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HomeMy WebLinkAboutCC 2006-11-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minu tes Thursday, November 9, 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 Meetinq Minutes November 9, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 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 9th day of November 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 9:33 a.m., recessed at 12:23 p.m., reconvened at 2:22 p.m., recessed at 4:59 p.m. to convene the SEOPW & Omni Community Redevelopment Agency meeting, reconvened at 5:14 p.m. and adjourned at 7:25 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) 2006 meeting of the City ofMiami Commission in this historic chambers. The member 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, and Jorge L. Fernandez, the City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be opened with a prayer by Vice Chairman Sanchez and a pledge of allegiance by Commissioner Regalado. Please rise for the invocation. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PRA 06-02037 CEREMONIAL ITEM Latino Art Beat Kandy Lopez Jack Guevara Kenya Smith Juan Jose Quiceno Gary Moore Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Commissioner Spence -Jones Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Appreciation Commissioner Regalado presented Certificates ofMerit to members of the Bryan Park Miami Dream Tennis Team, namely, Luke Mojica, Jake Annear, Rolando Martinez, Federico Cybel, Liset Brito, Gabriela Palacios, Agustina Cybel, and Coach Noel Cubela on receiving the Tennis Association National Championship. Mayor Diaz presented Certificates ofMerit to the national and regional winners of the Latino Art Beat, namely, Kandy Lopez (National), Jack Guevara (Regional), Kenya Smith (Regional - accepted by Tom Pike), Jenny Lopez (Regional), and Juan Jose Quiceno (Regional); also recognizing first place regional winners from Los Angeles, California, and Houston, Texas, namely, John Rosario (Los Angeles, California), Jose Ochoa (Houston, Texas), and Jhovanni Linares (Houston, Texas). Commissioner Spence -Jones recognized Frank Rudman, owner of Sportailor, as the Distinguished Citizen of the City ofMiami for his significant accomplishments as a City ofMiami Page 3 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 MAYORAL VETOES manufacturer and as an outstanding member of the South Florida community. Note for the Record: Presentations for Justo L. Alfonso and Gary Moore were not presented. Chairman Gonzalez: You may be seated. Thank you. OK, now we're going to go with the proclamation and presentations. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: What I would like -- well, let's the record -- let the record reflect that we don't have any vetoes from the Mayor's office. Is that correct, Madam City Clerk? Priscilla A. Thompson (City Clerk): That is correct. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right, so we're ready to take the consent agenda. Jorge L. Fernandez (City Attorney): Correct. Priscilla A. Thompson (City Clerk): Can I please get you to pass -- adopt my minutes? Chairman Gonzalez: Pardon me? Ms. Thompson: Can I please get you to adopt the minutes? Chairman Gonzalez: OK. Ms. Thompson: Thank you. Vice Chairman Sanchez: So move the minutes. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion on the -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- minutes, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Those were the regular meeting minutes of October 12, 2006 ORDER OF THE DAY City ofMiami Page 4 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: All right. We will now begin the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. Please pay attention. 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 online at wwwmiamigov. com [sic]. 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, nor other audible sound or ringing devices are permitted in Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks, or who becomes unruly while addressing the Commission, shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons 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 by the Commission. 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 and she will make provisions. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item considered at 1Op. in. 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 PK 7 through PK 12; that's public hearings 7 through 12, which will begin after 10:30 a.m., and PZ. 3, which will be heard at 10 a.m. Excuse me. The following items have been pulled. Mr. Chairman, Commissioners, please take note, Madam Clerk. Personal appearance items I and 2 are pulled. The Mayor's blue page item, M.1, is pulled. Commissioner Sanchez D3.1 is pulled. Commissioner Regalado D4.1 and D4.2 are pulled. PZ.4 is continued to January 26. Chairman Gonzalez: PZ. 4? Mr. Fernandez: PZ.4 is continued to January 26. PZ. 18 has been withdrawn by the applicant. Also -- Commissioner Regalado: PZ (Planning & Zoning) what? Mr. Fernandez: I'm sorry? Commissioner Regalado: PZ? Mr. Fernandez: PZ. 18 was withdrawn by the applicant, so that item will not be heard. PZ.4 has been continued to the January 26 meeting. Also, you should note, Madam Clerk and Commissioners, that BC, or boards and committees, appointments 8, as well as discussion item number 2, are continued to the January 12 meeting, so let me quickly review this again for the Clerk and for the audience and for you. City ofMiami Page 5 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: Correction. Mr. Fernandez: Yes. Commissioner Regalado: D4.1 stays for a brief discussion. Mr. Fernandez: OK. I apologize. I was misinformed on that. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. City Attorney, I also would like to pull D5.1, bus shelters, if you can pull that. We're not going to discuss that. Mr. Fernandez: All right, so let me then repeat, for the record, those items that are not going to be considered in today's agenda. The following items are being pulled from the agenda today. Those are personal appearances I and 2, Mayor's blue page, M.1, Commissioner Sanchez D3.1, Commissioner Regalado D4.2, and Commissioner Spence -Jones D5.1. Chairman Gonzalez: D5.1 ? Mr. Fernandez: D5 -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- I is being pulled. Then you should also note that, in your P&Z agenda, PZ.4 is being continued to January 26. PZ. 18 has been withdrawn by the applicant, and furthermore, going back to your regular agenda, when it comes to BC, that is, boards and committees appointments, number 8 is being continued to January 12, and discussion item number 2, at the very end of your agenda, is also, likewise, being continued to January 12. Chairman Gonzalez: Very well. Thank you very much, Mr. City Attorney. We will -- Mr. Fernandez: Madam Clerk is trying to notify me of something. Priscilla A. Thompson (City Clerk): No. We're just confirming that the January meeting for 2007 is actually Thursday, January 11 -- Mr. Fernandez: I stand corrected. January IL Ms. Thompson: -- and also, the Planning & Zoning meeting will be Thursday, January 25. Mr. Fernandez: All right, so I apologize to the Commission, but those were the dates that were otherwise given to me earlier, and that's -- that is my remarks, Commissioner. You may continue with the agenda. Chairman Gonzalez: Thank you, Mr. City Attorney. I'm going to ask all of you to please bear with me this morning because, due to different circumstances, I'm going to have to be going back and forth through the agenda. "[Later...]" Chairman Gonzalez: All right. Now I'm going to go to the Planning & Zoning agenda because we have -- City ofMiami Page 6 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: Wait. Could you get the D -- Chairman Gonzalez: -- some residents here. Yes? Vice Chairman Sanchez: Mr. Chairman, with all due respect, could we just take FR.1 and FR. 2? It's the DDA (Downtown Development Authority). We have the executive director and his staff here. This should -- Chairman Gonzalez: Well, the problem is that schedule -- see, this is the problem. When we start going into these big discussions -- Vice Chairman Sanchez: Yeah, it's fine. It's fine. Chairman Gonzalez: -- that -- Vice Chairman Sanchez: I withdraw my request, Mr. Chair. Chairman Gonzalez: You know, the problem is we have people here that we gave them a time certain at 10 o'clock in the morning. All right. Let's take FR.1 and FR. 2, and then we're going to go to the Planning & Zoning agenda. Commissioner Spence -Jones: Mr. Chairman, did we do PH. 5? Are we coming back to those later? Chairman Gonzalez: If we took what, 5? Commissioner Spence -Jones: Yeah, PH. 5. Mr. Fernandez: No. We haven't done PH 5 yet. Commissioner Spence -Jones: Hmm? Unidentified Speaker: PH (Public Hearing). Vice Chairman Sanchez: PH. 5? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: PH 5, no, no -- Commissioner Spence -Jones: Are we --? Chairman Gonzalez: -- no, no. That I'm going to take in the afternoon. Commissioner Spence -Jones: It's coming in the afternoon. Chairman Gonzalez: That's going to go in the afternoon. City ofMiami Page 7 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 CONSENT AGENDA CA.1 06-01788 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED AUGUST 28, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-035A, RECEIVED FROM VARIOUS VENDORS, FOR EMERGENCY VEHICLE EQUIPMENT -CITYWIDE, FOR AN INITIAL CONTRACTUAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, ON AN AS- NEEDED BASIS, UNDER THE SAME BID PRICES, TERMS AND CONDITIONS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0642 CA.2 06-01873 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF EASEMENT IN ORIGINAL AGREEMENT AND GRANT OF NEW EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN TRG-OMP, LTD., A FLORIDA LIMITED PARTNERSHIP ("ONE MIAMI"), AND THE CITY OF MIAMI ("CITY'), PROVIDING FOR THE RELEASE OF CERTAIN EASEMENTS, CONTAINED WITHIN A CERTAIN AGREEMENT BETWEEN MIAMI CENTER JOINT VENTURE, A FLORIDA JOINT VENTURE (AS PREDECESSOR -IN - INTEREST TO ONE MIAMI) AND THE CITY, DATED SEPTEMBER 30, 1988, AND RECORDED OCTOBER 23, 1990, IN OFFICIAL RECORD BOOK 14754, PAGE 261, WHICH INSTRUMENT CONTAINS EASEMENTS BETWEEN MIAMI CITY JOINT VENTURE AND THE CITY DATED JANUARY 21, 1983, AND MODIFYING THE EXISTING EASEMENT AREA TO INCLUDE THE ENTIRE RIVERWALK TO SATISFY THE REQUIREMENTS AS SET FORTH IN PARAGRAPH 5 OF THE AGREEMENT BETWEEN THE CITY AND ONE MIAMI FOR CONSTRUCTION AND MAINTENANCE OF A RIVERWALK, DATED JULY 23, 2003, ALSO GRANTING THE CITY A PERPETUAL NON-EXCLUSIVE EASEMENT, AS LEGALLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, FOR USE AS A RIVERWALK FOR PUBLIC PURPOSES, WHICH WILL REMAIN PERPETUALLY ACCESSIBLE TO THE GENERAL PUBLIC, CONVEYING FULL INGRESS AND EGRESS TO THE RIVERWALK. 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-06-0646 City ofMiami Page 8 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: CA. 2, Commissioner Jones [sic]. Commissioner Spence -Jones: I just wanted to ask from a -- OK, Lori. The release of the easement, I do understand that this -- a lot of this is attached to One Miami. Does this include the entire river walk? Laura Billberry (Director, Public Facilities): Yes. What they are giving us now is a replacement easement for the new easement -- Commissioner Spence -Jones: OK. Ms. Billberry: -- that they had agreed to do. Commissioner Spence -Jones: OK, but does this include -- does this take us -- is this the whole river? Ms. Billberry: On --well, in front of the One Miami project. Commissioner Spence -Jones: Oh, only One Miami, so -- Ms. Billberry: Only One Miami. Commissioner Spence -Jones: -- whatever design standards that are -- I just want to make sure because City Attorney, in briefing me on this, mentioned that this would kind of be the design standards of what would happen on the river walk -- on the riverside. Jorge L. Fernandez (City Attorney): Well, whatl meant to say is that the bar has been established. By the work that has been done there -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- everyone else who would be required to develop their portion along their development and along -- Commissioner Spence -Jones: That's including -- Mr. Fernandez: -- the riverbank -- Commissioner Spence -Jones: -- whatever's created. Mr. Fernandez: -- would need to look at this, and I don't know, specifically, if all the exact requirements that were placed on this development would be placed on everyone else, but my comments to you was that they had done such a beautiful job -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: -- and it's such a Miami signature type of work -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: -- that, perhaps, that should serve as the standard, so I was expressing -- Commissioner Spence -Jones: Right. City ofMiami Page 9 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Fernandez: -- to you my sentiments more so than perhaps technical requirements of the City. Commissioner Spence -Jones: OK, and I'm fine with definitely the river, you know, being expanded and looking great and all that, but I just wanted to make sure that the businesses, like Garcia's and Joe's, which is on my side of the river, and I don't know how Commissioner Sanchez feels -- he's on the opposite side of the river. I just wanted to make sure, you know, if they had intentions of doing some sort of expansion of their businesses, would they be required now to meet these standards? Ms. Billberry: I would really have to defer to Planning and/or Building or Zoning on that issue so I can try and get that answer for you, but I -- Commissioner Spence -Jones: If you can just let me know what -- Ms. Billberry: OK. Commissioner Spence -Jones: -- I mean, I support the item. I just want to make sure that the businesses that have been there for 20, 30 years are not going to be stuck with now trying to meet the standards of One Miami -- Ms. Billberry: Right. Commissioner Spence -Jones: -- so that's -- if we can at least make sure the businesses are notified, that would be appreciated on my end. Ms. Billberry: OK. Commissioner Haskins: Can I ask a question? Lori, this grants -- this easement is going to grant the City ofMiami a permanent easement to ensure that the bay and river walk at One Miami will always be open to the public; is that correct? Ms. Billberry: Yes. There is a provision in the document, though, that subject to -- and let me - - you know, I'll pull that for you -- about if there's security issues, that they can work with the Police Department on dealing with those security issues, but generally speaking, it will be open. Commissioner Haskins: You know, this is something that's very near and dear to my heart. There -- we have -- and as the City, gone down the path of really requiring bay walks and river walks along all of our waterfront, which is very important, and when there is the ability to do it, it's very important, and I really want to make sure that any agreement that we have is airtight so that it cannot be closed. Commissioner Spence -Jones: Yeah. Commissioner Haskins: It cannot be closed because a large -- one of the main reasons some of these projects were approved is that they were providing a river walk with -- or a bay walk with access to the public, and that access to the public must be ensured, so if there's a loophole in this, I can't support the item. Ms. Billberry: OK. I would ask then if --I'm not sure if you mean a --for purposes of theft, they had language in here that the -- working with the Police Department, they could work on regulating hours in order to ensure -- protect the One Miami property. I'm not sure if you want to place a limitation on that in order to make this go forward. I know there have been concerns City ofMiami Page 10 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 about theft in securing property during like 2 o'clock in the morning, if that is something that you would be comfortable with or -- Commissioner Haskins: I'd like it to be brought back with specific hours, and those hours need to be very narrow. Ms. Billberry: OK Adrienne Pardo: I'm sorry. Commissioner, my name's Adrienne Pardo, on behalf of the One Miami, law offices at 1221 Brickell Avenue. Were you just saying that this item was being continued because I --? Commissioner Haskins: Well, I mean, if you're willing to put on the record a change now that would be -- that you could not close it without the prior approval of the City Commission, ever, if you're read -- without the prior approval of the City Commission -- I want a permanent easement that will always keep this open to the public because I understand that there are secure -- I can understand there can be security concerns, but these projects were approved on the basis of providing water access to the public. Now they're built; the bay walks are there, and my concern is, because of loopholes, all of a sudden, security reasons are going to cause these things to be closed. Well, when these units were built, the security is on the building, not on the City ofMiami, to make sure that it stays safe, so if we have these concerns, then as part of the condominium associations and all that, we need to make sure that they're addressed, but we are asking for and we have always asked for unimpeded access to the public. Ms. Pardo: Yes, and that's the way it's written, and that it's 24 hours, and it does include in the resolution currently that, unless there was a civil riot, you'd have to have the advice and prior consent of the chief of police, as well as the prior consent of the City Commission and the City ofMiami, so that's already in it on page 3. Commissioner Haskins: OK. Ms. Pardo: That's currently here. I'm sorry, Lori. On the second page? Ms. Billberry: Correct. Commissioner Haskins: OK. Ms. Billberry: It does say both the chief of police or his designee and the prior consent of the Commission. Ms. Pardo: Right, so that's already taken care of -- Commissioner Haskins: I would like to make sure -- Ms. Pardo: -- in the agreement. Commissioner Haskins: -- that the language in the easement has some sort of whereas, as well, that the part of the agreement for these projects being built was that there would be unimpeded access to the public on the river and bay walk, OK? Ms. Pardo: And that con -- Commissioner Haskins: You OK with that? City ofMiami Page 11 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Ms. Pardo: Yes. That's in -- Commissioner Haskins: It's in there? Ms. Pardo: -- the agreement. Commissioner Haskins: OK. All right, fine. I just want to make sure that future -- Chairman Gonzalez: All right. Commissioner Haskins: -- Commissioners don't change it. Ms. Pardo: And here -- oops. Chairman Gonzalez: Are we ready to have a motion on the item here? Commissioner Spence -Jones: So move. Ms. Pardo: -- are some photos, if you want them. 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. Hs. Pardo: Thank you. Chairman Gonzalez: All right. Let's take the blue pages. All right. D3.1 has been pulled. D4.1, Commissioner Regalado. "[Later...]" Chairman Gonzalez: I understand we have a problem with CA. 2. Priscilla A. Thompson (City Clerk): I just need clarification to confirm for record keeping purposes. CA.2 was that adopted as modified, because I don't have it as being adopted -- Hr. Fernandez: Yes. Yes, it is. Hs. Thompson: Thank you. Hr. Fernandez: Adopted as modified. Hs. Thompson: Thank you. Hr. Fernandez: Yes. Chairman Gonzalez: All right. What was your motion, Commissioner Regalado? Commissioner Regalado: Happy Thanksgiving. City ofMiami Page 12 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: Same to you. All right. Commissioner Spence -Jones: Are we done? Chairman Gonzalez: We need a motion to adjourn. Commissioner Spence -Jones: So move. Commissioner Haskins: Motion. Vice Chairman Sanchez: It's -- Chairman Gonzalez: We have a motion and we have second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Happy Thanksgiving. CA.3 06-01874 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 TWO CITY OF MIAMI OWNED PARCELS OF tation LAND, AS DESCRIBED IN "EXHIBIT A" AND "EXHIBIT B," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0643 CA.4 06-01875 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND Recreation ENTITLED: "OUT-OF-SCHOOL TIME SNACK PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT NOT TO EXCEED $243,360, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM, ADMINISTERING UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CFDA NO. 10.558), FOR THE PROVISION OF FOOD TO THE PARTICIPANTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2006-2007, OUT-OF-SCHOOL TIME SNACK PROGRAM LOCATED IN VARIOUS CITY PARKS, FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTATION IN ORDER City ofMiami Page 13 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0644 CA.5 06-01876 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 12500.191602.896000.0000.00000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0645 Adopted the Consent Agenda Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: We're taking the consent agenda, CA.1 through CA. 5. Is there a motion or any items to be pulled for discussion? Commissioner Spence -Jones: I just have one quick question on CA. 2, Mr. Chairman. Chairman Gonzalez: On CA. 2, all right. Can we have a motion on the -- Commissioner Haskins: So move. Chairman Gonzalez: -- balance of the --? Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 14 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 PERSONAL APPEARANCES PA.1 06-01419 DISCUSSION ITEM N. JASMINE YACINTHE, PH.D DIRECTOR, TRANSPORTATION AND PLANNING SERVICES GANNET FLEMING INC. TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION. WITHDRAWN PA.2 06-02020 DISCUSSION ITEM MR. RODNEY BARRETO CHAIRMAN OF THE SUPER BOWL XLI COMMITTEE TO ADDRESS THE COMMISSION REGARDING THE CITY OF MIAMI'S SUPPORT OF SUPER BOWL XLI. Nyl 111 m10:TTATA ki City ofMiami Page 15 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-01779 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM MIAMI DADE COUNTY PUBLIC SCHOOLS ON THE STATUS OF THE CITY OF MIAMI SCHOOLS AND CITY OF MIAMI EDUCATION COMPACT. WITHDRAWN City ofMiami Page 16 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 06-02004 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROVISION OF IN-KIND SERVICES FROM THE DEPARTMENTS OF FIRE -RESCUE, SOLID WASTE AND PUBLIC FACILITIES, IN CONNECTION WITH THE VENEZUELAN PRESIDENTIAL ELECTION TO BE HELD DECEMBER 3, 2006, AT THE ORANGE BOWL STADIUM; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY OF MIAMI IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Motion by Chairman Gonzalez, seconded by Commissioner Regalado, 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-06-0653 Chairman Gonzalez: All right. Dl. 1, anyone here? All right. Its a resolution of the City of Miami Commission authorizing the provision of in-kind services -- OK, please, go ahead. Vice Chairman Sanchez: What item is that? Laura Billberry (Director, Public Facilities): Dl. 1. This is the item -- back on October 12, the Commission approved a waiver of the basic use fee for use of the Orange Bowl in connection with the 2006 Venezuelan presidential election, as long -- along with a waiver of the police in-kind services. This resolution will provide the balance of the City services, that is public facilities, event personnel, fire services, and solid waste. Chairman Gonzalez: All right. I'll move the item. Commissioner Regalado: Second. Chairman Gonzalez: Vice Chairman, I move -- Vice Chairman Sanchez: Oh. Chairman Gonzalez: -- the item; got a second. Vice Chairman Sanchez: There's a motion and a second. Any discussion on the item? It's a resolution? Ms. Billberry: Yes. Vice Chairman Sanchez: All in favor, say "aye. " The Commission (Collectively): Aye. City ofMiami Page 17 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries -- Chairman Gonzalez: OK. Vice Chairman Sanchez: -- 4/1 -- 4/0. City ofMiami Page 18 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DISTRICT 2 COMMISSIONER LINDA M. HASKINS DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-02023 DISCUSSION ITEM DR. BERTA RIOS AND LILLIAM MACHADO FROM THE AMERICAN CANCER SOCIETY TO ADDRESS THE COMMISSION REGARDING 2007 RELAY FOR LIFE IN THE CITY. WITHDRAWN City ofMiami Page 19 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-02002 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE PILOT PROGRAM TO PROVIDE LOW-INCOME INDIVIDUALS WITH ASSISTANCE FOR ELECTRICITY SERVICE BILLS. DISCUSSED Commissioner Regalado: This item is D4.1. It's -- it was on the agenda before, and we had had meetings with the Manager and with the NET (Neighborhood Enhancement Team) director, and we are about to come up with a plan to help people in need. You remember last meeting that we had several persons with issues with their electric bill, and we had a fund of $5, 000 to help these residents. As we stand now, we're about ready to create our own program because the problem was that if we incorporate this to the County, it would be first-come, first base on a countywide basis, and it would probably left out the residents of the City ofMiami. We do have some critical cases, and David Rosemond is working with FPL (Florida Power & Light) to see ij we can just at least defer those payments until we come up -- but l just wanted to ask the Manager how are we doing on this one, and if we can have a resolution. I think even before the -- or David, even before the next Commission meeting in December. David, would you tell us what are the --? Pedro G. Hernandez (City Manager): Commissioner, we should be able to do so, and David will provide additional detail. David Rosemond: Good morning. David Rosemond, NET Administration. That is correct, Commissioner. We are working very diligently, following your leadership, in seeing how we can provide assistance to those individuals who need it for FPL support. As you know, no good deed is -- these kinds of deeds are very, very difficult to establish, and we want to make sure that we do it in such a way that the expectations of our residents are met on an ongoing basis. Commissioner Regalado: Yeah. The critical cases that we have -- people actually in the area of the Chairman, we have three or four cases that are really critical, and what we're trying to do is just to get a deferral from FPL until we get this thing going. Mr. Rosemond: Right. FPL tells me that deferrals are -- is a difficult thing for them to take, but they will create a -- they will look into a payment plan that would allow for these individuals to pay as your funds become available. Commissioner Regalado: OK. We will have the -- which, by the way, I will pass on to the members of the Commission the list of the critical cases that are, you know, on the greatest need, so thank you very much, David. Mr. Rosemond: Thank you. D4.2 06-02019 DISCUSSION ITEM DISCUSSION ABOUT CLARIFYING THE USE OF CITY FACILITIES FOR NEIGHBORHOOD ASSOCIATIONS REGARDING CANDIDATE PRESENTATION. Nyl 111 a.] ATA ki City ofMiami Page 20 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-02032 DISCUSSION ITEM DISCUSSIONS REGARDING THE BUS SHELTERS IN THE CITY AND ADA COMPLIANCE ISSUES. WITHDRAWN D5.2 06-02036 DISCUSSION ITEM DISCUSSION REGARDING A RESOLUTION AUTHORIZING FUNDS IN THE AMOUNT OF $1,000,000, FROM THE AFFORDABLE HOUSING TRUST FUND TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION ("TEDC"), A NONPROFIT CORPORATION, FOR THE REFINANCING OF EDISON TOWERS, IN ORDER TO PRESERVE ONE OF THE LARGEST PRIVATELY OWNED MULTI -FAMILY HOUSING STOCK FOR LOW INCOME AND SECTION 8 INDIVIDUALS IN THE CITY OF MIAMI, WHICH IN TURN WILL RESULT IN TEDC BEING ABLE TO SECURE ADDITIONAL FUNDS FOR COMPLETING THE REHABBING OF THE STRUCTURE. MOTION Direction by Chairman Gonzalez to the City Manager to find the necessary funding for the Tacolcy Economic Development Corporation for the refinancing of Edison Towers. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez voting no, to approve, with conditions, the Housing and Commercial Loan Committee's approval of $1.1 million to Tacolcy Economic Development Corporation. Chairman Gonzalez: All right. D5.2. Commissioner Spence -Jones: Yes, Mr. Chairman. I guess I'm going to go ahead and just address the issue now, and if there's any further clarity that we need on the item, then, you know, we can bring it back, but I do want to address it because I do have some of my seniors here, and I don't want to have them, you know, waiting all night, so if there's any way, Mr. Chairman, that I could at least address what the concern is -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: As you know, almost a year ago, this Commission approved about 1.1 to support the Edison Towers complex, which is located in Liberty City. It was also then, once again, approved by the Loan Committee, with conditions. One of the things that was really important to me -- one -- before I got elected and once I got elected was the promise that I made to many of the elderly and low-income individuals that actually lived in Edison Towers. Through Commissioner Barbara Carey -Shuler, there was dollars set aside to approve about $750, 000 that went to the rehab of Edison Towers, but in the midst of that happening was very clear -- or she made it very clear to me that the dollars that the County would put towards the rehab, that she was expecting or the County was expecting for the City to at least assist with the issue that they were having regarding their loan. I know that we have not put a process in place altogether regarding how the Affordable Housing Trust dollars are going to work. As a matter of fact, I know thatMs. Rodriguez has been working very hard, along with her team, to City ofMiami Page 21 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 put that in place. The only reason why I would have this item on my blue pages is because it is an emergency and it is an important issue that needs to be addressed. I've been working on this issue for the last year or so while sitting in this seat, and I just don't want the residents to be strung out any longer than what they have been. If the dollars had not been approved by, one, the Commission first, and then approved by the Loan Committee, I would not even come in front of the Commission asking for this request. Many of the units -- it's about 40 units -- would come available if we made the dollars available to assist with this matter, which we already know, not just in my district, but throughout the whole city, we're having a serious housing issue already, so here's additional 40 units that are out of commission that can be made and will be made available for those tenants at Edison Towers. Now I do understand staffs position, and I truly support making sure that if this Commission decides to support, you know, making sure the resources are available, that they are -- the same conditions that the Loan Committee put in place are also put in place for these dollars that are going to be attached to us giving -- if that is the case. I'm saying to my colleagues, I need your support. The 1.1 that you already approved and that the Loan Committee has already approved, take it back, you know. Allow for it to be used towards another district. I'm fine with that. All I ever wanted to do is make sure that I took care of the people that have lived in Edison Towers for as many years as they have, and that was the whole purpose of it. It had nothing else to do with just making sure that those families were taken care of, so I'm asking the Commission -- I do know that there's some questions that -- and some current concerns that may need to be addressed, and I'd like to at least be able to put it out, Mr. Chairman, so that we can begin to address it. I do have the president of Tacolcy Economic Development Corporation here to answer any questions, but I'd like for Barbara to at least step to the mike also. Barbara Gomez -Rodriguez (Director, Community Development): You want for them to speak first? Chairman Gonzalez: Well, let me --for the sake of -- Vice Chairman Sanchez: Time. Chairman Gonzalez: -- saving time, if there are any questions, I guess the question will be from Community Development, not from the people that runs the tower or -- and if you went through the process -- I mean, the -- let me tell you. I personally -- I don't have a problem with rehabbing the building. I don't have a problem with allocating funds to the building or to the project because all of us here have been striving and fighting to produce and maintain affordable housing in this city because we all know how much needed it is. The problem is I, personally, was briefed this morning by the Manager, a two -minute or a five-minute briefing on allocation of over $1 million, OK? I'm ready to support it, and the reason that I'm ready to support it is because the Manager explained to me that this already went through the process of the Loan Committee, and it went through the process of the application through HUD (Department of Housing and Urban Development), and through the entire sequence of process that it has to go, but you know, whenever we're going to do -- back two years ago, three years ago, this Commission decided that we wouldn't bring any items as a pocket item or blue pages allocating money, and you know, especially when you're talking about more than $1 million. Another concern that I have with the little experience that I have in rehab is that $700, 000 will never, will never rehab 40 units. I can tell you that right now. You can figure that you're going to need more -- between 35, 000 and $40, 000 per unit, so you're talking $1.6 million in rehab. That's not counting that you have to do a new roof on that -- in that building because then you're going to go to the range of the $2 million. Now will they have all the money to rehab the building? Do they have the funding to secure the rehab of the building? I don't know. I'm willing to support you on this, but let me tell you, you know, you have heard me say in many times, you know, when the Administration comes here with an item that I haven't been brief on - City ofMiami Page 22 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- especially when it is allocating those amount of monies, you know, I get concerned. I get concerned. Commissioner Spence -Jones: Can I just add, Mr. Chairman -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- and I do respect your leadership on this whole issue, and I will make sure, as we go forth, that I will not bring any items that have a fiscal impact regarding this without you being thoroughly briefed. The only reason why I even put this on my blue pages -- and the Manager can tell you -- is that we've been waiting for a minute to have this actually on the agenda, but because of the budgets, because of the (UNINTELLIGIBLE) issue that Barbara was trying to work through, it just did not happen, and I -- honestly, I live in that neighborhood. I live down the street from Edison Towers, and to run into my seniors every single time and they're asking me, "Well, what's going on? What's going on?" The elevators are not working in the building, so some of them have to, you know, walk up 12 flights of floors, and Ii ust -- I think that we need to do whatever it takes to make sure that they're not put in that position. The -- to my understanding, Tacolcy has already began working on putting things in place to draw down the monies from the County. They've already began the bid process regarding the rehab part of it, and I do respect that Barbara -- excuse me, Ms. Rodriguez wants to make sure that she views whatever documents, from a rehab standpoint, to make sure that the promises that we do make to the residents happen, you know, so -- and I want to make sure that that's -- there's a commitment from the organization to see that that happens. Commissioner Haskins: Commissioner Spence -Jones. Carol Gardner: IfI can -- Chairman Gonzalez: OK. Ms. Gardner: -- address -- Commissioner Haskins: I'd like to ask a question. I'm -- this started out at a $1.1 million request to refinance the HUD loan. Why is it now 1.4 million? Ms. Gardner: Actually -- Commissioner Haskins: How did it get three hundred thou -- how did that HUD loan get to be Ms. Gardner: When we initially -- Commissioner Haskins: -- $300, 000 more? Priscilla A. Thompson (City Clerk): Excuse me. Ms. Gardner: When we initial -- Ms. Thompson: Excuse -- Commissioner Spence -Jones: You got to say your name. City ofMiami Page 23 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: We need your name and your address. Ms. Gardner: Oh, I'm sorry. My name is Carol Gardner. I'm with Tacolcy Economic Development Corporation. My address is 675 Northwest 56th Street, Building C. Commissioner Haskins: OK. Ms. Gardner: Sorry about that. The -- when we brought this item initially to CD (Community Development), we had a cost of 1.1 million. Now when we brought it to them, it was in technical default. We had been working with our current lenders -- it's not a HUD lender. It's actually two joint venture --two joint lenders, Equitable and the Ford Foundation. We were in technical default at that time. We negotiated with them a buy down of the loan. The loan is actually higher than that, but what they did was give us 50 cents on a dollar, and they said the consequences for that is we charge you 50 cents a day every -- I mean, not 50 cents, $50 a day everyday after a certain period. Well, that's what incurred that cost, and we can't argue with them or go back to them. They have been more than reasonable with us. They have been waiting a very longtime to get their --get this --these funds paid. They have gone beyond what any banking institution would do, and we appreciate that from them, and that is why we haven't -- and from the time we had this approved from the Loan Committee, it has actually been about almost nine months, so that cost kept ticking as it went (UNINTELLIGIBLE). Commissioner Haskins: But at $50 a day, does that come to $300, 000 difference? Ms. Gardner: Well, $50 a day plus interest. Commissioner Haskins: Plus interest. Ms. Gardner: Yes, plus interest, so yeah -- Commissioner Haskins: OK. Ms. Gardner: -- it has -- actually, what it evolves up to be is about $280, 000. Commissioner Haskins: So this is just -- what we're doing here is we're not putting a dollar into rehab with our -- with the City's money. What we're doing is we're refinancing the loans that you have -- Ms. Gardner: Right. Commissioner Haskins: -- and in exchange, we have a loan that you're going to pay back to us. Ms. Gardner: Right, in first -- Commissioner Haskins: OK. Ms. Gardner: -- position, and now I just wanted to make a quick comment on the rehab. This is not a extensive rehab. There are certain things that are happening in the building that is causing those units to go down, and the units that are actually down is because they have some minor issues that we can't rent them, meaning every time it rains in South Florida -- and it does it often -- that unit gets wet, so every time that tenant is in there, we have water going in. Commissioner Haskins: Well, you're doing a roof replacement? City ofMiami Page 24 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: That is -- Ms. Gardner: No. Roof is not our issue. We've gotten the roof replaced two years ago, so the roof is not the issue. What the problem is is that on the outside of the building, over the years, there has been cracks. We have gotten the cost estimate on it, and we've gotten three cost estimates. We have Gonzalez Painting ready to go to do it, and it -- everything falls with -- even replacing the elevators fall within our budget and the rehab of the units. Commissioner Haskins: And the 750, 000 from the County can only be used for hard construction costs, is that correct? Ms. Gardner: Can be struction [sic] -- no, not for hard construction costs, for any rehab. Commissioner Haskins: Hard rehab costs -- Ms. Gardner: Right. Commissioner Haskins: -- hard costs. No soft costs, no -- Ms. Gardner: No. Commissioner Spence -Jones: Meaning no administration dollars. Hs. Gardner: There's no developer fees. No administration -- Commissioner Haskins: No nothing. Hs. Gardner: -- fee, no overhead, no nothing. Commissioner Haskins: OK. Alright], great. Hs. Gardner: This is straight costs for doing -- Chairman Gonzalez: All right. Hs. Gardner: -- the work, dollar for dollar. Chairman Gonzalez: All right. Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: I have a question. Why weren't -- we be able to use the HUD funds? Hs. Gardner: The HOME (Home Investment Partnership Program) funds -- we weren't able to use the HOME funds. We found out when we sent information to HUD that in order to use the HOME funds for refinancing, that 50 percent or more of those funds must go towards rehab. Well, we were awarded 1.1 million, and we needed the whole 1.1 million to go towards the refinancing. They would not consider the rehab funds that we received from the County. Vice Chairman Sanchez: So you couldn't comply with those restrictions? Hs. Gardner: I'm sorry. Vice Chairman Sanchez: You couldn't comply with those restrictions? Hs. Gardner: Right. Their refinancing dollars -- if we took 50 percent of the 1.1 -- City ofMiami Page 25 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: (UNINTELLIGIBLE). Ms. Gardner: -- then we wouldn't have enough to pay the lenders. That would be the problem. Vice Chairman Sanchez: I understand that part. Ms. Gardner: OK. Vice Chairman Sanchez: Barbara, maybe you could come up -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- and shine some light on this. Ms. Gomez -Rodriguez: Barbara Gomez -Rodriguez, Department of Community Development. First (UNINTELLIGIBLE) were a couple of issues. One, HUD dollars could be used for rehabbing and for refinancing. The problem is that when you do refinancing, for every dollar you use for refinances, you have to put two dollars in rehab. Commissioner Gonzalez, it's not forty -some units. It's 121 units. Chairman Gonzalez: They all need rehab? Ms. Gomez -Rodriguez: The whole building has 121 -- Commissioner Spence -Jones: Twenty-one. Ms. Gomez -Rodriguez: -- units. Forty-six units were going to be assisted with our dollars. That's basically when it was HUD. I'm very -- you know, the City have been very committed to this project from day one, and the only thing that I can recommend is that, regardless of the funding source we use -- and definitely, they were not able to get the match, so that's why they're seeking the Affordable Housing Trust dollars -- that we make a commitment -- that Tacolcy makes a commitment that all of the guidelines that the Housing and Loan Committee impose on them, they stay because it is very important to us that if we're going to refinance a building where we're going to be the lenders, and we're going to be in first position, that the building be totally rehabbed to make sure that these apartment do pass housing quality standards -- Vice Chairman Sanchez: They have to. Ms. Gomez -Rodriguez: -- number one, and number two, that we just don't rehab certain things in the building; that we take an approach that the building be rehabbed completely. The other thing that the Loan Committee did express is we want to see an engineering report, and that is something that we need. We want to make sure that everything that the engineering report says that it's needed, we do it; that there is a certification from the County and the City that their -- that the building code is not going to kick in, so these are the type of things that, regardless of the funding source, we want to make sure they stay. We also want to be part of the rehab. Even though that we will not be funding rehab, we want to make sure that we approve the work that is going to be done, and that we approve when it's completed, so those are the type of things that I would recommend that we impose, regardless of the funding source that we're considering; that these conditions stay. Tacolcy -- Edison Tower [sic] is one of the projects that was going to be discussed at the Loan Committee next Friday, which I do recommend that they should address the Loan Committee with all of the questions that they had for the project, but in reference to the Affordable Housing Trust, I don't think that we are opposed to it. City ofMiami Page 26 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: All right. Chairman Gonzalez: Vice Chairman Sanchez. Commissioner Spence -Jones: Thank you, Barbara. Vice Chairman Sanchez: Before I turn it over to Commissioner Spence -Jones, let me just state what the Chairman has stated. This item should have never been on a blue page, period. This item should have been on the regular agenda, giving everyone an ample opportunity to have a better understanding and have the public participate in it because it's a sensitive and humane issue when it comes to housing, but let me tell you, with the scandals that we've had with housing, you know, we, as government, need to be more prudent with how we address the issues, and we do have to follow rules and regulations, and I think the concern that we have, as legislators, based on the advice that's given to us by the department, who just stated those concerns on the record, I think we need to be very careful on it and follow those. Now the recommendation that has been made, that has been put on the floor, let me just put an advice out and just put something on the table. We should have this item comeback on the regular agenda with the conditions that have been put on by the executive director, and then the legislative body should hear the item and move forward with the recommendation either to approve or deny, but we need to have a process in place, and I'm very concerned that I don't think that we -- this is not in best practices, so that's the concern that I have. Ms. Gomez -Rodriguez: Commissioner, would you entertain having it heard by the Loan Committee next Friday, and let them rule as to the funding, the amount, and the conditions? Chairman Gonzalez: Let me tell you -- Vice Chairman Sanchez: Look -- Chairman Gonzalez: -- what I would like. Ms. Gardner: OK. Chairman Gonzalez: I don't know how my colleagues will -- going to take this, but what I would like to do is to instruct the Manager to find the funding for the project for the financing, or refinancing, or whatever you want to call it, and then after this -- I understand this already went through the -- to the -- Ms. Gomez -Rodriguez: It did -- Commissioner Spence -Jones: It's already -- Chairman Gonzalez: -- Loan Committee, right? Commissioner Spence -Jones: -- it's gone through the -- Ms. Gomez -Rodriguez: -- and it was approved on March 31 -- Chairman Gonzalez: So why -- Ms. Gomez -Rodriguez: -- 2006 Chairman Gonzalez: -- does it have to go back to the Loan Committee? City ofMiami Page 27 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Ms. Gomez -Rodriguez: Because we need to change funding source, because the funding that was approved by the Loan Committee was HOME, and the HOME, they weren't able to get the match that is required for HOME -- Commissioner Spence -Jones: But -- Commissioner Haskins: Can we --? Ms. Gomez -Rodriguez: -- so what we will be doing is bringing back -- Chairman Gonzalez: How big -- Ms. Gomez -Rodriguez: -- the one -- Commissioner Spence -Jones: But if we're going to use another -- Chairman Gonzalez: -- of an emergency is this? I mean -- Commissioner Spence -Jones: It's a big emergency. Chairman Gonzalez: --is the building going to be foreclosed next week or next month? Commissioner Spence -Jones: Mr. Chairman, I have -- and I respect the fact that we have not -- this item is coming this way and it -- and I respect Sanchez -- Commissioner Sanchez's opinion and your viewpoint of this not being placed on a blue page. The only reason why I placed this on a blue page is because I've been working, over the last nine to ten months, to have this addressed, and I really put this on the blue page out of desperation today. Commissioner Haskins: Can I make a suggestion that might -- Commissioner Spence -Jones: That's why it's on there. Commissioner Haskins: -- satisfy everyone? I really think -- I mean, this is an emergency. Ms. Gardner: It is. Commissioner Haskins: We have our residents here. We know this project. It's gone through the Loan Committee; it was approved. We've already said we have difficulties doing this, OK. Can we -- I make a suggestion that we bring it back this afternoon with all the conditions that were imposed by the Loan Committee, so that we can look at those and vote on it with those conditions so everybody is informed because I'm ready -- I think the Loan Committee's suggestions very reasonable. I really do, and I think we should be able to live with those, and it provides protection to the people that we're trying to help here, OK? Commissioner Spence -Jones: And I'm fine with -- Chairman Gonzalez: But I -- Commissioner Spence -Jones: -- us using those terms. Commissioner Haskins: So if we could bring it -- I'm just trying to come up with a compromise, that's it. OK. I'm just trying to come up with a compromise that we bring it back this afternoon with the conditions so that the Commissioners have a chance to see it, and if we could get it to City ofMiami Page 28 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 the Commissioners for the lunch break, that would be great, and that we go ahead and move on it this afternoon on that basis. If, after we've seen the conditions, we're not happy -- and what I want to make sure in the conditions that one of the conditions is we try whatever we can to reduce the -- these penalties and interest, the $300, 000 additional penalty interest. I would like to add that as a condition. I understand -- I mean, everybody understands this is something that should be on a regular agenda, subject to public hearing. We all have concerns about allocation from the Affordable Housing Trust Fund dollars without a policy, but maybe if we go that way, we can strike a compromise and get this thing moving. Not saying that for certain it'll be voted on, but let's look at the conditions and add that on on the additional 300, 000 and see what we can do. Chairman Gonzalez: All right, but let me tell you what my point is. I mean, I don't see why -- and I don't think it's fair. Honestly, I don't think it's fair. If they already went through the Loan Committee and they were approved, why should they have to go back to the Loan Committee once again to get approved for the second time? That is unfair. I mean, is that done to anybody else? Ms. Gardner: That's -- Chairman Gonzalez: Is that done to everybody else? Ms. Gomez -Rodriguez: We do it for everybody -- Chairman Gonzalez: You know, and let me tell you what my position is. Ms. Gomez -Rodriguez: -- that changes funding source. Chairman Gonzalez: Let me tell you what my position is, OK? And I'm going to tell you exactly what my position is. I don't want the City ofMiami doing to these people what the County does to my people in Allapattah, OK? The County -- and I hope the Commissioners at the County are watching this meeting. The County Manager and the County Mayor and -- they have an agenda against my CBO (Community Based Organization) in my community that all he has done in the last 28 years is produce housing and build housing for the poor people, OK? and I don't want the City ofMiami doing that to any of our residents in the City ofMiami. We are not -- we -- I don't -- we're not going to go back to the past of the City of Miami where we have personal vendettas, which is happening in the County right now because they're acting on personal vendettas and hidden agendas and personal agendas against some people in this County, and that is happening with Allapattah Business Development in the County by Mr. Roger Carlton, by Mrs. Cynthia Curry, and by some people in the County, and I hope, once again, I hope, once again, that they hear this meeting, that they be watching this meeting, and if they have a problem with what I'm saying, they're free to call me, and I will be available to them any time, any day, any year. It is not fair. If they have already gone through the Loan Committee, they should be given the money to rehab the building. Now going through the Affordable Housing Trust Fund -- Ms. Gomez -Rodriguez: That's the problem. Chairman Gonzalez: -- there I have a problem, if we don't have a process because we're going to open the door for anybody else to come in and ask for that money, and if we say yes to one group, we're going to have to say yes to everybody else. What I suggest is that we identify -- Mr. Manager, you identify the funding, and then let them go through the process of whatever, of accepting the conditions, and I don't know if the Commissioner is willing to accept the conditions. City ofMiami Page 29 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Unidentified Speaker: Yes, yes. Ms. Gardner: The conditions that the housing committee had already put on the line, we're not in rejection to those. We have those documented conditions. Chairman Gonzalez: OK -- Ms. Gardner: We just don't want anything added -- Chairman Gonzalez: --so -- Ms. Gardner: -- that will prolong this situation. Those conditions, we already satisfied. We've already gotten engineering reports. We paid $15, 000 in March -- in April to have the engineering report, to have the City's Building Department and Zoning Department meet with our engineers, certify everything, so the cost are there. The cost may have changed from March to now, but we have the same bids, and those bid -- those contractors are going to -- Chairman Gonzalez: Let me tell you -- Ms. Gardner: -- use those same bids, so we've met them. Chairman Gonzalez: I hate being discriminated, and we talk in this County and in this City we talk a lot about discrimination, OK, but we only use the discrimination word when we talk about African Americans, and believe it or not, there is still discrimination in this County against the Hispanics and against the Cubans, even though we're a majority in this County. Even though we produce the amount of dollars that we produce to support this County and to support this City, we are being discriminated, and the people in Allapattah are being discriminated by Miami -Dade County and by the bureaucrats ofMiami-Dade County, and I'm sick and tired of it. I've been holding it on and holding it on and waiting and waiting, but it's time to put it on the table. It's time to put it on the table, and I'm not going to participate on submitting these people or anybody to any process that we don't submit anybody else. That's my position, and I'm willing to support the loan, and I'm willing to support the building and the residents. Commissioner Regalado: Mr. Chairman. Commissioner Spence -Jones: Mr. Chair -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- if l may. This item was on the agenda in the last Commission meeting, and I read it and I asked because we were told that it was going to come back. Everybody knows that it's an emergency, and you know, you're right, and I keep asking you, ask our Chairman to write a white paper about housing -- Chairman Gonzalez: Right. Commissioner Regalado: -- in the City ofMiami because, at the end of the day, this white paper should reflect those things that we're saying here. There might be somebody watching from the County -- I'm sure that they are -- but we're dismiss -- Chairman Gonzalez: But you know what, Tomas? Do you know where I'm coming from? City ofMiami Page 30 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: Yeah, I know. I -- Chairman Gonzalez: We are going back -- in the County now, we're going back to the 1996 and 1997 of the City ofMiami -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- where there were personal agendas. They used the Police Department. They used the State Attorney's Office. They used every power that they had, OK, to go after people, and I was one of the victims of that system. Commissioner Regalado: I know you were. Chairman Gonzalez: I was a victim of that system -- Commissioner Regalado: I know you were. Chairman Gonzalez: -- and now my people are being the victims of the new system of Miami -Dade County -- Commissioner Regalado: And -- Chairman Gonzalez: -- and if they have problems -- because they gave money away right and left to everyone, OK. They should have had smarter people working over there because Allapattah Business Development never got a penny from the -- as a matter of fact, as a matter of fact, on the 11 years that I worked for that agency, I applied for funding for administration every single year, and my funding was denied, every single year, and the funding that they got to build is in mortar and block, and it has been built, and there are people living in the units, but they have a personal agenda, and they're playing games. They're playing games once again. Commissioner Regalado: Your problem was that you didn't have high paying lobbyists working for the Allapattah, but -- Ms. Gardner: And neither do we. Chairman Gonzalez: That's correct. Ms. Gardner: I just want to add. Commissioner Regalado: -- here's the thing, here's the thing, and it was on the agenda the last time, and I ask and I kept asking, and I got good briefings on this matter. We know it's an emergency. We -- this afternoon, it probably won't be, for this Commission, enough time to study. If we approve this with the condition that the Loan Committee, which is a professional group of people -- Commissioner Haskins: Dependent -- Commissioner Regalado: -- next Friday -- Commissioner Haskins: -- independent of the Commission. Commissioner Regalado: Independent of the Commission -- from now to next Friday, approve City ofMiami Page 31 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 and find the funding, and the Loan Committee finds it's OK, we should move forward, then there's no problem. Now if the Loan Committee decides not to approve it, then what the Commission does today here, if we decide to approve this, has to be reconsidered, but what we cannot is hold on to this paper until the next meeting in December because it complicates, and then there's Thanksgiving and Christmas and all that. If we were to approve this with the condition that the Loan Committee will look at all aspect and find it that it's OK, then it's OK; it moves forward. I don't see why we cannot just facilitate the situation for these people. I don't see why we have to wait for the Loan Committee, then to come back to the agenda, then to be brief, and then to be discussed in December or maybe in January because we are going to have so many things in the agenda. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: All right. Hs. Gomez -Rodriguez: Commissioner -- Commissioner Regalado: So -- Pedro G. Hernandez (City Manager): Mr. Chairman. Mr. Chairman, ifI may? Chairman Gonzalez: Yes, Mr. City Manager. Vice Chairman Sanchez: And I want to hear from the executive director on this. Hr. Hernandez: Mr. Chairman, ifI may? The Loan Committee has already, you know, seen this item and they placed certain conditions. I think that, with your approval, I can enforce those conditions and add any other that you feel are necessary, without having to go back to the Loan Committee. The Loan Committee really doesn't deal with the funding source. That's not their jurisdiction. It's basically the transaction, so I feel confident that it doesn't have to go back; that we can actually impose the conditions that they already placed on it, and as far as the precedent, I agree that any future allocations of the Affordable Housing Trust should, as part of the process, go through the Loan Committee process. This one -- Vice Chairman Sanchez: No. It should have a process. Hr. Hernandez: -- in essence -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: It should have an established process. Hr. Hernandez: We need to have that established process that should contain going through the Loan Committee as one of the steps, and this one already has gone through that part of the process. Chairman Gonzalez: All right. Commissioner Spence -Jones: And -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Mr. Chairman, thank you, and all my colleagues, thank you for your support on this item. Again, I want to truly apologize for bringing this as a blue page City ofMiami Page 32 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 item. This is one of the first items that I had on my agenda as a new Commissioner. It was on my first agenda -- Chairman Gonzalez: I know. Commissioner Spence -Jones: -- so I've been working very hard to address this issue back and forth with CD and with the folks from TDC [sic]. I just want to say last that this is a loan and it is the right thing to do, and it fulfills our purpose of the trust fund to provide affordable housing --the City's commitment to provide housing to all people. This is going to allow for us to have 40 additional units, which could possibly mean 40 families would now have a place to live now in the Liberty City area. I'm asking that my fellow Commissioners support me in addressing the affordable housing needs of Edison Towers and to definitely make sure that we impose the conditions that the Loan Committee has added, but I think that because they've been waiting for a very long time, I would ask the Commissioners to please support me, and we'll make sure that we put a process in place and we do that for the Affordable Housing Trust, but at this point, we do not need to string them on any longer, so if I could have the support from my Commissioners -- Chairman Gonzalez: Call the question. Vice Chairman Sanchez: Wait, wait, wait, wait. Whoa, whoa, whoa, whoa. I need to have Barbara come up, and what has been proffered, is it within the scope and the regulations and the restrictions of the City -- Chairman Gonzalez: They are. Vice Chairman Sanchez: -- and the lending institutions? Chairman Gonzalez: They already said they are. Ms. Gomez -Rodriguez: The understanding is that we're going to accept the Loan Committee recommendations. We're just going to change the funding source, and the reason that I was saying -- going back, Commissioner, we only make people go back if you need additional dollars or if you cannot use the funding source that was approved. Chairman Gonzalez: But -- Ms. Gomez -Rodriguez: Otherwise, you don't go back. Chairman Gonzalez: -- in this case, they're not using -- Vice Chairman Sanchez: She has to go back. Chairman Gonzalez: -- additional dollars. They're using the first dollars that were assigned to them. Vice Chairman Sanchez: But a different source. Ms. Gomez -Rodriguez: Are you going to use --? The Loan Committee approved 1.1. My understanding from Carol now is that they need 1. 4, which is $300, 000 more. Chairman Gonzalez: Then I stand corrected. Commissioner Spence -Jones: OK. City ofMiami Page 33 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: All right. Did they ask -- answer your questions? Vice Chairman Sanchez: We've debated this long enough. We're prepared to vote on the issue. Chairman Gonzalez: Right. Vice Chairman Sanchez: This item should have never been on a blue page item. Chairman Gonzalez: Right. Commissioner Spence -Jones: And we already are very clear that it shouldn't have been, and the only reason why is I've been working -- Ms. Rodri -- Chairman Gonzalez: Call the question. Jorge L. Fernandez (City Attorney): Well, Mr. Chairman, point of clarification. You are not, in fact, approving any such loan. It's coming back to you this afternoon when all the terms and conditions are clarified for your final ratification. All you're doing by this vote that you're taking now is instructing the -- Chairman Gonzalez: Well -- Mr. Fernandez: --City Manager -- Chairman Gonzalez: Time out, time out, time out. Mrs. Rodriguez has to go to the hospital because -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- her mother is going under surgery, open-heart surgery, and she's here - Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- OK. I don't know if she's going to be able to come back this afternoon to ratify this or not ratify this. I mean, you know, we have to -- I mean, we're all adults here. Everything -- Mr. Fernandez: Well -- Chairman Gonzalez: -- has been put on the record. I mean, what is the problem? The Manager said that they have certain conditions. The lady says that they agree to the conditions. The Commissioner agreed with the condition. Why do we have to leave and come back to go over the same thing again? Ms. Gardner: Right. We don't -- Ms. Gomez -Rodriguez: Can we -- Mr. Fernandez: Well -- Ms. Gomez -Rodriguez: --just approve the conditions of the Loan Committee under the Affordable Housing Trust -- City ofMiami Page 34 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Haskins: And the -- Ms. Gomez -Rodriguez: -- and we will de -obligate -- Commissioner Haskins: -- condition that we try -- Ms. Gomez -Rodriguez: -- the HOME fund. Commissioner Haskins: -- to reduce the $300, 000 interest and penalties that have accrued. Ms. Gardner: Right. Ms. Gomez -Rodriguez: OK. Can we approve the 1. 1, and we will work with Tacolcy to see -- Chairman Gonzalez: Exactly. Ms. Gomez -Rodriguez: -- the different -- Chairman Gonzalez: Let's do that. Let's do that. All right, so what we're going to do is we're going to approve -- we're going to vote to approve or disapprove -- Vice Chairman Sanchez: The conditions. Chairman Gonzalez: -- the $1.1 million, with the conditions, and then they will come back for the other $300, 000. Ms. Gardner: No, no. Chairman Gonzalez: Is that OK with you, Commissioner Jones [sic]? Ms. Gardner: They all go together. Commissioner Spence -Jones: But why are we breaking them up? Ms. Gardner: Yeah. Ms. Gomez -Rodriguez: What he was saying is that if we approve what the Loan Committee approved -- the Loan Committee approved 1. 1, so what Commissioner Gonzalez is saying, let's approve what the Loan Committee approve, just change the funding source from HOME to the Affordable Housing Trust. What Carol is saying that it needs to be increased $300,000. Commissioner Spence -Jones: OK. Carol, at this point, because the Loan Committee has only funded the 1.4 -- 1. 1, can we please move along with this item, and then come back to work out the other details? Because I do understand why they would probably have a issue approving something that was not originally approved by the Loan Committee. Ms. Gardner: OK. I agree with that, butt just want to state for the record that in order to pay off the other loan fully, that the other $300, 000 will be included. We can provide you proof of it. It's not something that we made up. Commissioner Spence -Jones: OK. Commissioner Haskins: But I think it helps in trying to negotiate it that -- City ofMiami Page 35 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Ms. Gardner: Yes. Commissioner Haskins: OK -- Ms. Gardner: I do agree that we -- Commissioner Haskins: -- and let's -- Ms. Gardner: -- should -- at least allow us to come back the next time or in December or this afternoon to talk about that 300, 000 -- Commissioner Haskins: It'll -- Ms. Gardner: -- because really -- Commissioner Haskins: If you give the -- if you give your lenders a $1.1 million payment, OK, at least for the principal, and then -- the principal -- the -- whatever your negotiated settlement was, we have time, for the next Commission meeting, not -- we don't have to deal with that the - - this afternoon for the 300, 000 -- Ms. Gardner: OK Commissioner Haskins: -- every lender in the world -- I'm from banking -- will be happy to get their $1.1 million check out of the 1.4. Ms. Gardner: OK. We'll do that. Mr. Hernandez: There's an opportunity to go to the Loan Committee next Friday for the additional 300, 000. Chairman Gonzalez: All right, so -- Ms. Gardner: Yes. We will do that. We will do that. Chairman Gonzalez: -- we should take it to the Loan Committee next Friday, so -- Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Commissioner Spence -Jones: For that additional. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye. " Those opposed? Vice Chairman Sanchez: One "no. " Chairman Gonzalez: No. One "no. " Ms. Thompson: But could -- City ofMiami Page 36 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: All right. Ms. Thompson: --just want to make sure, Chair, that this is being adopted as modified. Chairman Gonzalez: With the conditions. Ms. Thompson: OK, because I have a substitute here, so it's 1.1 is the -- Mr. Fernandez: Correct. Ms. Thompson: -- modification with the conditions, correct? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Thank you. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. Now I'm going to take my blue -- Ms. Gardner: Thank you. Chairman Gonzalez: -- pages. They should be no controversy. They should be no discussion. It's very simple. Ms. Gomez -Rodriguez: Commissioner, do you mind taking PK 7? Chairman Gonzalez: Taking what? Ms. Gomez -Rodriguez: Take PK 7, Community Development items that was supposed to be at - Vice Chairman Sanchez: Why don't we try -- Ms. Gomez -Rodriguez: -- 10:30. Vice Chairman Sanchez: --to get you out of here as quickly as possible -- Ms. Gomez -Rodriguez: Yeah. Vice Chairman Sanchez: -- so you could go be with your mother. Chairman Gonzalez: Well, let me get my blue pages out. Ms. Gomez -Rodriguez: OK. Chairman Gonzalez: It'll be two seconds, and then we will take all your items, so you can go to the hospital. City ofMiami Page 37 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 SPECIALLY SCHEDULED ITEMS SSA 06-01881 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) Clerk OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON NOVEMBER 7, 2006 FOR THE ELECTION OF COMMISSIONER DISTRICT 2. 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-06-0664 Chairman Gonzalez: All right. I know the City Clerk has been very concerned all day long. She keeps looking at me and keeps looking at me. Vice Chairman Sanchez: Certify the election. Chairman Gonzalez: Let's do SS. 1, the certification of the special election. Vice Chairman Sanchez: So moved. Chairman Gonzalez: We have a motion. Vice Chairman Sanchez: So moved. Chairman Gonzalez: Hear a second? Commissioner Haskins: Second. Chairman Gonzalez: Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): If l might, I just wanted to let Commissioner Regalado and the Commission know, the information that you discussed this morning regarding the voting issues at the precinct, I've already sent your concerns and a draft of the minutes to the Supervisor of Elections, on behalf of City Manager Hernandez, and let him know that they'll be contacting him, so we've got it going already because we have the run-off in two weeks. Chairman Gonzalez: Thank you, ma'am. City ofMiami Page 38 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 PUBLIC HEARINGS PHA 06-01880 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS AND CONVEY THE CITY OF MIAMI ("CITY") OWNED PROPERTIES LOCATED AT 1401 AND 1441 NORTH MIAMI AVENUE, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, CONTAINING APPROXIMATELY 14,017 SQUARE FEET OF IMPROVED PROPERTY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, BY CITY DEED, WITH REVERTER PROVISIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CITY DEED, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS TO EFFECTUATE SAID CONVEYANCE. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0658 Chairman Gonzalez: So now we're going to go back to the -- resume the regular agenda of the City ofMiami Commission for November 9. You're already standing in there; you don't know what item I'm going to call, so I don't know -- maybe you're reading my -- Laura Billberry (Director, Public Facilities): I'm hoping you'd go to the next one that was in line. Chairman Gonzalez: Maybe you're reading my mind. Let's see, let's see, let's see. Where did we left [sic]? OK. PH.]. Ms. Billberry: PH.]. Chairman Gonzalez: You see, you were reading my mind. Ms. Billberry: I wanted to make sure I was here on time. Chairman Gonzalez: PK I -- Ms. Billberry: Lori -- Chairman Gonzalez: -- go ahead. Ms. Billberry: -- Billberry, Public Facilities. The item before you is a resolution to declare surplus and authorize the City Manager to convey to the Omni CRA (Community Redevelopment Agency) the property at 1401 and 1441 North Miami Avenue to the Omni CRA in as -is condition. This is the property commonly referred to as the Old Fire Station 2. The Omni CRA board has already requested this, and actually authorized acceptance from the City on this property, and has also authorized an expenditure of $800, 000 to rehab this site in order to remove asbestos and at least make it -- the building shell structurally sound. A substitute City ofMiami Page 39 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 item was distributed simultaneously with your package to correct a typo in the deed, and that was in the deed restrictions. For the record, the deed restrictions included a requirement that the rehab work be completed within three years of the conveyance of the property to the Omni CRA, and it further require that the CRA and the City would work together on any redevelopment of that site, and that they would com -- that process would be completed within two years, which was incorrectly stated as three years in the deed. It will be completed within two years from the time the rehab work is complete or it will revert back to the City. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. This is a -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- public hearing. We have a motion and a second. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Thank you. Priscilla A. Thompson (City Clerk): And it's adopted as modified, correct? Jorge L. Fernandez (City Attorney): Yes, correct, with a scrivener's errors in the deed -- Chairman Gonzalez: Yes, ma'am. Mr. Fernandez: -- as distributed. You must have a copy, too. PH.2 06-01879 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("FOCAL") IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER-SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID AFTER-SCHOOL SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO City ofMiami Page 40 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 EXCEED $115,452 FOR FISCAL YEAR 2006-2007, FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000 WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins R-06-0659 Chairman Gonzalez: PH 2, yes, sir Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. PH 2 is a resolution authorizing a renewed agreement with the Foundation of Community Assistance and Leadership for after-school tutoring and computer training. Chairman Gonzalez: All right. That's a no-brainer. This is also a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Do we hear a --? Commissioner Spence -Jones: So moved Chairman Gonzalez: We have a motion Jorge L. Fernandez (City Attorney): And it requires four fifth vote, so -- Chairman Gonzalez: Is this a second? Commissioner Haskins: Second. Vice Chairman Sanchez: Discussion. Chairman Gonzalez: We have a second. Discussion. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Parks Director, why is my district getting pennies to a dollars -- to a dollar on this? Why my district not getting more funds? Mr. Burkeen: I'm not sure I understand your question. Vice Chairman Sanchez: Well, you know, you're talking about a million dollars. Commissioner Spence -Jones: A million? Vice Chairman Sanchez: Yeah. You're talking about more than a million dollars -- Mr. Burkeen: This is PH 2. Vice Chairman Sanchez: -- and my district gets very -- Mr. Burkeen: This is a -- Chairman Gonzalez: This is PH 2. We're talking about -- Commissioner Spence -Jones: PH. 2. City ofMiami Page 41 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: $115,452. Commissioner Spence -Jones: Wrong item. Vice Chairman Sanchez: Oh, I'm sorry. Commissioner Spence -Jones: PH. 2. Vice Chairman Sanchez: PH 2. I am on PH 2. Commissioner Spence -Jones: I (UNINTELLIGIBLE) -- Chairman Gonzalez: This is for Moore Park. Mr. Burkeen: This is FOCAL (Foundation of Community Assistance and Leadership). Commissioner Spence -Jones: This is for the computer programs thereafter school. Commissioner Haskins: AtA400re Park, the FOCAL. Chairman Gonzalez: For the computer program atA400re Park. Vice Chairman Sanchez: The computer program at Jose Marti, who's funding that, Amigos Together for Kids? Hr. Burkeen: Yes. Vice Chairman Sanchez: And who else? Hr. Burkeen: I think it's the Amigos for Kids who's doing the computer program. We had a Children's Trust there, but we had so many other partners there, we were able to move someone else. That's -- Vice Chairman Sanchez: OK, and that's -- and here's the question that I got, and it's not -- look, I'm all for making sure that ifI'm able to obtain for my district everyone, because I don't think there's a Commissioner here who has committed --funds that he has not been able to use, I've given it to other districts, OK. Chairman Gonzalez: Me, too. Vice Chairman Sanchez: We're not going to argue here. Chairman Gonzalez: Me, too. Vice Chairman Sanchez: It isn't -- I'm not -- Chairman Gonzalez: Count me on that. Me, too. Vice Chairman Sanchez: Well, but I'm not in a "us" versus "them" and stuff. I'm just saying that Parks Department, being that we are focusing on improving our parks, when you talk about the area that has least parks, it has been mine, OK, and I don't want to -- I want to stay on the issue. I'm trying to drift away from the issue, but I'm trying to stay focused on the issue. We go out and we solicit and we try to get organizations to come to parks. Now, these City ofMiami Page 42 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 organizations are going to go out and raise money. They're 501(c)s [sic], OK. Why should my districts or my parks have to suffer because we don't -- because we can't get more money in our parks? Henderson Park, I'd like to get a program there, if we could build some type of program. Mr. Burkeen: We would like to have a program at Henderson, but I think I said to you before, you know, progress is one step at a time. What we want to do is have quality programs, and when we get quality programs, we want to move to the next area. We want to make sure -- Vice Chairman Sanchez: But I don't think we've gotten to a point -- Mr. Burkeen: -- that whatever programs that we have in place -- Vice Chairman Sanchez: -- where we have quality programs in our parks -- Mr. Burkeen: I think that we have -- Vice Chairman Sanchez: -- and to have quality programs in our park, first of all, we have to have good parks, -- Mr. Burkeen: OK -- Vice Chairman Sanchez: --and let me just say thatl --my office provided a list to you on concerns that we had in our parks of disrepair, and we have not gotten back from your department any information on those concerns; lights that are broken, equipment that was not up -to -par. Mr. Burkeen: I think there's a number of things that we addressed at Henderson. We replaced the nets, and we did -- we've done a number of things. Vice Chairman Sanchez: But we need to be preactive [sic] and not proactive [sic] when it comes to parks. I should not have to either complain through the City Attorney -- I mean, through the City Manager to issues pertaining to the parks. The Parks Department should be aware of those. I shouldn't have -- I should never have to go through the City Manager to complain about situations in the park, unless I really have to. There has to be good supervision in parks. Parks have to be properly maintained. If we don't give you the funding, then we're the ones to blame, but if the parks aren't being up kept properly and you don't have adequate programs in the park, then it falls on the leadership of the parks. I am not content with the Parks Department in my district, and you know what? What happens here is that I'm the nice guy, and people take me for being the nice guy, but you know what? It gets to a point where I have to get stuff done in my district, and I want to get it done. My parks are dirty. My parks are not being kept up -to -par, and I want to see improvements in my parks. I've seen a lot of improvements in other parks, and I'm not seeing those types of improvements in my parks. I'm sorry to come out at you, but my office has a hard time working with your department, and that needs to improve. My chief of staff has contacted you on issues. Parks people don't respond back. I had to go visit parks; take pictures, and send you information to get those things done, and still, they have not addressed all the issues. Maybe you and I need to sit down. I'm prepared to vote on the issue. Chairman Gonzalez: All right. It's a four fifth vote. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Sanchez: Are they fourfifth? City ofMiami Page 43 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: No. Jorge L. Fernandez (City Attorney): Yes, it is. Vice Chairman Sanchez: No. I'll -- Mr. Fernandez: It's a four fifth vote. Vice Chairman Sanchez: -- vote 'yes" on the issue so it passes. Chairman Gonzalez: All right. PH.3 06-01882 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT ARTS FOR LEARNING/ MIAMI, INC ("ARTS FOR LEARNING"), MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC. ("MDFLP"), AND MUSEUM OF SCIENCE, INC. ("MUSEUM OF SCIENCE"), ALL FLORIDA NOT-FOR-PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE ART TEACHER MANAGEMENT, LITERACY BASED CURRICULUM, TEACHER SUPERVISION, SCIENCE -RELATED ACTIVITIES, FAMILY DAY FIELD TRIPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARKS SERVICES AT AFRICAN SQUARE, CURTIS, DUARTE, SHENANDOAH, AND WILLIAMS PARKS WITH EXPANSION PROGRAMS AT ROBERT KING HIGH PARK AND THE SANDRA DELUCCA DEVELOPMENTAL CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTS FOR LEARNING, MDFLP, AND MUSEUM OF SCIENCE, FOR A PERIOD COMMENCING AUGUST 1, 2006 THROUGH MAY 31, 2007, IN AN AMOUNT NOT TO EXCEED $91,460, FOR ARTS FOR LEARNING, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS; IN AN AMOUNT NOT TO EXCEED $68,000, FOR MDFLP, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS; AND IN AN AMOUNT NOT TO EXCEED $99,972, FOR MUSEUM OF SCIENCE WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED A GRAND TOTAL OF $259,432, FOR FISCAL YEAR 2006-2007, FROM AN ACCOUNT TO BE DETERMINED BY THE DEPARTMENT OF FINANCE, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 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 City ofMiami Page 44 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 N1. 1..1 Direction by Commissioner Spence -Jones to the City Manager to include Jose Marti Park when applying for grants for park services and activities. Chairman Gonzalez: PH 3. Ernest Burkeen (Director, Parks & Recreation): It's a resolution authorizing agreement with Arts for Learning/Miami-Dade Family Learning Partnership, and Museum of Science for services associated with our Out -Of -School, "Heart of Parks" [sic] program. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. We need a motion. Vice Chairman Sanchez: And here's another issue. Not a penny of this is going into District 3 parks, and even when I directed City Administration -- and Igo out and I get a nonprofit organization to come in to create reading centers in parks -- and it was on the agenda -- I have not heard back either from -- well, I did get an e-mail (Electronic mail) back, but they have not --you know, I'm going out there trying to seek programs for the parks. It's hard to get people to come here and want to partner up with the City, and then we don't partner up with them. You've heard about the program that we had, the meeting. Mr. City Manager, you're aware of it, the learning centers for parks. It was certain districts. They get funding from the Dade County schools. It was Little Haiti, Overtown, Liberty City, and Little Havana. As a matter of fact, some of the Commissioners wanted to get it, but the funding wasn't there, and still, till this day, there isn't an agreement with that agency. You ought to be aware; you're the Parks director. Are you aware of that? Mr. Burkeen: No. Commissioner Spence -Jones: I do want to say, if we can real fast -- I mean, first of all, you have been a big, strong supporter of all parks programs, and I can say even in the bud -- "[Later...]" Commissioner Spence -Jones: Commissioner Sanchez -- Commissioner Haskins: Mr. Chairman. Commissioner Spence -Jones: Can I -- Commissioner Haskins: Mr. Chair -- Commissioner Spence -Jones: --just -- Commissioner Haskins: -- oh. Commissioner Spence -Jones: -- I just want to finish my thought. Chairman Gonzalez: Commissioner has -- Commissioner Jones [sic] -- Commissioner Spence -Jones: First of all, I do want to -- Chairman Gonzalez: -- then Commissioner Haskins. City ofMiami Page 45 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Spence -Jones: I'm sorry, Mr. Chairman. I do want to at least acknowledge a comment that Commissioner Sanchez made earlier, which is very true. He's been a very big supporter of our parks in making sure that all parks, no matter what district, receive something. I mean, there was evidence of that during the budget hearing, where he took from Bayfront Park, correct? Vice Chairman Sanchez: And that's coming at the next Commission meeting. Commissioner Spence -Jones: Right. Vice Chairman Sanchez: Half a million dollars. Commissioner Spence -Jones: Right, which he split amongst all of our districts to make sure that our parks were able to have, you know, additional program, which I --programs, which I definitely, definitely would thank him for that, and -- so I know that his commitment to try to do the thing -- right thing is there, you know. As a former City staffer, I do understand that he does only have one or two parks within his district. Really, only one real full-blown park. Vice Chairman Sanchez: Jose Marti Park. Commissioner Spence -Jones: I would like to at least make sure, Mr. Parks Director, Mr. Manager, if there's any way, especially when we're talking about grants that are taking place, you know, that we receive for whatever reason or partnerships that we create with other agencies, because he only has one park, I would just suggest that, no matter what, if we're choosing four or five parks, that no matter what, there's always his park, that one particular park included in it, and if we can make the adjustments, especially for this particular item, which has a lot to do with the field trips going to the Museum of Science -- I mean, if there's any way that we can open it up to include his park, Jose Marti, I think it's important for us to do that. It's not currently included on the actual legislation or the resolution, butMr. Park Manager [sic], if we can do that, I would greatly appreciate it. I'm sure he would, so that at least his kids in his particular area will have the opportunity to also participate in those programs, so I just wanted to at least make sure that that is possible, and then I have one more comment. Go ahead. What you said, Mr. --? Mr. Burkeen: This is a grant from the Children's Trust. That's where the money for these items -- that cannot be changed at this point in time. In the next year's cycle, we can make application for that. Commissioner Spence -Jones: OK, so in the future then, when we're applying for grants that are going to be in other --for the overall City, since he only has one park, I think that it only makes sense that no matter what, Jose Marti is included in the grants, no matter what. I mean, it's not like he has four or five different parks to choose from. He only has one major park that provides a lot of services to kids that are in the Little Havana area. Not only in Little Havana area, because some kids from Overtown actually go over to Jose Marti. "[Later...]" Vice Chairman Sanchez: Mr. Chairman, I have one last question before -- Chairman Gonzalez: All right. Go ahead. Vice Chairman Sanchez: Mr. Burkeen, who wrote the request grantfor the Children's Trust? City ofMiami Page 46 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Burkeen: Grants Department and our department, in concert. Vice Chairman Sanchez: And were all the parks included, as we have a need for all the children in our parks? Mr. Burkeen: We couldn't possibly write it for all of our parks. There is a limit, and we were limited to five parks. At one point in time, Jose Marti was a part of the grant, but because of the many other partnerships that existed there, there wasn't anymore need for the Children's Trust grant there, so we found that we could move it to another site. We were covered with enough programs there, after-school programs, so there wasn't any need. Vice Chairman Sanchez: And are you sure, and your staff sure that there's some kids there that are being left out? Mr. Burkeen: I think that -- Vice Chairman Sanchez: Can you stand there and tell me, Commissioner, I am a hundred percent sure that all the kids, all the poor children in District 3 -- because we have poor children all over the City -- are being taken care of? Mr. Burkeen: I cannot tell you that, but I can also say that there is -- you only have 'X" amount of room in which to have enough people there, and if you get too many people, you're going to lose that whole learning thing, so you have to be careful with the number of people that you have. Vice Chairman Sanchez: I am one who has always said one shoe does not fit our entire community, and we have need citywide, citywide, so I just -- you know, I want to take the opportunity to thank you, and I am prepared to vote on the issue. Chairman Gonzalez: All right. We had a motion. Commissioner Regalado: Mr. Chairman, if l may. Just -- Chairman Gonzalez: Oh, I'm sorry. Commissioner Regalado. Commissioner Regalado: -- very briefly. Number one, I just want to say or repeat what Commissioner Spence -Jones said. The Vice Chairman has been a person that has always had parks in mind, and as a chairperson of the Bayfront Trust for several years, he have managed to give each Commission district some money for the parks. Number two, because I made some comments here back during the hearings where people were protesting the assessment, I mentioned the Children's Trust, and I mention that all of us pay the Children's Trust throughout the -- you know, $.50 for each $1, 000, all of us, throughout the City, poor, rich, and whatever, so I'm -- because of that, I met with Dave Lawrence, the chairperson. He's a old good friend when he was the publisher of the Herald, and I will tell you that if we were to want to modify this grant just by going to the staff and they take the issue to the board, exactly as we do here, and they won't have a problem with modifying the grant. I think that the Children's Trust is very focused on parks in the City ofMiami, and so much so that they have not rejected a grant from the City regarding parks. The other issue that I have is that -- and I thought I had problems in my park, but no. We need to have some kind, Mr. Manager and Mr. Parks Director, of communication between the area Commissioners and especially the Parks Department. The Parks Department runs the park. Somehow the Parks director in the site, or the Parks Manager decide that they going to have a program, and they just implement the program. Then we get the complaints from the residents, like in Shenandoah, they implemented -- they decided to implement a tennis program because it was going to make money for the City City ofMiami Page 47 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 and because there were some children wanted to learn tennis, but they took the from courts for the area resident. Shenandoah, Mr. Parks Director, as you know, is a -- one of the most active parks that we have, and nothing happen, and then they complain to me, the residents. We ask and -- what we ask was for a deferral of the start of the program so they can meet with the residents and the parents and all that. We never got an answer, and I'm told by the residents that the program, it's on -- I don't know if it on or not. Mr. Burkeen: Commissioner, we met with the residents, and we -- Commissioner Regalado: I know you did. Mr. Burkeen: -- came up with a solution. Commissioner Regalado: I -- no, no, not a solution. You offer the solution, but some of them complain that there wasn't a solution, and I requested to defer the program until you meet with the residents, and what happened, I really don't know because no one had inform me, so I just don't know what happened. I know that you offer a solution, and I know that after you offer the solution, they keep complaining to me, so this is why I follow up, Ernest, and request please do not start the -- I don't know if you got that e-mail or not. Mr. Burkeen: No. It was a children's program to teach kids tennis, and we had adults that didn't want the kids on the court, and we said we'd look for a solution, and we got a solution, so that they could, in fact, play, and we'd have courts for the kids to play, so we had both parties to play. Commissioner Regalado: But that's not the issue; that's a solution you offer. What I'm saying is that I never knew what happened at the end. No one told us, and we keep getting -- there may be only two that are upset, but we keep getting those complaint. That's what I'm going to say. Thank you. Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman. Chairman Gonzalez: I already forgot. Did we had a motion and a second? Priscilla A. Thompson (City Clerk): No, we did not. Chairman Gonzalez: No? OK. We need -- Commissioner Spence -Jones: I think the -- Chairman Gonzalez: -- a motion and -- Mr. Hernandez: Mr. Chairman, if -- Chairman Gonzalez: Yes, sir. Mr. Hernandez: -- you would allow me, I'll be quick -- Chairman Gonzalez: Go ahead, sir. Mr. Hernandez: -- but think it's important that make a statement. Number one, I recognize the issues, you know, with parks. I'll work with the director, I'll work with Commissioner City ofMiami Page 48 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Sanchez, and all of the other Commissioners. Maybe visit the districts, take a look at what you have there and try to improve it in the best way I can. Reference the requests that you make, your legislative actions, I do respect that tremendously. I'm going to have a database that we'll be submitting to you every two weeks with the action, the progress, so you see what's going on. You deserve to know what's going on. It's extremely important. On the CIP (Capital Improvements Program), we've been submitting reports. I know we do to Commissioner Gonzalez because of ongoing projects in his district, and we'll do to every other Commissioner. I want to express to you that I'm extremely committed to making this a better city; can't do it overnight, and I think that -- Commissioner Haskins: Pete, I understand that. Chairman Gonzalez: We understand that. Mr. Hernandez: I mean -- Commissioner Haskins: You have been -- Commissioner Spence -Jones: Outstanding. Commissioner Haskins: -- such a breath of fresh air, so nobody -- I'm not beating on you. I'm really not. Mr. Hernandez: --but I'm here -- Commissioner Haskins: You're such a breath of fresh air. Mr. Hernandez: --for all of you, and I commit that we'll continue, day-to-day, to improve the service that we provide to the residents through you. Commissioner Spence -Jones: And I just want to close out before we -- I know we want to get done with this item. I do want to just add to Commissioner Regalado's comment about the tennis thing. It's really important, if we have successful projects that are already going on in parks and we just, you know, supported a -- a project that I had -- a computer-based project that does a outstanding job in the -- in my particular community. I think it's important for us to figure out ways to help expand those programs instead of trying to find ways to include additional programs. We could take those resources that we might have and keep it in that same location, or maybe move it to another area so that we can begin to expand, but sometimes I find, just like Commissioner Regalado has stated, sometimes instead of creating or supporting what's already there, we begin to create something new in the same location, and to me, that's - - especially when people have made commitments to try to help rebuild our parks with us as partners, that we should support and be therefor those programs and find other ways to expand, so I agree with him on that issue, but I do thank you, Pete, because you have been -- have had your ears open to working with us. Chairman Gonzalez: All right. Is there a motion? There is no motion on PH. 3. Commissioner Spence -Jones: PH 3. This is the Arts for -- this is in Commissioner Haskins' district. Chairman Gonzalez: PH 3, no. PH 3 is -- Commissioner Spence -Jones: This is for the Museum of Science. City ofMiami Page 49 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: --for three parks, I believe. Commissioner Spence -Jones: A Museum of Sci -- Commissioner Regalado: For -- Chairman Gonzalez: Shenandoah Park -- Ms. Thompson: Williams Park. Vice Chairman Sanchez: No. It's a total of seven parks. Chairman Gonzalez: Let me see. African American Square, Curtis, Duarte, Shenandoah, Williams Park, Robert King High, Sandra De Lucca Development Center, and that's it, so it's seven parks. Commissioner Spence -Jones: Right. It's for the Museum of Science, so it's part of the -- Hr. Burkeen: This is the agreement -- Chairman Gonzalez: So once again, do I hear a motion on PH. 3? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Now that we have a motion and we have a second, I'm just going to make a brief comment in reference to parks. About two years ago, maybe three, I'm not too sure, maybe three, Commissioner Sanchez gave each district $100, 000 from the Bayfront Park. I dedicated those $100,000 to build a small community park, Unity Park, in Allapattah, on Northwest North River Drive. It was an open space park. We got the money from Bayfront Park. All it was going to have was a shelter with a bench, barbecue grill, three light poles, and a sidewalk where people could walk and do exercise. I've been --for three years, I've been asking about Unity Park, and Unity Park, and Unity Park, and that's exactly what Commissioner Sanchez was referring to, and I feel the same way. I don't feel that we need to everyday follow up in our projects and make sure --and go to the projects and make sure that there are people working, and that there are people building, and that there is materials, and that there is trucks, and that there is gas to move the trucks, because we're not supervisors here. We are not supervisors. We're not builders. We're not supervisors. We're -- we are Commissioners. We legislate and we make laws, and give directives, and you know, we spend whole day here, and we may pass three or four resolutions, and may give three or four or five directives for things that we got -- that we want in our district, and guess what? Unless we go back to our offices and write it in a billboard, like I have in my office -- a blackboard, I'm sorry -- maybe a year from now, I will say, my God, a year ago, I proposed this in my district, and I got five votes -- I got four more votes; it pass; nothing is happening. Then I have to start asking questions. Well, to make a long story short, after many, many, many, many inquiries about this little park that was going to cost $99, 000, and I had $100, 000 for that park because the Vice Chairman donate it to District 1, OK. At the end of two and a half years or three years, I'm told that they cannot build the park because now the park is going to cost 250, 000 or 260, 000. Guess what? By now, it might cost half a million dollars to install four light bulbs, one shelter, one barbecue grill, and a sidewalk where seniors can -- and a little (UNINTELLIGIBLE) for the little kids. Now it may cost half a million City ofMiami Page 50 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 dollars. How much have I suffer with the parks? I guess every one of my colleagues knows it, because you know, it's a constant thing at every single Commission meeting, and not only at the Commission meeting. Every time I run across the Manager, how -- when is my park going to start? When are they going to have people working there? I went by there yesterday, there's nobody, you know. I mean, I have to be -- I have to spent my time supervising my projects in my district, and as I told you during the budget process, we're spending millions and millions and millions of dollars in consultants; consultants that work for consultants, consultants that work for consultants that work for other consultants that work for other consultants. Why should I have to be supervising my projects? Why should I have to be calling you every single day and sending you e-mails and bugging you with my project; something that the people that we have working here are supposed to be doing? It's not happening. What can I tell you? And you know what the problem is? The concept of bureaucrats is to come before this Commission once every 15 days and say yes, sir, yes, sir, yes, sir that day, because it's going to be six hours, seven hours, eighth hours, and then for another 15 days, they won't like -- they don't have to look our faces, and their way of thinking is, bureaucrats, you know, they're going to be here for four years, eight year; then they're going to be gone. We're going to be here forever, 25, 30 years, until we get retirement, so don't worry about it. Just say yes, sir, yes, sir, and keep on going, and they will get sick and tired of asking you, and eventually, time is going to run out. You know, the four years are going to go by, or the eight years are going to go by; they're going to be gone bye-bye, then another Commissioner comes in; you play the same game, and you accumulate years and years, and finally, you got your 20, 25 years; you retire, and that's the game. That's the name of the game, and it is very unfortunate. You know why? Because of the taxpayers of this City, because of the residents of this city, because of the kids that play in these parks and that need parks to play, because of the youth that need place -- open spaces where they can go and play baseball and racquetball and, you know, they are the ones that are suffering, and all we can do here is, at every single Commission meeting, do exactly the same thing that we have been doing for the last half an hour. Guess what? By tonight, at 9 o'clock, no one will remember, except the five of us, but no one will remember. The five of us. You know why? Because tomorrow we have to go back to our district, to our residents, and face them, and give them answers. That's the way it is. Commissioner Haskins: Can I say -- Chairman Gonzalez: We have a motion and we have a second. Commissioner Haskins: --just -- can I just -- Chairman Gonzalez: Yes. Commissioner Haskins: -- say one thing? Pete, I understand that you've inherited a mess in this, and -- Commissioner Regalado: So I was right. Commissioner Haskins: -- Ernest, I know that -- I understand, Ernest, that you don't handle the capital improvements, which is a lot of the issues that we've talked about as well today, so it wasn't really fair for you to have to stand up through all of this. There's a lotto be done to make sure that this particular area, the capital improvements area, which on the surface, was making some progress, but I really have real concerns with a lack of response, and the lack of getting things done, and the number of change orders and the costs, as I did in my previous position with the City. I know in Public Facilities, I know that in the Parks Department, I know in the Police Department, I know in the Fire Department a lot of things had had capital dollars involved; people just wanted to -- the departments just wanted to do it themselves because they could get it done faster and cheaper, but when it comes to these large projects that our City ofMiami Page 51 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 community is expecting, they need to get done, and Pete, you've been a breath of fresh air. I've had my say today, until we get to those no -bid contract items, but I want you to understand that I don't think anybody up here is saying it's your fault that we're at this stage. I think you're hearing from everyone is a real frustration that we need to get it fixed. Chairman Gonzalez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: This require a four fifth vote. Anyone in opposition? Seeing none, motion carries. PH.4 06-01883 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("BTC"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE TO PROVIDE SAID SPORTS DEVELOPMENT PROGRAM FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, WITH AN OPTION TO RENEW FOR A ONE-YEAR PERIOD, WITH THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675, FOR FISCAL YEAR 2006-2007, FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 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-06-0661 Chairman Gonzalez: PK 4. Ernest Burkeen (Director, Parks & Recreation): This is a resolution authorizing an agreement with the Belafonte Tacolcy Center to operate sports development programs at Belafonte Tacolcy Park. Chairman Gonzalez: All right. This also requires a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public City ofMiami Page 52 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 hearing is closed. Commissioner Spence -Jones: So moved. 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. PH.5 06-01790 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Development AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; RATIFYING THE ISSUANCE OF THE WORK ORDER BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS TO PROFESSIONAL ENGINEERING AND INSPECTION COMPANY, INC. ("PEICO"), PURSUANT TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL/COASTAL ENGINEERING PROFESSIONAL SERVICES DATED MAY 11, 2004, TO PERFORM THE REMEDIATION WORK REQUIRED FOR THE PROJECT ENTITLED "IMPLEMENT SOURCE REMOVAL PLAN -CIVIC TOWERS," IN AN AMOUNT NOT TO EXCEED $99,977.70; FURTHER AUTHORIZING THE PAYMENT OF $99,977.70, TO PEICO; ALLOCATING SAID FUNDS, FOR FISCAL YEAR 2006-2007, FROM ECONOMIC DEVELOPMENT CONTRACT NO. K-0400339, WORK ORDER NO. 30. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez R-06-0662 Chairman Gonzalez: All right. PH. 5. I had a concern with this item at the other Commission meeting. It has been clear. I don't have a problem. I don't know if any of you had a problem with it. Its a straightforward. This re-- could you read the item? Mr. Manager, will you help him out with this item, PH 5? What we're doing here is we're paying some mitigation, right? Pedro G. Hernandez (City Manager): Right. It's a resolution to approve an emergency finding to allow the use of engineering contractor, Professional Engineering and Inspection Company, PEICO, to complete site remediation activities at the Civic Tower site, located at 1855 Northwest 15th Avenue. 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? City ofMiami Page 53 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Haskins: So moved. Chairman Gonzalez: We have -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye. " Those -- Vice Chairman Sanchez: One "no. " Chairman Gonzalez: One "no. " PH.6 06-01792 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AFTER AN Police ADVERTISED PUBLIC HEARING AS REQUIRED BY THE CITY COMMISSION, PURSUANT TO RESOLUTION NO. 06-0256, ADOPTED APRIL 27, 2006, AUTHORIZING THE PURCHASE AND INSTALLATION OF CLOSED CIRCUIT TELEVISION CAMERAS AT PUBLICLY DISCLOSED LOCATIONS, UTILIZING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ03-605674-16A, FOR COMPUTERS (BRAND NAME), PERIPHERALS, SOFTWARE, AND RELATED SERVICES (TECHNOLOGY PRODUCTS), EFFECTIVE THROUGH APRIL 30, 2006, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY U.S. COMMUNITIES, OR UTILIZING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ06-814063-10A, FOR HOMELAND SECURITY EQUIPMENT, PUBLIC SAFETY EQUIPMENT AND RELATED SERVICES, FOR THE DEPARTMENT OF POLICE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $400,000, WITH ALL PURCHASES BEING SUBJECT TO BUDGETARY APPROVAL ONLY. 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-06-0663 Chairman Gonzalez: All right. PH 6. Do we have the police here? Yes. Deputy Chief Frank Fernandez: Good evening, Commissioner. Frank Fernandez, deputy chief, Miami Police Department. Before you is a resolution to accept the closed circuit TV (television), also -- otherwise known as CCTV (Closed Circuit Television). As you all aware, we came before you on July to accept the grant or the contract with --for the acceptance of the CCTV. You asked for us to comeback before the Commission to allow for a public hearing to address any concerns the public may have. We have briefed all your staff, all yourself on the CCTV. If you'd like -- Chairman Gonzalez: All right. City ofMiami Page 54 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Deputy Chief Fernandez: -- Mr. Chairman, I could give a full briefing. Chairman Gonzalez: We have -- I don't know if any of the Commissioners -- we -- I was brief -- Vice Chairman Sanchez: I'm OK with it, and as a matter of fact -- Chairman Gonzalez: -- and I'm OK with it. Vice Chairman Sanchez: -- when you're done, I'm prepared -- Commissioner Regalado: Yes. Vice Chairman Sanchez: -- to make the motion. Commissioner Regalado: Mr. -- Commissioner Spence -Jones: I'd like -- you have a question? Commissioner Regalado: No, no. I don't have at all. I think it's a good idea. Chairman Gonzalez: I think so, too. Commissioner Regalado: I think it's a good idea. Chairman Gonzalez: You know, one thing that I said in reference to these cameras is that I hope that we were able to use some of these cameras, Mr. Manager, and maybe not the same cameras, but some type of system like this in places where they accustom to do illegal dumping constantly. You know, we should be able to install some cameras and monitor the place and -- because once we catch two or three people doing that, they will stop. Deputy Chief Fernandez: Commissioner, if l may. We're actually going to install those type of cameras under a different funding, under the cost recovery for the environmental detail. Chairman Gonzalez: Oh, great. Deputy Chief Fernandez: That'll be something separate. This is through the Homeland Security grant. Chairman Gonzalez: Great, great. Commissioner Spence -Jones: And I just -- Chairman Gonzalez: Yes, Commissioner. Commissioner Spence -Jones: -- wanted to add on it. It does -- I notice it says public safety equipment. I'm fine. Did we move -- did we --first of all, did we second -- did you get a second already? Vice Chairman Sanchez: There's a motion and a second for the record. Priscilla A. Thompson (City Clerk): No, there isn't. Commissioner Spence -Jones: Oh. City ofMiami Page 55 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: All right. Chairman Gonzalez: No, we don't have a motion. Commissioner Spence -Jones: I'll go ahead and second it, but I do want to just make -- Ms. Thompson: Let me -- Commissioner Spence -Jones: -- sure I put something on the record. Chairman Gonzalez: All right. We have a motion and we have a second. Ms. Thompson: Is it Sanchez --? Chairman Gonzalez: Discussion. Vice Chairman Sanchez: I made the motion, yes. Ms. Thompson: Thank you. Commissioner Spence -Jones: OK. I just want to make sure -- and I want to just add on to what the Chairman has said, and I do know that you communicated that this -- these dollars are strictly for homeland security -related initiatives. You and I, Chief, have had a discussion about how important it is, especially with Overtown being so close to the downtown area, if there's any way that we can make some of those cameras stretch in that particular area, like the 11 th Street corridor, off of where we currently have the Metrorail system happening right there, I would greatly appreciate it, because I think that having the cameras and the presence there will actually help eliminate some of the serious issues that we're having from a standpoint of drugs and crime that close to downtown, so I would really, really want to make sure that I have that commitment from you to make that happen. Deputy Chief Fernandez: Commissioner, as we've spoken before, within the restrictions of the Homeland Security grant, we're going to extend this out as far as we can. To give you a quick snapshot, it's kind of like a "T. " We want to start at the nucleus at Bayfront Park, working our way down Flagler Street, Biscayne Boulevard to the north, encompassing the PAC (Performing Arts Center), south on Brickell, downtown Coconut Grove, and then work our way into other neighborhoods, such as what you were talking about, different challenges, and criminal and homeland security issues as well. Chairman Gonzalez: Very well. We have a motion and we have a second. It's a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. 10:30 A.M. PH.7 06-01884 RESOLUTION City ofMiami Page 56 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT Development PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN THE TOTAL AMOUNT OF $81,580.19, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI'S DEPARTMENT OF COMMUNITY DEVELOPMENT FOR RELOCATION RENTAL ASSISTANCE FOR TENANTS DISPLACED BY PROPERTIES ACQUIRED BY THE MODEL CITY TRUST/ CITY OF MIAMI SINCE NOVEMBER 2, 2004. 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 Absent: 1 - Commissioner Haskins R-06-0647 Chairman Gonzalez: Let's take the -- I know that we have two items on PZ (Planning & Zoning). We're going to be taking them in a few minutes. Let's take PH 7. PH 7, Mrs. Rodriguez. Barbara Gomez -Rodriguez (Director, Community Development): PH 7, we're requesting approval to transfer the HOME (Home Investment Partnership Program) funds to the Department of Community Development for relocation rental assistant [sic], and they're coming from the Model City Trust, and this was money left over from the 1999/2000 funding. Commissioner Spence -Jones: So moved. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- that wants to speak on the item, please come forward. Vice Chairman Sanchez: Barbara, where's the money coming from? Ms. Gomez -Rodriguez: It used to be under Model City. We're taking it away from Model City - - it was the last remaining dollars -- and it's coming to Community Development for relocation assistant [sic]. Vice Chairman Sanchez: For relocation, OK. Chairman Gonzalez: Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Do I hear a motion? Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 57 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 PH.8 06-01885 RESOLUTION 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, IN THE TOTAL AMOUNT OF $42,750, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT LONG TERM RENTAL ASSISTANCE ("LTRA") PROGRAM; ALLOCATING SAID FUNDS, TO SUNSHINE FOR ALL, INC., TO PROVIDE LTRA SERVICES, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO AN ADDITIONAL TWENTY FIVE CLIENTS, INCREASING THEIR CASELOAD TO ONE HUNDRED TWENTY-FIVE, FOR THE 32ND PROGRAM YEAR BEGINNING OCTOBER 1, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT, WITH SUNSHINE FOR ALL, INC., FOR SAID PURPOSE. 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 Absent: 1 - Commissioner Haskins R-06-0648 Chairman Gonzalez: PH -- Barbara Gomez -Rodriguez (Director, Community Development): P -- Chairman Gonzalez: -- 8. Ms. Gomez -Rodriguez: PH. 8, we're requesting a transfer ofHOPWA (Housing Opportunities for Persons with AIDS) funds to Sunshine for All, Inc. We are requesting from the City of Miami Department of Community Development Long Term Rental Assistant [sic] Program, our HOPWA program, 42,750, and to transfer it to Sunshine for All to serve an additional 25 AIDS (Acquired Immune Deficiency Syndrome) client. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. This is also a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PH.9 06-01886 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE EXTENSION AND ROLLOVER OF Development ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, THAT WERE NOT COMPLETED DURING FISCAL YEAR 2005-2006, THAT ENDED SEPTEMBER 30, 2006, TO THE CURRENT FISCAL YEAR 2006-2007, City ofMiami Page 58 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 ENDING SEPTEMBER 30, 2007; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO AMEND THE EXISTING AGREEMENTS WITH SAID AGENCIES, FOR SAID PURPOSES. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins R-06-0649 Chairman Gonzalez: PK9. Barbara Gomez -Rodriguez (Director, Community Development): PH. 9, we're requesting transfer of contracts from September 30, 2006 and extend their contract to September 30, 2007, and the list of contracts are the City ofMiami Department of Off -Street Parking, 187,214.91; City ofMiami Department of Off -Street Parking for the Model City parking lots, 3 73, 242.64; City ofMiami Department of Off -Street Parking for the Alternative Program parking lot, 150, 000; Miami Bethany Community Service, 52,204; The Association for the Development of the Exceptional, 144,124.04; City ofMiami CIP (Capital Improvements Program), the Floral Park, 308,037.77; City ofMiami CIP for the 20 Street improvement -- street improvement, 300, 000; Allapattah Wynwood Community Center, 171,645. 01; and IDS, Inc., 155,491. 70; and it's extending the dollars. It's not awarding them new dollars. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Vice Chairman Sanchez: So move -- Commissioner Regalado: Move it. Vice Chairman Sanchez: -- Mr. Chair. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.10 06-01887 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $50,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT'S COMMERCIAL CODE COMPLIANCE PROGRAM AND THE AMOUNT OF $70,000, FROM TARPUN BAY USA, INC. FOR A TOTAL AMOUNT OF $120,000; ALLOCATING SAID FUNDS TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; AUTHORIZING City ofMiami Page 59 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS WITH SAID AGENCIES, FOR SAID PURPOSE. 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-06-0650 Chairman Gonzalez: PH 10. Barbara Gomez -Rodriguez (Director, Community Development): PH 10 is awarding Housing Quality Standard Inspection Services for Section 8 and HOPWA (Housing Opportunities for Persons with AIDS) Program. This is based on an RFQ (Request for Qualifications) that was put out on April 3, and we're saying that we want to fund the Allapattah Business Development Authority, Inc. $60, 000; Sunshine for All, $60, 000; and the money's coming from the City of Miami Department of Community Development Commercial Code Compliance Program that ended September 30 -- Taipun Bay USA, Inc.,$70, 000. Vice Chairman Sanchez: So moved. Chairman Gonzalez: All right. Commissioner Spence -Jones: OK -- Chairman Gonzalez: This is -- Commissioner Spence -Jones: -- one second, real fast, if you don't mind. Commissioner Regalado: Second. I second. Commissioner Spence -Jones: I just want to make sure that -- I know that one of the oldest Bahamian restaurants that is also located in my area -- Barbara, you could just put on the record because I understand that you were able to come up with some sort of agreement with them. If you can at least put that on record so they can be assured that we are going to move in the direction to make sure that that building gets rehabbed. At this point, though, we're just shifting the dollars so that at least some of these other projects can get done because we've been waiting for a while from them to get what we needed since 2003. Ms. Gomez -Rodriguez: We've been working with Tai pun Bay from October 2003. Yes, we do have a commitment that we will bring it back December 14 Commission meeting, if they can bring us that -- everything, and they're ready to go, yes. Commissioner Spence -Jones: OK. All right, so you have -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- you guys have a commitment that that will happen? Unidentified Speaker: Right. Commissioner Spence -Jones: OK. Commissioner Regalado: One -- City ofMiami Page 60 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Unidentified Speaker: Yes. We do have their commitment (UNINTELLIGIBLE) -- Commissioner Regalado: -- Mr. Chairman, one thing is -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Regalado: --for sure, we really need inspection of the Section 8 vouchers and the buildings. There is some issues with the Section 8 vouchers of the City ofMiami that we really need this inspection as soon as possible because we have a building in the southwest -- in the Shenandoah area, Section 8, that needs to be inspected, the sooner, the better because if we do not have the compliance of the owners, then we're just wasting the money. These people are living in inhumane conditions. Commissioner Spence -Jones: And that is -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- the reason, Mr. Chairman, why we're shifting the dollars to make sure that we handle a housing issue that is really, really important. We are -- I keep calling you -- wanting to call you Commissioner today. Commiss -- Ms. Rodriguez -- Ms. Gomez -Rodriguez: There you -- Commissioner Spence -Jones: -- we would like to make sure that the $20, 000 of invoices that they do have can be forwarded to you to -- Ms. Gomez -Rodriguez: I did tell them they still have $20, 000 in the contract, and if there are invoices that they have paid, we can pay those. Commissioner Spence -Jones: OK, no problem, so we'll see it in December. Thank you guys for coming. Leroy Jones: But, Commissioner -- Ms. Thompson: Excuse me. I need your name for the record. Mr. Jones: Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. She said they have $20,000 left in they [sic] contract. It's more than that. She going to pay the 20, 000 they accumulated now, and then the rest of the money is going to come up in December? Because the language here is not clear, and I don't want -- Commissioner Spence -Jones: But that's what we just -- Mr. Jones, that's what we just put on the record, that they'll go ahead and -- she'll go ahead and make sure you get reimbursed for the 20, 000 that you've already spent that's already sitting there. All you have to do is produce those receipts to her office, and they'll reimburse you for that. We'll bring the item back again in December, and we'll address the rest of it. Mr. Jones: OK, but -- and I won't -- and I'm going to close with this. I want to be perfectly clear that most of -- 98 percent of the complications this project had had nothing to do with Tarpun Bay. This project done had three contract officers on it in the City, and each time they submit stuff, it's something else and something else and something different. Three different people with three different mind -set, so I don't want us leaving here thinking that the City taking they money because they did something wrong. City ofMiami Page 61 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Spence -Jones: Well, but -- Mr. Jones: It was the City. I just want to be clear -- Commissioner Spence -Jones: Yeah. Mr. Jones: -- because -- see, a lot of times we get up here and it's not clear about the situation Commissioner Spence -Jones: Mr. Jones. Mr. Jones: -- and then when we leave, we leave with a bitter taste. Commissioner Spence -Jones: OK. Mr. Jones, I want to be -- I also want to be very clear. I've been working with them from the begin -- since I've been in office on this issue, and clearly, there might have been some issues from CD (Community Development) that might have created some of the holdup, but also, I'm sure that Tarpun Bay can also acknowledge that there were some things that they needed to have completed that was not, so I think fault lies on both sides of the river on this, so I think that we have come up with a happy compromise, and I think that we should take this happy compromise and deal with it in December. Thank you. Mr. Jones: All right. Chairman Gonzalez: All right. Anyone else -- Unidentified Speaker: Thank you, Commissioner. Chairman Gonzalez: -- from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed. We had a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PH.11 06-01888 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $50,500, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT -DISTRICT FIVE RESERVE ACCOUNT; ALLOCATING SAID FUNDS, IN THE AMOUNT OF $32,800, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP. ("RHHED"), AND THE AMOUNT OF $17,700, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FAQADE PROGRAM AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, WITH RHHED, FOR SAID PURPOSE. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 62 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0651 Chairman Gonzalez: PH H. Barbara Gomez -Rodriguez (Director, Community Development): PH 11, we're requesting approval to transfer District 5 commercial fagade, and this is from the City ofMiami Department of Community Development District 5 reserve, 50,500, and to fund Rafael Hernandez Housing and Economic Development for a commercial fagade program, 32,800, and City ofMiami Department of Community Development for the hard costs, 17,700. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion -- Commissioner Haskins: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PH.12 06-01889 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE Development AMOUNT OF $75,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT -MIAMI RECOVERS PROGRAM; ALLOCATING SAID FUNDS TO PARTNERSHIP FOR RECOVERY, INC., TO ASSIST ELIGIBLE CITY OF MIAMI RESIDENTS DAMAGED BY THE 2005 HURRICANE SEASON, WITH ROOF REPAIRS AND ROOF REPLACEMENTS, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS WITH PARTNERSHIP FOR RECOVERY, INC., FOR SAID PURPOSE. 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-06-0652 Chairman Gonzalez: PH 12. Barbara Gomez -Rodriguez (Director, Community Development): PH 12, on June 8, the City Commission directed the Administration to consider partnering with the Blue Roof Program, exclusively for the City ofMiami residents. We've been working with them, and we're here to request that you let us fund the Blue Roof Program $2,500 per roof. They will replace the roof, City ofMiami Page 63 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 and they --it's an average of $11, 000 per roof. This will be transferred funds from the Miami Recovery account, $75, 000, and to fund the Partnership for Recovery, Inc., and I think there's representative here. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on the item, please come forward. Morning. Commissioner Haskins: Hey, Ron. Ronald Book: Mr. Mayor, members of the Commission, for the record, Ron Book, 2999 Northeast 191 Street, Penthouse 6, in Aventura. As chairman of Partnership for Recovery, I will be brief, but I am here to answer questions. As most of you know, we embarked, after the storm last year, on a program to create a 501(c)3 in this community called Partnership for Recovery. In the first phases of Partnership for Recovery, we were out there trying to move those people who were otherwise living in condemned housing, in housing that should have been red -tagged and condemned, but maybe had not been, and our job through the end of the year was to move people into habitable housing. We did that; we got that accomplished. We raised funds from the private sector. We raised some funds from the public sector and we did that. What we found out is, after the first of the year, there were lots of people who continued to want to live in otherwise uninhabitable housing because they did not want to leave their belongings, and what we found was that there were a lot of people who had -- these were people who largely had blue roofs, but were impoverished individuals in our community, people who did not have insurance, people who had been turned down by FEMA (Federal Emergency HanagementAgency), who had been turned down by the State, who had been turned down by the County, and with the help ofMr. Bruce Turkel, we sort of recreated ourselves into a program called No Blue Roofs. We went out to the private sector and raised a bunch of money. We went to the County and raised a bunch of money. We went to the State, through some money that had come down from the federal government, and raised a bunch of money, and we began a program in late spring called No Blue Roofs, and we've created an application process, and we went out to get those people who, otherwise, had no ability to replace their blue tarp roofs with a roof, and the program is designed to take care of those who primarily are the poor people in our community, lots of elderly, lots of disabled individuals. We are now on the tail end of phase L We are moving into phase IL We have already gone out with the second application period, and we are in the process -- our staff is in the process of evaluating those applications to make certain they meet our criteria. What we did, as we were moving through the program, there were some of those people who got a few dollars in insurance. They got a few dollars from FEMA. We made those people give those dollars to us. They were people who might have gotten a thousand dollars or fifteen hundred dollars, but didn't have the other nine thousand dollars it took to fix their roofs. Well, they turned those dollars over to us, and our goal was to leverage as many dollars as we could. In addition to that, we went out to many of the cities that had people with roofs that had qualified under our program, and we asked those municipalities to help us as well. We went to the City ofMiami Gardens. We went to North Miami. We went to North Miami Beach; went to Hialeah. We came to the City of Miami, and what we did is we asked each governmental body to make a contribution, up to $2,500 a roof, to help us get the roofs repaired in their community. In the City ofMiami, in phase I, we had about 40 -- I think there were 47 roofs that originally -- individuals or families who originally applied to have roofs done. We certified 43. Over time, several people dropped out, or through the rereview of the criteria, didn't meet it. We ultimately certified 34 individuals or families in the City ofMiami. In phase II, we have 35 individuals or families in the City ofMiami in this application process, and what we're before you today to ask is that you make final approval to an allocation of $2,500 a roof to our program, which allows us to plow more money back into the program, which allows us to replace that many more roofs. It is costing us approximately $11, 000 a roof to replace roofs. Our program only does the roof. That's all we do. We don't record a lien. We don't require the people to pay it back. These are City ofMiami Page 64 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 poor folks in our community, and again, what we found is they are largely the elderly and the disabled. You have another program that the City runs that allows you to go in, and those individuals that qualify under your criteria, which is basically our criteria, and you go in and give them an opportunity to rehab the balance of their houses. Ladies and gentlemen of the Commission, if we don't do this, these are people who will ultimately end up out on the streets. These are people -- you've seen the same news stories we've seen. When it rains, it pours inside their house. When it rains, their ceilings come down. When it rains and the water comes in, then they're put in life's danger with the electrical problems. I appreciate you giving me an opportunity to address you. We would appreciate your favorable consideration of the request. I'd be glad to answer any questions that you might have. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: So move. A motion has not been made. Commissioner Regalado: Second. Mr. Chairman. Chairman Gonzalez: We have a motion and we have a second. Commissioner Regalado. Commissioner Regalado: Just wanted to thank Ron Book. I serve in the Homeless Trust. He is the chairman, and this item has been discuss several time at the Homeless Trust, and he also is the chairman, and his idea is what prompted that I brought to the City Commission, about five month ago, a request for the City to participate. I have seen the numbers. I have seen the kind of people that we're helping through the Blue Roof program throughout the County, but especially in the City ofMiami, and I tell you, these are the poorest of the poor. We are lucky that we haven't had a hurricane this season because if we had, those people would not have a home right now. I have seen pictures and I have seen -- and I know the addresses, and Ron, thank you very much. I mean, you are -- Mr. Book: Thank you, Commissioner. Commissioner Regalado: -- you're always looking here and there to help people through the Homeless Trust and now through the Blue Roof, and I think that this is -- what we're doing here is we are securing the future of several dozens family. What we're doing here is that we are preempting the possibility that the Homeless Trust will have to house those families in a shelter come the next rain, so I thank you for your -- Mr. Book: Thank you. Commissioner Regalado: -- initiative. Mr. Book: Thank you. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: That concludes the -- this section of the public hearing. Barbara -- Ms. Gomez -Rodriguez: Thank you very much. Chairman Gonzalez: -- we hope that your mother does -- City ofMiami Page 65 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: Yes. Chairman Gonzalez: -- OK. Commissioner Spence -Jones: Yes, Barbara. Chairman Gonzalez: We'll be praying for you and for her. City ofMiami Page 66 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 ORDINANCES - FIRST READING FRA 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: (1) MEMBERSHIP QUALIFICATIONS, (11) THE TIME IN WHICH THE CITY COMMISSION MAY REJECT AN APPOINTEE FOR OFFICE, (111) 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. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: All right. FR. 1. That's your item, right? FR. 1. Go ahead. Dana Nottingham: Good morning. The Downtown Development Authority Board has approved changes to their bylaws -- Priscilla A. Thompson (City Clerk): IfI can get a name -- I'm sorry. IfI can get a name -- Mr. Nottingham: My name is -- Ms. Thompson: --for the record. Mr. Nottingham: -- Dana Nottingham, executive director of the Downtown Development Authority. Our board has approved changes to its bylaws that requires clarifications to two chapters in the Codes. Those clarifications are listed in the ordinances. There are two ordinances here, one for each chapter in the Code. Do they need to be read? If so -- Jorge L. Fernandez (City Attorney): Yes -- Mr. Nottingham: OK. Mr. Fernandez: -- but first, open to the public. Chairman Gonzalez: Go ahead, Mr. City Attorney. Would you read it, if you have it? Let's move. Mr. Fernandez: Yes, but this is a -- Commissioner Spence -Jones: Public hearing. Mr. Fernandez: --public hearing. Commissioner Spence -Jones: You have to (UNINTELLIGIBLE) -- City ofMiami Page 67 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: I make a motion. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Yes, read the -- Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. FR.2 06-01775 ORDINANCE First Reading Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Development 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, Authority FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY 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. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones Chairman Gonzalez: FR.2. Jorge L. Fernandez (City Attorney): FR.2 is the necessary changes that need to be made to the other ordinance to accommodate the specific changes that were made to the DDA (Downtown Development Authority) ordinance. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- to the Commission. We have a motion. Is there a second? Commissioner Haskins: Second. City ofMiami Page 68 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: We have a second. Read the ordinance. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. FR.3 06-01956 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), APPROVING AN AMENDMENT TO THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT," TO INCREASE THE OFF-DUTY POLICE ROVING PATROL SERVICES FROM SIXTEEN HOURS TO TWENTY-FOUR HOURS PER DAY, FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING NECESSARY EXPENDITURES FOR SAID ROVING OFF-DUTY POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. FR. 3. Commissioner Haskins: This is a special taxing district for Bay Heights Roving Security Guard. I'll move it. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. " Commissioner Regalado: It's an ordinance. Priscilla A. Thompson (City Clerk): It's an ordinance. Chairman Gonzalez: Those opposed have the same right. Jorge L. Fernandez (City Attorney): It's an ordinance. Commissioner Regalado: Ordinance. City ofMiami Page 69 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: Oh, it's an ordinance. Mr. Fernandez: Yes. Ms. Thompson: Yes. Chairman Gonzalez: I'm sorry. Mr. Fernandez: And you need to invite the public. Chairman Gonzalez: OK. It's also a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Please read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City ofMiami Page 70 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 RESOLUTIONS REA 06-01899 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, tation 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "JOSE MARTI GYMNASIUM PROJECT NO. B-35857," TO AUTHORIZE THE CONSTRUCTION WORK FOR STAGE 2 OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $6,380,000, INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $4,060,000, TO AN AMOUNT NOT TO EXCEED $10,440,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $4,333,300, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-35857, AND $2,046,700 FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-35857 CONSISTING OF VARIOUS FUNDING SOURCES. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, 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-06-0666 Chairman Gonzalez: OK. RE]. Gary Fabrikant: Gary Fabrikant, Department of Capital Improvements & Transportation. RE.1 is an amendment to the contract with James Pirtle for the Jose Marti gymnasium. This item was originally on the September 12 agenda, and was withdrawn with a request for the City Manager to have an independent verification of the GMP, the guaranteed maximum price, that was provided by James Pirtle, in the amount of $10,440, 000. The international firm of Faithful and Gould, who specializes in cost estimate -- cost -- construction cost estimating was hired, and did an analysis of the guaranteed maximum price. Their finding was that the price being offered was 2.8 percent less than what can be expected in the South Florida market, so the determination was that the price was fair and reasonable. Chairman Gonzalez: All right. Commissioner Haskins: So we had to pay a consultant to validate the consultant that had come up with the original amount that is now nearly double? Mr. Fabrikant: That was the request of the City Commission. Commissioner Haskins: OK. Vice Chairman Sanchez: And let me just -- Mr. Chairman, if I may. Chairman Gonzalez: Yes, sir. City ofMiami Page 71 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: Let me just try to maintain my decorum on this. This is probably --I like to tie all the three items that our biggest CIP (Capital Improvements Program) projects to be fair on this. I think Commissioner Haskins addressed a concern that we had. I was the one that spoke with the City Attorney -- City Manager, and was very concerned with this project going from one cost to another. I mean, it started off at five million and it ended up at ten, and I could speak from my projects in my district because I've been very involved in it, but you know, it all boils down to fiscal responsibility, and once again, having good communication with the departments to make sure that we are well informed of what's going on, because as it always is, we're the ones that have public meetings, have to deal with the constituents that are inquiring about these big-ticket items that they voted in a referendum, and they want to see done as quickly as possible, but when you can't give them a straight answer -- because sometimes I can't get a straight answer after certain departments, and I guess today is just going to have to be the day that I'm the bad guy, but you know, it's very hard at times to not get the facts when it pertains to these projects. The gym started off atone price; they went through the whole thing; it came back, and now this project is at $10 million. I was the one that asked. I said, look, I want someone to tell me that the project itself is costing that, and that's exactly what it is, because I'm not a pro, and I certainly couldn't get a straight answer from the Administration on the issue, so they went out and they got a consultant or a professional to come back and say that the 10 million price tag is within the 2.4 of the ongoing rate for the structure, all right. Now, let me tell you what we cannot do is we're in no position to say, OK, stop everything; go back; redesign everything; come back. I wanted it within 5 million, because you know what? Chairman Gonzalez: It'll be another ten years. Vice Chairman Sanchez: We will be doing a tremendous injustice to the people that voted for these projects, so once again, we're put in a very awkward situation, a very awkward situation to say, look, now it's $10 million. So what? What are we to do? Now we've got to get this project done, and since we're -- it's that amount of dollar -- all that I'm asking is that I want to make sure that these projects are done as quickly as possible so people could see, because you know what? How do you justify to somebody that a project went from 5 million to 10 million? You should have told me at the beginning, look, it's 5 million; it's going to be 10 million, and you know what? I guess we've learned from our mistakes. I guess that growing pains in the City that, for the first time, I had an opportunity to bond out $255 million for big-ticket items, but I hope that we've learned from this, and I'm not comfortable. I am not comfortable with this. It's -- basically, I get information after the facts, and I think that we need to be preactive [sic] in many cases on these items instead of being proactive [sic], so I'm just letting out steam, but I'm sure that the other Commissioners are going to agree with me on the issue. Commissioner Haskins: I understand what you're saying, and I know that once you start going down the track, you got to go down the track, but we hired consultants. We've given support to the area, as much as we possibly can, to bring in consultants, professionals, that we're paying a lot of money for, a lot of money for to do the job for us, and they didn't do the job for us on this, and then it comes down to credibility with the public, because the no -bid contracts all to firms that were clients of the same lobbyist was an issue here. It was an issue in the public eye. There were lots of commitments made. Those commitments have not been lived up to. We now have $34 million of no -bid contracts given to all clients of the same lobbyist that now have 17 million in change orders. That's not appropriate. There's something wrong, and then you have the issue of what's going on? Where is this money coming from? I know where this money is coming from. It's dipping into the interest earnings from the unspent money and all of that. All of that is drying up because we didn't spend the money within the three-year period, and now we're on yield restriction, so we can't make interest earnings on the unspent money, and what happens? I got Clemente Park; I can't get a little building rebuilt. I've got a splash park in Morning -- in Kennedy Park I can't have. Doesn't cost a lot of money. I've got flooding in City ofMiami Page 72 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Morningside. That's a higher ticket item that's not getting fixed. This is 34 million and no bids to start out with, and now $17 million in change orders, and we're talking about being happy today that from Bayfront, we're getting $500, 000. Just think how happy we would all be if we had $17 million to spread between our districts and what we could do with our parks, and that's where I have the problem. We have credibility issues. Maybe we should bring in a consultant to review the whole area -- CIP area and tell us what in the heck is going on, because something is very wrong here. If we've spent -- how much have we spent on consultants now? In excess of $20 million to facilitate, right? Chairman Gonzalez: Probably over 30. Commissioner Haskins: Probably over $30 million now to facilitate capital improvement projects, and we have 100 percent error rates or 50 per -- this is a 100 percent error rate on a project. On the total of no -bids, it's a 50 percent error rate, so -- Pedro G. Hernandez (City Manager): No, no, no. Commissioner Haskins: -- I have issues. Mr. Hernandez: Commissioner, if l may. I mean, I need to answer to that because I don't think that -- I don't know whether there's an error rate or not. I can speak to the fact that the projects are worth what we're paying for. We're getting the value for the money. There's an issue, as Commissioner Sanchez mentioned before, on communication. When the project was initiated and they began the design, they had an allocation of, let's say, $5 million, without completing the design and without providing a final construction estimate, which is what's happening now, and that was not properly communicated to the Commissioner at the right time or to this whole Commission. I can attest that the price is there; that we're getting our money's worth. Now the process itself is probably wrong from the beginning, but I can't do anything to fix that now. I've got to move forward -- Vice Chairman Sanchez: Yep. Commissioner Haskins: And -- Mr. Hernandez: -- to get this project done. I want to be under construction in January and get this done as soon as possible. Commissioner Haskins: -- Pete, I understand that, but I want you to understand my perspective from -- and from the public's perspective. We were --these people were given a no -bid guaranteed maximum price contract, where they were supposed to design and build within this number. Now they have a no -bid contract guaranteed maximum price. They -- something got designed that was much bigger than the original scope. Who was minding the hen house? Vice Chairman Sanchez: A fox. Commissioner Haskins: And since these people came in with a no -bid to begin with, did we always know -- did somebody around here always know it was going to be a lot more than what they were scoping out, and that's the question that I have? Something doesn't smell right. As Dr. Henry Lee said in the O. J. Simpson trial, "Something wrong here. " That's all I'm saying, and there is something wrong. Chairman Gonzalez: All right -- Commissioner Haskins: They're designing it -- City ofMiami Page 73 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: --and I -- Commissioner Haskins: -- and it's off. Chairman Gonzalez: -- have to say that yeah, it was something wrong on the Simpson case; they planted a glove. It was something wrong; they planted a glove. There was something wrong; they planted a glove. All right. RE.1, did we hear a motion? Vice Chairman Sanchez: I already made the motion. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " Those opposed have the same right. Commissioner Haskins: No. Chairman Gonzalez: OK. We have one "no. " RE.2 06-01900 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Programs/Transpor "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, tation 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "LITTLE HAITI PARK CULTURAL CENTER, PROJECT NO. B-3029511, TO AUTHORIZE THE CONSTRUCTION WORK FOR STAGE II OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $8,900,000, THEREBY INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $5,060,000 TO AN AMOUNT NOT TO EXCEED $13,960,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $5,693,319, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-30295, AN AMOUNT NOT TO EXCEED $1,183,681, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30295, AND THE REMAINING BALANCE OF $2,023,000, FROM PROJECT B-30295. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, 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-06-0667 Chairman Gonzalez: RE.2. Gary Fabrikant (Assistant Director, Capital Improvements & Transportation): RE.2 is an amendment to accept the guaranteed maximum price from James Pirtle Company for Little Haiti Cultural Center, in an amount not to exceed $13,960, 000. This is similar to RE.1, where the City Manager was asked to independently verify the costs. The firm of Faithful and Gould did conduct that study, and determined that the cost was within 1.42 percent of current market conditions. City ofMiami Page 74 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: All right. Do we hear a motion on RE.2? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Vice Chairman Sanchez: It's going to be another "no. " Commissioner Haskins: Ditto my comments. Chairman Gonzalez: All in favor, say "aye. " Vice Chairman Sanchez: Even louder. Chairman Gonzalez: Aye. Four "ayes, " one "no. " Commissioner Haskins: No. Priscilla A. Thompson (City Clerk): Chair, if l might. I'm sorry, we did not record a seconder for your RE.1. I have a mover. I didn't have a seconder. Vice Chairman Sanchez: Well, it doesn't matter. I made -- she moved it and I second it. Ms. Thompson: OK. Thank you. Vice Chairman Sanchez: For the record. Chairman Gonzalez: Commissioner Jones [sic] made the motion and Vice Chairman Sanchez second the motion. RE.3 06-01717 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), TO CONSIDER A REQUEST FROM SARMIENTO ADVERTISING GROUP, LLC, ("SARMIENTO"), DATED AUGUST 31, 2006, TO THE CITY MANAGER REQUESTING PRIOR APPROVAL AND CONSENT OF THE CITY COMMISSION TO APPROVE THE SALE AND TRANSFER OF ONE HUNDRED PERCENT (100%) OF SARMIENTO'S STOCK TO FUEL MIAMI, LLC, A DELAWARE LIMITED LIABILITY CORPORATION ("FUEL"), PURSUANT TO SECTION 9.3 AND SECTION 10.8 OF THE AGREEMENT DATED APRIL 18, 2002 BETWEEN THE CITY OF MIAMI AND SARMIENTO FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE; SETTING FORTH THE CONDITIONS FOR SUCH APPROVAL AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN ASSIGNMENT AND ASSUMPTION AGREEMENT WITH SARMIENTO, FUEL, AND FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("FUEL OUTDOOR"), WHICH INCLUDES BUT IS NOT LIMITED TO SUCH CONDITIONS AS SET FORTH BELOW AND AS ARE SATISFACTORY TO THE CITY COMMISSION. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 75 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0665 Chairman Gonzalez: All right. I'm going to do a little bit of jumping here. Let's take RE.3. Vice Chairman Sanchez: RE.3? Chairman Gonzalez: RE.3. Hello. Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.3 is a resolution to consider a request from Sarmiento Advertising Group for the sale and transfer of 100 percent of Sarmiento stock to Fuel Miami, LLC, with conditions. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman, I do have a comment. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: I don't know if -- Chairman Gonzalez: First, let's have -- try to have a motion and a second, and then we'll open the discussion. Commissioner Spence -Jones: I will move the item. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Jones [sic]. Commissioner Spence -Jones: OK. I just wanted to -- and the Manager has really straightened up a lot of this for me, and I feel a lot comfortable after speaking to him and staff regarding the issue. I just want to make sure, as we move ahead -- as you know, bus shelters are a big issue in all of our districts, especially for those that, you know, really use the bus line systems, and I do understand that we're not dealing with the shelter issues right now -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- so I'm fine with us not dealing with the shelter issues, and we're only dealing with the benches at this -- correct? -- Time, right, Mr. City Mana -- Attorney? Jorge L. Fernandez: Um -hum. Commissioner Spence -Jones: OK. I just want to be clear, though, as we make this transfer to the new organization that's taking it over, Fuel, I'm very impressed with some of the work they've done across the country from a billboard standpoint, a mural standpoint. However, I have to say this -- I mean, I can't speak for anybody else's district, but I can speak for my district, and the current bus benches that we do have on the existing contract with the -- with Sarmiento, I mean, I'm very concerned that a lot of the benches within my district are broken up and have issues, and I'm just going to say to the new folks that are taking it over that I really want to make sure that there is a lot of support that goes into making sure that the current bus benches that we have are repaired and properly maintained, because it is a big issue in my City ofMiami Page 76 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 district, so I'm saying to the new guys that are taking it over, you know, in order for me to consider anything else, we need to make sure that the current benches that we have within all of our districts are being taken care of properly -- Ms. Grindell: Absolutely. Commissioner Spence -Jones: -- and that is a concern for me. Ms. Grindell: Absolutely. Chairman Gonzalez: I -- ifI'm allowed, I would like to make a comment on behalf of Sarmiento, and I hope that the next company provides the same type of service that, at least in my district, I've been getting from Sarmiento. Every time I see a bus bench that is broken down, or I get a complaint from a customer -- I'm sorry, from a resident, and I call Sarmiento and report the bench, the next day a new bench is installed, so you know, as far as I'm concerned, the service have been superb. I wish that the next company just -- and I -- that doesn't mean that you don't have problems in your district. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: Maybe the benches haven't been reported properly, but you know, I can tell you that been working with them for the last three or four years, it's been -- you know, you report a bench -- Commissioner Spence -Jones: Well, I'm glad -- Chairman Gonzalez: -- and the next day -- Commissioner Spence -Jones: -- I'm so glad it's working for you, but I -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- can honestly tell you -- I can actually tell you some existing locations now where a lot of my seniors have issues with the benches not being maintained properly; broken, you know -- even what we decided to use, the wooden benches or whatever the case may be, it's just -- it's inadequate, so I just want to make sure that this new relationship that we have with Fuel, you know, as we move ahead, that we consider all these things. I mean, I'm glad that the Chairman has had a great experience or a great relationship with them from the standpoint of them following through. I'm just telling you what's currently happening within my district. Ms. Grindell: We'll go out and do an inspection, but I will say that I have had exactly the same experience with Sarmiento; within 24 hours, the benches are replaced. Commissioner Spence -Jones: OK. Well, I would definitely make sure -- I'll let you know the locations. Chairman Gonzalez: All right. Ms. Grindell: That'll be great. Commissioner Regalado: Mr. Chairman, just -- Chairman Gonzalez: Yes, Commissioner. City ofMiami Page 77 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: -- I just want to follow your praise of the Sarmiento team. Hopefully, the new team is the old team because the company is merging or being bought, but they're going to keep the -- because it's about the team and the response. Not only we report -- we report directly to them the bus -- whenever there is an accident and someone crashes into a bus bench or whenever someone vandalize one, we report that directly, and they do respond, and in fact, I have to say that recently, there were some old benches in the Smathers senior centers, and one of the seniors got hurt because the County, HUD (Department of Housing and Urban Development), would not change the benches for them to sit. We request from Sarmiento, do you have any old benches that you don't want, and they went and install new benches, so they are good neighbors, and they really work. They didn't have to do that. No one paid them. Actually, this was supposed to be done by the County, but if we wait for the County, I mean, there's no way that we're going to get anything done, so I just want to say on the record that, hopefully, we have a -- we will have a long relationship with the new and the old company. Chairman Gonzalez: They are very busy reading the Herald. Commissioner Haskins: Mr. Chairman, I just want to say that I have to compliment Stephanie and the City Manager. There were a number of bus benches that were requested in District 2, and it was responded to very quickly. Sarmiento got the bus benches there. One of the questions though that I get a lot, because we're in Florida, and it's hot, and it's rainy, where do we stand on bus shelters? Chairman Gonzalez: That's something that we need to consider in the future, right? Commissioner Spence -Jones: In the future -- Pedro G. Hernandez (City Manager): I was -- Chairman Gonzalez: I would like to -- if, please -- because if we going into the discussion and Mr. Hernandez: I'll -- Commissioner Haskins: It's been worked on. Chairman Gonzalez: --forgive me for -- Mr. Hernandez: Yes. Vice Chairman Sanchez: I mean, six hours for bus shelters. Ms. Grindell: Yes, it is. Commissioner Haskins: That's all I need to hear. Mr. Hernandez: Yes. The answer is yes. Commissioner Haskins: OK. Chairman Gonzalez: If we're going to the discussion of the shelters now, we spend another two hours here discussing -- Commissioner Spence -Jones: Yeah -- City ofMiami Page 78 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: --shelters -- Commissioner Spence -Jones: -- please, let's not discuss the shelters tonight. Chairman Gonzalez: -- and we still have -- look what we have. Commissioner Haskins: Yep. Chairman Gonzalez: If we want to get done today with this agenda, we're going to need to move. My only concern with the transfer of the company is that I want to -- it's a new company. I don't know how familiar they are with our City, with our districts. Is there any -- is there going to be any transition period where the actual people that are installing benches and doing maintenance and all that are going to remain? Ms. Grindell: Yes, there are. One of the conditions is that Fuel retain the two main people in the senior management that we've been working with for a period of three years -- Chairman Gonzalez: OK. Ms. Grindell: -- with a six-month transition. Chairman Gonzalez: That was my only concern because I don't want any continue -- the continuity of services, you know, until these people become familiar with the City -- Ms. Grindell: Exactly. Chairman Gonzalez: -- and the neighborhoods and all that. All right. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right Motion carries. RE.4 06-01891 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FY 2006," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $15,980,000, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED THROUGH THE OFFICE OF GRANTS AND TRAINING ("OG&T"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONTIGUOUS COUNTIES, MIAMI-DADE AND MONROE, THE CITY OF HIALEAH, AND THE FLORIDA DEPARTMENT OF HEALTH (AKA MIAMI-DADE COUNTY HEALTH DEPARTMENT), SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE City ofMiami Page 79 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE OG&T THROUGH THE DEM. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0668 Chairman Gonzalez: All right. RE.4. Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting and Performance. RE.4 is a resolution establishing a new special revenue fund entitled "Urban Area Security Initiative, " UASI grant, for the program fiscal year 2006 Chairman Gonzalez: All right. Mr. Spring: The grant -- Chairman Gonzalez: Do we have a motion on that? Its accepting a grant. Commissioner Regalado: Move it. Chairman Gonzalez: Its a no-brainer. Commissioner Spence -Jones: Second. Chairman Gonzalez: All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. You're going to vote 'yes" on that one? Commissioner Haskins: I did vote 'yes" on that one. Chairman Gonzalez: You did? Commissioner Haskins: Yeah. RE.5 06-01892 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING FUNDS RECEIVED FROM THE MIAMI-DADE Improvement COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND Programs/Transpor IN THE TOTAL AMOUNT OF $2,023,000 FOR THE NORTHWEST STORM tation SEWER, ENGLEWOOD STORM SEWER, AND GLENROYAL STORM SEWER CAPITAL PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESPECTIVE PROJECT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS FOR SAID PURPOSES. City ofMiami Page 80 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0669 Chairman Gonzalez: RE.5. Commissioner Spence -Jones: Bond money. Vice Chairman Sanchez: RE. 5. Chairman Gonzalez: Accepting fund from the -- that's also accepting money, so -- Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Wow, we're moving along. RE.6 06-01893 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement CONSENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE Programs/Transpor ATTACHED FORM, ACKNOWLEDGING THE MERGER OF PARSONS tation BRINCKERHOFF CONSTRUCTION SERVICES, INC., INTO ITS AFFILIATE COMPANY, PARSONS, BRINCKERHOFF, QUADE & DOUGLAS, INC., ALLOWING FOR THE TRANSFER OF THE CONTRACT TO PARSONS, BRINCKERHOFF, QUADE & DOUGLAS, FOR THE PROVISION OF MISCELLANEOUS CONSTRUCTION ENGINEERING AND OBSERVATION SERVICES FOR THE CITY OF MIAMI, PURSUANT TO RESOLUTION NO. 04-0792, ADOPTED DECEMBER 9, 2004. 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 R-06-0670 Chairman Gonzalez: RE.6. Gary Fabrikant (Assistant Director): RE. 6 -- Gary Fabrikant, Department of Capital Improvements & Transportation. RE.6 is a request to approve a merger, and assignment of a contract to Parsons Brinckerhoff, Quade & Douglas, which was the parent company for Parsons Construction Services, which currently has a contract with the City for construction, engineering, and observation services. The ownership does not change. City ofMiami Page 81 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " It was a resolution. Commissioner Haskins: No. Chairman Gonzalez: No? One "no. " REJ 06-01895 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR THE Finance ISSUANCE OF NOT TO EXCEED $35,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA NON -AD VALOREM VARIABLE RATE REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2006, TO REFUND A PORTION OF THE CITY'S OUTSTANDING NON -AD VALOREM REVENUE BONDS, TAXABLE PENSION SERIES 1995; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; SELECTING THE BONDS TO BE REDEEMED; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SERIES 2006 INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED; RATIFYING THE SELECTION OF THE UNDERWRITER AND REMARKETING AGENT; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A REMARKETING AGREEMENT; APPROVING WACHOVIA BANK, NATIONAL ASSOCIATION TO PROVIDE A LIQUIDITY FACILITY FOR THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CREDIT AGREEMENT IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 82 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 R-06-0671 Chairman Gonzalez: All right. RE.7. Larry Spring (Strategic Planning, Budgeting & Performance): Commissioner, Larry Spring, Acting CFO (Chief Financial Officer) this time. Before you is a resolution providing for the issuance of $35, 000 [sic] of principal variable rate -- Commissioner Haskins: Thirty-five million. Vice Chairman Sanchez: Thirty-five million. Commissioner Spence -Jones: Million. Hr. Spring: Thirty-five million. Chairman Gonzalez: Thirty-five million. Hr. Spring: I'm sorry, I'm sorry. Vice Chairman Sanchez: You better get those right. Hr. Spring: -- refundable revenue bonds. Give a little history on this transaction. Back in October 2004, the City Commission approved a resolution authorizing the execution of the swap agreement. At that time, we had an arrangement where the City would receive an annual payment of 225, 000 a year. I do need to put on the record that because of negotiating on the part of our very knowledgeable treasure and Finance director, we were able to add an additional $25, 000 a year for the next 20 years in savings -- Chairman Gonzalez: In savings. Mr. Spring: -- so -- Chairman Gonzalez: In savings, is that correct? Mr. Spring: In savings, correct. Leaving us total dollars, half a million, present value of about $2.8 million in savings related to this transaction, so I respectfully request your approval. Commissioner Haskins: So moved. Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. Its a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Spring: Thank you. RE.8 06-01896 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY City ofMiami Page 83 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 05-06-020, THAT THE FIRM MOST QUALIFIED TO PROVIDE A RAPID RESPONSE WATERCRAFT, FOR THE DEPARTMENT OF FIRE -RESCUE, IS METALCRAFT MARINE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METALCRAFT MARINE, INC., IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $908,194.14, WITH A NOT TO EXCEED 10% CONTINGENCY ALLOWANCE BASED ON THE TOTAL CONTRACT AMOUNT, TO PURCHASE ADDITIONAL EQUIPMENT TO IMPROVE THE OPERATION OF SAID VESSEL FOR EMERGENCY RESPONSE PURPOSES TO BE DETERMINED SOLELY BY THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FROM THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM, SUBJECT TO APPROPRIATION. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0672 Chairman Gonzalez: OK. RE.8. Glenn Marcos: Glenn Marcos, Purchasing director. RE.8 is an item that the Purchasing Department, on behalf of the Fire Rescue Department, issued a request for proposal for the purchase of afire -rescue rapid response watercraft, and before you is a resolution seeking permission and authorization for said purchase, and execution of the agreement. Chairman Gonzalez: I personally -- I'm personally concerned about one thing. Ten percent contingency allowance is also being requested based on the total contract amount to purchase additional items. What are we buying, horns, hoses? Mr. Marcos: As part of the actual back up documentation, Commissioner, you will see that there is additional items that have been included in the actual proposal. Chairman Gonzalez: Can you put them on the record because the residents and the taxpayers that are watching on TV (television), they don't have a paper to look at. Just give me some examples. Mr. Marcos: Oh, I'm going to give you examples. As far as the actual additional items, we have the hinge front center window, you have the deck stanchions with deck pads; you have string reading options; you have diagonal fender streaks. They're not going to be using probably all ten percent, but those are the options that were submitted and negotiated with the actual provider. Vice Chairman Sanchez: And the ten percent's -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- coming out of their budget? Mr. Marcos: That is correct. It's already allocated. Vice Chairman Sanchez: And it's allocated? City ofMiami Page 84 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Marcos: Yes. Commissioner Haskins: So moved. Vice Chairman Sanchez: Second. 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. RE.9 06-01897 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ACCEPTING A TOTAL OF $761,225 IN GRANTS FROM Recreation THE CHILDREN'S TRUST TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST GRANTS FOR PARKS," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S HEART OF OUR PARKS SCHOOL YEAR RECREATION, CULTURAL AND CORE EDUCATIONAL OUT-OF-SCHOOL TIME PROGRAMS AT AFRICAN SQUARE PARK, CURTIS PARK, JUAN PABLO DUARTE PARK, SHENANDOAH PARK AND WILLIAMS PARK, WITH EXPANSION PROGRAMS AT ROBERT KING HIGH PARK AND THE SANDRA DELUCCA DEVELOPMENTAL CENTER BY APPROPRIATING FUNDS, IN THE AMOUNT OF $761,225 IN THE FORM OF TWO GRANTS FROM THE CHILDREN'S TRUST, WITH IN KIND SERVICES FROM THE CITY OF MIAMI VALUED AT $1,004,271.20, AND IN KIND SERVICES FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH VALUED AT $33,803.25; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S TRUST, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, 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-06-0673 Direction by Commissioner Regalado to the Administration to request of the Children's Trust Board that one park from Districts I and 3 be included in its grants donation to the City's Parks Department. Chairman Gonzalez: RE.9. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, on this item, there is a modification. On Friday, we only had a form of the agreement. The Children's Trust had not completed the actual agreement, but as soon as we got it, it was distributed to you, so you should have -- have had in hand the actual final form of the agreement, which the Clerk now has and understands travels with this item. City ofMiami Page 85 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: Once again, there's nothing here for District 3. Chairman Gonzalez: That is correct. Vice Chairman Sanchez: Does the Parks Department realize there's a District 3? Chairman Gonzalez: Let me tell you. That is -- Vice Chairman Sanchez: I know you do, but do your -- the people that work for you at the MRC (Miami Riverside Center), are they aware there's a District 3? Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. The answer, yes. Vice Chairman Sanchez: OK. Chairman Gonzalez: Let me tell you. This is totally unfair. I mean, not only one single park in District 3. I mean, this is totally -- how can we solve this? Commissioner Regalado: You modify that, and you go before the board of the Children's Trust, and they would modify. I am telling you -- Chairman Gonzalez: At least, we do -- Vice Chairman Sanchez: Hey, but listen -- Chairman Gonzalez: -- at least, we need to do the due diligence to correct this system. Vice Chairman Sanchez: -- you know my advice to each and every one of you, do not go out there and get a 501(c) [sic] respectable company to come in and partner up, because you know what? They're going to say, forget it; you could take care of yourself, and they forget about you, and it's sad, because we should all be working to partner up with the private sector and bringing in respectable 501 [sic] organizations to your parks so we could alleviate the money and -- instead -- you know, going into that, and putting it into capital improvement in parks and improving the park, so you're penalized for going out there and bringing in organizations to help you. Not a single penny for District 3. Commissioner Haskins: Nor District 1. Vice Chairman Sanchez: And you know what? I know that each and every one of you, if it was you, you'd be doing the same thing that I'm doing. Chairman Gonzalez: Definitely, definitely. Mr. Fernandez: However, you do need to -- Chairman Gonzalez: The Manager -- Mr. Fernandez: --pass this item because -- Vice Chairman Sanchez: I will. Commissioner Spence -Jones: It's a grant. Mr. Fernandez: -- three prior items that you passed were funded with the money that we City ofMiami Page 86 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 anticipate to get here. Vice Chairman Sanchez: Listen, I'm not going to stop the funding. Mr. Fernandez: OK. Vice Chairman Sanchez: I just want to make my point crystal clear. As a matter of fact, if you look at the records, I have made either the motion or second each and every one of them. Because you know what? I will never do that. I just want to make my point to the Administration and to the Parks director that there is a District 3. Chairman Gonzalez: Once again, I'm going to ask the same question. Is there a way that we can rectify this, Mr. Manager? Commissioner Regalado: Yes, yes. We should go to the board, to the Children's Trust Board. They can modify -- Chairman Gonzalez: Do we have to act on this today? Do we have to? Pedro G. Hernandez (City Manager): Well, basically, right. This item is tied to the other ones. This is basically accepting it. The other ones were, in essence, allocating it. It's all the same. Commissioner Regalado: OK. Here's the thing. I will move the item with an amendment, for the staff to go before the Children's Trust board and include different parks, whatever parks -- one has to come from District 3, and -- Chairman Gonzalez: Definitely. Commissioner Regalado: --one from District]. It makes sense. Commissioner Spence -Jones: And I would be willing to lose one of my parks -- Vice Chairman Sanchez: No. Commissioner Spence -Jones: -- to make sure -- no, no. I'm -- Commissioner Regalado: No, but it's not about losing. Commissioner Spence -Jones: I mean -- Vice Chairman Sanchez: Not that much of a need (UNINTELLIGIBLE). Commissioner Regalado: It's not about losing. Vice Chairman Sanchez: Go ahead, go ahead. Chairman Gonzalez: It's not about losing. It's about (UNINTELLIGIBLE). Commissioner Regalado: It's about adding. Vice Chairman Sanchez: No, no. Let's -- Commissioner Regalado: It's about adding. City ofMiami Page 87 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: -- listen to the Parks director. Mr. Burkeen: Can you allow me to at least come spend time with each of the Commissioners and go through this, and we can then proceed from there? Commissioner Regalado: No, no, no, because the first thing that we need to know if we can go before the Children Trust [sic]. Listen, if you cannot, I can get you in the agenda. That, I promise you. Mr. Burkeen: Commissioner, one of the things that you have to recognize is that if, in fact, you're going to have the programs, you need to have the facilities available, so if we're going to go to Jose Marti, or if we're going to go to Curtis Park, we need to look at what is the schedule, what programs exist, and whether we, in fact, can incorporate -- Commissioner Regalado: Well -- Mr. Burkeen: -- the program there, which is why I ask that you allow me to visit with each of the Commissioners, and then come back. Commissioner Regalado: But that's very simple. You know what? We have busses, and we can bus children from one of the District 3 park for where activity is, and mind you, we have done that, because I, nine years ago, instituted a program to bring inner children, nine years ago, inner-city children to the sailing camp, which, by the way, I don't think it exists anyways, but what I'm saying is that if you don't have the site, at least let's give service to the area children, and we can bring a bus. That's all that there is to it. Mr. Burkeen: If you add transportation, then you're going to take away money from the actual program. Transportation is costly. Mr. Hernandez: Mr. Chairman, I'll work with Parks to look for a way to compensate the deficiency that we have here, whether it's going back to the Children's Trust, or transportation, whichever way. Chairman Gonzalez: OK. Vice Chairman Sanchez: Look, let's do that. Mr. Hernandez: I think it's -- we need to do that. Chairman Gonzalez: That's my -- Vice Chairman Sanchez: Let's do that. Chairman Gonzalez: That what I wanted to hear -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- you know, some compromise that we're -- at least we're going to try to do something to solve -- Mr. Hernandez: We -- Chairman Gonzalez: -- the problem -- City ofMiami Page 88 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Hernandez: -- will. Chairman Gonzalez: -- because it's not fair. It isn't fair. Commissioner Regalado: I mean, if we have to take money from the actual program, so be it, but things have to be equal, you know, and -- Chairman Gonzalez: All right, so -- Commissioner Regalado: -- if we have -- I'm telling you, if you guys cannot get in the agenda, I promise you, I can try to get you in the agenda in the Children's Trust. It's very simple. People come here all the time with change orders. That will be another -- I mean, the Children's Trust has $87 million in the bank. I mean, $5, 000 more for a grant would not -- Chairman Gonzalez: All right. We need a motion on RE.9. Priscilla A. Thompson (City Clerk): We -- Vice Chairman Sanchez: We already have one. Ms. Thompson: We have a mover -- Chairman Gonzalez: We have a motion and we have a second. Ms. Thompson: No, we don't have a second. Chairman Gonzalez: And we need a second. Vice Chairman Sanchez: Tomas, second it. Ms. Thompson: No. He's make -- he was the mover. Commissioner Regalado: No. I made the motion. Vice Chairman Sanchez: Oh, I second it. I thought made the motion. Commissioner Haskins: Second. Vice Chairman Sanchez: OK. I'll second it for the record. 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.10 06-01898 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT, TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("SECOND AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR: (1) AN EXTENSION TO THE LEASE City ofMiami Page 89 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DEADLINE REFERRED TO IN SECTION 6.2.1 OF THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER") TO AUGUST 1, 2008; (2) AN EXTENSION TO THE OUTSIDE DATE REFERRED TO IN SECTION 6.2.3 OF THE AGREEMENT TO ENTER TO AUGUST 1, 2008; AND (3) CLARIFICATION OF CERTAIN RESPONSIBILITIES RELATED TO THE PLATTING AND DEVELOPMENT MATTERS; WITH THE TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID SECOND AMENDMENT. 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 Regalado Absent: 1 - Commissioner Spence -Jones R-06-0674 Chairman Gonzalez: RE.10. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a resolution authorizing the City Manager to execute an amendment to the agreement to enter into ground lease with Flagstone Island Gardens, and this will extend the date by which we basically need to enter into the lease agreement from January 1, '07 to August 1, '08, and it'll also clarify certain responsibilities related to the platting process. As you may know, even though Flagstone is acting very -- been acting very diligently in obtaining all their development approvals, they did undergo litigation for over 14 months, and it took over 28 months just to get our -- the core permit, so they are still moving forward, but they need these extensions at this time. Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RE.11 06-01910 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FERN ISLE PARK EXPANSION PROGRAM" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $6,600,000, CONSISTING OF A GRANT FROM THE FLORIDA COMMUNITIES TRUST, FOR THE DEPARTMENT OF PARKS AND RECREATION; AUTHORIZING CITY OF MIAMI REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $2,602,000, FROM VARIOUS FUNDING SOURCES DETERMINED AT THE CITY MANAGER'S DISCRETION THAT MAY INCLUDE FUNDS FROM THE CAPITAL FUND OR GENERAL FUND OR A COMBINATION OF BOTH; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT DOCUMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City ofMiami Page 90 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Regalado Noes: 2 - Commissioner Sanchez and Spence -Jones R-06-0675 Chairman Gonzalez: REI L Bradley Simon (Homeless Program Administrator): Brad Simon, Office of Grants Administration. This is a resolution accepting $6.6 million for Fern Isle Park expansion, also authorizing 2.6 million in matched funding. Vice Chairman Sanchez: All right. Listen, on this item, is there any way that we could avoid going into the reserves, please? I mean, I'm all for the park, but let me tell you, I am very concerned about dipping into the reserves. Larry Spring: Commissioner, Larry Spring, chief of Strategic Planning, Budgeting and Performance. We have looked at this item, and I know we've discussed this with a few Commissioners at this point in time. What we wanted to do, we were being pressed by the State to go ahead and identify a source right now. We don't know that the transaction will definitely take place in the short period of time. That being the case, we definitely can try to go through the fiscal year and see if we can identify a source other than this, and we'll commit ourselves to doing that, and we'll report back to you before the transaction takes place. Vice Chairman Sanchez: OK. Chairman Gonzalez: There could also be some monies from the private sector, too, that I'm thinking about, so -- but I don't want to -- Vice Chairman Sanchez: Look, we're getting close -- Mr. Spring: Well, I'll come meet with you. Vice Chairman Sanchez: Listen, we're getting very close to what we are required to have by the State, which is 85. Mr. Spring: Right. Well, no; that's our requirement, and I do want to make -- Vice Chairman Sanchez: Our requirement. Mr. Spring: -- our -- one clarification. The reserve that identified is the $5 million contingency reserve that's already budgeted. It's not -- we won't be dipping into the fund balance reserve. It's part of the contingency reserve that's already part of the overall budget, so I won't be dipping into that -- I won't be affecting the 20 percent reserve at this time. Pedro G. Hernandez (City Manager): Yeah. Vice Chairman Sanchez: All right. Mr. Hernandez: Also, Commissioner, it may be that the actual transaction may not be happening until some time -- Mr. Spring: Next -- City ofMiami Page 91 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Hernandez: -- into the next year -- Mr. Spring: --year. Mr. Hernandez: -- so we may be able to, either through other funds from the private sector or the next -- Mr. Spring: Free up revenue. Mr. Hernandez: --year -- next fiscal year -- be able to help this out. Vice Chairman Sanchez: I just want to make it very clear. If it's -- if the Administration is asking to tap into the reserves, don't count on me. It better be an emergency; maybe a Category 3 hurricane, but -- Mr. Spring: Right, right, right. Vice Chairman Sanchez: -- we'll be setting the worst presence [sic], because then, what's to prevent anybody to say, you know, we have -- Commissioner Spence -Jones: Emergency. Vice Chairman Sanchez: -- elderly people that can't pay their rent, let's help them. That's -- you know, we've had -- Mr. Spring: Absolutely. Vice Chairman Sanchez: -- that like sacred ground, and then, you know, we'll be robbing grandma if we do that. Mr. Spring: Right, and that's why I wanted to make that clarification -- Vice Chairman Sanchez: OK. Mr. Spring: -- that we're not using the fund balance reserve. We're using the budgeted contingency reserves. Vice Chairman Sanchez: All right, so who's going to make the motion? Chairman Gonzalez: Is there a motion? Commissioner Haskins: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " Vice Chairman Sanchez: One "no. " Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 92 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: One "no. " Chairman Gonzalez: One "no. " Commissioner Spence -Jones: Two "nos. " Chairman Gonzalez: Two "nos. " Vice Chairman Sanchez: You better identify where the money's coming from, and let me just take the opportunity on that -- Chairman Gonzalez: I was going to make a comment on that, but you know what? It's not worth it, so let's keep on going. Vice Chairman Sanchez: Let's -- well -- Chairman Gonzalez: Yes, go ahead. Vice Chairman Sanchez: We'll keep on going. RE.12 06-01877 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY HAMMES COMPANY SPORTS DEVELOPMENT, INC., A WISCONSIN CORPORATION, AND HAMMES SPORTS DEVELOPMENT OF FLORIDA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUM OF $750,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, AND JOE ARRIOLA IN THE CASE OF HAMMES COMPANY SPORTS DEVELOPMENT, INC., ET AL. V. CITY OF MIAMI, IN THE FEDERAL COURT CASE NO.: 06-20363 CIV-COOKE, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES AND JOE ARRIOLA FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE ORANGE BOWL STADIUM REDEVELOPMENT PROJECT, B -30153C. NO ACTION TAKEN R-06-0679 Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado DISCUSSED A motion was made by Commissioner Haskins, but dies for lack of a second. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was City ofMiami Page 93 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 passed unanimously, instructing the City Attorney to use whatever resources necessary in defending the City in its litigation against Hammes Company Sports Development, Inc. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Noes: 2 - Commissioner Sanchez and Regalado Direction made by Commissioner Haskins to the City Attorney that at the City Commission meeting immediately following the execution of the settlement agreement there be a public airing of the issues related to this case. Commissioner Regalado: R -- Chairman Gonzalez: Huh? Commissioner Regalado: RE.12. Chairman Gonzalez: That's right. RE.12, Fire. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, RE.12 is the proposed settlement on the Hammes litigation, and Assistant City Attorney Maria Santovenia, who has been handling this litigation on behalf of the City, is here to answer any questions you may have. Suffice it to say that, as you know, we are in the throes of litigation. This case is scheduled to go to trial in mid December, and so we have fully briefed each of you, individually, as to the issues in this case, and it is our recommendation, albeit, I understand how painful it is, that it is in the best interest of the City to accept this settlement proposal that has been extended by Hammes after a lengthy process of mediation and litigation. This case has been extensively litigated to date, and finally, was mediated, and as a result of the mediation, we've concluded that this amount would be in the best interest of the City to put this matter behind us. We will -- Chairman Gonzalez: All right. Mr. Fernandez: -- entertain any questions you have, and we will answer as fully as we can without jeopardizing the City's position and the integrity of the defense that we must advance on behalf of the City. Chairman Gonzalez: What I would like is to have a motion and a second, and then open it for discussion. Is there a motion? Vice Chairman Sanchez: For the settlement? Chairman Gonzalez: Yes, sir. No motion for the settlement. All right. Is there a motion? Is there a motion? The item dies. You don't have a settlement. I guess you have to go back to court -- Mr. Fernandez: That's right -- City ofMiami Page 94 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: --and -- Mr. Fernandez: -- so we will be in court. Vice Chairman Sanchez: I'm tired of cleaning up after people's mess. Chairman Gonzalez: Right. Oh, it was -- Commissioner Regalado: And you're lucky -- Chairman Gonzalez: -- easier than what expected. Commissioner Regalado: -- we didn't -- Chairman Gonzalez: I hope that we don't have any -- Commissioner Regalado: And you're lucky -- Chairman Gonzalez: -- argument. Commissioner Regalado: -- we didn't have to say anything. Chairman Gonzalez: You don't have to say anything. Vice Chairman Sanchez: Well -- Chairman Gonzalez: Jesus. Mr. Fernandez: I don't know if that -- Commissioner Regalado: I wanted to, but -- Chairman Gonzalez: My God. Vice Chairman Sanchez: The best advice is to say nothing. Chairman Gonzalez: All right. "[Later...]" Chairman Gonzalez: Mr. City Attorney, you have been desperate. Mr. Fernandez: No. Chairman Gonzalez: Now is your turn. Mr. Fernandez: In light of the most recent decision you made with regard to the Hammes litigation, I would be irresponsible if, at this time, I did not ask for the City Commission to authorize me to retain the services of a law firm or law firms, as the case may be. We have a trial in less than a month. The evidence in this case is really volumes. We have over 20 boxes of information. They have three law firms; they have seven lawyers, we have one attorney and one paralegal that, so far, has been duking it out with them. Responsibly, the only way we stand a chance of marshalling all the facts in the light most positive to the City and avoid a City ofMiami Page 95 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 significant verdict against the City is if we do the very best we can, legally, with all the resources, and frankly, I don't have all the resources to take this case to trial in less than a month -- Chairman Gonzalez: And that's (UNINTELLIGIBLE), right? Mr. Fernandez: -- and succeed, so I'm looking for a motion from one of you to authorize me to retain the services of law firms, as needed, to put the City in the best prevailing position in defense of this significant lawsuit. Vice Chairman Sanchez: Well -- Commissioner Haskins: Can I make a motion to reconsider the Hammes item? Chairman Gonzalez: All right. Vice Chairman Sanchez: You know what? It's getting entertaining. I will second -- Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: -- it for the purpose of discussion. Yeah. Chairman Gonzalez: -- to reconsider. Is there a second? There is a second. All in favor, say "aye. " Vice Chairman Sanchez: All right. Chairman Gonzalez: One "no. " Commissioner Regalado: To reconsider. Chairman Gonzalez: Yeah. Commissioner Haskins: Um -hum. Chairman Gonzalez: OK. Motion carries. What was the item? Mr. Fernandez: I will --I -- ifgiven a chance, an opportunity, Ms. Santovenia left, but am here, and I am relatively familiar with the case also. I would entreat the Commissioners to really consider the fact that after many hours of mediating this case and after an extensive discovery process, where many of the players, on both sides, were deposed, without any admissions against interest or without giving away any secrets, our evaluation of this case, lawyers in my office, outside lawyers that we have consulted with, the immediate mediator, Chief Judge Wetherington and other individuals that participated in that team are all of the same belief that in order to settle this case, $750, 000, given the arguments on both sides, is a fair amount. It's -- as some of you have said to me, this is a bitter pill that this Commission has to swallow, but all that I have to tell you is that we own it. We are responsible. This City, this - - not this Administration; the previous Administration, but this Commission, absent one Commissioner, perhaps, were in control at all times that all the conduct that's being alleged on the part of Hammes against the City took place, whether it's pretty, whether it's right, whether it's defensible or not, are all the issues that would be litigated. My analysis and my appraisals of the issue is that if we go to trial, the likelihood of prevailing and being able to obtain a verdict for less than $750, 000 is not as good as buying this case out for 750, particularly, when, in the contract that we had, there was a provision that if, for any reasons, the parties City ofMiami Page 96 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 walked away from this contract, they would have been entitled to $500, 000, which was being called liquidated damages. A whole lot of arguments could be made as to why that amount was there, which is an unusual clause to include in any contract, but that is what we're dealing with. I would entreat you to reconsider. You have reconsidered you vote, but that you vote favorable in settlement of this case. Commissioner Haskins: (UNINTELLIGIBLE) that the way --the best protection for our taxpayers is to do this settlement? Mr. Fernandez: Ma'am, I feel that so strongly that I would be -- I would not be acting responsibly as your City Attorney, knowing that your ultimate concern is for what's in the best interest of the City and your taxpayers, if l do not encourage you to accept the settlement. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: Before I was able to get a briefing, I thought that this was a bad settlement, but when I receive the briefing from the Manager, Maria Santovenia, the -- and the City Attorney's Office, I realize that it was worse than I thought. It went from bad to worse. Chairman Gonzalez: The settlement? Commissioner Regalado: The settlement. I'm just saying I'm not going to support this. I'm not going to speak --well, I see that --but this is not about protecting the taxpayers. This is about good government. You are not buying closure; you're buying silence. Sometimes things have to go public, and you know, sometimes -- I mean, we're spending, what is it now, $400, 000? And will be by a million because another mistake on the fire fee, and we are litigating this in court, so I'm just say -- I'm not going to say anything else because I'm -- maybe something happen in the way, but I'm telling you that the truth needs to be told, and the people of the City ofMiami deserve to know what really went on on that contract and other contract, and again, ij you approve this, you're not going to be buying a closure; you're going to buy silence, and if that -- if silence is what we want, fine. Mr. Fernandez: Well -- Commissioner Haskins: Can we have a discussion of it directed to come to the Commission after the settlement is reached so that we can have the best of all worlds; that we don't -- that there's not silence, but there's also a settlement in protecting the taxpayers? Mr. Fernandez: After you've approved the settlement, certainly. We can have a discussion and you can make that your policy determination. We can disclose to you, as we have in individual briefings. We have been very open and forthcoming, and in individual briefings, we have highlighted to you some of the alleged indiscretions on the part of the previous Administration. Now -- Commissioner Regalado: Yeah, but you don't know all of them because you said -- Mr. Fernandez: Well -- Commissioner Regalado: -- almost everyone have been deposed. Mr. Fernandez: That's right. Not -- City ofMiami Page 97 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: Not everyone. Mr. Fernandez: That's correct. The -- you know, again, I don't want to extend my entreatment [sic] to you beyond the position of being your attorney. I don't want to engage in a policy discussion with you, because that's not my province, but I need to remind you that whether you approve -- and Commissioner Haskins was very eloquent when she was talking about other CIP (Capital Improvements Program) projects that suffer from the same situation, and she alerted everyone to issues that were prevalent or that may be hidden in some of those contracts. The only difference is that those are not in litigation, and those are being cured and addressed prior to litigation commencing on those. This one was one of the first one off the gate, and this one may be riddled, according to plaintiffs allegations, with improprieties, and with political motivation. I mean, these are all statements that have been made on the complaint. Now, I am hesitant, without having a settlement approved, to engage any of you, other than in a private setting, in a further discussion. If you want to have an airing on this after your approved settlement, I'll welcome and I'll share with you forthrightly all of the information that I have, and I'll even give you my opinion as to who did what when wrong, but you know, the people that did the alleged wrong -- again, I said "alleged wrong" -- were your employees, and you either were not told about it; you were kept in the dark, but certainly, this Commission now has to swallow the bitter pill for having an Administration who's being accused of alleged improprieties. Chairman Gonzalez: All right. Vice Chairman Sanchez: Well, I'm tired of swallowing bitter pills. Commissioner Haskins: It's -- but you're -- you know, I'm -- what my concern is we're swal -- we'd swallow even a bigger bitter pill, but I agree with Commissioner Regalado that there's -- there needs to be a public hearing of this, because I think it ties in with all the other things that have been -- that are frustrating for us, and there needs to be an accountability to the public and why, you know -- but I think to protect our taxpayers, my view is -- because I think it -- attorneys, on a short fuse, a trial less than a month, hiring attorneys, short fuse, trial less than a month, in federal court, is a very expensive proposition, so we're going to add half a million dollars in legal fees easily on this -- Chairman Gonzalez: And may -- Commissioner Haskins: -- and it doesn't -- and that's -- I mean, that's easily $500, 000, so it's even more of a bitter pill to think if we got 750 in the trial, then we spend 500, 000, we've wasted another 500, 000 on this, so I would make a motion to approve the settlement, with a provision that in -- as soon as the papers are finalized and all of that, the following Commission meeting, there is an airing of the issues on this case. Chairman Gonzalez: All right. We have a motion to approve the settlement. Is there a second? Yes, Mr. -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: -- City Manager. Mr. Hernandez: -- if l may. I may have a little different perspective than the City Attorney, in the sense that I'm looking at it sort of as an outsider. I participated in part of the mediation. 1 heard it in partially. Obviously, I think, based on what I saw and what I heard, that the company was acting as a City consultant for a certain period of time and conducted a certain amount of work, for which they're due a certain amount of money, so I am not telling you that City ofMiami Page 98 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 the amount is 750, 000, but they did work. The contract did contain a clause that said that the minute that the contract was executed, that they would be due $500, 000. Obviously, that gives you impression that there was recognition of work being done. From a business and/or government standpoint, I would say the decision is to accept the settlement. If you're not -- Chairman Gonzalez: Is it proper to ask what's the potential liability in this case? Mr. Fernandez: I'm sorry, sir. I didn't hear. Vice Chairman Sanchez: What's the potential liability? Chairman Gonzalez: Is it proper to ask what is the potential liability if we lose this case? Mr. Fernandez: Yes. The potential liability is the maximum exposure, and I believe it hovers around 12, $14 million. The value of the entire contract. In one of the counts -- and again, I wish Ms. Santovenia were here; she knows the counts inside out, but the settlement negotiations at mediation started with them being at four million and now it's being at zero, and so, you know, having achieved that $250, 000 beyond what the contract presumptively, presumptively had acknowledged to have been work already performed, given all the other expenses that they have had, is deemed to be a fair settlement. Commissioner Haskins: I'm going to hold my nose, repeat my motion to accept the Hammes settlement, with a provision that the meeting immediately following the execution of all the settlement agreement, there's an airing of the issues. I'm holding my nose, but I think that we need to satisfy both. We need to protect the taxpayer and we need to have a discussion of what in the heck happened with this thing. Chairman Gonzalez: Let me tell you. I'm also interested in knowing exactly what happened, but at the same time, I'm concerned of the exposure of 12 to $14 million of taxpayers' money for whatever -- Commissioner Regalado: That's not a correct figure. Chairman Gonzalez: --reason. Commissioner Spence -Jones: That's not -- I mean, I -- Commissioner Regalado: That's not a correct figure. Commissioner Spence -Jones: -- this is the first time I've heard this figure. Mr. Hernandez: No. Commissioner Haskins: Fifty percent (UNINTELLIGIBLE). Chairman Gonzalez: Well, that's -- Commissioner Regalado: That is -- Commissioner Spence -Jones: This is the first time I heard this figure, when I got (UNINTELLIGIBLE). Chairman Gonzalez: Yes. City ofMiami Page 99 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: Twelve million dollars -- Vice Chairman Sanchez: Well -- Commissioner Regalado: -- is not a correct figure -- Vice Chairman Sanchez: -- I'm -- Chairman Gonzalez: That's what the City Attorney is saying. Mr. Fernandez: Well -- Commissioner Regalado: -- and we -- I mean, we -- I spend with the City Attorney almost three hours asking and asking and -- I think -- I don't know anything about law, but I think I know how to ask questions. I -- I'm telling you, that's not -- Vice Chairman Sanchez: Listen, I have to be -- me. I'm speaking for myself. I'm going to be very careful with what I say, but my decision was based on the input that was given to me by our attorneys and our Administration. That's all I'm going to say. Chairman Gonzalez: All right. I mean, it's no sense in any further discussion. We have a motion. Is there a second once? Is there a second twice? Is there a second three times? Motion dies. No settlement. Go to court. If we lose, we pay $14 million. If we win, we pay zero. Mr. Fernandez: Perfect, but I still need you to pass on my recommended motion, that you authorize me to avail myself of the resources necessary so that I can mount a credible defense on behalf of the City -- Commissioner Haskins: This is -- Mr. Fernandez: -- rather than just, you know -- so I need someone to make that motion on behalf of the best possible case for the City. Chairman Gonzalez: Is there anybody willing to make a motion to start spending money on outside counsel? Is there a motion? Vice Chairman Sanchez: Listen, if we're going to go to court, we need to prepare ourself -- Commissioner Regalado: I'll make a motion. I make a motion -- Chairman Gonzalez: All right. We have a motion. Commissioner Regalado: -- and I'll tell you why I'm making a motion, because I don't know if we can get on the docket in a month -- Mr. Fernandez: But we are in the docket. It's been noticed. Commissioner Regalado: -- but remember, your attorney, which, by the way, gave me one of the best briefings ever on this case, said -- and I asked that depositions were not finish; that a new round of depositions would have to be done, and you know what I'm referring to exactly, because two -- the two key players have not been deposed, nor -- or completely deposed. Now she told me that if this is the case, then we have to start all over again and try to get on the docket on the federal court, which could be whatever, but you know what? The people of City ofMiami Page 100 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Miami will be grateful. First of all, never heard the exposure figure of $12 million. I heard other figures, which I shouldn't even repeat it, but the people ofMiami do deserve to know and understand what really happen here, because you know, if a crime goes unpunished, you know, a family never has -- have closure, and the people ofMiami needs to understand the way that their money was handled, not on this case, but in many other cases, and the way that this Commission was given wrong information and lied to. Now, if the FBI (Federal Bureau of Investigations) doesn't do anything -- they may do it -- then it is the duty of this City Commission to come out clean and show the people ofMiami what really happened. Is it painful? Yes. Is it a bitter pill to swallow? Yes, because everybody shares a little responsibility, but you know, the people ofMiami will be grateful to know what really happened because now we can say that we have a new way of governing the City with a new City Manager, but you know, it's not about turning the page and forget and forget. I mean -- Mr. Fernandez: No, but -- Chairman Gonzalez: But the people ofMiami would be grateful to find out what happened as well as I would be grateful, but the people ofMiami will never be grateful whenever they find out that we have to pay $3 million, $4 million, $5 million, $12 million, even a million dollars; we're going to be blasted because we allow it to happen -- Mr. Fernandez: And the only airing -- Chairman Gonzalez: --so -- Mr. Fernandez: -- that you will have of this would be whatever comes out in court, because I am ethically bound to defend the City and all the players that there seem to be insinuations that acted improperly, so you need to understand that my role as your City Attorney is to defend the City at all costs, and defending the City at all cost means defending the actions of all of the players that presumptively, the plaintiffs have a problem with it, as well as some of you have a problem with it, but then don't look to me to be in court doing anything other than aggressively defending perhaps wrongdoers, because that's what you're setting me up to do. You're setting me up -- Commissioner Regalado: I mean -- Mr. Fernandez: Well, Commissioner, let me say my piece. Commissioner Regalado: I didn't say that. I didn't say that. Mr. Fernandez: Well -- Commissioner Regalado: I said -- Mr. Fernandez: -- hold it. Commissioner Regalado: -- if the FBI didn't do anything -- Mr. Fernandez: Well -- Commissioner Regalado: -- then the City Commission should come clean and bring all the information that is going to be public in court. Mr. Fernandez: Look, I know that the business of government is not easy, especially from a policy perspective of elected officials, but as a professional, I'm looking out for the best interest City ofMiami Page 101 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 of you, the Commission, and you -- the people you represent, your taxpayers, and at the end of the day, personalities aside, past history aside, it boils down to money. Today, you have spent an incredible amount of money discerning what's best when you're talking about $50, 000, $800, 000. I mean, you deal with money on behalf of your constituents, and this is at the bottom -- at the end of the day, the bottom line is an issue of economics. I cannot sit here and tell you that we would litigate and certainly now without your support of me asking you for assistance; you've denied that to me, too, that we will not be able, perhaps, we can do magic. I still believe in magic, and we will work this case. We will reorient my entire office and we will do the incredible task of doing the best job for the City by ourselves, because we don't have the ability to go and get the best resources to defend the City as the City and the taxpayers ought to be defended. Vice Chairman Sanchez: Well, I'll -- Commissioner Spence -Jones: I thought we were about to vote on that item. We hadn't made a decision. Vice Chairman Sanchez: Well -- no, no, no. Mr. Fernandez: No, there wasn't even a second -- Commissioner Haskins: There wasn't a second. Mr. Fernandez: --for that item either. Vice Chairman Sanchez: I made the motion, and let me tell you. IfI'm going to send you to war, I'm going to give you bullets. Mr. Fernandez: Thank you. Vice Chairman Sanchez: OK. Mr. Fernandez: Thank you. Vice Chairman Sanchez: So I am prepared to make that motion. That's the route we're taking. Commissioner Haskins: To pay the legal fees. Vice Chairman Sanchez: We want to defend this in court, we'll do it, but you know what? We have to give our City Attorney the resources to defend our cause, so therefore, I am making the motion for you, Mr. City Attorney, to do whatever it takes to defend the City's best interest in court. Commissioner Regalado: And I second it. I made it at the first time. I think -- look, we're been in litigation -- I mean, we still are in the middle of the most embarrassing moment of the City ofMiami. This is not --I'm not talking about Hammes. I'm talking about fire fee. Hr. Fernandez: I know what you're talking about. Commissioner Regalado: You know, so the City Attorney needs support, and -- Chairman Gonzalez: All right. Commissioner Regalado: -- I second the motion. City ofMiami Page 102 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: We have a motion -- Commissioner Haskins: Commissioners -- Chairman Gonzalez: -- and we have a second to authorize -- Commissioner Haskins: -- are you reconsidering at all? Chairman Gonzalez: -- the City Attorney to hire -- Commissioner Haskins: Are you reconsidering at all -- Chairman Gonzalez: -- outside -- Commissioner Haskins: -- going to court? Commissioner Spence -Jones: I just -- Chairman Gonzalez: Please. Commissioner Spence -Jones: --I want to just bring up one quick point. You --first of all, you -- City Manager, you know I said from sitting in my briefing that I was not supporting this item if other Commissioners wanted to support it, and I said the same thing to you, not to count on me on this one because I felt very passionate about not supporting this issue, but in my briefing with you, I mean I was told that the amount of exposure -- and I don't want to put in the -- a figure on it -- Mr. Fernandez: It's significant. Commissioner Spence -Jones: -- becau --yeah, but it definitely wasn't what you stated on the record now. Mr. Fernandez: No, and you know, and I need to correct the record. I don't have the complaint in front of me, but certainly, it's an amount -- they're claiming the entire -- Chairman Gonzalez: They're claiming the entire contract -- Mr. Fernandez: That's right -- Chairman Gonzalez: -- according to the Miami Herald. Mr. Fernandez: -- and then -- they have boiled it down to $2.6 million and attorney's fees if they succeed in getting one penny. Commissioner Spence -Jones: OK. Let me just offer a motion to reconsider. I'm going to offer a motion to reconsider on the item. Ms. Thompson: We -- Vice Chairman Sanchez: But we already voted on the (INA UDIBLE). Chairman Gonzalez: All right. We have another motion. City ofMiami Page 103 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Haskins: I'll second it. Chairman Gonzalez: We have a motion to reconsider and we have a second. Commissioner Regalado: No, no, no, no, no. Chairman Gonzalez: All in favor, say "aye. " Commissioner Spence -Jones: No, no, no, no, no. Commissioner Regalado: Wait, wait, wait, wait. We have a motion -- Vice Chairman Sanchez: For the attorney. Commissioner Regalado: -- and a second to authorize the City Attorney to use that, and we haven't vote on that one. Vice Chairman Sanchez: That one. Chairman Gonzalez: All right. Let's vote on that one then, because I was trying to call the motion and everybody started talking at the same time, so I decided to shut up, step back, and wait. We have a motion and we have a second to authorize the City Attorney to hire outside counsel to assist him on defending this lawsuit. We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Now we have a motion to reconsider -- Commissioner Haskins: The settlement. Chairman Gonzalez: -- the settlement -- Commissioner Spence -Jones: OK, my -- Chairman Gonzalez: -- And we have a second. Commissioner Spence -Jones: Right. Chairman Gonzalez: All in favor, say "aye. " Commissioner Regalado: No. Chairman Gonzalez: Motion to reconsider has been granted. Vice Chairman Sanchez: Sit down; this is going to be long. Chairman Gonzalez: Bring me a pillow. Commissioner Spence -Jones: And I just want to be clear, so the item that we just voted on prior to voting 'yes" on this item goes out of the window now because we don't have to defend it. Mr. Fernandez: It will go completely out of the window because within a week, we will have City ofMiami Page 104 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 settlement papers drawn and executed. Commissioner Spence -Jones: OK. As my colleague has said down the dais here -- on the dais here that this does stink; it's been stinking for a very long time, and the Manager and the City Attorney knows that -- I mean, I'm doing this and not happy about doing it, but if it means that we're going to have a bigger liability -- and I do have a responsibility to my constituents to at least try to protect as much as re -- as much resources as possible, and if this is going to mean, you know, $4 million less, $6 million less, I mean, I would be crazy not to at least support the item, butt just want to send a very strong message today that, you know, the way this contract was handled from day one, I'm hoping that we never have to deal with this issue again. I mean, because it just -- it really -- and I kept asking the same question, how did we get here? How did we get here? And to not know an answer to how we got here, you know, that was the reason why I was so passionately against saying "no" about it, but I don't want to -- if l can spend 750 and not spend 7 million, I mean, it just makes more sense, so I would support the item. Commissioner Haskins: I'll second it. Chairman Gonzalez: All right. We have a motion and we have a second. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Let me tell you why I'm going to vote si -- why I'm going to vote 'yes. " Vice Chairman Sanchez: Hey, that's a -- Chairman Gonzalez: I'm going to vote 'yes" because as someone said, it's a matter of mathematics, but I want -- at the same time I'm voting 'yes'; I'm supporting the motion that was made by Commissioner Haskins that whatever -- Mr. Fernandez: For the airing. Chairman Gonzalez: -- transpire here be -- Mr. Fernandez: Good. City ofMiami Page 105 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: -- brought to the public, and I want to know exactly what happen, OK. Commissioner Regalado: You will never know. Chairman Gonzalez: Well, we'll insist on knowing -- Commissioner Regalado: Because -- Chairman Gonzalez: -- and we should know. Commissioner Regalado: -- they stop the proceedings. Chairman Gonzalez: The way I feel about it is that I'm not sitting in here. I wasn't elected to suck anybody's blood -- Vice Chairman Sanchez: What? Chairman Gonzalez: -- or to have -- yeah. I'm not here to drink anybody's blood. I'm not here to stab anybody. I wasn't elected to procure someone going to the FBI or going to jailor serve 50 years. If I wanted to do that, I would have run for state attorney or for a judge, but not for a City Commissioner. The way I feel is that I'm supposed to be here to protect the interest of the residents and the taxpayers of the City ofMiami, and every time that we go to court with a case and every time that we talk about going to court, no, no, no, we're going to win. It's going to cost $300, 000, guess what? A year later, it comes back. You know, we lost. It wasn't 300; it's going to be 3 millions, and to me, that's not physical -- I mean, fiscal responsible. That's not acting fiscal responsible, so hoping that, Mr. City Attorney, we hear exactly what happened in this case, and for the best interest of the taxpayers of the City ofMiami, I'm voting 'yes. " Ms. Thompson: So the resolution for RE.12, which was reconsidered, passed 3/2. Mr. Fernandez: Yes, ma'am. Chairman Gonzalez: Yes. Ms. Thompson: And before -- Mr. Fernandez: And in essence -- Chairman Gonzalez: And then for those that doesn't know, Monday morning, I'm going to be (UNINTELLIGIBLE) at La ponderosa with Maria Farias (phonetic) and the whole bunch, but you know, no problem. Commissioner Haskins: ButJorge -- Chairman Gonzalez: I have hard skin. Vice Chairman Sanchez: We need to -- motion -- Commissioner Haskins: Mr. City Attorney, we need to have the discussion of what happened. Mr. Fernandez: Yes. Commissioner Haskins: I'd like to understand who hasn't been deposed because I don't know City ofMiami Page 106 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 who hasn't been deposed -- Mr. Fernandez: Correct. Commissioner Haskins: -- in that, and as part of that discussion, if there's something that we can do to further investigate, we should. Mr. Fernandez: Excellent. Commissioner Haskins: Because this is something that -- I mean, it's -- you just have to hold your nose, but in the end result, I have to do what's right for the citizens. Mr. Fernandez: Thank you very much, Commissioners. RE.13 06-02035 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("CAMILLUS HOUSE"), REQUIRING THE CITY OF MIAMI TO PAY FOR THE DEMOLITION AND CLEARANCE OF THE BUILDINGS LOCATED AT 1601 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, INCLUDING THE COST OF PERFORMING AN ASBESTOS SURVEY, ASBESTOS TESTING AND REMOVAL, AS REQUIRED, IN CONNECTION WITH SAID DEMOLITION. 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-06-0676 Chairman Gonzalez: RE.13. Laura Billberry (Director): Lori Billberry, Public Facilities. The item before you is to authorize the Manager to enter into an agreement with Camillus House, which will require the City to pay for the demolition and clearance of buildings at 1601 Northwest 7th Avenue, at a cost not to exceed $170,000. The Commission approved back in July of this year a development agreement that provided for the development and construction of a building that will provide services as part of the City's homeless plan on the property in this area, and the parties also entered into a letter of intent, which included the University ofMiami, that outlined a certain exchange of properties to allow for this development, and that exchange of properties was approved by the trustees. The University will be consenting to this agreement, but only as an acknowledgment that this agreement is being entered into and not as a consent to any of the terms of the agreement, and that they're not responsible for the performance or nonperformance under the terms of this agreement. Chairman Gonzalez: All right. Vice Chairman Sanchez: So moved. Chairman Gonzalez: We have a motion -- City ofMiami Page 107 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Haskins: Second for discussion. Chairman Gonzalez: -- and we have a second. Discussion. Commissioner Haskins: Since we're spending the money for this and it is to benefit Camillus House, could we also ask, as part of that, that they open up their back courtyard instead of having people sleeping on the street. They were supposed to do that a long time ago as part of this, and have they --? No. Ms. Billberry: We do have a representative, I believe -- Commissioner Haskins: They've -- Ms. Billberry: --for Camillus. Commissioner Haskins: -- closed it all off? Has that been reopened? I haven't driven by it in a couple of weeks, but -- Chairman Gonzalez: But what we're passing here is in reference to the new location -- Commissioner Haskins: The 7th, I know, but I -- Chairman Gonzalez: --on 7th Avenue. Commissioner Haskins: --just wanted to see on -- where they have their facility on Miami and Commissioner Spence -Jones: North Miami Avenue. Commissioner Haskins: -- in the downtown --yeah. Bob de la Fuente: Good evening, members of the Commission. My name is Bob de la Fuente, with law offices at 1441 Brickell. I am here on behalf of Camillus House with the director of Government Relations from Camillus House, Peter England, and if it's not taken care of, we will take care of that. We'll check on that immediately and will reopen it. Commissioner Haskins: OK. Thank you. Pedro G. Hernandez (City Manager): Commissioner, ifl may. Ina conversation with Camillus House, they told me they were planning to do that in about three to four weeks, and that was like two weeks ago. Commissioner Haskins: So it's -- Chairman Gonzalez: Very good. Commissioner Haskins: -- imminent. That's good, because it's been a real problem. Chairman Gonzalez: All right. We had a motion and we had a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed? Any "nos"? No "nos. " City ofMiami Page 108 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Haskins: Isn't that exciting? Chairman Gonzalez: OK. BC (Boards and Committees) -- Vice Chairman Sanchez: It's been a day of "nos. " Chairman Gonzalez: Yeah. People been -- when is the next Commission meeting, December -- Commissioner Haskins: I think -- (UNINTELLIGIBLE) it's a full moon, you know that. Chairman Gonzalez: December -- When is the next Commission meeting? Mr. Hernandez: It's -- Priscilla A. Thompson (City Clerk): December 14. Mr. Hernandez: December 4 -- Chairman Gonzalez: I'm going to start practicing tomorrow -- Mr. Hernandez: -- 14. Chairman Gonzalez: -- no, no, no, no for the next Commission meeting, so be ready for me. City ofMiami Page 109 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 BOARDS AND COMMITTEES BCA 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: Timothy A. Barber Chairman Angel Gonzalez (Architectural Historian) Miguel A. Seco Chairman Angel Gonzalez (Alternate seat) James Broton, Ph.D. Vice Chairman Joe Sanchez (Citizen) Thorn Grafton Commissioner Tomas Regalado (Architect) Gerald C. Marston Commissioner Michelle Spence -Jones (Landscape Architect) Gary A. Appel Commissioner Michelle Spence -Jones (Real Estate Broker) Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0682 A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to appoint Timothy A. Barber, Miguel A. Seco, James Broton, Ph.D., Thorn Grafton, Gerald C. Marston, and Gary A. Appel as members of the Historic and Environmental Preservation Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miguel A. Seco as a member of the Historic and Environmental Preservation Board; and further waiving the term limits of Section 2-885(6) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Miguel A. Seco as a member of the Historic and Environmental Preservation Board. Chairman Gonzalez: All right. BC. 1. Commissioner Regalado: Yeah, and they -- then they will say you're not a team player. Chairman Gonzalez: Right. Then they say you're not a team player. You see. That's right. have two appointments. I guess I'm going to reappoint on BC. 1. I'm the only one that have City ofMiami Page 110 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 appointment for this one? Priscilla A. Thompson (City Clerk): No, sir. Commissioner Regalado: No. I have appointment. Ms. Thompson: But -- OK. If I might -- if you -- Chairman Gonzalez: Oh, I'm sorry. OK. I got it. Ms. Thompson: If we're on BC. 1, Chairman Gonzalez, if you are going to reappoint, then Miguel Seco needs a waiver for term limit, and he will also need a waiver for absences. Chairman Gonzalez: OK. I guess -- can we make proffers, and then vote on all of them at one time? Ms. Thompson: Please. That's easier. Chairman Gonzalez: OK. All right. Vice Chairman Sanchez, you have -- Vice Chairman Sanchez: Yes. I would like to appoint Dr. James Broton, and he is a resident of the City ofMiami -- Commissioner Spence -Jones: Miami. Vice Chairman Sanchez: -- as J. L. Plummer used to say, Miami. Commissioner Spence -Jones: Miami. Chairman Gonzalez: All right. Commissioner Regalado? Commissioner Regalado: OK. In the category of architect, Thorn Grafton. He is a City elector, resident of Silver Bluff. Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: I just want to verify with Madam Clerk. The -- I had Gary Appel, correct? Ms. Thompson: You actually have two. There's one for landscape architect and there's one for real estate broker. Commissioner Spence -Jones: Right, but -- Ms. Thompson: Currently, Mr. Appel is your real estate broker appointment. Commissioner Spence -Jones: OK, so I still have a vacancy, right? Ms. Thompson: No. You -- well, Mr. Gerald Marston is actually also serving. Commissioner Spence -Jones: On -- as a landscape architect? Ms. Thompson: That's correct. City ofMiami Page 111 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Spence -Jones: OK. I just want to reappoint those two -- the both of them. Ms. Thompson: OK. Chairman Gonzalez: All right. We need a motion on all the names proffered, with all the -- Commissioner Regalado: Waiver. Chairman Gonzalez: -- waivers. Commissioner Haskins: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second on all the names proffers, with all the waivers. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.2 06-01836 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones DEFERRED Chairman Gonzalez: BC. 2. Commissioner Regalado, you have one nomination. Commissioner Regalado: I'll defer to December 14, is it? Is it? Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: I'm deferring also. Chairman Gonzalez: All right. BC.3 06-01837 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 112 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 APPOINTEES: NOMINATED BY: Commissioner Marc Sarnoff Commissioner Michelle Spence -Jones DEFERRED Chairman Gonzalez: BC. 3. Commissioner Haskins? Commissioner Haskins: Defer. Chairman Gonzalez: Commissioner Jones [sic]. Commissioner Spence -Jones: Defer also. Chairman Gonzalez: Very Good. BC.4 06-01838 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: DEFERRED Chairman Gonzalez: BC.4. NOMINATED BY: Commissioner Michelle Spence -Jones Vice Chairman Sanchez: Commissioner Spence -Jones? Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: I'm deferring also. Chairman Gonzalez: That was four. Let me see. Where is five? BC.5 06-01839 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Juana Amada Vargas NOMINATED BY: Chairman Angel Gonzalez City ofMiami Page 113 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 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-06-0677 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, to appoint Juana Amada Vargas as a member of the Arts and Entertainment Council. Chairman Gonzalez: BC. 5. I will proffer Amanda [sic] Vargas. Vice Chairman Sanchez: Oh, so moved. Chairman Gonzalez: Yeah. We have a motion -- Commissioner Haskins: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: That was the only -- only me had an appointment, right, on the Arts and Entertainment Council? Priscilla A. Thompson (City Clerk): Correct. BC.6 06-01840 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manuel J. Prieguez Chairman Angel Gonzalez M. Lee Smith Vice Chairman Joe Sanchez 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-06-0678 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint AL. Lee Smith and Manuel J. Prieguez as members of the Waterfront Advisory Board. Chairman Gonzalez: BC. 6, Waterfront Advisory Board, Commissioner -- Vice Chairman Sanchez? City ofMiami Page 114 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Vice Chairman Sanchez: I would like to reappoint Lee Smith, and I realize he has been absent, but he was in Chicago very ill. Chairman Gonzalez: All right. Commissioner Spence -Jones? Commissioner Spence -Jones: I'm just going to defer for now. Chairman Gonzalez: And the Mayor had two appointments. Priscilla A. Thompson (City Clerk): And -- Chairman Gonzalez: OK, and I will proffer Manny Prieguez, a resident of Coconut Grove. Commissioner Regalado: Second. Vice Chairman Sanchez: Sec -- well -- all right. I -- Chairman Gonzalez: We have -- needs to make a motion. Vice Chairman Sanchez: -- need to make a motion. The Chair -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- cannot make a motion. So moved. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.7 06-01841 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Duharte Chairman Angel Gonzalez 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-06-0680 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; 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, City ofMiami Page 115 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 as it relates to past absences on record for Ralph Duharte as a member of the Bayfront Park Management Trust. Chairman Gonzalez: Bayfront Park Management Trust. Commissioner Haskins? Commissioner Haskins: Defer. Chairman Gonzalez: We have -- Vice Chairman Sanchez: Where is that? Chairman Gonzalez: -- three appointments at -large. Vice Chairman Sanchez: Which is that? What -- Commissioner Regalado: Bayfront Trust. Chairman Gonzalez: Bayfront Trust. Vice Chairman Sanchez: Yeah, BC (Boards and Committees)? Chairman Gonzalez: We have Lawrence Terry -- Priscilla A. Thompson (City Clerk): BC. 7. Commissioner Haskins: BC. 7. Chairman Gonzalez: --Elena Carpenter and Ruth Greenfield. Vice Chairman Sanchez: Oh, OK. Wait, wait. Right. BC. 7? Chairman Gonzalez: Um -hum. Vice Chairman Sanchez: All right. We'll -- I'll go ahead and -- we'll defer that. Chairman Gonzalez: All right. I will reappoint Ralph Duharte. Will you make that motion? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: With the waivers. We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.8 06-01842 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk RESIDENCY REQUIREMENT OF CERTAIN INDIVIDUALS APPOINTED TO THE MAYOR'S INTERNATIONAL COUNCIL. CONTINUED City ofMiami Page 116 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Item BC.8 was continued to the Commission meeting currently scheduled for January 11, 2007. Chairman Gonzalez: BC.8. Priscilla A. Thompson (City Clerk): Is deferred. Chairman Gonzalez: Pardon me? Oh, deferred, right. BC.9 06-01843 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: Anna Zambrana Allyson Warren Josefina Sanchez-Pando Thema Campbell Corky Dozier NOMINATED BY: Vice Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones 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-06-0681 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appointAnna Zambrana, Allyson Warren, Josef na Sanchez-Pando, Thema Campbell, and Corky Dozier as members of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/f fths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Corky Dozier as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(6) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Allyson Warren and Josef na Sanchez-Pando as members of the Commission on the Status of Women; and further waiving the residency requirements in Section 2-884(a) by a four/f fths (4/5ths) vote of the members of the full City Commission, as it relates to Anna Zambrana as a member of the Commission on the Status of Women. Chairman Gonzalez: BC. 9. Commissioner Sanchez? Vice Chairman Sanchez: BC. 9. Priscilla A. Thompson (City Clerk): Commission on the Status of Women. Vice Chairman Sanchez: Hold on. All right. I would like to appoint Anna Zambrana, and I would also respectfully request support in a resident waiver. So move. City ofMiami Page 117 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: Second. Chairman Gonzalez: All right. Ms. Thompson: I think I need to defer to the City Attorney to make sure that that can be done, please? Julie O. Bru (Assistant City Attorney): Yes. The Commission on the Status of Women is just one that's controlled by the general standards provision, which can be waived by a four fifth vote. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Commissioner Haskins? Commissioner Haskins: I'm deferring. Chairman Gonzalez: Commissioner Regalado? Commissioner Regalado: Appointments -- reappointment, Allyson Warren and Josef na Sanchez-Pando, both need waiver for terms. Chairman Gonzalez: Commissioner Jones [sic]? Commissioner Spence -Jones: I'm reappointing the two people that have. Priscilla A. Thompson (City Clerk): Can't you -- Chairman Gonzalez: OK. Commissioner Spence -Jones: I'm sorry, Madam Clerk. I'm reappointing the two people that have. I think it's Corky Dozier is one and Thema Campbell. Hs. Thompson: And you need a waiver for absences on Ms. Dozier. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. We need a motion on the names proffered and the waivers. Vice Chairman Sanchez: What do you need, a motion or a second? Chairman Gonzalez: Yes, a motion. Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 118 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 DISCUSSION ITEMS DIA 06-01558 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. DEFERRED Chairman Gonzalez: All right. DL 1, that was deferred this morning, right? Commissioner Haskins: Right. Vice Chairman Sanchez: Si. Yes, yes, yes. D1.2 06-01658 DISCUSSION ITEM Civilian DISCUSSION CONCERNING A PRESENTATION BY THE CIVILIAN Investigative Panel INVESTIGATIVE PANEL REGARDING ITS FINDINGS AND RECOMMENDATIONS ARISING FROM AN INVESTIGATION INTO THE MIAMI POLICE DEPARTMENT'S PREPARATION FOR AND RESPONSE TO DEMONSTRATIONS DURING THE FREE TRADE AREA OF THE AMERICAS (FTAA) SUMMIT HELD IN MIAMI IN NOVEMBER 2003. CONTINUED Item D1.2 was continued to the Commission meeting currently scheduled for January 11, 2007. NA.1 06-02088 DISCUSSION ITEM Discussion regarding approval of Amendment 6. MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, instructing the City Clerk to send to Miami -Dade County the City Commission's action supporting Amendment 6 to the State Constitution, which provides an additional $25, 000 homestead exemption for low-income seniors in the City ofMiami, with the County's approval. Commissioner Regalado: Thank you very much, Mr. Chairman, and if you allow me just to bring something that is sort of a urgent matter before this brief discussion on D4.1. Last Tuesday, the voters of the state of Florida, by 76 percent, approved Amendment 6 to the Constitution of the United States. This will mean that, beginning January 1, senior citizens -- low-income senior citizens will receive $25, 000 more of homestead exemption. I remember that when the first $25, 000 additional were approved by the voters, that we had to approve it and send it to the County. The County's about to meet in December, and since, in the City of Miami, we have 8,115 property owners that do have double homestead exemption -- that means 65 years old, older, and low income -- I think it would be proper for the Commission to pass a motion to send it to the County saying that the City is adopting -- of course, with the County's approval -- this amendment, which the language of the amendment says that it has to be approved by the regional governments before it takes effect, so having said that, I move that we direct the City Clerk to send to the County a motion supporting the Amendment 6 and the $25, 000 additional thousand dollars for the seniors with low income in the City ofMiami. Vice Chairman Sanchez: Second. City ofMiami Page 119 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 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. Commissioner Regalado: Thank you very much, Mr. Chairman. NA.2 06-02089 DISCUSSION ITEM Discussion regarding lack of parking and handicapped accessibility at election precinct sites in Districts 4 and 2 on November 7, 2006. DISCUSSED Note for the Record: The City Clerk notified the Miami -Dade County Supervisor of Elections on November 9, 2006 of the concerns raised by the City Commission regarding the lack of parking and handicapped accessibility at various election precincts in City Districts 2 and 4. Commissioner Regalado: And lastly, Mr. Chairman, there will be a run-off election in the City ofMiami, then there will be a special election in Miami -Dade County, which include the City ofMiami, by January, we believe, and of course, next year, we will have municipal election. Going by some of the precincts, there are some really serious issues that we need to address, and maybe the Clerk can address this with the Election Department. The voting, as it was, was very smooth, no malfunctioning of the electronic machines. However, we have -- at least that I saw, and I didn't went to the 95 precincts in the City of Miami, but we have, in the areas that I visited -- two of them in District 4; one of them in District 2 -- we have a problem with the sites. There is no parking. You can -- like in Badia Center in Flagami, you are not allowed to park inside because the clients are parked inside and the vans, so -- but the overflow of clients are parked in front of the streets, the residential streets. Now several people left without voting because they couldn't find parking in that site. In Morningside, there is another site that people left because they couldn't park. There are several churches that would not allow parking in their parking lot. Example, the one on 27th, and I went by there too. That is share by District 2 and District 4, and there was a serious issues because they had to park in Publix and walk about two blocks, or cross 27th Avenue, which we know it's very difficult. We need to really address this because -- I mean, the County picks the sites, but they don't explore the parking facilities, and you know, one person, one vote. I think that some people were really disenfranchised last Tuesday because they couldn't vote because of no parking, so that is the concern that we need to address. Commissioner Haskins: Commissioner Regalado, I'm glad you raised that issue. The other thing that I saw is there was not always handicap accessibility, and -- Commissioner Regalado: Three sites did not have -- Commissioner Haskins: Did not have handicap accessibility, so we were helping people in wheelchairs get into the site to be able to vote, so -- Commissioner Regalado: Yeah, and -- Commissioner Haskins: -- the County really needs -- Commissioner Regalado: -- let me tell you -- City ofMiami Page 120 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Haskins: -- to review this. Simpson Park is another one; that location has very little voting -- very little parking, almost none, so we really need to have the County review that, both handicapped accessibility and parking. Commissioner Regalado: And in one instance, with no handicap accessibility, one of the County employees said, "Oh, that's not a problem because we have a portable machine, and we take it outside to the street, and the person can vote, " and we said, well, how about if it rains? Well, you know, then we get an umbrella, so here we have a problem. We also have a problem in Liberty Square. Commissioner Haskins: I can tell you that none of the campaign workers that were at these sites, when they saw us doing this, offered to bring out a portable machine. Commissioner Regalado: Well -- Commissioner Spence -Jones: And I want -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- to agree with the both of you guys because I just witnessed that myself this past weekend. It's amazing how many handicapped people came to --came out and just, you know, no -- got no assistance. There was nobody on the outside of those polls saying, you know, can I assist you with going inside? So you had elderly folks that literally, you know, it was a challenge for them to vote, and it should never be that. Chairman Gonzalez: All right. Does that conclude the discussion on that item? Commissioner Regalado: Yeah. I think -- Chairman Gonzalez: All right. Commissioner Regalado: -- you know, I think we -- we're -- if we do not fix this, we're going to have a problem, at least, in the run-offand in the special election in January, the countywide, because, I'm telling you, I visited several, and four out of five are having problems with the parking. It's very difficult to park to vote, and when you cannot find parking, you leave, and then you are disenfranchised as a voter. Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, I'll proceed to communicate that information to the Superintendent of Elections to the County, especially the precincts that will be needed for the November 21 election. Commissioner Regalado: Thank you. NA.3 06-02079 DISCUSSION ITEM Discussion concerning unfulfilled Commission directives. DISCUSSED Vice Chairman Sanchez: Would you -- Commissioner Spence -Jones: Let me just say -- Vice Chairman Sanchez: --yield? City ofMiami Page 121 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Spence -Jones: Sure. Vice Chairman Sanchez: You know, what frustrates me the most -- and I'm trying to -- you know, I've never gotten to this point in this Commission. What frustrates me the most is that, you know, we work very hard, and I know that our City employees work very hard, but maybe we have a problem with miscommunication, when we work with the City Manager and the departments. Somehow we legislate stuff here and nothing gets done, and I have a list of items. Whatever reason we legislate stuff -- and we are the legislative body. We are the legislative body. We have a constitution and that constitution clearly states the powers that we hold, and what makes us a better government is that we have a tier -- a three-tier system of government where it's truly a process, and we dictate policies and nothing happens. I'll give you a perfect example. I dictated the last Commission meeting or two meetings ago to come back with a -- the Blue Ribbon Committee for -- to sit down with the unions and trying to work out the issue, so it isn't us, it isn't the union, it isn't the Administration. Independent professional people in our community to sit down and come back with a reasonable suggestion, things that we could use, maybe they come up with nothing, but I think that we have very talented people in our community to get those things done. We directed it. We voted on it. Has the City Manager implemented it? Have you had meetings with people? Have you gone to seek (UNINTELLIGIBLE) people? I don't think so, and like that, I have a list of 14 items that I have approved in this Commission, legislative, and somehow, the Administration has dropped the ball. My staff does not have the time to be bothering departments. We have to go out there and heel [sic] to the concerns and the complaints of our residents, whether it's park, the garbage not being picked [sic], whatever it is. I don't have time, my staff, to be after the City Manager or department heads to get legislation through. NAA 06-02080 DISCUSSION ITEM Discussion regarding bi-monthly progress reports relating to Commission directives. DISCUSSED Direction by Commissioner Spence -Jones to the City Manager to provide the Commission with bi-monthly progress reports relating to Commission directives. Commissioner Spence -Jones: But let me just -- and my last point, and Mr. Manager, we had this conversation with staff yesterday, and it's amazing, you never really know that other people feel the same way until you actually get on the dais because we're not allowed to really speak, but that was my issue yesterday. It's like you sit up here and you vote on items, you pass legislation, and then your -- you ask where are we four or five months from now, and everyone's looking at you like you crazy, and there's -- clearly, legislation has been passed; we voted on items, and nothing's happened with it. Now I have to also admit, in the last meeting, Mr. Manager, I almost fell out of my chair because you did give a report on where we were with certain items that I had talked about four or five months ago, even before you got here. I just think it's important for us to have the -- as I mentioned before, some sort of progress reports on whatever legislation that we pass. We don't have that? Vice Chairman Sanchez: No, no, no, no. Commissioner Spence -Jones: OK. Commissioner Haskins: I'm still not getting progress reports on capital improvements projects. Commissioner Spence -Jones: But this is what I'm saying to the City Mana -- I mean, and I -- in all fairness to Pete, because he's only -- he just got in July, and he's been cleaning up a whole City ofMiami Page 122 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 bunch of mess, and I have to admit, when you do something good and you do something right, you have to acknowledge that, and you did give me an update, and I wasn't even expecting it, but if we can at least have either a bimonthly report, you know, so that at least we know that we're not passing legislation for no reason and nothing's happening with it. NA.5 06-02081 DISCUSSION ITEM Discussion concerning the creation of a City of Miami swim team and the increase of $15.3 million in no -bid park contracts. DISCUSSED Commissioner Haskins: Can I say --? Mr. Burkeen: If -- Commissioner Haskins: Mr. -- Chairman Gonzalez: Go ahead, Commissioner Haskins. Commissioner Haskins: -- Chairman. You know, I -- this is not just an activities issue, although, you know, recently, I asked -- I was talking with someone who'd really like to start a City ofMiami swim team, and we do have pools, OK, and I would really like to see a response to that offering of starting a City ofMiami swim team. City ofMiami Swim Team, in the '60s, were national champions year after year after year, and then as the City sunk deeper and deeper into financial strife, as -- we eliminated the City ofMiami swim team, and what do we have? We have water here, and we should be able to be responsive to that, but then we have other issues, OK. We have other issues, and I feel the same way. I think ev -- you know, later on in this meeting, we're going to increase 8.1 million of no -bid contracts by 15.3 million. We're going to increase 8.1 million of no -bid contracts by $15.3 million, and both of these contracts are involved in parks, and I have a real problem, because I know you came to Morningside with me. You heard the issues at Morningside. When Ernest and I were at Morningside together, half of the park is unusable because of flooding, half of it is unusable because of flooding. Where the children's area is, where the children's playground is, it's under water. During the summer, when we need -- when we want our kids there, they can't use it because it's flooded. Nothing's happening on that project. Roberto Clemente. The building at Roberto Clemente is still closed. Two years closed. Screw up after screw up after screw up. Fix a roof- it's inundated with termites; now we've got to build a whole new building. We don't know when we're going to build it. Still don't know when that money's coming back to Roberto Clemente Park. We have a very active park there that our community wants to use. It was their community center. It was our NET (Neighborhood Enhancement Team) office. Our NET officers -- our NET Office there is working out of trailers, but yet, we can increase 8.1 million in no -bid contracts by 15.3 million so that they now total 23.4 million. Then I have Kennedy Park. We want a shade canopy. We want the rubberized surface in the play yard. I know that's on the board. I know that's coming this month, because hurricane season is over, but those people have asked for a splash park that the -- that children's area is so active, and those -- the people in this area have asked for a splash park for the kids forever, and it's a perfect venue for it. There's no splash park there. Vice Chairman Sanchez: No. Commissioner Haskins: Nothing on the board for it, so when we go through all of this, you know, I really want us -- I really want to understand what in the world are we doing with our capital improvement dollars? What are we doing with capital improvement dollars that we're continuing to feed these contracts that were given out on a no -bid basis, and we're depriving our citizens and all sorts of other parks the ability to have amenities. City ofMiami Page 123 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 NA.6 06-02082 DISCUSSION ITEM Discussion concerning $100,000 grant donation from Bayfront Park Trust to each Commission district for the sole purpose of providing park programs for the youth and/or elderly. DISCUSSED Vice Chairman Sanchez: Mr. Chairman, at the next Commission meeting, we will be putting forth the half a million dollar -- $100, 000 going towards each Commissioner that was approved by the Bayfront Park Trust coming for -- accepting the half a million dollars. Chairman Gonzalez: We should all be very grateful to you, because with those monies that you're donating, we are being able to have programs in different parks that otherwise wouldn't probably have them, so everyone should be very grateful to you, and to the work that you're doing as the Chair on the Bayfront Park. Vice Chairman Sanchez: Thank you very much. Commissioner Regalado: But -- Chairman Gonzalez: All right. Commissioner Regalado: --you know. Mr. Vice Chairman and Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- we should request, before we accept his grant, to have a report of what happened with the other $100, 000, because I do know that I said we should do -- we should use this in Shenandoah; that I know, but I don't know. Vice Chairman Sanchez: The only restriction, it is public -- it's public service. In other words, it is -- Chairman Gonzalez: Programs. Vice Chairman Sanchez: -- either for -- Commissioner Regalado: No. I mean, I just want to know. Vice Chairman Sanchez: --parks programs -- Chairman Gonzalez: Programs. Vice Chairman Sanchez: --for the youth or the elderly. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: That's the only restriction. Commissioner Regalado: It's fine by me. Vice Chairman Sanchez: All right. NA.7 06-02083 DISCUSSION ITEM City ofMiami Page 124 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Discussion concerning legislation regarding the review of boards and their residency requirements. DISCUSSED Vice Chairman Sanchez: Also -- Chairman Gonzalez: And that's it. Vice Chairman Sanchez: -- when are we bringing up the legislation on certain boards that were going to be -- you know, that won't require residency? This -- at the last Commission meeting, we passed, I think it was 4/1, to direct the Administration to come back, through the Legal Department, to bring back legislation -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- to review all the boards, except Planning and Zoning and PAB (Planning Advisory Board) for residency requirements. We wanted to address that issue, and therefore, you -- Legal Department has not gotten back with us, please, provided you had been working on it -- Julie O. Bru (Assistant City Attorney): Yes, Commissioner. It'll be ready -- Vice Chairman Sanchez: -- and it will be at the next meeting -- Ms. Bru: --for -- Vice Chairman Sanchez: -- and I will not have it as a blue page item, and I will not have it as an -- Ms. Bru: No. Vice Chairman Sanchez: -- emergency item either. Ms. Bru: It'll be ready for December. However, I'd like to bring up an issue. When the motion was made, it was amended by Chairman Gonzalez to include all advisory boards. I have identified a few advisory boards that you might not want to change the specific requirements, such as the Little Havana Homeownership Advisory Board. Chairman Gonzalez: Of course not. Ms. Bru: There's a requirement there that the individuals appointed reside in a particular area. Vice Chairman Sanchez: Well, those -- Chairman Gonzalez: Of course. Vice Chairman Sanchez: -- will stay -- Chairman Gonzalez: Of course. That's -- Vice Chairman Sanchez: -- exactly as it is. Ms. Bru: OK. City ofMiami Page 125 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Chairman Gonzalez: --common sense. Ms. Bru: Also the -- Vice Chairman Sanchez: See, but that's -- Ms. Bru: -- Coconut Grove Business Improvement Committee, you wouldn't want to change that, correct? Vice Chairman Sanchez: No. Ms. Bru: And the Overtown Advisory Board, you wouldn't want to -- Vice Chairman Sanchez: Of course not. Chairman Gonzalez: Of course not. Ms. Bru: OK, so every other board -- Vice Chairman Sanchez: Every other board. Ms. Bru: -- we will be bringing back, so it's about -- Vice Chairman Sanchez: Exactly. Ms. Bru: -- ten of them. Vice Chairman Sanchez: Right, and that should come back on the regular agenda. Ms. Bru: Yes. Vice Chairman Sanchez: Not a blue page item, nor an emergency item, just a regular item. Ms. Bru: Right. Vice Chairman Sanchez: OK. Ms. Bru: It will. Chairman Gonzalez: All right. I believe -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- before we leave, Madam Clerk -- Priscilla A. Thompson (City Clerk): Yes. Commissioner Regalado: -- on the Mayor's International Council, do we need to make an appointment? Ms. Thompson: No. What happens is they need to proffer the name to us, and then we give it to you. They did not proffer a name to us yet. City ofMiami Page 126 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Commissioner Regalado: Oh, OK. NA.8 06-02084 DISCUSSION ITEM Discussion concerning creation of ordinance allowing dogs in food service establishments. A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the City Attorney and City Manager to create an ordinance, pursuant to Florida Statute Section 509.233, providing for a three-year program to allow dogs in approved outdoor seating areas of food service establishments. Chairman Gonzalez: OK. DL 2. Commissioner Spence -Jones: Deferred too. Commissioner Haskins: Deferred as well. Chairman Gonzalez: OK, so that concludes the Vice Chairman Sanchez: Well, pocket items. Chairman Gonzalez: -- regular agenda. Priscilla A. Thompson (City Clerk): No. I'm -- Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Any pocket items? Commissioner Haskins: Yeah, I have a pocket item. There was a change in the state statute relating to people being allowed to take dogs to outdoor cafes, and outdoor cafes and their pets are big things in the -- in Coconut Grove especially, and in the Upper Eastside, we have a number of outdoor cafes. I spoke with the City Attorney's Office to draft an ordinance, but under our charter, or under our ordinance, it needs to go to -- Mr. Fernandez: Planning Advisory. Commissioner Haskins: -- Planning Board first, so what I'd like is -- I'm proposing a motion that the City Attorney and the City Manager bring an ordinance of the Miami City Commission, pursuant to Florida Statute Section 509233, providing for a three-year program to allow dogs in approved outdoor seating areas of food service establishments, and to provide for necessary regulations relating thereto; containing a repealer provision, a severability clause, and providing for an effective date. Chairman Gonzalez: On behalf of my Yorkie -- Vice Chairman Sanchez: I'll second it. Chairman Gonzalez: --I want to thank you. Vice Chairman Sanchez: Wait, I'm going to second it, roof, roof. City ofMiami Page 127 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Fernandez: That was second (UNINTELLIGIBLE). Chairman Gonzalez: All right. We have a motion; we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Sanchez: That should please all the pet lovers. Commissioner Haskins: That's right. NA.9 06-02085 DISCUSSION ITEM Discussion concerning update on list of all City of Miami subcontractors and payments made by the City. DISCUSSED Commissioner Haskins: The other thing that I wanted to check on is, in the last Commission meeting, I had asked for a list of all the subcontractors that have fallen under our contracts, and what they had been paid, so I was wondering if there's an ETA (Estimated Time ofArrival) on that request? Pedro G. Hernandez (City Manager): Commissioner, I know the Department is working on it, and I'll let you know when we'll have it, but definitely, I'll give you a callback -- Commissioner Haskins: OK. Mr. Hernandez: -- because I don't want to promise anything on the record at this point. Thank you. Chairman Gonzalez: All right. Any other pocket items? Jorge L. Fernandez (City Attorney): Mr. Chairman. Vice Chairman Sanchez: I have one. Chairman Gonzalez: Just a minute, Mr. -- Mr. Fernandez: I'm sorry. Chairman Gonzalez: -- City Attorney. Just a minute. Control yourself. Any other pocket items from any other of the Commissioners? NA.10 06-02090 RESOLUTION District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $1,000, FOR THE IRANIAN FESTIVAL, TO BE HELD ON NOVEMBER 11, 2006, AT BAYFRONT PARK, TO HELP WITH THE POLICE AND FIRE FEES ASSOCIATED WITH SAID EVENT; ALLOCATING SAID FUNDS, FROM THE DISTRICT 3 ACCOUNT NO. 00001.111000.882000. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 128 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0684 Vice Chairman Sanchez: Mr. Chairman, if l could be recognized. Chairman Gonzalez: Vice Chairman. Vice Chairman Sanchez: I have a pocket item pertaining to the Iranian Festival. It is an annual event being held at Bayfront Park, and it is a resolution of the City ofMiami providing support in the amount not to exceed 1, 000 from the District 3 account to the Iranian festival for helping with Police and Fire fees for their November 11 festival at Bayfront Park, and this is being done out of the kindness of our hearts to the Iranian people. Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Any other pocket items from the Commission? OK. Vice Chairman Sanchez: They could take their dog to the festival. NA.11 06-02086 DISCUSSION ITEM Discussion concerning settlement of fire fee litigation. DISCUSSED A motion was made by Commissioner Regalado instructing the City Attorney to pursue an immediate settlement in the fire fee litigation, but said motion died for lack of a second. Commissioner Regalado: And can we entertain a motion to direct the City Attorney to seek an immediate settlement on the fire fee case? Jorge L. Fernandez (City Attorney): Yes, you may so direct me. It would be, in a way, redundant because we've been doing that all along. Commissioner Regalado: No, no. It would not be redundant, because the motion will also stop any and all payments to outside counsel until we get a settlement. Mr. Fernandez: Well, I would advise against that. In my opinion, that would not be -- Commissioner Regalado: See -- Mr. Fernandez: -- a prudent course of action. Commissioner Regalado: -- that's my point. I wanted just to make that point. Mr. Fernandez: Yes. Commissioner Regalado: We -- City ofMiami Page 129 Printed on 12/14/2006 City Commission Meetinq Minutes November 9, 2006 Mr. Fernandez: Point well made. Commissioner Regalado: -- are -- see, we have a double standard here and it's wrong because the fire fee is as wrong as the Hammes, maybe more, and we keep spending legal fees because we felt that we needed another settlement, and that is wrong. Mr. Fernandez: But the City has prevailed in undoing the bad settlement, so whatever it is that was wrong was undone. Now what the City's doing is defending itself appropriately on the merits of the case. The bad settlement, the City has already prevailed on, as you said, at a cost of over $300, 000, but the City prevailed on the bad deed. Commissioner Regalado: I know, but as of now, we're litigating against the residents. Mr. Fernandez: And rightly so, we should, because the residents believe that they're entitled to an amount that does not afford logic. The residents would be getting the reimbursement through a settlement process or through a court decree after the case is made. MOTION TO ADJOURN MOTION A motion was made by Commissioner Haskins, seconded by Commissioner Sanchez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 130 Printed on 12/14/2006