and that audit was specific to the
Homeland Defense Bond dollars. There were always -- it was all contemplated that there would
be additional dollars that would go toward the project to complete it in its entirety when the
County GOB (General Obligation Bond) dollars became available. Part of the discussions that
the City had with the County --
Commissioner Haskins: I'm not getting an answer. I'm getting a long answer.
Ms. Conway: That is the answer.
Commissioner Haskins: I'm not getting an answer. I want to know was that $16 million in
original contracts, did that contemplate a water theme park in it?
Chairman Gonzalez: No.
Commissioner Haskins: It did not?
Mr. Cerrone: Yes, it did.
Chairman Gonzalez: It did?
Mr. Cerrone: The original contract --
Vice Chairman Sanchez: It did.
Mr. Cerrone: -- for phase I --
Commissioner Haskins: Well, I sure hope so because --
Mr. Cerrone: -- had the design --
Ms. Conway: It was the design of the entire complex.
Mr. Cerrone: -- of the water park.
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Commissioner Haskins: Was in there?
Hr. Cerrone: Yes --
Hs. Conway: Yes --
Hr. Cerrone: -- and that's the --
Hs. Conway: -- and the con --
Hr. Cerrone: -- only reason why we can move so quickly.
Commissioner Haskins: And the C3TS contract was only for the consfruction of the ball fields?
Hr. Cerrone: No. C3TS is a sub consultant to Recreational --
Commissioner Haskins: OK.
Hr. Cerrone: -- Design and Construction.
Commissioner Haskins: OK.
Hr. Cerrone: We had the master. You have a contract with us.
Commissioner Haskins: OK.
Hr. Cerrone: They work for us.
Commissioner Haskins: So was the $16 million for the entire -- the ball fields and the water
park or just -- the construction of the ball fields and the design of the water park, what --
Hs. Conway: Yes.
Commissioner Haskins: -- was that initial --
Hr. Cerrone: You're mixing --
Commissioner Haskins: --16 million for?
Hr. Cerrone: -- two projects together --
Commissioner Haskins: OK.
Hr. Cerrone: -- originally. You're looking at Little Haiti, I believe --
Hs. Conway: Correct.
Commissioner Haskins: No.
Hr. Cerrone: -- and -- well, the contract for Grapeland is not $16 million, our original contract.
It was five, plus -- , and then there was the two change orders for the ash remediation.
Commissioner Haskins: The resolutions that went to Commission were for a total of $16 million.
There was the $7 million one for Grapeland Park recreational facilities and another $9 million
one for RDC and C3TS for the design and consfruction services for projects Grapeland Heights
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Park under the design build method. That's what -- the two items that had gone to Commission.
Mr. Cerrone: We don't have a contract that reflects that.
Ms. Conway: For those -- without seeing that, I really can't say. What I can tell you is that the
audit was based on Homeland Defense Bond monies. The Homeland Defense Bond monies that
were --
Commissioner Haskins: Funding source doesn't --
Ms. Conway: -- for Little Haiti --
Commissioner Haskins: -- matter at this point, Mary. I'm sorry.
Ms. Conway: -- as well as for the Grapeland.
Commissioner Haskins: Mary, I'm sorry. The funding source doesn't matter at this point. I just
want to make sure that what was said -- OK. I don't want to -- you know, there -- the no -bid
contracts are a touchy issue. I went to bat for the Administration on the no -bid contracts at one
point, much to my dismay today, OK. What I heard you say today earlier in introducing this item
-- and we can replay it -- was that the original contract had nothing to do with the water park,
but it did. It had to do with design services in the water park.
Mr. Hernandez: Sure.
Commissioner Haskins: What I remembered and what is verified in this audit report is the
reason RDC was selected is because they had designed water parks that we liked.
Ms. Conway: That's correct. That is --
Commissioner Haskins: OK.
Ms. Conway: -- part of it --
Commissioner Haskins: That's what it --
Ms. Conway: -- as well as --
Commissioner Haskins: -- was, OK --
Ms. Conway: -- ball fields, soccer fields.
Commissioner Haskins: -- so the story has changed today from what you introduced to now
because what I heard you say earlier had nothing to do with a water park, even Commissioner
Gonzalez thought that's what it was --
Ms. Conway: It had to do --
Commissioner Haskins: -- so what I would like is -- what I would really like is to defer this item
so we can see -- I would like to understand what the financing is for this because this, again, is a
significant increase in a no -bid contract, and I would like to understand where the money's
coming from, what components, do we have all three phases in now. I feel like it's a Chinese
water torture. All of a sudden we're going to have phase I, phase II, phase III, and we're up to
phase II. I don't know where phase III is, but so we can -- I can understand, as a Commissioner,
what the money flow is here.
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Commissioner Spence -Jones: Is this going to slow down the project for you, Commissioner
Gonzalez?
Chairman Gonzalez: Yeah, it will. It will, and I -- you know, I -- at this point, it's like Regalado
Commissioner Haskins: I'll defer to you, Commissioner Gonzalez.
Chairman Gonzalez: -- like Commissioner Regalado was saying, you know, we -- it comes a
point where we have a gun to our head and we have to, you know, move forward. I can't go back
to that community now and, once again, tell them, you know, this was defer, and now -- because
my main concern was the cost of the park, if it was reasonable, and I had three meetings with the
Manager, even with the Mayor, Mary, and I even met with the company. With the company, I
met once, and the Manager -- and I asked the Manager to do a study, and compare the cost of
this park with other similar park. Well, this park is going to be definitely bigger than other parks
that we saw, and it's going -- the quality is going to be a higher, higher quality, OK.
Commissioner Spence -Jones: It's a destination.
Chairman Gonzalez: Right, so the Manager came with a report yesterday, and it was to my
satisfaction. When he compared and he got, you know, prices in other parks, and compare it to
this park; we were right. That was my concern. My concern was that we were being overcharge
in this park.
Commissioner Spence -Jones: And then, also, I think, too, Commissioner Gonzalez -- and I think
you mentioned it, RDC -- there was a big environmental issue that was not --
Chairman Gonzalez: Well, it cost --
Commissioner Spence -Jones: -- contemplated originally. I don't even know what that cost was -
- correct?
Chairman Gonzalez: That's why --
Commissioner Spence -Jones: The ashes --
Ms. Conway: Almost 9 million.
Chairman Gonzalez: -- I assume --
Commissioner Spence -Jones: -- right?
Ms. Conway: Almost $9 million.
Commissioner Spence -Jones: That was $9 million --
Chairman Gonzalez: Right.
Commissioner Spence -Jones: -- that was not even contemplated in this project.
Chairman Gonzalez: That's why I assumed that the -- that building the water park was not on
the contract because it cost $9 million to clean up the land.
Commissioner Spence -Jones: So, I mean, here's a perfect example of something --
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Commissioner Haskins, I'm just making sure you -- that $9 million was never even in it --
Chairman Gonzalez: I know.
Commissioner Spence -Jones: -- to clean the land up, so even if there was an additional $9
million that was add -- or additional dollars, that was the reason why it was added.
Chairman Gonzalez: Exactly.
Ms. Conway: And those were bond dollars.
Commissioner Haskins: And I understand that. I don't understand the flow of the contracts, and
what concerned me from the onset of the presentation today was the statement on the record that
said that that -- the original contract had nothing to do with a water theme park, and it did. It
better have, because we went to everybody and told them that's why RDC was selected.
Vice Chairman Sanchez: But that's --
Ms. Conway: But that's not what I --
Chairman Gonzalez: Oh, yeah.
Ms. Conway: -- that's not what was said. It was said that phase I was the design of the --
Chairman Gonzalez: Right.
Ms. Conway: -- entire park, all inclusive --
Chairman Gonzalez: Because let me tell you.
Ms. Conway: -- of the community center --
Chairman Gonzalez: When we --
Ms. Conway: -- water park, and ball fields.
Chairman Gonzalez: -- talk about Grapeland Park, we always talk about the water park --
Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: -- and that was -- when we said the water park --
Vice Chairman Sanchez: Look, let's --
Chairman Gonzalez: -- that included the baseball fields and that included the community
building --
Vice Chairman Sanchez: Let --
Commissioner Haskins: Well --
Chairman Gonzalez: --so --
Commissioner Haskins: -- the resolution said Grapeland Heights Park Water Theme Park,
Grapeland Heights Park Community Recreation Facility and Parking --
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Vice Chairman Sanchez: Everything.
Commissioner Haskins: -- Grapeland Heights Park Fields and Site Development. It was
everything.
Vice Chairman Sanchez: It was everything.
Chairman Gonzalez: Right, it was everything.
Vice Chairman Sanchez: All right. Listen, ifI may. Has everyone had an opportunity, as the
Chair, to share so we could move on? I think -- look, we have a misunderstanding here. I think
we need to clarify this misunderstanding. I was always the -- under the impression it was
everything. Now we need to clarify that.
Commissioner Spence -Jones: I was, too.
Vice Chairman Sanchez: All right, but it was everything.
Mr. Hernandez: Yes.
Vice Chairman Sanchez: It was everything at the park. Now let me tell you what's happened. It
comes to a point where people are starting to get frusfrated, all right. Not only the
Commissioners, because the residents are asking that we approve that, when are we going to see
it, when are my children going to go out there and enjoy it ?
Chairman Gonzalez: Right.
Vice Chairman Sanchez: You keep telling me a date and it's not that date. You keep telling me a
price and it's not that price. Whether it's justification or no justification, I think the
miscommunication, the frustrations that we're at today, you know, we need to move forward
because of the situation that we're in here, but you know, we have to have an understanding, OK,
all right. The biggest frusfration here is that it may be not your fault, or what it is with
construction costs and changes and stuff. Original prices have increased on all these projects,
and it's a big concern to all of us. When you meet with me, I tell you -- I'm sure that when you
meet with all the Commissioners, they tell you --
Ms. Conway: Absolutely.
Vice Chairman Sanchez: -- especially, if they have a project, which they have gone out into the
community and they have had community meetings, and you promise people we're going to have
this and we're going to have this and we're going to have this, and they go, where is it? I -- some
that are lucky that are going on, the projects are going -- at least it's there. Little by little, we're
getting there, but in other places, they're not -- haven't started, and there's just -- it's frustration.
We need to put the frustration aside, and I don't know. I just need -- we continue the progress,
but you need to clarify a lot of things. We need to spend more time with the Commissioners, and
I know we meet and, you know, we need to spend more time as to these projects, because you
know, I said it at the beginning of the day, great -- you know, people supported the bonds.
Great. That's great, and then we got the bonds, and what do we do now? Because these aren't
small, little projects. These are big, big projects, and listen, we're a young City, growing pains,
but at the end of the day, the only thing that we ask is that we have good, first-class projects that
the residents are going to look back, and well, you know, you went over a little bit on the
overcosts, you know, it was over -- you know, more time than usual, but you know, I think the
community's satisfied with what we've given them, so Mr. City Manager, at this time, and then --
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Mr. Hernandez: Mr. Chairman, if --
Vice Chairman Sanchez: -- I'm prepared to vote on the issue.
Mr. Hernandez: -- you allow me. My feeling is that the project -- and this is -- I wasn't here, so
it's based on what I read. It was the whole thing, and that phase I included the design of all the
phases --
Vice Chairman Sanchez: Always everything.
Mr. Hernandez: -- the construction of the ball fields in that phase I, and so forth and so on.
Now what I want to sort of give you a bottom line is that I have a valid contract, I have a
reputable contractor, I have a reasonable price, and I would ask for your support to move
forward with the project.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: Is there a motion and a second?
Commissioner Spence -Jones: I thought we did already.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: Yes.
Vice Chairman Sanchez: There's a motion and a second. Now there was a Commissioner
requested for a deferral. If he gets a second, that deferral supersedes the motion.
Commissioner Haskins: I'll withdraw that.
Vice Chairman Sanchez: All right. The Commissioner has withdrawn the deferral, so therefore,
there is a motion and a second for approval of the resolution. Are we ready for a vote?
Commissioner Regalado: Just --
Vice Chairman Sanchez: Commissioner Regalado --
Commissioner Regalado: -- One comment.
Vice Chairman Sanchez: You're recognized.
Commissioner Regalado: -- I think there has been a very difficult afternoon, because although --
it seems that the City is -- it just have bad lucks [sic] because we -- all the projects that we have
discussed this afternoon are either out of time, out of budget, and all that, but just to -- I mean, I
understand, and you know why? Because his district abuts my district, and then when Igo
around to any area in Northwest 7th Street and Flagler, I get challenged by people, not asked,
challenged. "When are you guys going to do this park that is a disaster?" And -- because it's --
we are all the government. We are. I mean, it's not, oh, no, that's Commissioner -- no, we are
the government. We are voting for you. The only thing I really want is for us to have some
comfort. If we can -- you just need to get a digital camera and shoot some pictures of the work
being done, and send it to the office to see if it really is work been done. I mean, the January
timeline for the baseball -- and by the way, I remember, there was an issue with the size of the
baseball --
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Chairman Gonzalez: But that was taken care of.
Commissioner Regalado: -- but that was taken care of so I just hope that we can get at least -- I
mean, the pictures of the work going on, the workers, because it's very -- not only -- the Vice
Chairman said no, the people are getting frustrated. No, the people are getting suspicious, not
frustrated, suspicious of all these no -bid contracts, and millions and millions of dollars, and
change orders, and that -- this is wrong. This is really wrong for the elected officials that -- you
know, really, the only thing we do here is to follow or try to follow the staff that is supposed to
tell us, and I am -- I hope that your company will at least accommodate us in seeing that project
move on through the pictures that you send.
Mr. Cerrone: Pleasure.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: Call the question.
Vice Chairman Sanchez: Call -- the question has been called. There is a motion and a second
on RE.8. It's a resolution. All in favor, say "aye. "Anyone in opposition, having the same right,
say "nay". Motion carries --
Commissioner Haskins: No.
Vice Chairman Sanchez: -- 5/0.
Commissioner Regalado: No. She voted "no."
Vice Chairman Sanchez: No.
Commissioner Haskins: I said "no."
Vice Chairman Sanchez: She voted "no?" OK.
Chairman Gonzalez: She said "no."
Vice Chairman Sanchez: Correction.
Ms. Burns: The motion carries 4/1 --
Vice Chairman Sanchez: 4/1.
Ms. Burns: -- is that correct?
Chairman Gonzalez: 4/1.
Vice Chairman Sanchez: For the record, Commissioner Haskins voted "nay" on the issue.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: All right.
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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
NOMINATED BY:
Vice Chairman Joe Sanchez
Commissioner Michelle Spence -Jones
DEFERRED
Vice Chairman Sanchez: Boards and Committee [sic], we could get that out of the way.
Chairman Gonzalez: BC.1, Commissioner Sanchez, you have one --
Vice Chairman Sanchez: Defer.
Chairman Gonzalez: -- appointment. Defer?
Vice Chairman Sanchez: Yeah.
Chairman Gonzalez: Commissioner Jones [sic].
Vice Chairman Sanchez: All right. BC.1, there's no other appointment.
Chairman Gonzalez: Commissioner Jones [sic].
Vice Chairman Sanchez: Has been --
Commissioner Spence -Jones: All of my appointments are deferring, but BC.8.
Chairman Gonzalez: All of yours are defer? OK.
Commissioner Spence -Jones: Except BC.8.
Vice Chairman Sanchez: OK.
Commissioner Haskins: All of mine are deferred.
BC.2 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
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City Commission
Meeting Minutes October 12, 2006
HEREIN.
APPOINTEES: NOMINATED BY:
Allyson Warren Commissioner Tomas Regalado
Catherine S. Colmenares Mayor Manuel Diaz
06-01408 memo.pdf
06-01408 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-06-0622
A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was
passed unanimously, to appoint Allyson Warren as a member of the Community Technology
Advisory Board.
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was
passed unanimously, to appoint Catherine S. Colmenares as a member of the Community
Technology Advisory Board.
Chairman Gonzalez: BC.2.
Vice Chairman Sanchez: All right. Let's go. BC.2, Mr. Chairman, I have -- I would like to
reappoint --
Chairman Gonzalez: You don't have one on BC.2.
Vice Chairman Sanchez: Oh, I'm sorry. BC.5. Sorry.
Chairman Gonzalez: BC.2, Commissioner Haskins.
Vice Chairman Sanchez: There's so many of them. So many boards.
Commissioner Regalado: Allyson --
Chairman Gonzalez: Commissioner Haskins.
Commissioner Regalado: -- Warren.
Commissioner Haskins: I'm deferring everything.
Chairman Gonzalez: You're deferring.
Commissioner Regalado: I'm reappointing Allyson Warren.
Chairman Gonzalez: OK. We have a name proffer --
Vice Chairman Sanchez: Allyson War -- second.
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Meeting Minutes October 12, 2006
Chairman Gonzalez: -- and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: All right. I'm going to defer mine, and the Mayor has one appointment. I
guess to be defer.
Pamela Burns (Assistant City Clerk): We received a notice from the Mayor, that he's appointing
Catherine Colmenares.
Chairman Gonzalez: All right. You want to move it for the Mayor?
Vice Chairman Sanchez: So move.
Chairman Gonzalez: All right. We have a motion. Do we have a second?
Commissioner Regalado: Second.
Chairman Gonzalez: And we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
BC.3 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
NOMINATED BY:
Chairman Angel Gonzalez
Commissioner Michelle Spence -Jones
DEFERRED
Chairman Gonzalez: BC. 3. I'll defer mine, and Commissioner Jones [sic]?
Commissioner Spence -Jones: I'm deferring all of mine.
Chairman Gonzalez: You're deferring all. I'm sorry.
Commissioner Spence -Jones: Yeah, except --
Chairman Gonzalez: I'm sorry.
Commissioner Spence -Jones: -- number 8, sir.
Chairman Gonzalez: OK.
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Meeting Minutes October 12, 2006
BC.4 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
DEFERRED
Chairman Gonzalez: BC.4. I have an appointment. I'm going to defer.
BC.5 06-01644 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT
REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Ernesto Santos Vice Chairman Joe Sanchez
Robert Behar Vice Chairman Joe Sanchez
Willy Bermello Commissioner Tomas Regalado
06-01644 memo.pdf
06-01644 members.pdf
06-01644 applications.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-06-0623
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was
passed unanimously, to appoint Ernesto Santos and Robert Behar as members of the Urban
Development Review Board.
A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was
passed unanimously, to appoint Willy Bermello as a member of the Urban Development Review
Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of
Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as
it relates to past absences on record for Willy Bermello as a member of the Urban Development
Review Board; and further waiving the term limits of Section 2-885(b) by a unanimous five/fifths
(5/5ths) vote of the members of the City Commission, as it relates to Willy Bermello as a member
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Meeting Minutes October 12, 2006
of the Urban Development Review Board.
Chairman Gonzalez: BC.5, the Urban Developer Review Board [sic].
Vice Chairman Sanchez: Mr. Chairman, I have two appointments that I would like to reappoint,
Ernesto Santos and Robert Behar, to the Urban Development Review Board. So move.
Chairman Gonzalez: All right. We have a motion --
Commissioner Regalado: Move it.
Chairman Gonzalez: -- and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Regalado: Mr. Chairman, I have, on this same board, BC.5, Willy Bermello. The
other one I'm deferring the appointment. I would --
Chairman Gonzalez: All right. We have a motion and we hear a second?
Vice Chairman Sanchez: Second.
Pamela Burns (Assistant City Clerk): Excuse me.
Chairman Gonzalez: And we have a second. All in favor, say "aye."
Vice Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa. Madam Clerk.
Ms. Burns: Excuse me. We have two waivers that would be required for that appointment, a
four fifths waiver for absences, and a five fifths waiver for term limits.
Vice Chairman Sanchez: Who's that --
Commissioner Regalado: OK.
Vice Chairman Sanchez: -- individual?
Commissioner Regalado: That's --
Ms. Burns: That's Willy Bermello.
Commissioner Regalado: -- Willy Bermello, and what I wanted to request the Manager -- two of
the members of the -- or maybe Orlando can give us a hand here. Two -- the reasons for the
absences of these two individual, one that resign, is because historically, the meeting started at
3 p.m., but several month ago, it was changed to 1 p.m., which interferes with lunchtime and
people would get late, and that is a problem. Now the question is can -- is it possible to bring
this back at 3 p.m, or why is it necessary to do it at 1 p.m.?
Orlando Toledo: Orlando Toledo, senior director of Building, Planning, and Zoning. The
reason it was moved back to 1 is because right after that meeting, we have Planning Advisory
Board. It was getting to the point in which the Planning Board would start and that was not
over, so we decided to move it back to 1 o'clock.
Commissioner Regalado: But Planning Board starts at 7.
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Meeting Minutes October 12, 2006
Mr. Toledo: Yes. They were running --
Commissioner Regalado: So can you change the time? I mean, the date?
Commissioner Spence -Jones: For the UDB -- UDRB (Urban Development Review Board)?
Commissioner Regalado: Huh? Yeah.
Commissioner Spence -Jones: I mean -- yeah, because that's definitely a issue.
Commissioner Regalado: I mean, because if we want people to serve -- these two people want to
serve, but the reason that they're absent is because --
Commissioner Spence -Jones: They can't get off-- mine --
Commissioner Regalado: -- they can't get out --
Commissioner Spence -Jones: -- can't get off.
Mr. Toledo: What --
Commissioner Regalado: -- but they can plan for 3, but they cannot plan for 1.
Mr. Toledo: -- I would do is I would look at to see what the schedule looks like, and then come
back to the Commission back on the 26th and let you know exactly --
Commissioner Spence -Jones: Yeah, that would be helpful.
Mr. Toledo: -- what -- I mean, it might be better just to move it to another day.
Commissioner Spence -Jones: I know in the daytime, it's difficult. The person that I put on, they
had to resign because they couldn't get off -- they're off-- get out of their job at that particular
time.
Commissioner Regalado: And let me tell you. These two people, if you look at the record, would
have a perfect attendance until the meeting was changed. When the meeting -- because you can
plan to have the afternoon off, but you cannot plan to have, you know, early morning and lunch,
and get that in the middle, and it takes two or three hours, so it's very difficult, so that's -- the
only thing that they are requesting is --
Mr. Toledo: To move it back to 3 o'clock.
Commissioner Regalado: -- move it back.
Mr. Toledo: OK. What I'll do is I'll look at it, and then come back on the 26th and let you know.
Commissioner Regalado: So we are doing this with a waiver. Move it with a waiver.
Ms. Burns: We have --
Chairman Gonzalez: All right. We have a motion --
Ms. Burns: -- a four fifths waiver for the absences --
Commissioner Regalado: Right.
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Ms. Burns: -- and we would need a five fifths for the term. Now --
Vice Chairman Sanchez: We had --
Ms. Burns: -- we have five.
Chairman Gonzalez: All right. We have --
Vice Chairman Sanchez: Madam Clerk, we have them --
Chairman Gonzalez: -- five Commissioners.
Vice Chairman Sanchez: -- and I am prepared to second it, and second all the waivers.
Chairman Gonzalez: All right. We have a motion and we have a second with all the waivers.
All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner
Haskins, you're deferring?
Commissioner Haskins: Deferring.
Chairman Gonzalez: OK. Commissioner Sanchez, you did yours, right?
Vice Chairman Sanchez: Yes. That's BC.5?
Chairman Gonzalez: BC.5.
Vice Chairman Sanchez: Yes, sir, I did.
Chairman Gonzalez: I have two and I'm going to defer.
BC.6 06-01645 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S
INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Michelle Spence -Jones
06-01645 memo.pdf
06-01645 members.pdf
DEFERRED
Chairman Gonzalez: BC.6.
Commissioner Spence -Jones: BC. 6 is me, and I'm -- again, I'm -- like I said, I'm deferring all of
mine, Mr. Chairman, but I do have a question. Who is my appointee for sure, Madam Clerk, for
the Mayor's International Council?
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Meeting Minutes October 12, 2006
Pamela Burns (Assistant City Clerk): BC. 6, the current member is Najib Tayara that was
appointed by former Commissioner Allen.
Commissioner Spence -Jones: OK. I'm going -- I'm still -- I'm deferring all of them. I just
wanted to know who my appointee was.
BC.7 06-01646 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Chairman Angel Gonzalez
(Architectural Historian)
(Alternate seat)
(Citizen)
(Architect)
(Landscape Architect)
(Real Estate Broker)
06-01646 memo.pdf
06-01646 members.pdf
06-01646 applications.pdf
DEFERRED
Chairman Angel Gonzalez
Vice Chairman Joe Sanchez
Commissioner Tomas Regalado
Commissioner Michelle Spence -Jones
Commissioner Michelle Spence -Jones
Direction by Commissioner Regalado to the City Clerk to place the appointment of individuals
as members to the Historic and Environmental Preservation Board on the next available City
Commission agenda, currently scheduled for November 9, 2006.
Chairman Gonzalez: All right. BC.7.
Vice Chairman Sanchez: I'm deferring mine, Mr. Chair.
Chairman Gonzalez: I'm also deferring mine.
Commissioner Regalado: Mr. Chair, I have a person, but it needs to be advertised --
readvertised because this new applicant didn't apply on time, and -- so what's the deadline for
application on the Historical and Environmental Preservation Board? Is there a
(UNINTELLIGIBLE) ?
Pamela Burns (Assistant City Clerk): I don't -- I can't answer that question at this time, but we
would need that individual to fill out an application.
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Commissioner Regalado: OK, so will you place it just on the next agenda so the person -- the
person already applied, but it was closed, the window for application was closed.
Ms. Burns: I'll place it on the next agenda in November.
Commissioner Regalado: Thank you.
BC.8 06-01702 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Ramon de la Cabada Vice Chairman Joe Sanchez
Hattie Willis Commissioner Michelle Spence -Jones
06-01702 memo.pdf
06-01702 members.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-06-0620
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was
passed unanimously, to appoint Ramon de la Cabada as a member of the Homeland
Defense/Neighborhood Improvement Bond Program Oversight Board.
A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and
was passed unanimously, to appoint Hattie Willis as a member of the Homeland
Defense/Neighborhood Improvement Bond Program Oversight Board.
Chairman Gonzalez: All right. BC.8, Homeland Defense/Neighborhood Improvement Bond
Program. Vice Chairman Sanchez.
Vice Chairman Sanchez: I would like to appoint Ramon de la Cabada.
Commissioner Regalado: 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. Commissioner Jones, you're
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Meeting Minutes October 12, 2006
deferring, right?
Commissioner Spence -Jones: No, not -- BC.8 is the one -- I am replacing Elaine Black.
Chairman Gonzalez: Reappoint her?
Commissioner Spence -Jones: Yes, for Ms. --
Chairman Gonzalez: All right.
Commissioner Spence -Jones: -- Hattie Willis.
Chairman Gonzalez: We have a motion --
Commissioner Regalado: Second.
Chairman Gonzalez: -- and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
BC.9 06-01703 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL
ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Hugh Ryan Commissioner Tomas Regalado
Frank Herrera Commissioner Tomas Regalado
06-01703 memo.pdf
06-01703 members.pdf
06-01703 legal opinion.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-06-0621
A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was
passed unanimously, to appoint Hugh Ryan and Frank Herrera as members of the Orange Bowl
Advisory Board.
Chairman Gonzalez: BC.9, the Orange Bowl Advisory Board. Here is where we have a problem
that --
Vice Chairman Sanchez: Well, I'll address it.
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Meeting Minutes October 12, 2006
Chairman Gonzalez: -- the member have to --
Vice Chairman Sanchez: Well --
Commissioner Regalado: Be electors. I have two electors.
Chairman Gonzalez: You do? OK.
Commissioner Regalado: Yeah.
Vice Chairman Sanchez: OK.
Chairman Gonzalez: All right. Commissioner Sanchez.
Vice Chairman Sanchez: No, sir. I will defer, and then when this is all said and done, I want to
speak on that issue, which is --
Chairman Gonzalez: All right. Commissioner Haskins, you're deferring it?
Commissioner Haskins: Deferring.
Chairman Gonzalez: Commissioner Regalado.
Commissioner Regalado: Both appointments City ofMiami elector, Hugh Ryan and Frank
Herrera.
Chairman Gonzalez: All right. We have a motion --
Vice Chairman Sanchez: Second.
Chairman Gonzalez: -- and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones.
Commissioner Spence -Jones: I don't have an appointee, but I do have a question. I think, Mr.
Chairman, you are the -- are you the Chair of this?
Chairman Gonzalez: Yes, ma'am.
Commissioner Spence -Jones: How often do they meet; do you know? I mean --
Chairman Gonzalez: We're meet --
Commissioner Spence -Jones: -- they're going to be meeting now with the -- ?
Chairman Gonzalez: -- meeting quarterly.
Commissioner Spence -Jones: Are they meeting -- going to meet now more --
Chairman Gonzalez: Hopefully, because --
Commissioner Spence -Jones: -- of what -- because of the Orange Bowl stuff that's going on?
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Meeting Minutes October 12, 2006
Chairman Gonzalez: -- with the renovation and all that is going on in the Orange Bowl, I want -
Commissioner Spence -Jones: Yeah. It seems like they're going to really need to be --
Chairman Gonzalez: -- to be meeting more regularly. Yeah.
Commissioner Spence -Jones: OK. That's my question.
Chairman Gonzalez: So you're going to --
Commissioner Spence -Jones: No. I'm not -- I only had one appointee today.
Chairman Gonzalez: OK.
Commissioner Regalado: So we need to vote on mine? Did we vote on --?
Chairman Gonzalez: We already voted on yours.
Commissioner Regalado: Oh, OK.
Chairman Gonzalez: Commissioner Sanchez, you're recognized. Vice Chairman Sanchez, I'm
sorry.
Vice Chairman Sanchez: Are we on the Orange Bowl or we're done with that one?
Chairman Gonzalez: Orange Bowl.
Commissioner Spence -Jones: With -- oh.
Vice Chairman Sanchez: No, I -- no, no, no, no, not on the Orange Bowl. I do want to speak on
the issue of electors on some of the advisory boards that have created basically a crisis, but --
Chairman Gonzalez: A crisis.
Vice Chairman Sanchez: -- I will deal with it after, because once you deal with that, I want to
deal with the DDA (Downtown Development Authority). We have to ratify some of the
appointments that were approved by the DDA, by the Commission, so we'll get to that. That'll be
later on, during the order of the day.
Chairman Gonzalez: All right. Well, that concludes the agenda.
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Meeting Minutes October 12, 2006
NA.1 06-01849
NON -AGENDA ITEMS
DISCUSSION ITEM
BRIEF UPDATE REGARDING RELOCATION OF UTILITY LINES NEAR
THE LYRIC THEATER.
DISCUSSED
Commissioner Haskins: And then the other thing was, too, I had asked for us to work on -- the
Lyric Theater, for some reason, when it got redone -- and know this is in your district, but was
-- I -- because I went --
Commissioner Spence -Jones: Yeah.
Commissioner Haskins: -- to -- I wanted to see some of our historical buildings. We were going
to fry to work on getting the utility lines, that kind of ruined the view from the inside of the
theater, moved to the other side of the road, and I know that there was some work that was going
on, and I don't know that they're electrical lines. They may just be cable lines or phone lines, but
those poles, for some reason, after the theater was renovated, were put right next to the theater
instead of on the sidewalk across the street where they used to be.
Mary Conway (Chief of Operations): That's a project and an item that came up as we were
having the committee meetings associated with developing bonding plans for the two CRA
(Community Redevelopment Agency) districts, and it is something that we're following up on,
and we're also meeting with both the Black Archives and the Trust for Public Lands to further
scope and cost -estimate in detail all the capital projects in both CRAs.
Commissioner Spence -Jones: Thank you, Mary. That was my only question, so if we can work
to -- if we can be briefed on that, that'd be great.
Ms. Conway: Yes.
Commissioner Spence -Jones: Thank you.
NA.2 06-01856 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEES:
Jorge Gonzalez
(term expiring 8/31/09)
Jose Goyanes
(term expiring 8/31/09)
Scott Robins
(term expiring 8/31/09)
Oscar Rodriguez
(term expiring 8/31/09)
NOMINATED BY:
DDA Board of Directors
DDA Board of Directors
DDA Board of Directors
DDA Board of Directors
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Meeting Minutes October 12, 2006
Rodrigo Trujillo
(term expiring 8/31/09)
Alvin West
(term expiring 8/31/09)
Commissioner Bruno Barreiro
(term expiring 8/31/09)
Neisen Kasdin
(term expiring 8/31/09)
06-01856 nominations.pdf
DDA Board of Directors
DDA Board of Directors
Miami -Dade County Commission
Cabinet of the State of Florida
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-06-0624
A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was
passed unanimously, to confirm the nominations and appoint Jorge Gonzalez, Jose Goyanez,
Scott Robins, Oscar Rodriguez, Rodrigo Trujillo and Alvin West as members of the Downtown
Development Authority; further confirming the appontment of Neisen Kasdin as the state
representative to the Downtown Development Authority; and confirming the appointment of
Miami -Dade County Commissioner Bruno Barreiro as the representative ofMiami-Dade County
to the Downtown Development Authority.
Vice Chairman Sanchez: OK. On -- let's go through the DDA (Downtown Development
Authority). This was an appointment and we were -- you were given an attachment reference to
DDA resolution that was passed 38-205, which was adopted September 15, 206 [sic],
nominating the following individuals to the DDA --
Chairman Gonzalez: Is that a pocket item?
Vice Chairman Sanchez: -- Board. No, it's not a pocket item. It's just appointment of DDA. I --
if you want, I could bring it up as a pocket item.
Chairman Gonzalez: No, no, no. It's all right --
Vice Chairman Sanchez: All right.
Chairman Gonzalez: -- but the thing is thatl don't have it on my --
Commissioner Spence -Jones: Describe it.
Vice Chairman Sanchez: Well, the following individuals were nominated and approved by the
board of the DDA and we need to ratify. Of course, there are six individuals, and then one
appointed by the County and one appointed by the State, by Governor Jeb Bush, and I'll just put
them on the record and move to approve. The following individuals are Jorge Gonzalez, Jose
Goyanes, Scott Robins, Oscar Rodriguez, Rodrigo Trujillo, and Alvin West. Those were the
individuals that were nominated for the DDA board and voted by the board and now needs
ratification by the Commission. From the County, the County has appointed Commissioner
Bruno Barreiro, representing the County, and the State -- representing the State, Jeb Bush --
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Meeting Minutes October 12, 2006
NA.3 06-01857
Governor Jeb Bush made the appointment of Kasdin, Neisen Kasdin, who used to be the Miami
Beach Mayor, so having said that, those names that have been proffered, I would like to move to
the DDA.
Commissioner Regalado: Second.
Chairman Gonzalez: All right. We have a motion. Do I hear a 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.
DISCUSSION ITEM
DISCUSSION RELATED TO CITY ADVISORY BOARDS
MOTION
A motion was made by Vice Chairman Sanchez, seconded by Chairman Gonzalez, and was
passed with Commissioners Regalado and Spence -Jones dissenting, directing the City Attorney
to draft legislation to include all City boards, with the exception of the Planning Advisory Board
and the Zoning Board, to provide for the waiver of residency for members if they work or own a
business in City.
Vice Chairman Sanchez: And Mr. Chairman, ifI could be recognized. Madam Clerk, I'll make
sure you get these names for the record.
Chairman Gonzalez: You're recognized.
Vice Chairman Sanchez: Thank you, Mr. Chair. As you could see, some of the advisory boards
are being affected by the requirement of individuals being elector. I could see the logic, and
there's some arguments as to the quasi-judicial of the Zoning Board and the Planning Board, but
when it comes to certain boards here -- and these are basically advisory boards, such as the
Orange Bowl Advisory Board --
Chairman Gonzalez: CRB (Community Relations Board).
Vice Chairman Sanchez: -- the Community Relations Board, and Miami Sports and Exhibition,
let me just say that because of these steep requirements, we are losing incredible individuals that
have, for years, dedicated themselves to serve, and you know, it isn't easy to get people to
volunteer for these boards, and attend all the meetings, and really commit themselves. Let me
just give you a couple of examples, and there are many. I don't want to get into them, but let me
tell you that the residency requirement removed one individual, Jack Blumenfeld, from the
Community Relations Board. You're talking about a respected attorney, an individual who has
donated his service as the negotiator with the protesters in the FTAA (Free Trade Area of the
Americas).
Chairman Gonzalez: (UNINTELLIGIBLE).
Vice Chairman Sanchez: This guy -- I mean, this -- I don't think there's anyone in the City who
has a bad word to say about Jack, an incredible individual who has dedicated himself to this
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City, and then there's another individual that we all know, and that individual is -- he sits on the
Orange Bowl Advisory. Arthur Hertz. Who doesn't know Arthur Hertz? He is a pioneer of the
City. Arthur Hertz has been the pillar who has committed countless hours to public service, not
only to the Orange Bowl, but the Orange Bowl Advisory Committee, and the entire city, and
there are a lot of people thats because of these requirements, they're being removed --
Chairman Gonzalez: Right.
Vice Chairman Sanchez: -- they're being removed from these boards, and I really don't see the
logic. I really don't see why these individuals -- if -- you know what? If they didn't come to
meetings, get them out, but these individuals, just like many other people that do not live in the
City, but these are advisory boards, and it's really isn't fair, so I just wanted to state that for the
record, and what I want to do before I -- I would like, as per Section 288 of the City Code, allow
board members, who don't reside in the City, to apply for a waiver if they work or own business
in the City, and I think, Mr. City Manager, you need to look at that, because I honestly think it is
very unfair when you're asking these individuals to -- right off the bat, without any notice, they
received a letter saying, hey, listen, you don't live in the City. Thanks for your dedication.
Adios. Not even a proclamation.
Chairman Gonzalez: Nothing.
Vice Chairman Sanchez: Not even a "thank you" --
Chairman Gonzalez: Nothing.
Vice Chairman Sanchez: -- for your time and effort, and I think it's unfair, so as the legislative
body and the policy makers, I think that we need to review this, and you know, we need to ask --
and I will ask -- the City Attorney to possibly draft an ordinance that would qualify volunteers
for our Community Relations Board, the Orange Bowl Advisory Committee, and Miami Sports &
Exhibition Authority, the same way dozens of other advisory boards and committees that benefit
greatly from dedicated volunteers who are not electors, so you know, I will present it as a
motion, and maybe, ifI could get a second, and we could vote on it.
Chairman Gonzalez: I will second it, butt would like to amend it to include any advisory board.
Vice Chairman Sanchez: Absolutely, and I'll accept that. That's a friendly amendment to all the
advisory boards. Do you see the unfairness here? It's a tremendous unfairness, so having said
that, there is a motion and a second, and we could discuss it.
Julie O. Bru (Deputy City Attorney): OK. Commissioner, just for clarification, are you
including the Planning Advisory Board on that -- in that motion?
Vice Chairman Sanchez: No, no, no, no, no. That's something we should -- look, there's
arguments there, and I think that we should debate that maybe in if future, but right now, when
you look at the advisory board, it really isn't fair for the advisory boards.
Ms. Bru: OK, so all advisory boards, but --
Vice Chairman Sanchez: All advisory boards.
Ms. Bru: -- excepting [sic] the Planning Advisory Board.
Vice Chairman Sanchez: Except those two, and then later on we could bring 'em back and we
could debate it.
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Chairman Gonzalez: Yeah.
Commissioner Haskins: And Zoning, as well, right? Zoning --
Vice Chairman Sanchez: Yes, absolutely.
Commissioner Haskins: Yeah, yeah. PAB (Planning Advisory Board) and Zoning.
Ms. Bru: Zoning.
Chairman Gonzalez: Right.
Pedro G. Hernandez (City Manager): Exempting, right?
Commissioner Regalado: I cannot support that because it's -- the City is very big. The City has
many, many residents. It's like a national search. I understand that there are important people
that do want to serve, and that they have served tremendously, but you know, that's the way -- we
did it for one. If we start cutting here and cutting there, might as well do it for all, but that's the
will of the Commission. I can -- I just hope that we have -- when the ordinance is coming, we
have a public debate on that.
Vice Chairman Sanchez: All right.
Chairman Gonzalez: All right.
Vice Chairman Sanchez: Call the question.
Chairman Gonzalez: We have a motion and we have a second. Roll call, Madam City Clerk.
Pamela Burns (Assistant City Clerk): Roll call. Commissioner Haskins?
Commissioner Haskins: Pass.
Ms. Burns: Commissioner Regalado?
Commissioner Regalado: No.
Ms. Burns: Commissioner Spence -Jones?
Commissioner Spence -Jones: No.
Vice Chairman Sanchez: It dies.
Ms. Burns: Vice Chairman Sanchez?
Vice Chairman Sanchez: Yes.
Ms. Burns: Chairman Gonzalez?
Chairman Gonzalez: Yes.
Ms. Burns: The motion passes on a vote of 3/2.
Vice Chairman Sanchez: You voted `yes"?
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Chairman Gonzalez: All right. Any pocket items.
Vice Chairman Sanchez: No, no, no, no, no, no, no. She --
Chairman Gonzalez: She voted "yes."
Commissioner Haskins: I passed.
Vice Chairman Sanchez: She passed, so the motion dies.
Ms. Burns: I show a negative vote with Regalado and Spence -Jones.
Vice Chairman Sanchez: Yes.
Commissioner Regalado: And Linda Haskins.
Chairman Gonzalez: You voted "no?"
Vice Chairman Sanchez: And she passed on the vote --
Commissioner Haskins: I said "pass."
Vice Chairman Sanchez: -- so it dies 2/2.
Commissioner Regalado: And she said "no."
Commissioner Haskins: Can we -- can --?
Chairman Gonzalez: What do you mean, she passed?
Vice Chairman Sanchez: She didn't vote on it.
Ms. Burns: Yeah.
Commissioner Spence -Jones: Pass means "no" or `pass" means "yes," Commissioner?
Commissioner Haskins: Can we bring it back as a discussion item in the next meeting just to go
through which boards it is, and we can look at --
Vice Chairman Sanchez: Well --
Commissioner Haskins: -- let's get an inventory of the boards, where we have the issues, and
that sort of thing? I'd really like to -- you know, I've gotten a lot of heat on this, certainly on the
Planning Advisory Board, and you know, the City ofMiami Beach allows electors or people who
have their primary business in Miami Beach to sit on their Planning Advisory and Zoning
Boards. Coral Gables requires electors, but there's a four fifths waiver. What I'd like to be able
to do, though, is let's have a discussion -- let's -- I'd like to have an understanding of what
boards we're talking about, just to make sure that we're not making a mistake in here, and bring
it in the next meeting --
Vice Chairman Sanchez: We -- can I --
Commissioner Haskins: -- list of all the boards.
Vice Chairman Sanchez: -- we're not voting for the change. We're voting it to being brought in
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front of the Commission so we could debate it.
Commissioner Haskins: OK.
Vice Chairman Sanchez: It's just the advisory boards.
Commissioner Haskins: That's it.
Vice Chairman Sanchez: Listen, there are a lot of people that are in the same situation as the
two individuals that I named that will --
Commissioner Haskins: OK.
Vice Chairman Sanchez: -- no longer be able to serve that have been on for years.
Commissioner Haskins: So we're not voting to make the four fifths --
Vice Chairman Sanchez: No.
Commissioner Haskins: -- waiver applicable to everything.
Vice Chairman Sanchez: This is just a --
Commissioner Haskins: It's just to bring it back to look at.
Vice Chairman Sanchez: Just to have the City Attorney draft an ordinance that would qualify
volunteers for our Community Relations Board --
Commissioner Haskins: OK.
Vice Chairman Sanchez: -- the Orange Bowl advisory committee, and Miami Sports &
Exhibition Authority. Now it was amended to say all the advisory boards, the advisory boards.
Chairman Gonzalez: Except Planning --
Vice Chairman Sanchez: Except Planning --
Commissioner Haskins: And Planning and Zoning.
Chairman Gonzalez: -- and Zoning.
Vice Chairman Sanchez: -- and Zoning
Mr. Hernandez: And Zoning.
Vice Chairman Sanchez: -- so it excludes Planning --
Commissioner Haskins: Perhaps --
Vice Chairman Sanchez: -- and Zoning.
Commissioner Haskins: -- HEP (Historic and Environmental Preservation) Board, but we'll --
we can do that in the debate. We'll --
Vice Chairman Sanchez: All right.
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Commissioner Haskins: -- come back with a listing of all the boards, and we could do
resolutions to ex-- we could --
Vice Chairman Sanchez: Or we --
Commissioner Haskins: -- amend it to exclude certain boards next time, right?
Vice Chairman Sanchez: Or Commissioner, through the beauty of democracy, we could vote it
down --
Commissioner Haskins: That's right. OK.
Vice Chairman Sanchez: -- but at least --
Commissioner Haskins: I'm OK. That's it.
Vice Chairman Sanchez: So you're going to vote `yes"?
Commissioner Haskins: Yes.
Vice Chairman Sanchez: All right.
Hs. Bru: And Commissioner, just for the record, I have already scheduled a meeting with the
City Clerk and staff from the Administration, and we're going to do a comprehensive review of
all the authority boards and committees, and prepare a matrix where you'll be able to see in one,
you know, handy spreadsheet all the boards, what the membership requirements are, and that
way, you can, you know, be informed about all the requirements and consider the issue of
waivers of the elector requirement at that point, so we're working on that. We're working on
getting all this information in a way that can be easily digested.
Vice Chairman Sanchez: All right, so the motion pass, and you'll be bringing an ordinance --
Hs. Bru: And an ordinance.
Vice Chairman Sanchez: -- that we -- this legislative body will entertain and either vote up or
down --
Hs. Bru: OK.
Vice Chairman Sanchez: -- as to amending the language of electors on the advisory boards.
Hs. Bru: OK.
Vice Chairman Sanchez: Just the advisory boards. Are we clear on that?
Hs. Bru: Yes. Excluding the --
Vice Chairman Sanchez: Planning and Zoning.
Hs. Bru: -- Planning Advisory and Zoning, and we'll bring that in November.
Hs. Burns: Excuse me.
Chairman Gonzalez: And once we have that in order, before bringing it to the floor --
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Ms. Burns: Excuse me. We took a vote --
Chairman Gonzalez: -- I respectfully -- yes.
Ms. Burns: We took a vote before. We would need to have a motion to reconsider and a new
vote.
Chairman Gonzalez: Yes.
Vice Chairman Sanchez: She changed her vote.
Commissioner Haskins: I didn't vote. I just said 'Pass." I wanted to -- you to come back to me.
I thought that's a 'Pass."
Ms. Burns: And right now I --
Commissioner Haskins: I didn't abstain. I said "pass."
Vice Chairman Sanchez: "Pass."
Ms. Burns: Correct, so now, instead you have a -- we have a vote of 4/1 in favor of the motion.
Commissioner Haskins: That's correct.
Ms. Burns: Is that correct?
Vice Chairman Sanchez: No. You have a --
Ms. Burns: We -- so still --
Vice Chairman Sanchez: -- she voted "no."
Ms. Burns: You're still voting "no?"
Commissioner Spence -Jones: Yeah.
Ms. Burns: OK --
Commissioner Haskins: 3/2.
Chairman Gonzalez: Still voting "no."
Ms. Burns: -- so we --
Vice Chairman Sanchez: So --
Ms. Burns: -- now have --
Vice Chairman Sanchez: 3/2.
Ms. Burns: -- for the record, again, Haskins, yes; Regalado, no; Spence -Jones, no; Sanchez,
yes, and Gonzalez, yes --
Commissioner Haskins: Right.
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Ms. Burns: -- is that correct?
Chairman Gonzalez: Yes, ma'am.
Vice Chairman Sanchez: Passes 3/2 --
Chairman Gonzalez: All right.
Vice Chairman Sanchez: -- Madam Clerk. OK.
Ms. Burns: OK. The motion is passed, 3/2.
Chairman Gonzalez: As --
NA.4 06-01858 DISCUSSION ITEM
DISCUSSION OF VOTING REQUIREMENTS FOR PLANNING ADVISORY
AND ZONING BOARDS
DISCUSSED
Direction by Chairman Gonzalez to the City Attorney to provide him with a briefing during the
week of October 16, 2006 on how the change in voting requirements for the Planning Advisory
Board and the Zoning Board impacts Section 62-63 of the City code.
Commissioner Regalado: Mr. Chairman, ifI may, just a question. It was brought -- and I
discussed this with City Attorney -- to my attention that the ordinance that was approved in the
last Commission meeting regarding the changing of the number of votes required to have a
favorable recommendation by the Planning and the Zoning Board, the ordinance, the small print
contains a phrase that would, in effect, affect other ordinance. By this, everything is repealed.
Could you tell us what is the domino effect of what was approved here in regards to all the votes
and --?
Maria J.Chiaro (Assistant City Attorney): We informed the City Commission, when the vote was
taken, to change the requirement for five votes on both the Zoning Board and the Planning
Advisory Board. We informed you at the time, I believe, that there was one other City Code
provision that required five votes that would not be impacted by this change, and that was the --
there was a Code provision that would still require, notwithstanding your changing the majority
vote, five votes to overturn the decision of the Zoning administrator. Any other Code provision
that required five votes -- and I think Commissioner Regalado, what you're referring to is there
is a Code provision in Section 62-63 related to the proceedings of the Planning Advisory Board -
Commissioner Regalado: Right.
Ms. Chiaro: -- for a Code amendment that; would be impacted. There would no longer be
required five votes to change the comp plan. It would be a majority of the Planning Advisory
Board vote to change or amend the Comprehensive Plan. I reviewed an e-mail (electronic mail)
from a citizen wherein there was an allegation that changes to the Comprehensive Plan required
a majority -- a super majority vote. There is no such provision in state law, so indeed, any other
votes of -- any other provisions of the City Code where there was a super majority required for
the -- by the Zoning Board or by the PAB (Planning Advisory Board) were impacted by your
change, which is what we believed you wanted to do --
Commissioner Regalado: It wasn't my change. I didn't vote for it.
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Ms. Chiaro: I'm sorry. I was referring to the --
Commissioner Regalado: Right. No. I'm just saying, I'm trying to understand the impact of the
law of unintended consequences here, because just in the future, if something happen --
Chiaro: But I under -- but the consequences were such that -- was my understanding, when
the -- when we drafted this change, that's what the City Commission desired to do.
Commissioner Haskins: Well, I think that we probably need to see what provisions were
impacted that were not -- you know, if there's a reference from that ordinance into other
ordinance, if we could just get a summary of what other impacts it might have had?
Ms. Chiaro: Yes, and I think it is -- from my research, after I was alerted to Commissioner
Regalado's concern, it's Section 62-63 of the City Code that was additionally impacted by the
change. You amended 62-61 and 62-63, and 62-62 was also impacted, but the language tracks
exactly what you did -- exactly what the City Commission did, not Commissioner Regalado.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: Can I ask -- and the reason, Mr. Chairman, we're bringing this up
as a pocket item? Because I mean, like right now? I mean, is this something that we have to do
today, Commissioner Regalado?
Commissioner Regalado: No. I'm just saying. I just want to understand on the record that the
consequences of this. I think, you know, for all the members of the City Commission to
understand that with a vote that it look logical, you're impacting other issues that, in the future,
you're going to say, well, we didn't know, but it was impacted, so --
Chairman Gonzalez: Could you --?
Commissioner Regalado: -- I just want you to understand that if you want to keep that, what the
majority of what the Commission did, we should at least revisit those areas impacted, just to
make sure that that's the will of the Commission, because the Commission voted for one thing,
but -- see, the Commission voted for one thing, which most felt it was the right thing and the
logic thing, but they didn't vote for the underlying Code that was eliminated by doing with the
phrase, and that was my point, so I don't -- you know, it's nothing I can do, short than to have a
motion to reconsider, but the motion to reconsider can be done in the next Commission meeting,
right?
Ms. Chiaro: No, sir.
Commissioner Regalado: No?
Commissioner Spence -Jones: Why? No? It can't be?
Ms. Chiaro: No, sir, it cannot.
Vice Chairman Sanchez: It cannot.
Ms. Chiaro: It needs to be at the subsequent meeting when the action was taken.
Commissioner Regalado: This is the subsequent meeting.
Vice Chairman Sanchez: No.
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Ms. Chiaro: This is it.
Commissioner Regalado: This is the subsequent meeting --
Ms. Chiaro: Yes, this is the subsequent meeting.
Commissioner Regalado: -- and that's what I'm saying.
Ms. Chiaro: If there is to be a motion to reconsider --
Commissioner Regalado: That's what I'm saying, that I was frying to get to a motion to
reconsider in order for you to have time to explain, in detail, what, if any, is the impact on other
provision of the Code by that action, so --
Chairman Gonzalez: But you know, I have a serious problem, because you -- I don't know what
you're talking about. I don't know what she's talking about. You know, between you two, you
have, you know, jumbo mumbo legal --
Commissioner Regalado: Code --
Chairman Gonzalez: -- whatever.
Commissioner Regalado: -- 6271.
Chairman Gonzalez: What I would like you to do is to meet --
Commissioner Regalado: Yeah, it looks like --
Chairman Gonzalez: -- with me --
Commissioner Regalado: -- Battlestar Galactica.
Chairman Gonzalez: -- next week.
Ms. Chiaro: I'm sorry. I can't --
Chairman Gonzalez: I would like you to meet with me next week and brief me on what's going
on, OK --
Ms. Chiaro: OK.
Chairman Gonzalez: -- because I like things to be clear, crystal clear, transparent, so I will
appreciate it if you meet with me and brief me on the Code 62, whatever, and all the codes that
are being affected, and all the --
Vice Chairman Sanchez: And a motion to be considered should be made by the prevailing side.
Chairman Gonzalez: Right.
Commissioner Regalado: The motion --
Vice Chairman Sanchez: No?
Commissioner Regalado: -- to reconsider could be made by anyone, but if we --
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Vice Chairman Sanchez: Can it?
Commissioner Regalado: -- don't make it today, that's it; we cannot make it.
Commissioner Haskins: Or we can make it.
Vice Chairman Sanchez: Isn't it the prevailing side that can make a motion? No? Anybody can
make it?
Ms. Chiaro: We have to hear it from Mason's.
Chairman Gonzalez: All right.
NA.5 06-01850 DISCUSSION ITEM
BRIEF DISCUSSION REGARDING THE STATUS OF NEGOTIATIONS
BETWEEN THE UNIONS AND THE CITY MANAGER.
DISCUSSED
Direction by Commissioner Haskins to the City Manager to provide the Commission with an
update on the status of the union negotiations.
Commissioner Haskins: I have -- can I ask -- I wanted to -- there were a couple of things that I
wanted to mention. I'd really like to have an idea of where we stand on union negotiations, and I
had raised the issue in the last Commission meeting about potentially having a shade meeting. I
don't know if the other Commissioners would like to have a meeting with the City Attorney and
the City Manager and our actuary, butt would really like to get an update on where we stand on
the union negotiations.
Commissioner Regalado: I second you on that completely, like tomorrow.
Commissioner Spence -Jones: I third you on that.
Vice Chairman Sanchez: I don't think we need a motion for that.
Pedro G. Hernandez (City Manager): All right.
Commissioner Haskins: OK.
Mr. Hernandez: All right. We have -- just this for an update. We have been frying to coordinate,
you know, the dates of all of you and ourselves to make it happen --
Commissioner Haskins: OK.
Mr. Hernandez: -- as soon as possible.
Commissioner Haskins: That would be great.
Commissioner Regalado: I'm available.
Commissioner Haskins: I can --
Commissioner Regalado: I'm available.
Commissioner Haskins: -- 24/7, midnight. I mean, I -- it doesn't matter.
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Commissioner Regalado: Next Saturday --
Chairman Gonzalez: Can we --
Commissioner Regalado: -- Sunday.
NA.6 06-01851 DISCUSSION ITEM
DISCUSSION CONCERNING DISCONNECTION OF ALL LIGHTS,
INCLUDING STREETLIGHTS, IN COCONUT GROVE.
DISCUSSED
Commissioner Haskins: And then there was another thing that wanted to bring up, which is --
Pete, you know, it was very disappointing to me, and I don't know if you are aware of this, but
the Business Improvement Committee in Coconut Grove has been working with the City the last
few years to put Christmas lights and have holiday lights in the trees. That's been funded by the
BIC (Business Improvement Committee), but actually, the work done by the City or in
conjunction with the City, and Commissioners, ifyou can believe, two weeks ago, all the lights,
including all the streetlights in Coconut Grove, were turned off.
Commissioner Regalado: Wow.
Commissioner Haskins: Coconut Grove Business District, as a result of this -- the head of -- the
Deputy City Man -- not Deputy City Manager, chief of Capital Improvements, or whatever all of
that stuff is, asking for some reason, all of a sudden, for someone -- an electrical inspector to go
out on work that was done under the auspices of the City, OK, done by the City, paid for by the
BIC, and the lights have been offfor two weeks. Now, there is a dangerous condition. This work
was done by the City, so I guess it's another mistake we make, OK, but at the very least, whatl
would have expected is to have notice given to my office before something like that happened; I
would have expected that notice would be given to the business owners before the lights went off.
When I asked about it, I was told that notice was given. Well, notice was given almost a week
later, so I would just like to make sure that when those sorts of things are done -- I don't think
that any of our Commissioners would be very happy to find out that a major business district of
theirs had all of its lights, including streetlights, turned off when the cause of it was an unsafe
condition caused by this -- by work done by the City in the first place, and then not get any notice
on it, so want to bring it up. I'd really like to make sure that, from now on, we get notice.
Commissioner Spence -Jones: (INAUDIBLE).
Chairman Gonzalez: All right.
Commissioner Spence -Jones: I'm sorry, Commissioner. Are we -- I just want to --
Pedro G. Hernandez (City Manager): IfI may respond, just the fact that -- we'll have lights.
Commissioner Haskins: We'll have lights, butt just want to make sure it doesn't happen again --
Commissioner Spence -Jones: That they're noticed.
Commissioner Haskins: -- and that there is notice and there is notice to business owners, and
when that sort of decision is made, that that wouldn't have gone through the City Manager's
office is astounding to me. That is a --
Mr. Hernandez: Commissioner --
Commissioner Haskins: -- significant impact on a lot of business owners; one of the primary
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NA.7 06-01852
business districts of this city. During a Columbus Day weekend, Columbus Day Regatta, the
lights were off.
Mr. Hernandez: I'll further check into it. My understanding, I wasn't aware really that that was
worked on by the City. I thought that they -- there were many, let's say, connections that were
jerry rigged --
Commissioner Haskins: Yes.
Mr. Hernandez: -- and were not probably safe.
Commissioner Haskins: It was with Dave -- it was done with someone from the Public Works
Department, in conjunction with the BIC, for over a period of two or three years.
Chairman Gonzalez: Never a dull moment.
Commissioner Spence -Jones: OK. You're going to take care of it, Mr. Manager?
Mr. Hernandez: Yes --
Commissioner Spence -Jones: Yeah.
Mr. Hernandez: --I will.
Commissioner Spence -Jones: OK, because we have -- all have a very important engagement.
Commissioner Haskins: Yeah.
DISCUSSION ITEM
BRIEF DISCUSSION REGARDING THE CREATION OF A HERITAGE
COMMITTEE.
DISCUSSED
Direction by Commissioner Spence Jones to the City Manager to direct the Special Events
Department to create a heritage committee.
Commissioner Spence -Jones: Mine are just things that I just want to bring to the City Manager's
attention. We do have the Super Bowl that's less than six months -- I believe five months away
from now, and orig -- probably four or five months ago, we put together a Super Bowl Heritage
Committee, which has not met yet, so I'd like to ask that you direct the Special Events
Department, perhaps, to work on putting together a heritage committee. I know that you've
already talked to the Super Bowl Committee and they have agreed to support it by doing --
Pedro G. Hernandez (City Manager): Yes, I have.
Commissioner Spence -Jones: -- two pilot projects, correct?
Mr. Hernandez: Yes.
Commissioner Spence -Jones: One in Little Havana.
Mr. Hernandez: And one at the Lyric.
Commissioner Spence -Jones: OK. Do you know that already? OK. Is there any way that you
can assign, almost immediately, somebody from that department to get representatives from --
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what is your Friday night event called?
Vice Chairman Sanchez: Culture [sic] Fridays.
Commissioner Spence -Jones: -- Cultural Fridays, and perhaps, somebody from the Lyric and
other community folks to begin putting that together?
Mr. Hernandez: Yes, I will.
Commissioner Spence -Jones: All right. That was one.
NA.8 06-01853 DISCUSSION ITEM
BRIEF DISCUSSION REGARDING FUNDING FROM BAYFRONT PARK
TRUST FOR PARKS PROGRAMS.
DISCUSSED
Commissioner Spence -Jones: And then in the -- during the budget, real fast, you mentioned
something about the funds for the park -- to Bayfront Park, that each one of us would get
$100, 000. Did that get approved?
Vice Chairman Sanchez: I'm taking it to the Bayfront Park Trust, and hopefully, they will
approve it.
Commissioner Spence -Jones: So each one of us will have $100, 000 to do park --
Vice Chairman Sanchez: Park programs --
Commissioner Spence -Jones: OK.
Vice Chairman Sanchez: -- for children.
Commissioner Spence -Jones: OK, or --
Vice Chairman Sanchez: No maintenance --
Commissioner Spence -Jones: -- young adults --
Vice Chairman Sanchez: Or young adults. For parks --
Commissioner Spence -Jones: -- or seniors.
Vice Chairman Sanchez: Yeah, park --
Commissioner Spence -Jones: OK.
Vice Chairman Sanchez: -- projects --
Commissioner Spence -Jones: OK. I just want to make sure, but --
Vice Chairman Sanchez: -- programs.
Commissioner Spence -Jones: -- it has not been -- it has not happened yet?
Vice Chairman Sanchez: No, not yet.
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NA.9 06-01854 DISCUSSION ITEM
BRIEF DISCUSSION REGARDING PLANNER TO BE ASSIGNED TO
ASSIST WITH VIRGINIA KEY BEACH MASTER PLAN.
DISCUSSED
Direction by Commissioner Spence Jones to the City Manager to provide an update on the
planner assigned to work with the Virginia Key Beach Master Plan at the next Commission
meeting, currently scheduled for November 9, 2006.
Commissioner Spence -Jones: OK, and then I just want to make sure that you come back -- when
we come back for the next Commission meeting, if you can bring an update on the planner being
assigned to work with the Virginia Key Beach Master Plan.
Pedro G. Hernandez (City Manager): As to who? Sure.
Commissioner Spence -Jones: Bring -- at the next Commission meeting, --
Pedro G. Hernandez Yes.
Commissioner Spence -Jones: -- can you bring me an update on the planner that is being
assigned to work on the Virginia Key Beach Master Plan?
Mr. Hernandez: Understood.
NA.10 06-01848 RESOLUTION
City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY, INCLUDING
BUT NOT LIMITED TO BRINGING SUIT AGAINST THE FEDERAL
GOVERNMENT TO SEEK CONTRIBUTION AND/OR INDEMNIFICATION
FOR NEGLIGENTLY MONITORING A POLICE PROMOTIONAL
EXAMINATION.
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-06-0625
Commissioner Spence -Jones: Mr. Chairman, I just want to be clear. On this item, are we
deferring this thing that -- the thing issue -- the thing. I'm sorry. Been a long day, a short day.
Are we deferring the item, the City Attorney pocket item?
Julie O. Bru (Assistant City Attorney): No, no.
Commissioner Spence -Jones: Are we not addressing this?
Ms. Bru: We haven't brought it up yet.
Chairman Gonzalez: We haven't brought it up yet. I'm waiting for the entire --
Commissioner Spence -Jones: OK. What else is -- what else do we need --?
Chairman Gonzalez: -- a connotation to come down so everybody is quiet, and then ask if we
have any pocket items so we can proceed. Is there any pocket items?
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Meeting Minutes October 12, 2006
Ms. Bru: I have one.
Commissioner Spence -Jones: I just have a -- I have --
Chairman Gonzalez: Go ahead --
Commissioner Spence -Jones: -- is this --
Chairman Gonzalez: -- with your pocket item.
Commissioner Spence -Jones: -- the pocket item that we're talking about? I do have a couple of
pocket items before we leave.
Chairman Gonzalez: OK.
Commissioner Spence -Jones: OK, but do you want to deal with the City Attorney thing first?
Chairman Gonzalez: Well take yours.
[Later..]
Commissioner Spence -Jones: I don't know. Anybody else have any pocket items?
Chairman Gonzalez: Any other pocket items from the Commission? None.
Commissioner Spence -Jones: OK.
Chairman Gonzalez: Madam City Attorney.
Julie O. Bru (Assistant City Attorney): Yes, Chairman. Thank you. This is a request by the City
Attorney for authorization to file a lawsuit against the federal government. We're currently
litigating with about 18 African American police officers who have sued the City as a result of
allegations made with respect to the promotional exam that was given for lieutenants, and the
federal government has, for some time now, been monitoring those exams pursuant to a consent
decree, and then order that superseded the consent decree. We feel that if there's any liability on
the part of the City, the federal government should also either indemnify us or be held to
contribute to the damages.
Chairman Gonzalez: All right.
The Resolution was read by title into the public record by Deputy City Attorney Julie O. Bru.
Vice Chairman Sanchez: Oh.
Commissioner Regalado: I move it.
Chairman Gonzalez: Move it.
Vice Chairman Sanchez: Second.
Commissioner Regalado: I move it.
Vice Chairman Sanchez: Second.
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City Commission
Meeting Minutes October 12, 2006
Chairman Gonzalez: We have a motion and we have a second. All in favor --
Commissioner Regalado: And just one question. This is done in-house, right?
Ms. Bru: Yes.
Commissioner Regalado: OK.
Chairman Gonzalez: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Vice Chairman Sanchez: Move to adjourn.
Chairman Gonzalez: Move to adjourn.
Vice Chairman Sanchez: Always in order.
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