Loading...
HomeMy WebLinkAboutCC 2007-07-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Tuesday, July 10, 2007 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 10, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 10th day ofJuly 2007, 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 9:23 a.m., recessed at 12:31 p.m., reconvened at 2:50 p.m., and adjourned at 6: 06p.m. Note for the Record: Commissioner Spence -Jones entered chambers at 3: 16 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney (Julie O. Bru, Assistant City Attorney) Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff and me, Angel Gonzalez, Chairman. Also on the dais are Pedro Hernandez, City Manager, Jorge Fernandez, City Attorney, and Priscilla Thompson, City Clerk. The meeting will be open with a prayer by Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00896 CEREMONIAL ITEM Acknowledgments Mayor Diaz The City of Miami Department of Economic Development is recognized with the 2007 Urban Markets Pathfinder Award given by The Brookings Institution for excellence in capturing market potential by investing in the neighborhood of Liberty City. Protocol List.pdf 1. Vice Chairman Sanchez presented a Certificate ofAppreciation to Brett Bibeau and Pat Morris for their outstanding participation in the tree planting event at Robert King High School during the River Day celebration. 2. Mayor Diaz recognized Lisa Mazique, director of Deparhnent of Economic Development, and Glendon Hall, assistant director, for being instrumental in the City receiving a grant award from the Environmental Protection Agency, in the amount of $400, 000, for brownsfield work done in the City ofMiami. 3. Mayor Diaz recognized Alyssa Stewart Lee, acting director of the Urban Markets Initiative of the Brookings Institute, Debra Kolsky, president ofRedevco, and Allan Kolsky, who were instrumental in the City receiving the Urban Markets Pathfinder Award from Brookings Institute. 4. Mayor Diaz recognized Peter Korinis, Chief Information Officer, James Osteen, assistant director of the Department of Information Technology, Kelly Penton, director of the Office of Communications, Robert Ruano, director of the Department of Grants & Sustainable Initiatives, City ofMiami Page 3 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 MAYORAL VETOES and other City employees who were instrumental in the City receiving the City Livability Award at the U.S. Conference ofMayors. Chairman Gonzalez: We will now make the presentations and proclamations. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Mayor. Thank you, Mr. Chairman. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: I would like to report that there hasn't been any vetoes from the Mayor's Office. Let the record reflect that. Priscilla A. Thompson (City Clerk): Correct. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We need to approve the minutes of the special meeting ofJune 12 and June 14, 2007. Is there a motion? Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Consent agenda. Does any of the Commissioner wants to defer any of the items or -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Chairman Gonzalez: -- pull them? Ms. Thompson: Did I hear that you only did the motion on June 12 meeting? We have the 12th and the 14th. Chairman Gonzalez: June 12 and June 14. Ms. Thompson: Thank you. Chairman Gonzalez: That was the motion, yes. Ms. Thompson: Thank you. City ofMiami Page 4 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Order of the Day Chairman Gonzalez: All right. We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this meeting. Madam City Attorney. Note for the Record: Please refer to item CA.11 for minutes referencing same. Julie O. Bru (Deputy City Attorney): Yes. Good morning, Mayor, Chairman, and members of the Commission. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Any person or entity requesting approval, relief or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement or continuance of the hearing on the issue, the following information: Number 1, whether any consideration has been provided or committed, directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action; 2, to whom the consideration has been provided for or committed; 3, the nature of the consideration; and 4, a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. 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 the Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or 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. Persons wishing to speak should inform the City Clerk, as soon as possible, of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first, and do any Commissioners or the Manager wish to have items removed from the agenda? Mr. Manager. Yes, any items removed or deferred? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, items RE.1, RE.2 are both continued to September 13. RE.8 and RE.9 are -- I'm sorry. RE.8 -- and RE.8 is the one that deals with the millage, and the reason that we're deferring to July 26 is because we're frying to clarify with the State in Tallahassee as to what governs, whether the trim act governs the maximum cap that can be approved by the City Commission or House Bill 1 that was recently passed by the Legislature in this last session, so we're frying to clarify that with Tallahassee. We still have time on July 26 to be able to pass the millage cap without any issues, so we want to be clear rather than providing you information that may not be totally correct, so that's -- just 8. RE.20 is continued to September 13. City ofMiami Page 5 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Which one? Mr. Hernandez: RE.20. RE.23 and 24 are deferred to July 26, and we also have PH.3, that's Public Hearing 3, deferred to July 26, so I'll go over them quickly because we have -- Commissioner Spence -Jones: Pete, what was the last one again? Mr. Hernandez: The last one would be PH 3 - Commissioner Spence -Jones: OK. Mr. Hernandez: -- so we have RE.1 and RE.2 to September 13. We have RE.8 to July 26, RE.20 to September 13, RE.23 and 24 to July 26, and PH3 to July 26. Those are the changes. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Manager, on RE.8, do you believe we'll have sufficient time? Mr. Hernandez: Definitely. I was talking to Michael Boudreaux from our Budget office. He was in contact with Tallahassee, and all that we're frying to do is to be clear on the information that we provide to the City Commission. The trim bill normally requires that your cap be the current year millage rate. On House Bill 1, it says that the cap is the cap that you develop as a result of the new formula passed by the State Legislature in the recent session. Both -- there's a contradiction there, and we want to be sure that we clarify that before we bring it up to you, and we have until the beginning ofAugust to be able to pass the millage cap, so in July 26, we'll be able to then pass the right cap or provide to you the right information. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. CONSENT AGENDA CA.1 07-00238 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works NORTHWEST 3RD AVENUE FROM NORTHWEST 11TH TERRACE TO NORTHWEST 12TH STREET, MIAMI, FLORIDA, AS "PROFESSOR CHARLES L. WILLIAMS STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00238 Legislation.pdf 07-00238 Summary Form .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0373 CA.2 07-00810 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 38TH AVENUE FROM ORANGE STREET TO BIRD ROAD, MIAMI, FLORIDA, AS "MIAMI GREEN WAY;" FURTHER DIRECTING THE City ofMiami Page 6 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00810 Legislation.pdf 07-00810 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0374 CA.3 07-00130A RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 38TH COURT FROM FLAGLER STREET TO SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AS "MAJOR GENERAL CALIXTO GARCIA-INIGUEZ WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00130A Legislation.pdf 07-00130A Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0375 CA.4 07-00842 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING THE Public Works MEDIAN AT THE INTERSECTION OF LA PLAYA BOULEVARD AND VENTURA AVENUE, MIAMI, FLORIDA, AS "LA PLAYA MEDIAN," FOR THE PLACEMENT OF A PLAQUE IN MEMORY OF OSCAR CHANDLER, AT NO COST TO THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT AND ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-00842 Legislation.pdf 07-00842 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0376 CA.5 07-00812 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S),ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMS COUNTY GRANT C#6013 AWARD (FISCAL YEAR 2006-2007"), IN AN AMOUNT NOT TO EXCEED $88,459, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL City ofMiami Page 7 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES;"AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 07-00812 Legislation.pdf 07-00812 Exhibit 1.pdf 07-00812 Exhibit 2.pdf 07-00812 Summary Form.pdf 07-00812 Letter.pdf 07-00812 Catalog Detail.pdf 07-00812 Pre-Legislation.pdf 07-00812 Grant Application.pdf 07-00812 Memo.pdf 07-00812 Application Packet.pdf 07-00812 Fund Distribution.pdf 07-00812 Distribution of Grant.pdf 07-00812 Expenditure plan .pdf 07-00812 Pre -Attachment 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0377 CA.6 07-00814 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO EXECUTE THE AGREEMENTS BETWEEN THE TRUST AND MIAMI STAR CASINO, LLC D/B/A HORIZON'S EDGE CASINO CRUISES ENTITLED: 1) EXTENSION OF TERM AND AMENDMENT OF USE AGREEMENT, 2) EXTENSION OF TERM AND AMENDMENT OF VALET PARKING CONCESSION AGREEMENT, AND 3) EXTENSION OF TERM AND AMENDMENT OF REVOCABLE LICENSE AGREEMENT. 07-00814 Legislation.pdf 07-00814 Exhibit 1.pdf 07-00814 Exhibit 2.pdf 07-00814 Exhibit 3.pdf 07-00814 Exhibit 4.pdf 07-00814 Exhibit 5.pdf 07-00814 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0378 CA.7 07-00815 RESOLUTION City ofMiami Page 8 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Capital RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE Improvements FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST Program FOR QUALIFICATIONS NO. 06-07-010, THAT THE FIRMS MOST QUALIFIED TO PROVIDE ARCHITECTURAL AND LANDSCAPE ARCHITECTURAL SERVICES FOR MISCELLANEOUS PROJECTS THOUGH OUT THE CITY OF MIAMI, IN RANK ORDER ARE: (1) ZYSCOVICH, INC., (2) ASTERINO, AND (3) WOLFBERG ALVAREZ & PARTNERS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SAID THREE TOP -RANKED FIRMS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE FOURTH -RANKED FIRM IN THE EVENT NEGOTIATIONS FAIL WITH THE THREE TOP -RANKED FIRMS; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL AT A LATER DATE. 07-00815 Legislation.pdf 07-00815 Summary Form.pdf 07-00815 Memo.pdf 07-00815 Ranking Forms.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0379 CA.8 07-00840 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FILBON S.A., FOR THE STAGING OF AN INTERNATIONAL SOCCER MATCH BETWEEN THE NATIONAL TEAM OF HAITI VS. BOCA JUNIORS, ARGENTINEAN CLUB, TO BE HELD JULY 28, 2007, AT THE ORANGE BOWL STADIUM, WITH A MAXIMUM BASIC USE FEE OF $10,000; PROVIDING FOR THE ORGANIZER TO PAY ALL NECESSARY COSTS OF CITY OF MIAMI SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00840 Legislation.pdf 07-00840 Exhibit 1.pdf 07-00840 Exhibit 2.pdf 07-00840 Summary Form.pdf 07-00840 Estimated Revenue.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0380 CA.9 07-00841 RESOLUTION City ofMiami Page 9 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED APRIL 23, 2007, PURSUANT TO INVITATION FOR BIDS NO. 21024, FROM SEABOTIX, INC., FOR THE PURCHASE OF TWO (2) REMOTE OPERATED UNDERWATER VEHICLES (ROV), FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $173,873.60; ALLOCATING FUNDS FROM PORT SECURITY GRANT, PROJECT NO. 19-110172, ACCOUNT CODE NO. 12000.191602.664000.0000. 07-00841 Legislation.pdf 07-00841 Summary Form.pdf 07-00841 Tabulation of Bids.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.10 07-00855 Office of Sustainable Initiatives R-07-0381 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUSTAINABLE INITIATIVES" AND APPROPRIATING FUNDS, CONSISTING OF A DONATION FROM ECOMEDIA, IN THE AMOUNT OF $35,500, AND DONATIONS FROM VARIOUS PRIVATE, LOCAL, STATE AND FEDERAL SOURCES, TO SUPPORT SUSTAINABLE INITIATIVES; AUTHORIZING THE CITY OF MIAMI ON BEHALF OF THE MIAMI OFFICE OF SUSTAINABLE INITIATIVES, TO ACCEPT MONETARY DONATIONS TO BE DEPOSITED IN SAID FUND. 07-00855 Legislation.pdf 07-00855 Summary Form.pdf 07-00855 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.11 07-00856 Office of the City Attorney R-07-0382 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SUSAN CAMBRIDGE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $71,250 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF SUSAN CAMBRIDGE VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NOS: 01-12010 CA 10 AND 05-3793 CA 24 UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. City ofMiami Page 10 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 07-00856 Legislation.pdf 07-00856 Cover Memo.pdf 07-00856 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez and Commissioner Regalado absent, to deny item CA.11. Note for the Record: Please refer to "Order of the Day" for minutes referencing item CA.11. Vice Chairman Sanchez: All right. Let's do CA.11. Let's get that out of the way. Commissioner Sarnoff, that was an item you requested -- Commissioner Sarnoff Correct. Vice Chairman Sanchez: -- to table and be brought up in the afternoon. Commissioner Sarnoff Correct. Vice Chairman Sanchez: You're recognized for that. That's the settlement of Susan Cambridge. Commissioner Sarnoff Yeah. Just so this Board understands, I am not going to be voting in favor of this resolution. This is where we're taking a City employee who's alleging harassment, and moving them from one -- from the Planning Department over to the, for a better word, I guess it's NET (Neighborhood Enhancement Team) -- Vice Chairman Sanchez: NET. Commissioner Sarnoff -- and we're paying her $71,250 along with that. You're sending a wrong message. If, in fact, this is a baseless allegation, then let the court of law decide it. There is a $100,000 cap, as best we can describe. I will tell you, as a lawyer, you do not settle with someone for 71 percent of what they can get. Vice Chairman Sanchez: All right, so we would need a motion to deny the settlement. Commissioner Sarnoff I'll make that motion, sir. Vice Chairman Sanchez: There's a -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- motion by Commissioner Sarnoff second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone if opposition, having the same right, say "nay." Motion carries, and the settlement has been denied. CA.12 07-00858 RESOLUTION City ofMiami Page 11 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE DISASTER Technology RECOVERY SERVICES AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND SUNGARD RECOVERY SERVICES, PURSUANT TO RESOLUTION NO. 03-420, ADOPTED MAY 6, 2003, FOR THE CITY'S CRITICAL INFORMATION TECHNOLOGY EQUIPMENT, IN THE AMOUNT NOT TO EXCEED $70,000, FROM $460,000 TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $530,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 00001.251000.546000.0000.00000. 07-00858 Legislation.pdf 07-00858 Exhibit 1.pdf 07-00858 Summary Form.pdf 07-00858 Pre-Legislation.pdf 07-00858 Agreement.pdf 07-00858 Pre-Attachment.pdf 07-00858 Equipment Schedule.pdf 07-00858 Network Services.pdf 07-00858 Pre -Attachment 2 .pdf 07-00858 Pre -Attachment 3 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0383 CA.13 07-00573 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO DISTRIBUTE FUNDS, IN AN AMOUNT NOT TO EXCEED $162,171, FROM THE TREE TRUST FUND; AUTHORIZING THE ALLOCATION OF SAID FUNDS, TO VARIOUS COMMUNITY BASED ORGANIZATIONS ("CBOS"), AS STATED HEREIN, FOR THE PURPOSE OF PLANTING TREES ON CERTAIN PUBLIC RIGHTS OF WAY IN THE CITY OF MIAMI ("CITY"), WITH SEVERAL CITY DEPARTMENTS COORDINATING SERVICES WITH SAID CBOS, AS STATED HEREIN. 07-00573 Legislation.pdf 07-00573 Summary Form.pdf 07-00573 Pre-Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0384 Adopted the Consent Agenda City ofMiami Page 12 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, 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, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Commissioner Sarnoff Yeah. Mr. Chairman, I'd like to pull CA.11, and I'd like to discuss that after lunch, if possible. I'd also like to pull CA.13. CA.11 and CA.13. Chairman Gonzalez: Both for after lunch or --? Commissioner Sarnoff CA.11 for after lunch, Mr. Chair, and CA.13 for point of discussion. Chairman Gonzalez: OK. Any other items to be pull? Vice Chairman Sanchez: CA.7 for discussion, Mr. Chair. Chairman Gonzalez: All right. That it? Commissioner Sarnoff you're recognized on CA.13. Commissioner Sarnoff Yeah. Mr. Manager, I noticed that on CA.13, if my recollection serves me correct, there is approximately five to six hundred thousand dollars of Tree Trust funds that were available. The previous City Manager committed to the Village Council, back in December of '05, $300, 000 to go to a program that was developed by -- I'll use the principal author as Lillian Ordonez. She spent this much time creating the program, and I have the resolution from the Village Council. I also have the videotape of the former City Manager committing the $300, 000, and the project was known as Reforest the Grove, and my suspicion is that much of the money that's being dedicated -- and if you recall previous meetings, upwards of 91 percent of the money in that Tree Trust fund comes from Coconut Grove, and it appears to me that you're now using community -based organizations to do some reforesting programs, but suspect, and correct me if I'm wrong, that the Reforest the Grove project is not funded or considered to be a valid project. Am I correct on that? Pedro G. Hernandez (City Manager): Commissioner, the effort that we have underway as a result of this item is one that is citywide, and it amounts to like $120, 000. The total balance in the Tree Trust is in the vicinity of 600, 000, plus or minus, so obviously, there is the opportunity to consider the plan that you have, you know, with you there because there will be sufficient funding to accommodate it. I think in the present program that we have, we're only probably addressing a very small percentage of it because it's only 120 citywide, butl think that that's a commitment that I'll be able -- I would be glad to follow up and deliver on it. Commissioner Sarnoff I just want to make sure that we're committed to doing it because time and time again, when I get briefed by your office or any other directors and it's told to me that this was a previous commitment of this City, I'm expected to honor that commitment as a Commissioner, and I would expect and hope that -- a lot of people in Coconut Grove spent a lot of time over Christmas of 2005 developing this program, and so far, $30, 000 of the program has been funded, which means -- and it was supposed to be done in phases, and I take it that each time you phase it, you'll learn something new and how to improve yourself. I just don't want to see a lot of people's efforts and a lot of people's time wasted because the City's taking the money elsewhere, which is a different issue in and of itself. If 90 percent of the money comes from Coconut Grove and 90 percent of the money comes as a result of the Grove being deforested, that money should equally come back to the Grove. I hope you feel that way because I know I do. Mr. Hernandez: Commissioner, I'll live up to the commitments of prior administrations and City Commissions, and I think that we have enough funding to be able to pursue and fulfill the City ofMiami Page 13 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 commitments of that plan. Commissioner Sarnoff Thank you. Thank you, Mr. Chair. Commissioner Spence -Jones: Mr. Chair, I just have one question on this item. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: Mr. Manager, I just wanted to ask -- I did see the -- is it four or five organizations that were selected, correct? Mr. Hernandez: Yes. Commissioner Spence -Jones: What was the -- how was that determined that they would --? Mr. Hernandez: How they were selected? Robert. Commissioner Spence -Jones: Yeah. Robert Ruano: OK. Robert Ruano, director of Grants and Sustainable Initiatives. We basically worked with organizations that the City had worked with in the past that we felt could take care of this planting within the season, you know, so when it's raining, so basically all these organizations have a great track record. They've worked with the Commissioner's office. I believe each of you has worked with each of these organizations. We felt that they had the track record, and they committed to being able to do the planting within three to four months. Commissioner Spence -Jones: OK, and just real -- and in closing, Robert, the -- have we identified the key areas in which we -- for each -- at least, for each one of our districts as to where the plantings need to take place, or do we give them that direction, or is that something they provide to the Grants Department as to --? Mr. Ruano: Well, actually -- Commissioner Spence -Jones: I mean -- or do they just do it randomly? They just put trees where they -- Ruano: No, no. Commissioner Spence -Jones: OK. Mr. Ruano: We gave them basic neighborhoods and areas where we thought, based on community input, that frees needed to be planted, but they have been told -- and what the process -- the way the process needs to work is that once they are awarded, before they start identifying the areas, they need to work with the NET (Neighborhood Enhancement Team) administrator from that area and the Commissioner's office from that area. Commissioner Spence -Jones: So NET will be involved in working with them iden -- Mr. Ruano: NET and the Commissioner's office -- Commissioner Spence -Jones: OK. Mr. Ruano -- both, to see where -- which is the best area where the community wants these trees planted. City ofMiami Page 14 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: Thank you, Robert. Mr. Ruano: You're welcome. Chairman Gonzalez: Commissioner -- Vice Chairman Sanchez, you're recognized on CA.7. Vice Chairman Sanchez: Thank you, Mr. Chairman. Mr. City Manager, with some of the problems that we've been having at the Capital Improvement Project [sic], I felt that these -- any item pertaining to CIP (Capital Improvements Program) shouldn't be on the consent agenda, so that's why I'm pulling this item for discussion here, and although I've been briefed by the department director on this, I think it's important that we put on the record a couple of things pertaining to this so we could try to clear out some of the smoke pertaining to Capital Improvement Projects [sic], and if the executive director's here, I have some questions for him. Mr. Hernandez: On the item itself? Vice Chairman Sanchez: Absolutely. I mean -- Mr. Hernandez: Please, I'll try to answer it while he gets here. Vice Chairman Sanchez: Well, why don't we have the director here? Is he not -- is he sick? Is he on vacation? Is --? Mr. Hernandez: Commissioner, he's on the back. He's coming in. Vice Chairman Sanchez: Well, Mr. Chairman, as always, I think that any time that items come up, the staff should be ready to answer any questions that this legislative body has for the item. I just have a couple of questions to this -- Ola O. Aluko (Director, Capital Improvements Program): Yes, Commissioner. Vice Chairman Sanchez: -- and it's pertaining to -- these firms were ranked by an evaluation committee. Mr. Aluko: Yes. Vice Chairman Sanchez: Tell us who was that committee and how its members evaluated the firm, just for the record. I think it's important for us to put this on the record being that we're being so scrutinized by Capital Improvement Projects [sic], and you just got here yourself. Mr. Aluko: Yes. Vice Chairman Sanchez: Give you an opportunity. How was the -- how were they ranked, and who was in the -- who were the members of the evaluation -- Mr. Aluko: The members of the committee -- Vice Chairman Sanchez: -- committee for the firm? Mr. Aluko: -- Commissioner, where members of the CIP, and also, a senior -ranking member of the Parks Department, so basically, we had staff and there were criteria in which we had delineated, and when the committee reviewed each consultant's proposal, we looked at the proposal and judged it against the criteria in which the committee had previously established, and then a number -ranking system was given to each criteria, and eventually, a summation was given, and how -- that's how we got the orders of one, two, and three. City ofMiami Page 15 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: And how was the representation in that committee? Who were the representation? Who sat there? You said somebody from Parks? Mr. Aluko: That's correct. We had -- Vice Chairman Sanchez: Somebody from -- Mr. Aluko: -- a senior -ranking member from Parks -- an assistant director from Parks Department. I was part of the committee. We had our project manager, our senior project manager from CIP, and we also had an assistant director from CIP, and we had a facilitator, which was another assistant director from CIP, so again, we had senior members from both Parks and CIP present as part of the selection committee. Vice Chairman Sanchez: And these are solid, respectable firms on this list, but let me ask you a question. Is there a better way than selecting firms by RFQ (Request for Qualifications) ? Couldn't we do a formal bids? Mr. Aluko: It -- nothing is impossible, Commissioner. We believe, through our professional experience, that this is the most fair and equitable way of selecting consultants. Again, it was an open bid process. They were given, if I'm not mistaken, 30 days to submit proposals. We did have 16 consultants that submitted, and we -- actually, the initial staff narrowed it down to five, based on their submittal. Some -- unfortunately, some consultants did not submit -- they did not submit their proposals based on the requirements that was in the solicitation, so they were excluded, and then when we had the initial five, and then we went down and narrowed it down to three top-ranking, but again, as you mentioned, it is possible, but we felt, through our professional opinion, this was the better way. Vice Chairman Sanchez: And -- Mr. Hernandez: Mr. Chairman. Vice Chairman Sanchez: -- as the -- Mr. Hernandez: Commissioner, ifI may. I think that I need to clarify a point here. We're dealing here with a consultant selection process, and per Florida Statutes, you cannot include price as part of the selection criteria. When you're working with -- as part of the Consultant Negotiation Act under the Florida Statutes, you can use experience; you can use qualifications, et cetera, but you cannot use price when selecting architects, engineers, et cetera, so we're following Florida Statutes in our process. Vice Chairman Sanchez: Well, that's -- that would be my next question. Do you feel that we followed the Florida Statute and we followed every format, rules, and regulations to make sure that this was done fairly in the most ethical manner possible -- Mr. Aluko: To the best -- Vice Chairman Sanchez: -- as the executive director? Mr. Aluko: -- of my knowledge, Commissioner, yes. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: All right. Do we have a motion to -- City ofMiami Page 16 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: You want -- Chairman Gonzalez: -- approve the consent agenda? Vice Chairman Sanchez: Except there was one item that he deferred to the afternoon, correct? Commissioner Sarnoff Yeah. I -- Chairman Gonzalez: CA - Commissioner Sarnoff -- deferred -- Chairman Gonzalez: --11. Commissioner Sarnoff -- CA.11. Priscilla A. Thompson (City Clerk): CA.12. Chairman Gonzalez: We need a -- Vice Chairman Sanchez: So -- Commissioner Sarnoff CA -- Vice Chairman Sanchez: No. Commissioner Sarnoff CA -- Chairman Gonzalez: 11. Commissioner Sarnoff --11, correct. Vice Chairman Sanchez: OK. I would move the consent agenda, excluding CA.11, to be heard this afternoon. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 17 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 PUBLIC HEARINGS PH.1 07-00816 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), RESCINDING RESOLUTION NO. 06-0517, ADOPTED SEPTEMBER 12, 2006, IN ITS ENTIRETY; ACCEPTING THE PLAT ENTITLED "CARRILLO SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO SATISFACTION OF ALL THE CONDITIONS OF THE PLAT AND STREET COMMITTEE AND THE PROVISIONS CONTAINED IN CITY CODE SECTION 55-8 AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-00816 Legislation.pdf 07-00816 Exhibit 1.pdf 07-00816 Exhibit 2.pdf 07-00816 Exhibit 3.pdf 07-00816 Exhibit 4.pdf 07-00816 Summary Form.pdf 07-00816 Memo 1.pdf 07-00816 Notice of Public Hearing 1.pdf 07-00816 Memo 2.pdf 07-00816 Notice of Public Hearing 2.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0385 Chairman Gonzalez: All right. PH.1. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.1 is a housekeeping item. It's regarding a plat. After approval of our plat and prior to approval by the County, the applicant obtained a mortgage, which negated our approval, so we're rescinding the previous approval and requesting a new approval. Vice Chairman Sanchez: So move. Chairman Gonzalez: There's a motion. Is there -- Commissioner Sarnoff Second. Chairman Gonzalez: -- a second? There is a second. All in favor, say "aye." Vice Chairman Sanchez: No, no, public hearing. Chairman Gonzalez: I'm sorry. It's a public hearing, right. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. We have a motion. Is there a second? Commissioner Sarnoff Second. City ofMiami Page 18 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.2 07-00843 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF THE CITY -OWNED PROPERTY LOCATED AT 4001 NORTHWEST 17 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO CENTURION COMMUNITY DEVELOPMENT CENTER, INC., A FLORIDA NON-PROFIT ORGANIZATION, FOR THE PURCHASE PRICE OF TEN THOUSAND DOLLARS ($10,000); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHED, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 07-00843 Legislation.pdf 07-00843 Exhibit 1.pdf 07-00843 Exhibit 2.pdf 07-00843 Summary Form.pdf 07-00843 Memo.pdf 07-00843 Public Hearing.pdf DEFERRED Direction by Commissioner Spence Jones to the City Manager to generate, on a district -by -district basis, a listing of County -owned properties that were provided to the City. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, to defer item PH.2 to the Commission meeting currently scheduled for September 13, 2007. Chairman Gonzalez: PH.2, sale of City -owned CL UC (County Land Usage Code)-90 property located at 4001 Northwest 17th Avenue. Yes. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a resolution authorizing the sale of City -owned property at 4001 Northwest 17th Avenue to Centurion Community Development Center for $10, 000. This property had escheated to the County as a result of unpaid taxes, and the County has subsequently given the property to the City. As it only contains approximately 1,950 square feet, it is an undevelopable -- Chairman Gonzalez: Right. Ms. Billberry: -- site -- Chairman Gonzalez: Nothing you can build there. City ofMiami Page 19 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Billberry: -- and therefore, it was offered to the two adjacent owners, of which Centurion was the only interested party. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public who wants to speak on this item, please come forward to be recognized. Seeing none, public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Sarnoff Second for discussion. Chairman Gonzalez: There is a second for discussion. Commissioner Sarnoff you're recognized for discussion. Commissioner Sarnoff Lori, this particular property has an opportunity or could be -- could we get a deed restriction or a covenant that there could be no billboards or murals placed on this particular property? Ms. Billberry: We can add that to the purchase and sale agreement. Commissioner Sarnoff And is this an opportunity that maybe we're missing to have a pocket park? Ms. Billberry: I have not -- I believe this was shown to other departments before offering it for sale. I have not heard that the Parks Department had an interest in a pocket park here. Commissioner Spence -Jones: Can I --? Pedro G. Hernandez (City Manager): Commissioner, ifI may? The size of the property is like 1,900 square feet -- Commissioner Sarnoff Right. Mr. Hernandez: -- that even for a pocket park, would be quite limited, quite small. Commissioner Sarnoff I have like four of those in the Grove -- Commissioner Spence -Jones: Let -- Commissioner Sarnoff -- so you're calling the Grove pocket parks small. We need to increase them then. Commissioner Spence -Jones: -- me add, because it is in my district, and I just want to add on. I do agree with Commissioner Sarnoff. I -- in coming back, I got a chance to look at the project, and I know -- or look at the parcel, and I know exactly where it is. It's right off the expressway, so it is a very small piece of land that is next -- sitting next to an existing building, and I'm assuming that building is this church, which is, I think, Centurion? Ms. Billberry: Yes. Commissioner Spence -Jones: Because I'm assuming that they're frying to expand or will try to expand on that existing lot. I do kind of agree, though -- what -- normally, Lori, what is the process -- how do we determine when we want to actually put projects out to bid like this? City ofMiami Page 20 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Because it would seem like -- even though it is only 1,900 square feet, I would have definitely -- we only have, I think, in the Liberty City area, at least from 54th Street on, we don't have any other green spaces at all outside of Hadley Park, and there is a school right down the street from there, which is Jackson High. How did you determine -- what made you -- what's the process to make you determine, you know, that you want to put it out to bid instead of it becoming a park or being used for something else? What is --? Ms. Billberry: We previously had in-house discussions where any property that was under 4,000 square feet would be something that would be offered out to the adjacent property owners, as opposed to being reviewed for other purposes. Commissioner Spence -Jones: I mean, is the concern with putting a pocket park there the cost of the -- it being an additional cost to the City, or I mean, what is --? Ms. Billberry: I mean, we can address the issue with the Parks Department. I don't know specifically if they looked at this particular one for sure. Usually, it's just an e-mail (electronic) when we send them out seeing if people have an interest in it. Commissioner Spence -Jones: OK. Is there a list that all of current properties that are similar to this that the City -- the County has -- the City has taken over from the County? Is there like a list that's provided so that, at least, we could --? Because the only way I found out about this is by looking at the agenda -- Ms. Billberry: We can give you -- Commissioner Spence -Jones: -- you know, and the -- Ms. Billberry: -- a list. Commissioner Spence -Jones: -- first thing that came to my mind, before I knew how big it was, was why are we putting this out to bid when we could be putting housing or something on it, until saw how small it was, so is there a way or is there a process that's put in place, Mr. Manager, that at least says to the district Commissioners, these are the lots that have come back -- or that we've gotten from the County? Is there an interest for a pocket park or something of that sort with the district Commissioner so that at least that it comes through us first, or at least, it's shared with us first? Ms. Billberry: We can provide -- Mr. Hernandez: I agree, Commissioner, that we can provide the listing on a district basis, and also, even before we generate the item, I think it would be wise to share with the district Commissioner so the district Commissioner is aware even before we generate the item itself. Commissioner Spence -Jones: No, that's it. Chairman Gonzalez: Any further discussion on the item? Commissioner Sarnoff I'll defer to the Commissioner -- you know, to Commissioner Spence -Jones, butl -- it may be something you want to think about for a pocket park, but you certainly don't want to put -- this to become a billboard place because it's very well located for a billboard, or at least hope you don't. Commissioner Spence -Jones: I think there's -- if I'm not mistaken, there's already a billboard in that location. If it's not on that parcel, it's right on the side of it; it's right off the expressway, so I doubt that two billboards could be placed next to each other on this particular parcel. City ofMiami Page 21 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Billberry: And we certainly can address that issue in the deed restriction, as you requested. Commissioner Spence -Jones: Yeah. I mean, I had issues with the item when I first saw it, so -- and, you know, I still do kind of have issues. I'm just wondering, Lori, can I just have a little bit more time on the item and to perhaps bring it back to explore the possibilities? Because it would be nice to have a little green space there. Ms. Billberry: We can continue the item. Commissioner Spence -Jones: OK. Thanks. Vice Chairman Sanchez: So we need a motion to defer. Commissioner Spence -Jones: OK. Motion to defer. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion to defer, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Commissioner Spence Jones made the motion, second by Commissioner Sarnoff. Mr. Hernandez: And just for clarification, we're talking about deferring it to the September 13 meeting. Chairman Gonzalez: Yes. Commissioner Spence -Jones: That's fine, and then -- Chairman Gonzalez: September. Commissioner Spence -Jones: -- can Parks get with us to see whether or not there's -- Mr. Hernandez: Yes, definitely. Commissioner Spence -Jones: -- possibilities --? Mr. Hernandez: Yes. Commissioner Spence -Jones: OK. PH.3 07-00869 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER, TO ISSUE AN INVITATION FOR BID, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE CITY OF MIAMI ("CITY") OWNED REAL PROPERTY LOCATED AT APPROXIMATELY 100 SOUTHEAST 2ND STREET, MIAMI, FLORIDA (THE "PROPERTY"), MORE PARTICULARLY DESCRIBED AS TRACT "A" OF WORLD TRADE CENTER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 115, City ofMiami Page 22 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH PROPERTY INCLUDES THE FEE SIMPLE PURCHASE OF THE PARKING GARAGE AND THE CITY'S INTEREST AS LANDLORD UNDER THE RETAIL LEASE AND OFFICE LEASE; ESTABLISHING $49,000,000 AS A MINIMUM BID PRICE; FURTHER AUTHORIZING THE CITY MANAGER TO: (I) EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER OR CODE FOR PURPOSES OF DISPOSING OF THE PROPERTY; (II) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS; (III) NEGOTIATE A PURCHASE AND SALE AGREEMENT; AND (IV) PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR FINAL APPROVAL. 07-00869 Legislation.pdf 07-00869 Exhibit.pdf 07-00869 Exhibit 2.pdf 07-00869 Summary Form.pdf 07-00869 Notice of Public Hearing.pdf 07-00869 Memo.pdf 07-00869 Notice of Public Hearing 2.pdf DEFERRED Item PH.3 was deferred to the Commission meeting currently scheduled for July 26, 2007. PH.4 07-00870 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS AND RECOMMENDATION, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, FOR THE PROCUREMENT OF SERVICES FOR THE MANAGEMENT AND OPERATION OF THE MIAMI CONVENTION CENTER/JAMES L. KNIGHT INTERNATIONAL CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH GLOBAL SPECTRUM LIMITED PARTNERSHIP, FOR SAID PURPOSE, EXTENDING THE TERM FOR AN INITIAL PERIOD OF SIX MONTHS, WITH THREE (3) ONE (1) YEAR RENEWAL OPTIONS, EFFECTIVE OCTOBER 1, 2007. 07-00870 Legislation .pdf 07-00870 Exhibit.pdf 07-00870 Summary Form.pdf 07-00870 Memo 1.pdf 07-00870 Memo 2.pdf 07-00870 Public Hearing.pdf 07-00870 Pre -Legislation .pdf 07-00870 Pre -Legislation 2.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff City ofMiami Page 23 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 R-07-0386 Chairman Gonzalez: All right. PH.3. Commissioner Sarnoff It's gone, right? Laura Billberry (Director, Public Facilities): That was continued -- Chairman Gonzalez: That's continued. Ms. Billberry: -- so -- Chairman Gonzalez: PH 4. Vice Chairman Sanchez: Oh, it has been continued? Ms. Billberry: To July 26. PH -- Chairman Gonzalez: PH 4. Ms. Billberry: -- 4 is a resolution waiving competitive bidding and authorizing execution of an amendment to the agreement with Global Spectrum for their continued management and operation of the Knight Center. Global's contract currently expires September 30 of this year. Given that the City is currently pursuing various options regarding the future of the property, we believe it's in the City's best interest to waive the competitive bidding and authorize an extension for six months. If, at the end of the six months, it appears that we are moving towards a disposition of our management of the Knight Center, then we would -- the Manager, excuse me, may extend the agreement for three additional one-year periods. If it appears that things will stay status quo, then we would rebid the contract for the management of the Center, and all the terms and the conditions of the agreement will stay the same as their current contract. Chairman Gonzalez: All right. Is there a motion? Commissioner Regalado: I'll move it, and -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- it makes sense. What you're doing, it makes sense because you can't go out and bid for something that you don't know if it's going to exist or not, so I'm moving the item. Chairman Gonzalez: All right. We have a motion, and we have -- Vice Chairman Sanchez: Just -- Chairman Gonzalez: -- a second. It's a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, the public hearing is closed. Vice Chairman Sanchez: Just a question, Mr. Chair. When does it expire? When does --? Ms. Billberry: September 30 this year. Vice Chairman Sanchez: And it's for six months? Ms. Billberry: We would do for six months, and then if it looks like we're going to continue -- do City ofMiami Page 24 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 PH.5 07-00857 Liberty City Community Revitalization Trust a disposition of the site or our management of it, then we would be able to extend it for three additional one-year periods. Vice Chairman Sanchez: All right. Call the question. Chairman Gonzalez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: Madam Clerk, that was a four fifth vote, and there were four votes. Chairman Gonzalez: Yeah. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, FOR THE PURPOSES OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO ENTER INTO A GRANT AGREEMENT WITH VETERANS EMPLOYMENT TRANSITION SERVICES, FOR JOB RECRUITING AND PLACEMENT FOR RESIDENTS OF THE LIBERTY CITY/MODEL CITY AREA. 07-00857 Legislation.pdf 07-00857 Summary Form.pdf 07-00857 Notice of Public Hearing.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0387 Chairman Gonzalez: PH.5. PH.5. Anyone here to speak on PH.5? Administration? Elaine Black: Yes. My name -- Chairman Gonzalez: Yes. Ms. Black: -- is Elaine Black, from the Liberty City Trust. I'm here to speak on behalf of the VETS (Veterans Employment Transition Services) are receiving a -- I'm here to speak on behalf of the contract for the VETS. Right now we have a conflict of interest because the principal, Mr. Charles Cutler, also serves on another City ofMiami board. There're some other people here. Mr. Cutler will also speak. Thank you. Chairman Gonzalez: All right. This is to -- Commissioner Spence -Jones: Can we hear from --? Chairman Gonzalez: -- waive the requirement ofArticle V, Section 2-612 for the purpose of Liberty City Trust to enter into a grant agreement with Veteran [sic] Employment Transition Services, Inc., for the job recruiting and placement for residents of the Liberty City/Model City City ofMiami Page 25 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 area. It's a public hearing. Yes, sir. Charles Cutler: Charles Cutler. I just came to -- I do sit on the Overtown Community Advisory Board, and that's -- we're just here to clear up the conflict on that. Chairman Gonzalez: All right, so what we're frying to do here is to waive a conflict of interest. Anyone else from the public that wants to speak on this item, please come forward to be recognized. Seeing none, public hearing is closed; comes back to the Commission. Vice Chairman Sanchez: Mr. Cutler, do you get compensated for sitting in that board? Mr. Cutler: No. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: And then I just had a quick question for Elaine. I know that Mr. Cutler, to my understanding, is already providing the services to many of the Liberty City/Over -- Liberty City/Model City area residents, to my understanding. Ms. Black: Yes. Commissioner Spence -Jones: Is that correct? Ms. Black: Charles Cutler's organization, VETS, have been providing services to the Liberty City community since July of last year, and they have been active in placing people in jobs. We have been very fortunate in that we are placing people in construction jobs. We're placing people in jobs in the hospitality industry, and we are very satisfied with his services. I'd like to share with you, when the next item come on, exactly what they're doing, but they're -- see, they serve a very, very special purpose. Many of our residents cannot just walk into South Florida Workforce and get a job. Because of that, because they don't have long-term employment, we send them to the VETS, and the VETS are able to get them temporary employment, immediate employment, and provide them the necessary counseling that they need, so -- Chairman Gonzalez: All right. Ms. Black: -- that is why we use their services. Thank you. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Chairman, I would move waiving -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- of the conflict of interest provision contained in Section 2-612 of the City Code. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a four fifth. PH.6 07-00709 RESOLUTION City ofMiami Page 26 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Liberty City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE PRESIDENT/CEO OF THE LIBERTY Revitalization Trust CITY COMMUNITY REVITALIZATION TRUST TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH VETERANS EMPLOYMENT TRANSITION SERVICES, IN THE AMOUNT OF $25,000, FOR THE PURPOSES OF JOB RECRUITING AND PLACEMENT FOR RESIDENTS OF THE LIBERTY CITY/MODEL CITY AREA. 07-00709-Legislation.pdf 07-00709-Exhibit 1.pdf 07-00709-Exhibit 2.pdf 07-00709-Exhibit 3.pdf 07-00709-Summary Form.pdf 07-00709-Letter. pdf 07-00709-Pre-Legislation. pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0388 Chairman Gonzalez: OK. RE (resolution) -- I'm sorry. PH 6. Commissioner Spence -Jones: PH 6. Chairman Gonzalez: PH 6, approval of a grant agreement between the Liberty City Trust and the Veteran [sic] Employment Transition Services, Inc. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- have a motion, and we have a second. Anyone from the public that wants to speak on this item, please come forward. Vice Chairman Sanchez: Discussion. Charles Cutler: My name is Charles Cutler. I'm CEO (Chief Executive Officer) of the Veterans Employment Transition Service. We was working in the Overtown area, and we was very successful in putting Overtown residents to work, and we've also started the Hospitality Institute in Overtown, which is very successful. During the time last year, there was a lot of murders that was going on in Liberty City, so the VETS (Veterans Employment Transition Services), what we did, we moved to Liberty City, and we went into some of those high -crime areas, and we did an assessment, and what we found was that throughout all of the target groups, the youth, the young adults, and the elderly, their primary concern was unemployment and the lack of economic opportunity, so we was able to go in, do an assessment, and to date, we've placed 203 people to work in that area, and as a result of going there and putting people to work, it's gotten kind of quiet. The crime has gone down in those areas, and we are very encouraged by the effort that we're -- and the support that we're getting from the Commissioners. Primarily, we've been operating this program through donations -- Chairman Gonzalez: Thank you. City ofMiami Page 27 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Cutler: --from the veterans organization and from some members of the community. Chairman Gonzalez: Thank you. Mr. Cutler: Thank you. Commissioner Spence -Jones: Mr. Chairman, I just -- Chairman Gonzalez: We had a motion, and we had -- Commissioner Spence -Jones: Yeah, we already -- Chairman Gonzalez: -- a second, right? Commissioner Spence -Jones: -- passed it. I just want to just simply say to Elaine and to Charles, they have been doing an outstanding job, and I really appreciate your commitment to serve the residents in Liberty City, and between the job fairs that you've been doing and just the outreach has been outstanding, and those are the kind of things that we need to see happening within the district. Mr. Cutler: Thank you. Chairman Gonzalez: All right. We had a motion, and we had a second. Discussion. Vice Chairman Sanchez, you're recognized. Vice Chairman Sanchez: Mr. Chairman, Mr. Cutler, I think it's important -- Mr. Cutler: Yes, sir. Vice Chairman Sanchez: -- that you put on the record what work will be done. I think it's important -- you need to elaborate a little bit on that. Mr. Cutler: Basically, what we do is we do job placement, we do job screening, and we do job creation by working directly with employers throughout the City ofMiami and Miami -Dade County to create job opportunities for individuals in targeted communities. Vice Chairman Sanchez: Great. Now -- well -- what money is funding this, Mr. City Manager? Commissioner Spence -Jones: It's out of their budget item. Pedro G. Hernandez (City Manager): Liberty City Trust funds. Vice Chairman Sanchez: Right, and it's $50, 000, correct? Elaine Black: No, it's -- Commissioner Spence -Jones: No, 25. Ms. Black: -- $25, 000. Vice Chairman Sanchez: I'm sorry, 25,000. Commissioner Spence -Jones: It's 25. Vice Chairman Sanchez: All right, and what would be the benchmarks that you want -- City ofMiami Page 28 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: You mean the number ofpe --? Vice Chairman Sanchez: -- to accomplish? Yeah. How many people do you want to try to get employed? See, we -- Mr. Cutler: Well -- Vice Chairman Sanchez: -- want to make sure you succeed, and you come in here and us giving -- you know, once you get money from the City, now everybody's going to keep their eyes on you Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- so I think it's important for you to put those things on the record. Mr. Cutler: Well, you know what, Commissioner? To be honest with you, we don't mind because of -- Vice Chairman Sanchez: There you go. Mr. Cutler: -- since we been in the community, once we started putting people to work, I mean, we're just about swamped everyday, so in terms of the benchmark, from the time that we got the contract from -- well, from the time that we entered into an agreement, we've placed over a hundred people to work, and I think the benchmark is like -- we'll be servicing a minimum of 30, which we always exceed, and in terms of the direct placements, we already have a mechanism already in place -- Vice Chairman Sanchez: All right. Mr. Cutler: -- to accomplish that. Commissioner Spence -Jones: I'd like to add onto Commissioner Sanchez for Elaine. Definitely, you need to put some sort of scope of work, and I'm assuming with -- through the Manager's Office -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- that would at least outline those benchmarks so that at least we're clear, after this particular grant agreement, that they have reached those goals and objectives. Ms. Black: Commissioner, we have very clear benchmarks monthly as to what the placement of individuals should be, referral, as well as placement, so -- and we have already accomplished our goals in many cases in that regard. They have to process at least 30 people a month, and they must place at least 10 people on jobs, and we have exceeded those goals. We refer people to them on a daily basis 'cause as people walk in our offices and say I need housing, I need a job, we have someone that we can refer them to. As I was saying before, these individuals, in many cases, have not had long-term employment in a while. They get the counseling they need. They get the job placement they need. They get the support that they need. Vice Chairman Sanchez: Would this be the 25, 000 pay or was it -- would it be through reimbursement of receipts as service provided? Ms. Black: It is -- the 25,000 is based on reimbursement. City ofMiami Page 29 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Perfect. That's it. I just -- listen, when it gets to this, I have the outmost [sic] respect for you, Mr. Cutler. Mr. Cutler: I know you do, sir. Vice Chairman Sanchez: You know, when you talk about somebody who cares about his community and works hard for his community -- I hate for you to come up here; we hand you the money, and believe me, through audits and things that'll happen, they'll look into it, and -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- and then you don't have -- I put you in a position where you can defend yourself, and therefore, by you putting this on the record, you're being held accountable, and that way we can work together to make sure that you're able to succeed, although I still say $25, 000, at times, you're funding people to fail around here, but -- Commissioner Spence -Jones: Right. Mr. Cutler: Well -- Chairman Gonzalez: All right. Commissioner Spence -Jones: And to my -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- under -- and I know we have to get off of this subject. To my understanding, I do know that, from the County Commission side, I know that they're looking at also providing support on that end because, clearly, $25, 000 is not enough to run a program throughout the whole year, but the point is this is a pilot project that we are doing in the area, and they've already started placing people -- Vice Chairman Sanchez: Good. Commissioner Spence -Jones: -- and the issue is we need to make sure people have places to work. I'm just going to ask staff to make sure that she puts the scope of work in place so that it's clearly defined as to what we want for them to accomplish. Ms. Black: Commissioners, we will have -- we have that scope, and we will definitely be in compliance -- Commissioner Spence -Jones: Thank you. Ms. Black: -- so thank you so very much. Mr. Cutler: Thank you -- Chairman Gonzalez: All right. Mr. Cutler: -- Commissioner. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 30 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 31 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 ORDINANCES - SECOND READING SR.1 07-00720 ORDINANCE Second Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 13, ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 13-8, IN ORDER TO ESTABLISH A MECHANISM TO ALLOW FOR THE CITY MANAGER TO WAIVE CERTAIN AFFORDABLE HOUSING TRUST FUND CONTRIBUTIONS FOR DEVELOPMENT THAT COMPLIES WITH SPECIFIED CRITERIA ONLY; AND ALSO BY AMENDING SECTIONS 13-5, 13-8 AND 13-16 IN ORDER TO CLARIFY REQUIREMENTS AND PROCEDURES FOR DEFERRAL OF IMPACT FEES FOR QUALIFIED AFFORDABLE HOUSING PROJECTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00720 Legislation FR .pdf 07-00720 Legislation SR.pdf 07-00720 Summary Form FR/SR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12929 Chairman Gonzalez: All right. Let's go to second reading ordinance. SR.1. Lourdes Slazyk (Zoning Administrator): SR.1. Good morning. For the record, Lourdes Slazyk. SR.1 is an amendment to Chapter 13 of the City Code. We discussed this at first reading. Commissioner Sanchez had requested some amendments, which were made; they're in your draft. This not only includes the rental housing eligible for the waiver of the Affordable Housing Trust Fund fees, but also homeownership now. We included language that requires covenants and deed restrictions, including enforcement plans, and they have to report to the City on an annual basis, as part of their covenant, assuring the affordability of the homes, so I -- Chairman Gonzalez: Very well. This is a public -- Ms. Slazyk: -- a deed restriction is the strongest thing we could put in there. Vice Chairman Sanchez: Right. Chairman Gonzalez: Very well. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There's a second. It's an ordinance, Madam City Attorney. City ofMiami Page 32 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Julie O. Bru (Deputy City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.2 07-00766 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David Sarnoff AMENDED, ENTITLED "BUILDINGS/EXTERIOR FACADE CODE/CONDITIONS OF NONRESIDENTIAL/COMMERCIAL PROPERTIES," MORE PARTICULARLY BY AMENDING SECTION 10-23 TO ADD A PROVISION REGARDING TEMPORARY FENCING TO SECURE CONSTRUCTION SITES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00766 Legislation FR.pdf 07-00766 Legislation SR.pdf 07-00766 Cover Email FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12930 Chairman Gonzalez: OK. SR.2 is an ordinance sponsored by Commissioner Sarnoff. Commissioner Sarnoff This is second reading. Chairman Gonzalez: Second reading. Commissioner Sarnoff Correct, Mr. Chairman, regarding putting up fence barriers for nonresidential commercial property, and this was regarding the fencing of property for R-1 and R-2 -- Vice Chairman Sanchez: On new construction, right? Commissioner Sarnoff -- on new construction. There was no longer a requirement for any kind of renovation or repairs to homes. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Vice Chairman Sanchez: So there are no amendments to it? Chairman Gonzalez: There is no one from the public. City ofMiami Page 33 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: No amendments to it? Commissioner Sarnoff This was amended at the first reading. Vice Chairman Sanchez: Right. Chairman Gonzalez: Yeah. Commissioner Sarnoff I have no amendments to it. Chairman Gonzalez: All right. Seeing none, public hearing is closed. Is there a motion on the item? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance. Madam City Attorney, read the ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.3 07-00777 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, Marc David Sarnoff FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC)," MORE PARTICULARLY BY AMENDING SECTION 2-1252(A) MEMBERSHIP, ENTITLED "MEMBERSHIP; QUALIFICATIONS; TERMS OF OFFICE; VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE; MEETINGS; QUORUM; VOTING, ATTENDANCE REQUIREMENTS," TO DELETE NON -VOTING, EX-OFFICIO MEMBERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00777 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12931 Chairman Gonzalez: SR.3. It's amending Chapter 2, Article XI, Board, Committees, and Commissions. City ofMiami Page 34 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Second. Chairman Gonzalez: I think this is sponsored by Commissioner Sarnoff also. Is there -- there is a motion, right? Commissioner Sarnoff There is a motion, and I'm frying to look at this -- yes. Chairman Gonzalez: It has to do with the BIC (Coconut Grove Business Improvement Committee). Vice Chairman Sanchez: Second. Commissioner Sarnoff This has to do with the BIC. Chairman Gonzalez: Yeah. Commissioner Sarnoff OK. Chairman Gonzalez: 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 to be recognized. Seeing none, hearing none, public hearing is closed. It comes back to the Commission. We have a motion, and we have a second. Madam City Attorney, read the ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City ofMiami Page 35 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 ORDINANCES - FIRST READING FR.1 07-00779 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 16, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ELECTIONS," MORE PARTICULARLY BY AMENDING SECTION 16-6, TO REFLECT THE CORRECT SECTION OF THE CITY CHARTER REGARDING ELECTIONS AND REVISING THE AFFIDAVIT OF CANDIDATES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00779 Legislation FR.pdf 07-00779 Legislation SR.pdf 07-00779 Cover Memo FR .pdf 07-00779 Cover memo SR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. FR.1 Vice Chairman Sanchez: I believe there's an amendment on this. Pedro G. Hernandez (City Manager): There is a substitute on FR.1. Julie O. Bru (Deputy City Attorney): Yeah. Mr. Chairman, and members of the Commission, on this item, we substituted it from what is on your agenda package, but it has been distribute to you. Between first and second reading, we realized that we had inadvertently struck through a provision that appears in the qualification form that candidates fill out before they qualify for elective office, and that provision concerns the fact that City employees who wish to seek office have to re -- not resign, but they have to take a leave of absence -- Chairman Gonzalez: All right. I -- Ms. Bru: -- so we have -- Chairman Gonzalez: -- will also -- Ms. Bru: -- we've left that in there. Chairman Gonzalez: -- I also have a problem -- and we had a case here, and Commissioner Regalado, I believe, requested that the person leave the board. You know, what I would like to do with this item is defer this item until you do a research because, you know, if employees are going to have to take a leave of absence or leave their job to run for office, same rule should apply for people sitting on the boards. Commissioner Regalado: Of course. Ms. Bru: Well, Chairman, there is already an ordinance in place that requires board members who qualify for elective office -- Chairman Gonzalez: No, no, no, no, no, but it -- City ofMiami Page 36 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Bru: -- we consider that as -- Chairman Gonzalez: -- should not be -- Ms. Bru: -- tender of the resignation. Chairman Gonzalez: -- qualifying for office. Commissioner Regalado: It should be open -- Chairman Gonzalez: It should be -- Commissioner Regalado: -- an account. Chairman Gonzalez: -- the day should be the day that they open their campaign account. The day that they go to the Clerk's office and file their first papers to open their account, that day they should take a leave of absence or resign to the board. Ms. Bru: OK, so your suggestion is is that we amend this to also provide in there language -- and then we would have to amend the Code in its -- Chairman Gonzalez: Yes, ma'am. Ms. Bru: -- proper section to provide that members of a board who seek public office would have to resign effective whenever they open up their campaign account? Chairman Gonzalez: Exactly. Ms. Bru: All right. Chairman Gonzalez: Right. Ms. Bru: OK. Commissioner Sarnoff So we -- Chairman Gonzalez: Yes. Commissioner Sarnoff -- have a motion to -- Vice Chairman Sanchez: Wait. Commissioner Sarnoff Oh, OK. Vice Chairman Sanchez: IfI may? Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chair. Yeah, this ordinance was brought up at the last Commission meeting, and I requested that it be deferred because I felt that, if anything, we should follow the same as the State, where any employee who seeks public office must take a leave of absence without pay, and that wasn't what was on the original, which basically just stated that the individual could stay working. Ms. Bru: No, but we have -- between first and second reading, we've addressed that -- City ofMiami Page 37 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: OK, so -- Ms. Bru: -- and now it -- Vice Chairman Sanchez: -- you've addressed it? Ms. Bru: -- appears -- Vice Chairman Sanchez: All right. Ms. Bru: -- in the ordinance again -- Vice Chairman Sanchez: -- andl also think, on first reading, which we have an opportunity, we should also amend it that any board members, as stated by the Chair, who sits must resign. Once he quail -- once he opens up his campaign account -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- must resign from the board. I mean, we got -- there has to be a fair playing field -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- and that's -- Commissioner Sarnoff Well -- Vice Chairman Sanchez: -- the bottom line here. Commissioner Sarnoff -- you -- what you're saying, equally, is that the employee, when they open up their campaign account, have to -- Vice Chairman Sanchez: Resign from the board. Commissioner Sarnoff -- not resign, I guess. The employee -- Chairman Gonzalez: Take a leave of absence. Commissioner Sarnoff -- would have to take a leave of absence -- Chairman Gonzalez: Yeah. Commissioner Sarnoff -- but it'd be equal for both, correct? Vice Chairman Sanchez: Yes. Commissioner Sarnoff OK. Chairman Gonzalez: Because -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- let me tell you. I remember, in 2001, when I worked for Allapattah -- for the CBO (Community Based Organization) in Allapattah, they forced me to take a leave of City ofMiami Page 38 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 absence, so -- and I was working for a CBO. I wasn't working for the City ofMiami. I was not an employee of the City ofMiami, so you know, what applies to one person should apply to all the persons, so you know, if we -- I don't know if we want to amend it on the floor and -- Vice Chairman Sanchez: That's what I want to do. Chairman Gonzalez: -- and pass it as amended. Vice Chairman Sanchez: That's what I want to do. Chairman Gonzalez: OK, good. Vice Chairman Sanchez: That's what I -- Chairman Gonzalez: Great. Vice Chairman Sanchez: -- want to do. I want to proffer an amendment on the floor, pass it on first reading, where you have the first stipulation that we put on the record, and then the second is that the person must take a leave of absence once that individual who sits on the board opens up his campaign account, so that would be the motion, as amended, on ordinance on first reading, which is FR.1. So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. It's an ordinance. Ms. Bru: May I suggest something, Chairperson and members of the Commission? For board members, there is already a provision in the Code that provides that when they qualify as a candidate, that is considered to be a resignation. I would recommend that, for board members, it wouldn't be a leave of absence. It would be a resignation. Chairman Gonzalez: It would be a resignation, and it should be amended that instead of being at the date of qualifying, be the date that they open their campaign account -- Ms. Bru: OK, and -- Chairman Gonzalez: -- the day that they file their first papers -- Ms. Bru: Right, and then for the -- Chairman Gonzalez: -- with the City Clerk. Ms. Bru: -- employees, we would -- Chairman Gonzalez: Right. Ms. Bru: -- clarify that it's effective upon opening up the campaign account, and we will bring it back like that for second reading. Chairman Gonzalez: All right. Ms. Bru: OK. City ofMiami Page 39 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: All right. Chairman Gonzalez: Very well. It's an ordinance. Will you read the ordinance, please? The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: OK. Before doing roll call, I don't remember ifI open it to the public. This item is open to the public. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 5/0. FR.2 07-00873 ORDINANCE First Reading Department of Public Facilities AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50/ARTICLE V/ DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/CITY MARINAS/ RATES, CHARGES, BILLING, AND COLLECTION," BY ADDING A NEW SECTION TO PROVIDE FOR A SUSTAINED FUNDING SOURCE FOR MARINAS' CAPITAL REPAIRS AND CAPITAL RELATED IMPROVEMENTS, TO BE APPROPRIATED FROM ANNUAL DOCKAGE REVENUES COLLECTED BY THE CITY OF MIAMI TO BE DEPOSITED IN A SPECIAL REVENUE ACCOUNT, IN AN AMOUNT NOT TO EXCEED TEN PERCENT OF GROSS ANNUAL DOCKAGE REVENUES; CONTAINING A SEVERABILITY CLAUSE; A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 07-00873 Legislation FR/SR.pdf 07-00873 Summary Form FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: All right. FR.2. Laura Billberry (Director): Lori Billberry, Public Facilities. This ordinance is an amendment to the City Code to establish a new section to provide a sustained funding source for our marinas capital repairs and capital -related improvements by appropriating ten percent of the gross dockage revenues received each year for this purpose. Recently, the City was advised by FIND (Florida Inland Navigation District) that our current marina dockage rate structure, which provided a 30 percent dockage rate discount for City residents, was in violation of the district's rules for grant funding eligibility. FIND has been a tremendous funding source to the City, providing approximately 4 million in funding over the past few years, an additional $440, 000 was at risk at this time. Additionally, our dockage rates have not changed for over four years, while the cost to operate have continued to grow. One example is that our utilities have risen approximately 44 percent over the last three years. Therefore, we had recently adjusted our rates and eliminated the City discount, effective October 1, 2007. Our rates were significantly lower than other facilities in the region, with the exception of Dade County, and even after the increases, our rates will still be lower on an overall basis, except for the County marinas. We believe it's necessary to continue to invest in these revenue -generating assets in order to protect City ofMiami Page 40 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 their revenue -generating capabilities. Therefore, we're proposing that ten percent of the annual dockage revenues be set aside for capital improvements and as a funding source for grants opportunities. Due to this rate increase, we will not have a negative impact on our general fund contributions. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Seeing none, the public hearing is closed; comes back to the Commission, and I need a motion and a second for discussion. Do I hear a motion? No motion. Commissioner Regalado: I would -- Commissioner Sarnoff Oh, I'm sorry. Commissioner Regalado: -- like to discuss. Chairman Gonzalez: All right, but -- Commissioner Sarnoff I'll make a motion. Commissioner Regalado: OK. I will second for discussion. Chairman Gonzalez: We have a motion, and we have a second. Discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. I have a problem with this legislation, and I do have a problem because we need to comply with the State of Florida. We will hurt the residents of the City ofMiami because we could lose some grants. We will hurt the citizens and residents of the City ofMiami. Why do we want people to come and live on the City ofMiami? Is it because only -- they only have to pay half in the Children's Museum? Because if we do this, that will be the only benefit that the residents ofMiami will have to live in the City ofMiami. Yeah, some people may say, well, if you have a boat, you could pay; you know, that's the price of having a boat. That's a luxury, butt know a case -- there is a young student ofFIU (Florida International University), lives in the West Little Havana area, work for a living, and work to pay his education. He has a boat. The boat was next to his house. Code Enforcement came and said, you can't have the boat there. We're going to cite you, so he say, well, what can I do? Look and look and look in all the marinas, and finally got into the list, and finally got into one of the City marinas. He was advised that it was a fact that prices will go up for him because the City discounts will cease to exist come October, and now he says it's going to be a huge amount of money for him. He doesn't -- he's going to have to sell the boat. That may be one case, but it could be another. May be a lot of rich people that won't mind to pay, although I'm told that if we cancel the discount for City ofMiami residents, the City will be getting 2.5 million additional money. Is that a correct figure? Ms. Bilberry: Approximately 2.2. Commissioner Regalado: Oh, well, that's less than 2.5. Two point two, and that is a very hard decision to make, you know, when you say no to $2.2 million, butt wonder if we should say to the residents, you know, you are equal to the people in Coral Gables, equal to the people in Pinecrest, or you know, any other municipality, unincorporated area that have their boats in our marinas, and so it's just that you are the same. You need to pay the fire fee and endure the problems that you had had in the City ofMiami. Maybe you even vote not to abolish the City of City ofMiami Page 41 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Miami, and now you're told that you don't have a kind of relief for being a resident, and I just -- I'm just very uncomfortable with eliminating the little perks that the residents ofMiami have, and you know, I -- I'm just a vote, butl would like to understand if we have a way to still keep helping the residents of the City ofMiami because, after all, I mean, so what's the point? You know, residents need some relief. We are -- in the next two month, we'll be discussing the budget and property taxes, and you know, we'll be debating whether or not the residents are allowed for a relief. We could hide behind a law, or we could do what other cities are doing, but I'm just saying -- and maybe the City Manager and the City Attorney can add to my comments something in terms of how much money we will be losing if we don't comply with the State of Florida, and is it any other city or county throughout the state that has some kind of perks for residents of their counties? Pedro G. Hernandez (City Manager): Commissioner, we did check with the City ofMiami Beach, and they don't have any discounts. Also, I think it's important to note that, prior to the discount, there used to be a high number of users of our marinas that were actually residents outside of the City ofMiami. When the discount was put into effect, the number of residents who have boats in our marinas grew tremendously. I suspect that there's something going on there. Also, it's important to note that the item that you have before you at this point deals with setting up a special account so ten percent of the dockage fees are assigned to capital improvements at the marinas. The issue of the dockage fees has been delegated to the Manager and is really not a discussion on this item today. Commissioner Regalado: So what you're saying is that regardless of what we vote here, prices will go up on October]? Mr. Hernandez: Well, what I'm saying is that the item here before you today deals with setting up a special account so ten percent of the revenues go towards capital improvements at the marinas. The item does not include setting the dockage fees. That has been delegated to the Manager. Commissioner Regalado: So what you're saying, just to be clear, is that on October 1, the City discount will end for all City residents? Mr. Hernandez: Yes. Commissioner Regalado: OK. It's nothing we can do about it. Mr. Hernandez: I think that it's important to note that, over I don't know how many years, we have received $4 million from the Florida Inland Navigational [sic] District, and we have a lot of other grants on their way to the City from the same source, so that's -- I consider that to be very important, and other municipalities similar to ours, like Miami Beach, they don't have any discounts. Commissioner Regalado: OK. You said, Mr. Manager, that since we established the discounts - - I mean, we -- no, you or the other managers -- a lot ofMiami residents have brought their boats. Did I hear you say that -- Mr. Hernandez: Well, the -- Commissioner Regalado: -- you suspect that there's something there? Mr. Hernandez: -- well, what think is happening is that, prior to the discount being in place, there used to be a lot of let's say, outside of City ofMiami residents that had their boats in Miami marinas. After the discount, the number of individuals with addresses in the City of Miami grew up radically, so I think that there are people that are using -- City ofMiami Page 42 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Are you saying -- Mr. Hernandez: -- City ofMiami addresses -- Commissioner Regalado: -- there could be fraud? Mr. Hernandez: Well, let's say that people are using, maybe, their families to get a discount -- Chairman Gonzalez: That's what they do. Mr. Hernandez: -- but obviously, it went up to too fast is what I hear from staff so it's not that the total brunt -- Commissioner Regalado: Huh? Mr. Hernandez: -- of this increase is going to fall on City ofMiami residents. It's also on others that may be passing -- Commissioner Regalado: It's going to fall on their cousins, right? Mr. Hernandez: Could be. Commissioner Regalado: But that's a fraud. Mr. Hernandez: It would -- yes, sir. Commissioner Regalado: And what are we going to do about it? Nothing? Mr. Hernandez: All we can do is to, let's say, be more strict on how we check their background of somebody who's applying for a dockage. Commissioner Sarnoff Mr. Chairman. Stephen Bogner (Marinas Manager, Public Facilities): Commissioner. Chairman Gonzalez: Yes, sir. Mr. Bogner: Stephen Bogner, marinas manager for the City. The criteria previously used to establish City residency was run through the Law Department and included a valid driver's license, homestead exemption, vehicle registration, similar credentials. It is my professional opinion that those qualifications were abused by some of our marina customers, but it was not within our purview to conduct enforcement or verification procedures, and we had a problem where that, prior to the previous rate increases of 2003, approximately 75 percent of our marina customers at the three marinas were non -City residents, and within six months, that number inverted to where about 75 percent of our customers had become City ofMiami residents. Commissioner Regalado: I mean -- Commissioner Sarnoff So -- Commissioner Regalado: -- did that rang a bell for someone? Mr. Bogner: They provided the credentials and the paperwork that were requested of them in an official capacity. City ofMiami Page 43 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: So they moved? Mr. Bogner: Or they made other arrangements to obtain that paperwork. Commissioner Regalado: Oh -- Chairman Gonzalez: Yeah, but how can you get home -- Commissioner Regalado: -- fraudulent documents. Now we are dealing with undocumented aliens here. Mr. Bogner: No, these are City residents. Commissioner Regalado: Well, look, something is wrong with this picture, and it's either right or wrong. If you're defrauding the City to get a discount, you owe the City money. If you move, you really move and bought a home or rent a home, you deserve a break. That's all that there is to it, so I still don't understand how can we look the other way if they may be fraud involved. Mr. Hernandez: I think the steps that we have taken, in essence, eliminate a discount, cuts off the problem. Commissioner Regalado: We're selling the sofa. That's what we're doing. Mr. Hernandez: We have, in essence, eliminated the problem where -- Commissioner Regalado: No, we're -- Mr. Hernandez: -- there is no preference. Commissioner Regalado: -- we eliminate the problem by not investigating who committed fraud, and we say, well, guess what? Those who did fraud to the City and owe the City money will be now OK because they going to be as the other people, paying the same. Just don't do it anymore. Don't commit fraud against the City or we're going to -- Chairman Gonzalez: Slap you. Commissioner Sarnoff Wait, wait. Larry Spring (Chief Financial Officer): Mr. Chair. Commissioner Sarnoff That's not what we're doing here at all -- Mr. Spring: No, no, no. Commissioner Sarnoff -- and let me just -- Mr. Hernandez: No. Commissioner Sarnoff -- clarify the record for a second. City Manager, in his own good judgment, decided to -- that he was going to raise the rate because he was going to accept FIND money, and just for anybody out there listening, that's a State program that gives grants to various organizations, including cities, who are -- have waterfront uses, and we have been improving the waterfront dockage, things like that, by using State funds, and I -- ifI heard correctly, we've taken some -- am I right, Lori? -- $4 million of FIND money, so the City City ofMiami Page 44 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Manager, in his judgment, determines that it's still worthwhile to continue to take FIND money, state money, and in doing so, FIND will not allow you to give discounts to residents, so the good news to this Commission is we didn't make that determination. Anybody wants to get mad at anybody, we can all be mad at the City Manager because he wants to continue to take State revenue money, which to be quite honest with you, I think is pretty wise, and all we're being asked to do right here, right now is to be prudent, good stewards of our dock facilities and appropriate ten percent, which I take it will be $800, 000 a year, towards a number of things, one of which could be repair, improvement, and God forbid, a hurricane. We would have then a capital account set aside, and that's all we're asked to be -- decide here right now in front of us today is is this a good idea. Am I correct? Mr. Spring: Yes. Mr. Hernandez: Yes. Commissioner Sarnoff So any citizen that would like to call the City Manager, please feel free because he's the one that upped your rates because he was a good steward of our money and determined that it was worth taking the $4 million. I'm not being critical of you, Mr. Manager -- Mr. Spring: Or staff. Commissioner Sarnoff -- I think you made a wise choice, but -- Commissioner Regalado: But that's not the point. Commissioner Sarnoff But that is the point. All we're -- Commissioner Regalado: No, no, no, no, no. No, no. See, the point -- I mean -- oh, my God. Why should I speak? We have been watching press conference and articles about transparency in government. This may be a wise decision. It's nothing we can do about it. I think that by keeping ten percent -- I would -- just in case of hurricanes, I would keep more than ten percent, but that's another issue, but the point here is that we're frying to look the other way when something wrong has been done, and that is the point. The point is the policy of turn the page, move forward, is wrong because people do demand accountability from the government, and that is my point. That's the whole point of this. I understand what we're doing here, but the point is the phrase that trigger my whole debate, "The number of residents grew up by 75 percent. I suspect something is going on there." Mr. Spring: Mr. Chair. Commissioner Regalado: When you suspect, you investigate. Mr. Spring: Mr. Chair, if you would allow me? Chairman Gonzalez: Yes, you're recognized. Mr. Spring: Larry Spring, chieffinancial officer. Commissioner Regalado: You're not a detective. You are a -- Mr. Spring: No, I -- Commissioner Regalado: -- wizard with the number. Mr. Spring: -- am not a detective, Commissioner, but in defense of my staff I need to clarify one City ofMiami Page 45 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 point. That point is we have done our due diligence with regard to accepting and processing those applications with regards to the City resident requirement. My staff has indicated the shift in the number of nonresidents versus residents was a bit alarming when you look at the total pot not really going up. If we said that the total number of residents in the marina went up by the same figure, then we can say, oh, yeah, this is just brand-new City residents. It was the internal shift that caused some alarm, but this is not to indicate that staff has not done their due diligence in processing the marina applications. Those individuals would have to have submitted the appropriate documentation to receive that discount, and I believe my staff has done that, and we have discussed this issue, so you know, we could sample test some applications, if you'd like, to go and see if somebody lives where they say they live, but short of them submitting the appropriate documentation, you know, what else would you have us do? Chairman Gonzalez: All right. Commissioner Regalado: Hey, we're up against geniuses here. Chairman Gonzalez: Well, we need to make -- either fish or cut bait. Commissioner Sarnoff I agree. I'll call -- could we call the question? Chairman Gonzalez: Pardon me? Commissioner Sarnoff Can we call the question? Chairman Gonzalez: Yeah. Madam City Clerk, do roll call on this item, please? Commissioner Regalado: Listen, let me say something. This is not about this ordinance because I think it makes sense. Separating funds do make sense. What I'm saying here is a two fold issue. Number one, we should look for ways to really get relief to real residents of the City of Miami, and number two, the City cannot continue to allow being taken by people who think that they're smarter than the authorities, and the authority is the City. That's all I'm saying. What I'm saying is that, oh, gee, I mean, it went up; that's funny. It's like The Firm over there. Oh, they worked 20 hours a day. Wow, they're great, you know. It is wrong, and I'm just saying to you guys, you know, we should not allow this thing, and we should give some kind of perks for being a truly real residents of the City ofMiami. Now having said that, since we're only three here, I will vote for this ordinance, but I'm telling you that we should not have this policy of looking the other way because if we do this in one department, in one aspect of the City, it is wrong, and then nobody then likes to wind up on the front page of the paper, and this is what happens all the time, so call the question. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, public hearing is closed. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Read the ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 46 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Thompson: The ordinance is passed on first reading, 4/0. Ms. Billberry: Thank you. City ofMiami Page 47 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RESOLUTIONS RE.1 07-00571 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement INTERLOCAL AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED Programs/Transpor FORM(S), SUBJECT TO THE CITY MANAGER'S APPROVAL, WITH THE tation MIAMI-DADE COUNTY SCHOOL BOARD REGARDING DESIGNING, CONSTRUCTING, AND OPERATING A CO -LOCATED INTERNATIONAL POLICE TRAINING FACILITY ("POLICE COLLEGE AND A LAW ENFORCEMENT HIGH SCHOOL ("HIGH SCHOOL") (COLLECTIVELY, "FACILITY") ON THE CITY -OWNED SITE CREATED FROM THE UNIFICATION OF THE PROPERTIES LOCATED AT 405 NORTHWEST 3RD AVENUE, ("MIAMI POLICE HEADQUARTERS") AND 401 NORTHWEST 3RD AVENUE, ("ADJACENT LOT"), MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE ANY ADDITIONAL AGREEMENT(S) DEEMED NECESSARY TO ESTABLISH THE ONGOING RESPONSIBILITIES OF BOTH PARTIES FOR THE CONTINUED OPERATION OF THE FACILITY AND TO PRESENT THE NEGOTIATED AGREEMENT(S) TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL. 07-00571 Legislation.pdf 07-00571 Exhibit 1.pdf 07-00571 Summary Form.pdf 07-00571 Pre-Legislation.pdf CONTINUED Item RE.1 was continued to the Commission meeting currently scheduled for September 13, 2007. RE.2 07-00721 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF Improvement SCIENCE, INC., D/B/A MIAMI SCIENCE MUSEUM, TO SUPPORT THE Programs/Transpor DEVELOPMENT OF A NEW MUSEUM FACILITY IN THE CITY OF tation MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-78502 ENTITLED: "MIAMI SCIENCE MUSEUM -BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOLLOWING THE ISSUANCE OF SERIES II HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, FOR SAID PURPOSE. City ofMiami Page 48 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.3 07-00808 Department of Parks and Recreation 07-00721 Legislation .pdf 07-00721 Exhibit .pdf 07-00721 Summary Form.pdf 07-00721 Letter .pdf 07-00721 Project Budget .pdf 07-00721 SCI Funding .pdf 07-00721 MIA SCI .pdf 07-00721 Text File Report.pdf CONTINUED Item RE. 2 was continued to the Commission meeting currently scheduled for September 13, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY; WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO RUSSELL BUILDING MOVERS, IN THE AMOUNT OF $17,232.40, FOR THE PURCHASE OF THE STRUCTURAL SUPPORTS THAT ARE CURRENTLY BEING RENTED AND THE AMOUNT OF $9,730 FOR THE RENTAL OF THE STEEL BEAMS, FROM DECEMBER, 2006 THROUGH JULY, 2007, FOR A TOTAL PURCHASE ORDER AMOUNT OF $26,962.40; ALLOCATING FUNDS IN THE AMOUNT OF $20,000, FROM B-30273 AND THE AMOUNT OF $6,962.40, FROM THE DEPARTMENT OF PARKS AND RECREATIONS'S SPECIAL REVENUE ACCOUNT. 07-00808 Legislation.pdf 07-00808 Summary Form.pdf 07-00808 Memo 1.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0389 Direction by Commissioner Spence Jones to the City Manager to report back to the Commission in September with a solution for completing the construction of the Seybold Canal House; further, involving neighborhood associations within the area and others in determining the potential use of said house. Chairman Gonzalez: All right. RE.3 is a four fifth resolution. Ernest Burkeen: Ernest Burkeen, director of Parks & Recreation. This is a resolution waiving procurement requirements for emergency purchase of equipment for the Seybold Canal House. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: So move. City ofMiami Page 49 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: There is a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes. Commissioner Regalado: Mr. Parks Director, you're aware of the situation in West End with the pool? Mr. Burkeen: Yes. Commissioner Regalado: Do we have an answer for the people? Mr. Burkeen: In terms of when the pool will be completed? Commissioner Regalado: Right, right. Mr. Burkeen: I have to defer to CIP (Capital Improvements Program). Vice Chairman Sanchez: Pool? What does this have to do with a pool? Commissioner Spence -Jones: He was just asking him a question. Commissioner Regalado: The pool is closed since the beginning of the summer camp, and children are being bussed to Jose Marti Park. We're talking of a trip from West End on Southwest 60th Avenue and Southwest 2nd Street to East Little Havana everyday. The parents are very nervous and also upset because when they pay for their children's summer camp, they were told that one of the activities will be the pool, and I know that we had had problems with that pool and that building, but it has been almost two month, and now you know what the parents are asking? The parents are asking to be reimbursed for not having their children use their pool. You are aware of that? Mr. Burkeen: Yes, and that's why we've made a huge effort to make sure that we transport the kids to the pool so they would still have that activity. They've not lacked the activity, and there is a -- and it's a problem for us to transport. We have ten pools in the City; seven of them are operating; three of them are still under construction. We expect to get both Gibson and West End back this month, at some point in time, and I'm not sure when, perhaps Ola could tell you that, but as soon as they're back in, they'll be up and running. In the meantime, we provided the opportunity for them by providing bus transportation. Commissioner Regalado: No, and I understand that, for the Parks Department, this represents a problem because of the high cost of gas, but for the parents, it represents a bigger problem because of the fear of their children being bussed to -- from one side of the City -- and we're talking one side of the City to another side of the City. We're talking a 20-minute ride -- Mr. Burkeen: Commissioner -- Commissioner Regalado: -- on a good day. Mr. Burkeen: -- we have ten pools in the City. We have 30 sites. We have to bus kids every year in order for all of them to have the -- West End is -- has its own pool, so when they're up and City ofMiami Page 50 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 running, we bus kids from other sites to that site. Commissioner Regalado: And I understand that, but you know very well, Ernest, that the parents of the West End summer camp, 90 percent live in the area around the park, and the reason that they make the sacrifices -- because it is a sacrifice to pay -- is because they know that they will be sure that the childrens [sic] are there from the morning to the afternoon, and that the whole -- because, as a matter offact, you know, we have cut on the field trips, and the parents didn't mind that. The problems that they're having is that what was in the contract has not been complied with, and it wasn't an act of God -- Ola O. Aluko (Director, Capital Improvements Program): Mr. -- Commissioner Regalado: -- because you can always say it was an act of God, you know, but it wasn't. It's just having -- Aluko: Mr. Commissioner, I did receive an e-mail (electronic) earlier -- actually, last week on that particular subject. I did ask staff to look into the issue, and it was brought to my attention that the contractor ran into some problems. Unfortunately, the pool was not open prior to the summer camp. I've since been told that the confractor has very few items left. They're close to substantial completion, and as soon as we finish this meeting, I'll make sure we get to -- get with the confractor and we ensure an end completion dates, but it is my understanding that they are nearing completion, and hopefully, within the next month, no later than two, we will have a completion, but I do understand it was meant for -- Commissioner Regalado: But, Ola -- Mr. Aluko: -- the summer. Commissioner Regalado: -- please, in less than a month and a half summer camp is over -- Mr. Aluko: That's correct. Commissioner Regalado: -- so the question is, Mr. Manager -- that is for you -- what are we going to do for next year in terms of those parents who signed a contract to -- and paid for their standards, trust me, and I know these people, good money. These are working people. These are really working people. I know three or four single mothers -- I met with them -- that pay, you know, the money that they don't have to have their kids at the summer camp. My question is, if we didn't deliver this year, what can we offer for next year to be clear? Pedro G. Hernandez (City Manager): Obviously, Commissioner, we're working on having more and more pools available. As a matter offact, we're working on a program to have -- Commissioner Regalado: No, that's not the question. Mr. Hernandez: -- heated pools so we have -- Commissioner Regalado: That was not the question. That was not the question. Mr. Hernandez: -- the pools all over -- Commissioner Regalado: That was not the question. Mr. Hernandez: The best thing that we can do -- what are we going to do with them come next year? City ofMiami Page 51 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Yes. Mr. Hernandez: Well, hopefully, next year, all these pools -- we'll have more pools available, so there is -- Commissioner Regalado: That was not the question. Mr. Hernandez: -- less bussing. Commissioner Regalado: No, that was not the question. The question is, we didn't deliver. What are we going to do for them next year? Mr. Burkeen: Excuse me. They did get the activity. They were able to swim. Chairman Gonzalez: Let me see ifI can help because, you know, we're going to keep going and going and going for the next hour trying -- Commissioner Regalado: Well -- Chairman Gonzalez: -- to -- Commissioner Regalado: -- I mean -- Chairman Gonzalez: -- the question, I believe, is that these people paid to have their kids go to this particular pool. They didn't -- were not taken to this particular pool. They were transferred somewhere else. The Commissioner wants to know if we're going to refund those family the monies, or maybe we're going to give each one of them vouchers so they can take their kids free for the pool next year. Is that the question? Commissioner Regalado: That is the question, and what I'm -- Chairman Gonzalez: Very simple. Commissioner Regalado: It's a very simple question. It's not that next year we're going to have the pool ready. It's not that they already have their swimming activity. That's not the point. The point, my God, is about the frust of the people. We promised the people of the West End/Flagami area the childrens [sic] were going to be there. The people started asking, what's going on? What's going on? What's going on? And you know, look, I'm not a radical here. It's a simple thing. When you don't get a service from a private company, you get a discount. When you don't get the promised service -- you may say to me, they already have their swimming, but that is not the point. We did not deliver in their -- Commissioner Spence -Jones: Expectations. Commissioner Regalado: -- area. Commissioner Spence -Jones: Yeah. Mr. Burkeen: We can look at a discount for next year. That's not a problem. Chairman Gonzalez: All right. That's the answer. Commissioner Regalado: That's a half an answer, but it's good enough for now. Commissioner Spence -Jones: Mr. Chairman, I -- City ofMiami Page 52 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- want to make sure the -- you're fin -- Commissioner Regalado: I'm -- Commissioner Spence -Jones: -- I just want to make sure you're finished on your issue because I do want to at least -- Commissioner Regalado: No, I'm done. Commissioner Spence -Jones: -- say something aboutRE.3 when you fin -- so are you finished, Commissioner Regalado? Yes. Commissioner Regalado: Yeah. Chairman Gonzalez: RE.3. Commissioner Spence -Jones: Just on the item itself Mr. Park Director, the -- this is the park that's in the Spring Garden -- this is to secure the Seybold House -- is that correct? -- the historic Mr. Burkeen: Correct. Commissioner Spence -Jones: -- house? Mr. Burkeen: Correct. Commissioner Spence -Jones: And we've been securing it or trying to secure it for how long? Mr. Burkeen: Since November 2006. Commissioner Spence -Jones: Two thousand -- the beginning of 2006. That's fine for us to spend the money to secure it, and I definitely want to make sure that we, you know, hold the house together because it does have historical significance to many people in the Spring Gardens [sic], the Brotons, the Martins, and we truly appreciate their push to make sure that that happens. My only question -- I don't have a problem with the item. As a matter of fact, I'm going to move the item. I just wanted to make sure, through my City Manager, that we do have a long-term plan put in place for us to identify resources to restore the house because we keep spending money and spending money to secure the house, and you know, whether or not that's coming from grants that we're trying to go after or some monies put aside to assist with this house, but every year we keep spending more and more money to put beams and to hold it up when, you know, in the long run -- long term, we're going to end up paying for the house, so my question for you, Mr. Manager, or you, Mr. Park Director, what plans are we putting in place to complete the restoration of the Seybold House? Now I know I've been in several meetings with the river -- Miami River Commission, and several people trying to work on getting this done, and there's been a lot of commitments that have been made and no follow-through, so I want to hear from my Park director and my City Manager what are our plans to put in place to restore the house. Mr. Hernandez: Commissioner, at this point in time, I'm not aware that we have all the funding available. Ernest. Mr. Burkeen: Not quite. What we haven't come to grips on is what, in fact, we're actually going to do. That's the debate, and what we have to do is we have to put together the plan that says City ofMiami Page 53 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 what we actually can do. There's been discussion between the architects and the engineers determining about whether the building, in fact, is salvageable, and that's the first thing that has to take place is that we have to get that plan done first, and we haven't got that done yet, so that's the first thing that we have to do. Commissioner Spence -Jones: I mean, but we've been clearly working on this for a long time -- Mr. Burkeen: It's been a long time. The -- Commissioner Spence -Jones: -- and actually, before I even got here, they -- you guys were working on it. Mr. Burkeen: The civic association, in fact, was the one that was working on it. The City has come to it a little late, and so there has to be some time that we can spend with our architects and with our engineers to determine how we can best go forward with the building. That's been much of the debate -- Commissioner Spence -Jones: OK. Mr. Burkeen: -- that's taken place. Commissioner Spence -Jones: Can I ask, in closing, that the Manager and the director of Parks please, maybe not -- of course not for the next meeting, but some meeting in September, come back with some sort of solution as to how we're going to address completing the house because we keep going around -- Mr. Hernandez: And in essence -- Commissioner Spence -Jones: -- and round and round and -- Mr. Hernandez: -- answering the question that, you know, Ernest just posed. Commissioner Spence -Jones: Right, but can we make sure -- Mr. Hernandez: We need to have an answer to that. Commissioner Spence -Jones: -- that we include the neighborhood associations and the folks that are in the area to figure -- Burkeen: Absolutely. Commissioner Spence -Jones: -- out what the use is going to be of the house, and if that means us taking -- and Gary knows. We've been talking about this -- Gary Fabrikant -- for God knows how long. If we can look at even some of the historic preservation bond dollars that I have in District 5 for my area, I don't have a problem with utilizing some of those, Mr. CIP (Capital Improvements Program) Director, but something has to be done. We keep spending money for beams and for security, and still nothing has happened -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- with the house. Mr. Hernandez: You're -- Commissioner Spence -Jones: That's my only point -- City ofMiami Page 54 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.4 07-00817 Department of Capital Improvements Program Mr. Hernandez: -- totally right, Commissioner. I mean -- Commissioner Spence -Jones: -- so with that -- Mr. Hernandez: -- we need to -- Commissioner Spence -Jones: --I move the item. Chairman Gonzalez: All right. Is there a motion on RE.3? Priscilla A. Thompson (City Clerk): I'm sorry. We have a motion and a second on the item already. Chairman Gonzalez: And we have a second. Ms. Thompson: Yes. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ISSUANCE OF A SOLICITATION DOCUMENT BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS AND TRANSPORTATION ("DEPARTMENT"), FOR THE PURPOSE OF ESTABLISHING A CONSTRUCTION CONTRACTOR PRE -QUALIFICATION PROGRAM, ESTABLISHING A REVOLVING POOL OF QUALIFIED CONTRACTORS WITHIN TRADE DISCIPLINES; APPROVING THE TERMS AND CONDITIONS OF A MASTER AGREEMENT ("AGREEMENT"), TO BE UTILIZED TO MANAGE THE PROGRAM PARTICIPANTS; FURTHER AUTHORIZING THE DEPARTMENT TO ADMINISTER THE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), FOR SAID PURPOSE, IN AMOUNTS NOT TO EXCEED FUNDS AVAILABLE AT THE TIME OF NEED FROM THE BUDGETS OF VARIOUS CAPITAL PLAN PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL. 07-00817 Legislation .pdf 07-00817 Exhibit 1 .pdf 07-00817 Exhibit 2 .pdf 07-00817 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0390 Chairman Gonzalez: RE.4, a resolution to approve a construction purchasing program and authorize the City Manager to execute agreements for said program. Yes, sir. City ofMiami Page 55 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ola O. Aluko: That is correct. Ola Aluko, director of Capital Improvements. Commissioners, this resolution is requesting the acceptance of our prequalification pool that we're frying to establish, and basically, what we're doing is we're establishing a minimum criteria for contractors who desire to do business within the City. Vice Chairman Sanchez: All right. We're back. I'm sorry. Mr. Aluko: Again, I'll repeat. This resolution is accept -- is to accept a prequalification pool that we're trying to establish. Therefore, we can have confractors meet minimum qualifications in order to do business within the City. We believe that this resolution will foster small businesses. Also, it would increase our capability of utilizing contractors who would deliver and perform well within the City. Vice Chairman Sanchez: All right. We are on RE.4. Mr. Aluko: That is -- Vice Chairman Sanchez: It's a resolution. Mr. Aluko: -- correct. Vice Chairman Sanchez: OK. Is there a motion or a second for discussion? Commissioner Sarnoff I'll move for discussion. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Spence -Jones: Second. Commissioner Regalado: Second for discussion. Vice Chairman Sanchez: Second by -- Commissioner Spence -Jones: Second for discussion. Vice Chairman Sanchez: -- both Commissioner Regalado and Michelle Spence -Jones for the purpose of discussion. Commissioner Sarnoff, you're recognized for discussion. Commissioner Sarnoff Ola, what -- is there any inclusionary thought process in terms of creating this pool of contractors, whether their locals --? Is there any criteria set that -- Mr. Aluko: The -- Commissioner Sarnoff -- promotes or has a criteria that shows it's desirable and -- for the City ofMiami to hire locals? Mr. Aluko: Commissioner, the criteria itself has not been written. However, we have had discussion among staff to ensure that we do have City ofMiami confractors, but then again, we do know our confractors come from all parts of Dade County, but we could look into possibly weighing more if you are a resident of the City ofMiami, but that can be considered. Commissioner Sarnoff OK. Commissioner Regalado: But -- City ofMiami Page 56 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: All right. Commissioner Regalado, you're recognized for -- Commissioner Regalado: Thank you. Vice Chairman Sanchez: -- the record on the item. Commissioner Regalado: Thank you, Mr. Chairman, but the City Commission eliminated the ten percent for the local companies to give the Administration a more flexible way to choose companies. Apparently, that didn't work because some of the companies have not perform, those who are outside the country -- I mean, the County or the City. The question is how you determine that this particular contractor is a good contractor? Mr. Aluko: Well, again, there are certain factors that we look in a contractor's obligations. For instance, generally, when a contractor has increased bonding capacity, obviously it tells you that, one, it's done quite a few jobs, and they've satisfied their bonding company's performance requirements, and also, within the criteria that we will be setting, we might request them to list the number ofjobs that they have done, the types ofjobs whereby the staff can possibly speak with the owners or the users, and again, we do have word of mouth within the industry as to a particular contractor's performance, but to particularly say just because we have a confractor that did excellent in -- with Miami -Dade County, will they perform excellent with the City of Miami? IfI had a crystal ball, obviously, we'll have -- we'll know that answer. However, we'll have to go by the criteria in which we establish. Just as we mentioned to Commissioner Gonzalez, we have a confractor right now that's performing well in District 5, but is performing horribly in District 1, but two different teams, two different management crews, but those are the things that we'll have to look in a little bit more. Commissioner Regalado: So we get rid of half of it. Mr. Aluko: Well, certain contractors may be well in roadway, but horrible in vertical, or vice versa, so those are things that we are looking at -- or we will be looking at. Commissioner Regalado: Yeah, but the thing is that all of us, we have real issues. All of the members of the Commission -- in all of the districts, we have real issues. Like you said, Commissioner -- Chairman Gonzalez has a very embarrassing situation with his park like forever going on, and we show you the pictures of 64th Avenue. It's a total, total mess still going on, and we had several issues that the company supervisor did resolve, but still, it hasn't -- you cannot say it's finished, so one may ask, well, what are we going to do with those who are not performing? Mr. Aluko: Again, Commissioner, specifically for those confractors that we do have on board right now, if they were to reapply to this pool, we already know their performance. Our project managers and also our program managers, they do take record of contractors that perform, so if they were to reapply into this pool or any other project that they may want to do for the City, we already know their performance, and of course, that's going to be weighed against them. We are taking performance very seriously now. Having a contractor finish his project 95 percent and decides to leave the rest, 5 percent, (UNINTELLIGIBLE) with the City is no longer going to be acceptable, and I do understand where you're coming from. Commissioner Regalado: OK. Thank you, Mr. Chairman. Vice Chairman Sanchez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Ola -- and you did great with explaining a lot of the items to me regarding the issues of these confractors because you know that have a serious concern City ofMiami Page 57 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 when it comes to a lot of these items that are on the agenda today. Commissioner Sarnoff and Commissioner Regalado brought up very good points, which I think are things that we definitely should consider in the criteria, which is local businesses in the area making sure that there's something put in place to encourage that, or at least, to include them, and even if they're not here, then maybe this is a way to even attract them to Miami, which means there's more businesses happening now or coming to the City because of it. The only thing that would want to really say -- and I know that it's a no -no, and you can't really say that or do that based upon the federal law regarding the issue of contractors or the issue of minorities or women -- I just would want to see more oufreach effort go into trying to attract, you know, smaller businesses, is what I'm going to say, to many of these contracts because, out of 19 of them, it's hard for me to believe that we could not find anyone, any people of color involved in some of these agreements or these contracts, or women, so -- because I can't say women or minorities, I wanted to say small businesses to make sure that at least we fry to do whatever it takes to make sure that they're included, and I know that you've made that commitment to do it, butt just wanted to at least add onto the local business portion of it, but also for the department to be open to trying to figure out ways to do more oufreach efforts to include them because a lot of these small businesses really just -- they feel like they're notgoing to get it anyway, so they're notgoing to try for it, so I think that whatever the department can do to fry to encourage that, it would be greatly appreciated and would be valued by many of the smaller businesses in the area, so if we could see that happening, that would be beneficial. Mr. Aluko: As I mentioned to you yesterday, Commissioner, we definitely will. We will use the different One Stop shops that are around the City ofMiami. Our pre-qual -- this Pre -Qualification [sic] Program is open yearly -- Commissioner Spence -Jones: Yes. Mr. Aluko: -- it doesn't close -- Commissioner Spence -Jones: Good. Mr. Aluko: -- and we believe that with this Pre -Qualification [sic] Program, it will give them a better opportunity -- Commissioner Spence -Jones: More opportunities, OK. Mr. Aluko: -- to work for the City. Commissioner Spence -Jones: Thank you. Mr. Aluko: You're welcome. Vice Chairman Sanchez: All right. Mr. Aluko, the pre -qualifying, I know, makes the projects move faster, of course. If you needed somebody in concrete, you have somebody on the list for concrete. If you need somebody for drainage, you have somebody for drainage. I'll tell you where I think that we need to focus on, and I -- where I think that the Commissioners had some concern in the past, and that's been on making sure that somehow we're able to put language in there that these prequalified contractors do the work themselves, and this is -- Aluko: Self -perform. Vice Chairman Sanchez: -- yeah -- and this is what happens. Company A gets the contract. It subcontract Company B, and they do that, and that's where I think that we have been faced with hurdles and obstacles when the company that's been subbed out to do the job isn't quite performing as it should have, so is there any way that we could come up with language where City ofMiami Page 58 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 the companies that are prequalified, or the contractors, do the work themselves? Hr. Aluko: Yes. I have my staff who's spearheading this item with us, but as he just mentioned, this will be tied to an evaluation criteria. Generally, larger projects would require a general contractor, and of course, general contracts will have to sub out the miscellaneous trades, but we often -- oftentimes, we do have specialty projects within the City, where there is electrical issue or storm water reconstruction or repair. Those items where you usually see contractors that come in and then they sub out, they do not self -perform. We will have that criteria in the evaluation, and if they cannot -- in previous work, had they not self -performed, or if they cannot self -perform, we'll make -- certainly make sure that they're counted a way -- lower. Vice Chairman Sanchez: And I realize you have not been here -- you know, you haven't been here that long, but your staff -- Hr. Aluko: Two months. Vice Chairman Sanchez: -- maybe through the experiences in the past, do you agree with me, or does your staff agree with me on that, that that has been a problem when these companies -- Hr. Aluko: I'll bring -- Vice Chairman Sanchez: -- sub out these jobs? Hr. Aluko: -- my assistant director who's been here. Vice Chairman Sanchez: I mean, I have a -- I've had some concerns with that, butt know one of the Commissioners, the Chair here, had a lot of concerns on that, so I want you just to elaborate a little bit on that. Gary Fabrikant: Gary Fabrikant, assistant director, Department of Capital Improvements. I apologize for the way I'm dressed today. I didn't expect to be attending the meeting today. However, let me tie two things together here that address many of the Commissioners' issues with the quality of performance. One of the reasons this program has been created, as well as one other you'll see later today in consultants, is to allow the City to look very closely at any company that wants to do business with the City in advance so we have the time to look at that company's financial record, their safety plan, their record of paying their subcontractors, claims, all of the -- how much they pay their con -- their subs; how much they pay their workers, the health -- we're going to look at all of these factors to determine are they qualified to do work -- including their past history, not only with us, but with others. The thing that's also going to be a key component of this is we are going -- we're in the process now of finishing the software program for a contractor and consultant performance evaluation program, which will also be tied to this, where each contractor/consultant will be evaluated at least once or twice during a project, and at any time a major issue comes up, and as part of the evaluation program, they must maintain a cumulative grading of satisfactory, 3.0. If they don't, they're out. They can't do work for the City; they can't be part of this program until they come back to us and say this is how we have improved. We would allow them back in at the lowest level satisfactory rating, and if they make another mistake or don't do a job properly, they will be permanently out of the City, so we are -- we have heard your concerns very clearly and have developed these programs in an effort to be proactive at addressing those issues. Vice Chairman Sanchez: All right, but at times, it's not the big jobs; it's the little jobs, such as our sidewalk repair program that we have in the City. These companies get the bid; they subcontract a company, and then you have certain companies out there that break the sidewalk; takes a couple of days to fix it, and somehow -- those are the little issues. You know, it's not the big issues. It's the small issues that, you know, get -- well, all the issues are brought to our City ofMiami Page 59 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.5 07-00818 Department of Capital Improvements Program attentions in our office, and that's why we pass it on to you and the City Manager -- through the City Manager, but I think the problem is the subcontracting, where I think we need to stop that. Mr. Fabrikant: And you're absolutely correct. This program will prequalif, regardless of value, for the -- Vice Chairman Sanchez: As long -- Mr. Fabrikant: -- small and the big. Vice Chairman Sanchez: -- as you're -- Mr. Fabrikant: Yes. Vice Chairman Sanchez: -- telling me it's going to improve, that's what I want to hear. All right. It's a resolution. Mr. Aluko: Most definitely. Vice Chairman Sanchez: There was a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENTS BETWEEN THE CITY OF MIAMI AND NINE FIRMS UTILIZED FOR THE PROVISION OF CONSTRUCTION ENGINEERING OBSERVATION SERVICES FOR MISCELLANEOUS CAPITAL PROJECTS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-131, AS STATED HEREIN, TO INCREASE THE AUTHORIZED EXPENDITURE LIMITS FOR EACH, TO INCREASE THE NUMBER OF PROJECTS FOR WHICH EACH FIRM WILL CONTINUE TO PROVIDE THE SERVICES IN AN AMOUNT NOT TO EXCEED $600,000, EACH, INCREASING THE EXPENDITURE LIMIT UNDER EACH CONTRACT FROM $750,000 TO $1,350,000; ALLOCATING FUNDS FOR WORK ASSIGNMENTS AS NEEDED, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00818 Legislation SUB.pdf 07-00818 Exhibit 1 SUB.pdf 07-00818 Summary Form.pdf 07-00818 PSA.pdf 07-00818 PSA 2.pdf 07-00818 Scope of Work.pdf 07-00818 Compensation.pdf 07-00818 Text File Report.pdf 07-00818 Text File Report 2 .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 60 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-07-0391 Direction by Commissioner Regalado to the Administration to provide a report on every outstanding project, along with a timeline for the completion of each project, for the nine recommended firms to be utilized for construction engineering observation services. Direction by Commissioner Spence Jones to the Administration to provide a report on each of the nine recommended firms to be utilized for construction engineering observation services, to include the evaluation process utilized for their performance to date, whether each met their milestones on assigned projects, and the projects for which they were responsible. Vice Chairman Sanchez: And we go to RE.5. Ola O. Aluko (Director, Capital Improvements Program): That's correct, RE.5. I'm not certain - - OK, it's coming. We do have a substitution on the floor for legal language. Vice Chairman Sanchez: A substitute? Mr. Aluko: Substitution, that's correct, and basically, the substitution was that -- Vice Chairman Sanchez: This a minor substitution or what? Mr. Aluko: Very minor, very minor. This resolution is to increase the contract of our construction engineering observation consultants from 750,000 to 13 --from 1.35 million. Basically, the contracts had expired, so we had to give it to Law -- to Legal for legal sufficiency, and they went ahead and made the minor substitution, but so that you can understand what's happening here, due to the projects that we will be implementing this coming fall, we want to ensure that our construction engineering observation consultants are well -- they have enough capacity within their contracts in order to complete their observation service, their inspection services. In addition, we would like to give them additional projects to oversee as we implement these new projects over the next year or -- and two. Vice Chairman Sanchez: All right. Coming back to the Commission, is there a motion? Commissioner Sarnoff I'll move for discussion -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- purposes. Vice Chairman Sanchez: There's a motion -- Commissioner Spence -Jones: Second for discussion also. Vice Chairman Sanchez: -- by Commissioner Sarnoff second by Commissioner Spence -Jones for the purpose of discussion. Commissioner Sarnoff, on the item, you're recognized. Commissioner Sarnoff So, Ola, I am a citizen in the City ofMiami. I've read the Miami Herald; I am concerned. Tell me how this fits in with what I'm reading in regards to Capital Improvements. Why should this Commission authorize project coordinators? Why can't we do it ourselves, and how does this help our capacity? Mr. Aluko: I'll start with why can't we do it ourselves, Commissioner. These consultants are -- City ofMiami Page 61 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 or will be our eyes and ears in the field. They are actually inspectors. They do the day-to-day inspection, overseeing the contractors. Typically, this is done in industry. We do not have the staff and even if we did have the staff this is what's done in industry. I believe, again, we've chosen the best nine out of the original thirteen, I believe, that were -- we had on contract, to renew or to extend their -- the contracts. We believe that they've performed, and they've done the City well, and they will continue with these new projects coming in. It's true we did have -- we have some issues with the CIP Department, but I believe, with the new leadership and new management, we can rectify those issues and move forward. Commissioner Sarnoff So, just for the average person, what you're doing is you're contracting with a third party to oversee projects and do inspections that City employees don't do? Mr. Aluko: That's correct. Commissioner Sarnoff And you're asking that the capacity of the 600,000 being cre -- I'm sorry. Vice Chairman Sanchez: Seven fifty. Commissioner Sarnoff Seven hundred -- Mr. Aluko: Seven fifty. Commissioner Sarnoff -- fifty go to 1.3 million -- little over that -- Mr. Aluko: That's correct. Commissioner Sarnoff -- and that's as a result of the second franche of the cap -- Homeland Security Bond projects, essentially? Mr. Aluko: Homeland Security Bond projects, and also the sfreet bond projects, that's correct. Commissioner Sarnoff Right, and the sfreet bond project is equally going to be bonded very shortly, right? Mr. Aluko: That is very correct. Commissioner Sarnoff So what you're saying is that the average citizen can start to see an increase in capital improvement projects in and around the City? Mr. Aluko: The average citizen will see -- will start to see an increase starting September, once this is ratified, and I do assure you that. Commissioner Sarnoff And you have worked closely with the City Manager in approving these particular nine vendors, correct? Mr. Aluko: The City Manager's been briefed. He's given us his concurrence, and -- unless anything changed. Pedro G. Hernandez (City Manager): Commissioners, I think it's important to note, you know, for the public's, I'd say, peace of mind, that -- the issue that we had at Capital Improvements was located in the in-house design section, individuals that were responsible for doing design work or overseeing consultants that were doing design work. This are -- these contracts deal with companies that provide construction inspection services for the City. They're on the construction side of the house. The construction, I would say, program is supported by HDR (Henningson, Durham and Richardson, Inc.), which is our program manager, and then we have a series of City ofMiami Page 62 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 consultants that provide inspection services at the job level, and those inspectors are supervised by a set of construction managers that do work for HDR. Long term, I would like to be able to add critical staff to the City, especially at the construction manager level, without bringing in a lot of people because you don't want to overload with City staff that you may have to then cut later because the peak -- we have gone beyond the peak, but you want to have a two, three, four individuals that are City employees at the construction manager level that would be overseeing these consultants that provide the inspection day-to-day. I think we'll have better control of the construction program if we do that, and that's our goal moving forward, but I think that Capital Improvements today needs to have these extensions or expansions to their construction inspection consultant contracts in order to have the capacity to be able to do the inspection on upcoming homeland defense work, street bonds work that the residents will be seeing very soon. Commissioner Sarnoff And just one more time, Mr. Manager. For the record, these are the folks that we're hiring to go out there and make sure that the contractors that we hired are doing the work that they're doing? Mr. Hernandez: That's correct, sir. Commissioner Sarnoff OK. Vice Chairman Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. On the issue of supervising, the people that were arrested, what they were supposed to be doing? Mr. Aluko: Mr. Commissioner, they were design project managers. We had a few of them who actually did in-house design, and we also had a few who oversaw our consultants who provided design services for the City, and I believe two may have been CAD (Computer Aided Design) operators, so primarily, they were design project managers. Commissioner Regalado: So what you're saying is that these people that were doing work of their own didn't have the time to supervise the consultants that were supervising the contractors? Mr. Aluko: No, no, Mr. Commissioner. These design project managers either designed in-house -- like for instance, Antonio Maceo was designed by an in-house architect. We also have other project managers who oversaw another architectural firm, not necessarily contractor, but an architectural firm, and they oversaw the work in which that firm was delivering to the City, so in the case of a project being delayed, for instance, if you have a three-month schedule on a design and that three-month schedule turned into a year schedule, that individual was meant to ensure that the architect met his or her milestones, and that's where we had a breakdown in oversight. Commissioner Spence -Jones: Let me just add on -- I'm going to let you finish -- I just want to add on Regalado's. I'm just curious, though. Do they not have enough things to do? I mean -- Aluko: Unfortunately, I wasn't present -- Commissioner Spence -Jones: I'm just saying. I'm trying -- Mr. Hernandez: That shouldn't have been -- Commissioner Spence -Jones: -- to understand. Mr. Hernandez: -- the case. They should have had more than enough work to -- Commissioner Spence -Jones: I mean, if you have so much --- City ofMiami Page 63 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: -- keep them busy. Commissioner Spence -Jones: -- going on -- I mean, all of our parks and all of our projects happening, it just seemed like they would have a lot to do. Mr. Hernandez: Yes. Commissioner Spence -Jones: Oh. Commissioner Regalado: Well, OK. Mr. Aluko: So again, not the contractors, but the architects or engineers. Commissioner Regalado: OK, but I will -- what I will like to understand is, because of those delays in design or supervision, or whatever, this is why we're paying more now because the projects have exceeded their program time to be completed? Mr. Aluko: No, Commissioner. You're mixing two things. Commissioner Regalado: No, I'm not. No -- Mr. Aluko: OK Commissioner Regalado: -- and I tell you -- this is my question. Let me explain myself. Suppose that, like you said, Antonio Maceo Park or the Grapeland Park, or 64th Avenue, these people were the people that were supposed to be designing were dragging their feet and not designing. Now the contract for this project with these companies was to supervise those works, but if the work -- Mr. Aluko: I'm sorry, Commissioner. I don't mean to disrupt you, but no, that's not correct. Commissioner Regalado: OK, so you tell me what -- Mr. Aluko: Let me ex -- Commissioner Regalado: -- why are we -- so what's -- is there any connection at all --? Mr. Aluko: No, sir. There's no connection with those individuals and this particular contract. There's no connection whatsoever. Commissioner Regalado: OK. Mr. Aluko: These are inspectors. We have -- or at one time, we had three on staff. Recently, one of my inspectors recently resigned, so I have two in-house inspectors. This contract gives us additional inspectors to do -- to oversee contractors in the various projects. Commissioner Regalado: OK, but if these various projects were delayed, this is costing the extension of the contracts; is it not? Mr. Aluko: No, not at all, sir. Two separate things. Commissioner Regalado: These are new contracts? Commissioner Spence -Jones: These are new. City ofMiami Page 64 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Aluko: No. These are existing consulting firms overseeing the -- Commissioner Regalado: Ola -- Mr. Aluko: -- inspections. Commissioner Regalado: -- what I'm saying is, if you pay me to inspect you for 30 days and I work more than 30 days, I expect to be paid by you more to inspect you more than 30 days -- Mr. Aluko: That's correct. Commissioner Regalado: -- and this is what is happening here. Mr. Aluko: To answer your question, no, not at all. Commissioner Regalado: OK. Mr. Aluko: This is to increase, like -- let me break it down. We may have one consultant that has a capacity of $750, 000. Right now his work -- his contract may be at roughly $500, 000. I'm about to expect to implement several million dollars of projects within the next year. I want to ensure that this particular consultant does not run out of his capacity, so I'm increasing his capacity from 600,000 to 1.3 million, that way his contract doesn't expire, let's say, in March, so it's an increase to his capacity, not -- has nothing to do with delays or project extensions. We just want to be prepared for the upcoming projects in which we're implementing. Commissioner Regalado: OK. I understand what you're saying, but what I'm frying to understand is, has the incident of The Firm delay any, any of the thousand projects in the City? Mr. Aluko: We are currently investigating that, butt have been advised yes. I do have a project that has been identified. Commissioner Regalado: That is my point. Mr. Aluko: Yes. Commissioner Regalado: That is my point,; that it took more time for these people to inspect because it's more time. Mr. Hernandez: Commissioner, ifI may --? Chairman Gonzalez: I believe, if you allow me, what the Commissioner is saying makes a lot of sense. If you start building a project and your target completion date is a year, OK, if that project takes two years, then you need to have additional supervision for a second year, and it makes it more costly. Commissioner Regalado: Exactly. Chairman Gonzalez: You know, and -- Mr. Hernandez: Well, that would apply only to the design phase, not to the consfruction phase because when a project goes into consfruction, you're issuing a work order for the inspection of that consfruction. If it's delayed in design, it never gets to construction, so I'm not using inspectors because I don't have a project. I issue a work order to construction inspectors once a project gets to construction. I don't issue it when it's in design. If -- yes, if a project is delayed in City ofMiami Page 65 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 design, yes, it takes longer for it to get to construction, and I may have to have used additional dollars to complete the project, like maybe using other staff at overtime or using consultants because of the lack of effort by those individuals, but it's not impacting the inspection contracts. Chairman Gonzalez: But I got to be quite honest with you, OK? I mean, let's not kid each other here. Let's put things on top of the table, all right? And I have discussed it with you many times. I have discussed it with the Mayor, and I have discuss it with you recently. There shouldn't be any reason why a district Commissioner has to impose upon himself to go by each one of his projects everyday to make sure that the project is moving along. There isn't a reason -- any reason why a district Commissioner has to go to a project and identify problems and delays caused by actions or by circumstances that could have been prevented or could be prevented, and if a Commissioner that is not an engineer, is not an architect, is not a builder can identify those problems, why those problems hasn't been identified by the so-called inspectors, by the so-called consultants, or advisors, or --? You know, and let me tell you, you know, what I have gone through with my parks, I don't desire that to any one of you. I don't desire that to my worst enemy because it is totally unreal. The baseball fields in Grapeland, they have been being completed for the last half -- a month and a half two months. Supposedly, we now have a CO (Certificate of Occupancy) -- a TCO (Temporary Certificate of Occupancy). I'm frying to open the park; same situation that Commissioner Regalado had with the pool. People want to take their kids to play ball. Now I want to open the park. Now I've been told by Park [sic] that they don't want to accept the park because still there are some problems. I mean, you know, I don't know what's going on, but it's really frustrating. It's to a point where you say, you know, I give up. It's nothing I can do. I mean, it's like fighting a big monster that you can just -- that you can't win, and you know, and we keep asking more money and more money and more money. To do what? I'm telling you, there is no reason why I should have to go to each one of my projects - - and I do this daily. I do this in the morning, and I do this in the afternoon. Igo in the morning to see what they're doing, and then in the afternoon, Igo back by the place to see if they completed what they started in the morning. That shouldn't be my task. That shouldn't be my job. My job is to approve the budget for a project, to approve a project, and to motivate people to start projects in my district. That should -- that is my job. My job is not to supervise construction sites. I'm going to tell you about the water park. The water park, you go by the water park, and one day, you see 50 people working on the park. The next day you go by, you see two guys. They have been doing -- you know, I mean, any private construction company, you give them a building like the buildings at the water theme park, and they do the plaster, the outside plaster. They do it in a week. They have been working on that for almost a month, and they go in, and they do a piece of one wall, and then they disappear, and then, a week later, they come back and do another piece of another wall, and they go back, and they disappear, and then they come back -- I mean, it's something -- I don't know how you people can stand that. You know, there has to be some certain disconnect here or people in the City don't care; they don't have no interest on the projects being completed, but we have a serious problem. We do have a serious problem, and we need to admit that we have a problem and then start working to solve the problems because if we keep, you know, kidding ourselves and say, you know what? Everything is fine. This is beautiful. Everything is moving beautiful, no problem. Listen, you will never recognize that there is a problem. You told me two weeks ago the parking lot at Maceo is going to be completed by Tuesday, and I told you, I bet you anything, and we bet some pastelitos. Mr. Aluko: Well, not bet; we offered. Chairman Gonzalez: Right, and I told you that parking lot won't be completed in the next two or three weeks. Guess what? Vice Chairman Sanchez: You won. Chairman Gonzalez: It's not complete, and I'm not an engineer -- City ofMiami Page 66 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: Did you get your pastelitos? Chairman Gonzalez: -- but you know what? I got a little bit of common sense, OK Commissioner Regalado: No. We got a consultant to buy the pastelito. Chairman Gonzalez: Right, you know -- Mr. Aluko: No, no, no, no. No, the -- no consultant bought the pastelito, but Commissioner, I do understand, and believe it or not, Commissioner, that was part -- that gave me an exercise to see how not only do our contractors perform, but also to see how our CEOs perform, and I wasn't impressed at all. I wasn't, and as I mentioned to you, Commissioner, we will implement -- if we haven't -- in our contracts right now, we will implement liquidated damages. Usually, contractors listen when it hurts in their pockets. We will have milestones. For instance, in the Florida Department of Transportation, they have incentive programs where, if they finish by certain dates, they get a bonus, an early bonus incentive, not that I want to put out money -- Chairman Gonzalez: You know -- Mr. Aluko: -- that way -- Chairman Gonzalez: -- it's -- Mr. Aluko: -- but -- Chairman Gonzalez: -- a total mess. Mr. Aluko: I understand that, and we -- Chairman Gonzalez: The water pump station, that should have been completed a month ago, two months ago. They're still playing around with the water pump. They should have done the restoration of 7th Street three months ago. When they finished excavating and they covered the 7 Street, they should have done the restoration, but these people, they're not organized. I mean, they work a little bit here, a little bit there, a little bit -- they don't have a sequence; they don't have a schedule. They don't have -- it's a total disaster. I mean, it's a total complete disaster. Mr. Aluko: All that will change, Commissioner. We will -- Chairman Gonzalez: No -- Mr. Aluko: -- implement industry -- Chairman Gonzalez: -- but -- Mr. Aluko: -- standard measures -- Chairman Gonzalez: -- you know what? You just got here. I've been sitting in here six years, and that's what I hear every time I complain. It's going to change. We promise you. Now it's going to change. It's going to change pretty soon. We're going to rectify it. We're going to take care of it. Six years. I might end up, you know, spending here ten years and continue to listen that it's going to be changed. Commissioner Regalado: So you say -- City ofMiami Page 67 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: You know, they -- this is the most -- the surprise -- you know, the first thing that you do when you're going to build a building, or you're going to build a facility, is to get your water allocation letter and you [sic] water connection, OK? They completed the baseball fields and the building, and after everything was completed, they didn't had any water because Miami -Dade Water & Sewer was giving them problems to connect the meter -- the water meter. I said, my God, but you know, I mean, once again, I'm not a general contractor. I'm not an architect. I'm not an engineer, you know. I don't know anything about any of that, but my God, it makes sense, you know? You know you're going to need water. At the end, you're going to -- you know that you're going to need water. Get your water connected. Get your approval for the water. Get your approval for the sewer. Get everything in place. Once you finish the building, you can connect, and that's it. I mean, it's over, you know. No, once you finish building, oh, you know what? Guess what? We need to start working on getting water to the building because we won't have water. I'm sorry, but -- Mr. Aluko: I must applaud you, Commissioner. Those measures that you just mentioned there, that is -- that's -- Chairman Gonzalez: Another problem -- Mr. Aluko: -- just part of it. Chairman Gonzalez: -- that have. Every time that go to one of my projects, I can't find anybody that can talk to that can get some information. I have to be reaching out to HDR constantly, to Neal Poteet, who's sitting here now, and I have to thank Neal that, you know, thanks to him, I get some information on what's going on and I get an update because I cannot find anybody at the job site thatl can talk to and ask him, you know, what are we doing? How many days it's going to -- are you taking to do this? What is the next step? What is the next phase? What is happening with the building? What is hap --? No. You know, Igo there, and I just look, and you know, make my assumptions, and say, you know what? I think they're making a mistake, but -- I'm not supposed to tell them that they're making a mistake. Guess what? Three weeks later, a week, or a month later, I find out, oh, we made a mistake. Oh, good, you know, so I'm sorry, but I'm totally frustrated. I'm totally, you know -- Commissioner Spence -Jones: Mr. Chairman -- Commissioner Regalado: OK. I got a question. Commissioner Spence -Jones: -- I just want to -- Commissioner Regalado: IfI may -- I got a question. You say that of this contract for $750, 000, in most of them, you have only paid 350? Mr. Aluko: No, that was an example I was giving you so you can understand that we were increasing the capacity of a consultant. Commissioner Regalado: Yeah, I know, but the example, is it right? Mr. Aluko: Please don't hold me to that exact figure. I can surely -- Commissioner Regalado: Well, say that none of these company have already got payment for $750, 000; is that a correct statement? Mr. Aluko: That's a correct statement. Commissioner Regalado: So there is still money for them to work? City ofMiami Page 68 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Aluko: There is capa -- there is minor capacity for them to work, that's correct. Commissioner Regalado: Minor or --? Mr. Aluko: Please understand me. We have nine CEOs (Construction Engineering Observations) up for increase of capacity. Different CEOs have tapped into their capacity at different levels. The exact number, I don't have off head right now, but I could certainly provide that to you, but -- so that you can establish your point. Commissioner Regalado: But I'll tell you what I would propose. If -- listening to the Chairman, and frankly, I agree with him that, you know, ifI go -- when I try to go to Flagami to see the 64th Avenue project, I take 826 so I can go around, and I look at that park and say, you know, poor Chairman because the park has been there like forever and nothing is done. Before I can vote for the increase money, we need to get a report on every project and some timeline because it makes sense. I mean, it makes sense that we get some timeline on the project and -- to understand because, you know, we keep telling the people that call our office or that we meet with them, you know what? It's going to be done. Like 64th Avenue, we met with the people. No, no, no. It's going to be done like in two weeks. Hey, it's already done, according to the officials' e-mails (electronic), but it wasn't. There was still flooding all over, wales not fixed;; sidewalks destroyed, and that -- the official answer was it was done; the project has been complete, so I would rather have you look and decide when can we hope to have this projects finished, you know, and please understand that the Mayan Calendar only goes to 2012. Mr. Aluko: That's correct. Commissioner, ifI can -- Commissioner Spence -Jones: Mr. -- Mr. Aluko: -- ask -- Commissioner Spence -Jones: -- Chairman, I just want to make a remark -- comment. I don't know if you have something to -- Mr. Aluko: Actually, I was just going to mention to Commissioner -- Commissioner Spence -Jones: Sure. Mr. Aluko: -- ifI can ask for his support on the CEOs mainly because of the projects that we are going to be implementing. Most certainly, I will give you the timeline. We do have over, I'm sure, actively right now, 600 projects. However, I can give you a timeline as to when these jobs will be completed. Again, as you mentioned, this is -- I am new in this position. I did do that exercise with Antonio Maceo to see how my CEOs and confractors are working, and most definitely, I can give you that timeline, but the support for this agenda will definitely be appreciated. Commissioner Spence [sic]. Commissioner Spence -Jones: Yes, Mr. Aluko. First of all, I want to at least commend you for at least really making sure that we've been briefed on these items regarding, you know, construction confractors and all of this because, as you know, it's been somewhat overwhelming over the last week, and I'm sure that's what you're somewhat hearing, and it almost appears as though you're on the firing squad, but clearly, that's -- I'm sure that's not my colleague's intentions. I just want to add a couple of things, and they've kind of hit on some of them, and my question is that -- is based on the nine contractors that we do have or the nine firms that are going to be utilized, is there an evaluation that's put in place already from this prior contract that shows that they have met their milestones on reviewing or checking projects out in -- throughout the City? Because the reason why I ask you that, when we start hearing little City ofMiami Page 69 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 complaints -- I mean, I don't want to sit up here and name all of mine, and you know that I drive in my district and look at my projects all the time, and you know, when we start talking about pools, I'm going to say the same thing about Gibson Park, you know. Who -- what consultant was looking over that project to make sure that it got complete? Because whoever that was, I think that that's a person we need to figure out whether or not they -- we need to even be paying them. We might need to evaluate whether or not some of these projects that are within our district, for whatever reason, if they're not getting complete or they've slowed down, or whatever the case may be. I should not have to go to MLK (Martin Luther King) Boulevard and look at broken pavers, you know, that we just put in six months ago and say, what's going on with them? And Mr. Manager, you know it, OK, 'cause I have done it with you on a couple of occasions to have them correct it, and just as Commissioner Regalado has stated, or Commissioner Gonzalez has stated, we shouldn't have to go out there and say this is not correct or this is not right. How can I look at something and see that it's not right and the inspector can't determine the same thing? And Neal has done an outstanding job with making the corrections on those things, but to me, that -- you know, the -- it should not be us saying that there is a problem before it changes, so my question really for you, Ola, is is there an evaluation that's put in place already now at each one of these nine contractors that we have -- or consultants that we have to make sure that they're meeting their goals, and their objectives, and their projects that they're responsible for overseeing, they're actually overseeing them? Because Little Haiti Park, you know, it's moving now, but for a long time, it was not moving; things were not happening, you know, so my question is -- I'm going to agree with Commissioner Regalado on that end. Before we really vote on a item -- and I understand the sensitivity of it because we now have the second -- Aluko: Funds. Commissioner Spence -Jones: -- series of the bonds happening, so we need to move these projects, and we don't want them to slow down for any reason, but my question is for you: Can we get some sort of breakdown or some sort of evaluation on each one of these companies? Who are they -- who were they -- what projects were they responsible for, and did they meet the necessary requirements, guidelines, or whatever you put in place -- Aluko: That's correct. Commissioner Spence -Jones: -- from an evaluation standpoint? And if they did not, you know, if you know, Grapeland is still having problems, then whoever that consultant that's responsible for that, you know, really, we need to reconsider whether or not they need to even be on the list. Mr. Aluko: I do know there was a greater list -- there was a larger list than this, and it was weeded down -- or reduced, I should say, to nine from, I believe, thirteen or eighteen, but there was a larger list, and I'm sure there is an evaluation process that staff is using. Commissioner Spence -Jones: Is there any way we can get that before we make a determination on the item? Mr. Aluko: I -- we'll have that over to you, unless you want to suspend the item 'til after lunch. Give me one second. We don't have it in the chambers today, the actual evaluation process, but I'm sure, again, there's something that we use to narrow down these nine contractors -- nine consulting firms. Commissioner Spence -Jones: Hopefully, it's performance. Mr. Aluko: Definitely performance. That's the key criteria. Commissioner Spence -Jones: That's my only comment, Mr. Chairman. City ofMiami Page 70 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: OK, so it's easy. Do we know which projects is been supervised by each of these companies? Mr. Aluko: Yes. We have a list of that in the office. Commissioner Regalado: That's easy. You bring it back on the next Commission meeting, and we'll discuss the item. Mr. Aluko: If that's your wish, most definitely. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: All right. Yes, sir. Vice Chairman Sanchez: -- ifI may. Mr. Aluko, let me, first of all, say that if you play long enough in the big leagues, you're bound to get hit with a hundred -mile -an -hour fastball. Mr. Aluko: That's correct. Vice Chairman Sanchez: Welcome to the big leagues. Mr. Aluko: Thank you. Vice Chairman Sanchez: You know, it's refreshing to see you up there and address the Commission with what you believe is right. I think that's enough to praise someone to get up there -- and especially, I speak for myself I can't speak for another Commissioner, but I'll tell you one thing. I'm not an expert in all these issues. At times, I find it very complicating, dealing -- we deal with so many issues in an agenda, but when I'm wrong, I want to be told I'm wrong. It's all how it's said, but ifI tend to give you an information that you don't agree with, I certainly appreciate you having the professionalism, based on your expertise, as someone who is the head of your department, to let the Commission [sic] know that he's wrong on the issue. You know, I've heard the other Commissioners here, and I think that the word that I'm looking for is assurance. I want assure that these projects are not jeopardized. I want to know that today we're heading in another direction as -- in light of what's been happening in the past, and you know, some say why. You know, some say why, and I say why not. One of the things that I'm -- I'm going to ask you one question. I think, since this is going to be brought back -- I think that's the will of this Commission -- the question that have is rather than a subjective request for a qualification process that got us these firms, couldn't we get them through a formal bidding process? Just think about that. Mr. Hernandez: No, sir. Vice Chairman Sanchez: Think about that. Well, then tell me why. Mr. Hernandez: It's basically against Florida Statutes. Vice Chairman Sanchez: OK. Mr. Hernandez: When you're dealing -- these are consultants that provide professional services, and we're following State law to the letter, and you select these consultants based on qualifications, on experience, past performance, et cetera, but cannot do it on a price basis. That's -- Vice Chairman Sanchez: So in other words -- City ofMiami Page 71 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: -- I'm just following the law. Vice Chairman Sanchez: -- so -- Mr. Hernandez: This is not construction contracting thatl have a series of tools available to me from invitation to bids to RFPs (Requests for Proposals), et cetera. When you're dealing with the professional services agreements area, I'm bound by Florida Statutes. Mr. Aluko: Florida Statute (UNINTELLIGIBLE) 287.05 [sic]. Had it been contracting, yes, then we could go that right. Vice Chairman Sanchez: All right, and that's exactly -- you know, that's what want. Mr. Hernandez: And I think that the attorney can back it up. Vice Chairman Sanchez: Well, no -- Julie O. Bru (Deputy City Attorney): I mean, ifyou'd like to, I can read the criteria that's set forth in the statute into the record, but it's basically based on the past performance, the quality of the firm; it's not on a price. Vice Chairman Sanchez: Listen, I'm just proffering a suggestion or -- to a solution to try to be able to get this done. If you, under the Florida Statute -- and Madam Attorney, if you want to put it in the record for your sake, as well as the Manager, it's perfectly fine with me, but if you're telling me that it can't be done, then it can't be done. All right. The only concern thatl think that we have here is that we want assurance that these projects, with the nine firms now -- not the twelve, was it? Mr. Aluko: Thirteen. Vice Chairman Sanchez: -- thirteen -- those nine firms that you selected are the firms that are, one, have a good history; have provided the level of service that we demanded from them, and we could move forward because the last thing thatl think that we want to do here is jeopardize some of these contracts with the bid that's coming out, and once again, I want to put this -- you're new here, you know. A lot of times we inherit some of the things in the past, and your job is to correct it, and that's -- Aluko: Of course. Vice Chairman Sanchez: -- why I, once again, praise you for standing up there and saying, look, Commissioner, this is how -- this is my plan. I need an opportunity to get my plan done, and I think owe it to you. I think this Commission owes it to you and your department to fry to correct the sins of the past -- Aluko: Thank you. Vice Chairman Sanchez: -- and fry to get your -- I can't send you to war without bullets is what I'm trying to say, but there are some concerns. There are valid concerns for the Commissioners to be very concerned about CIP. You've even stated on the record that there is issues that you're worried about, so I just wanted to put that in the record as what was the comparison, but my answer has been -- my question has been answered by the City Manager where Florida Statute doesn't allow it. Commissioner Sarnoff Mr. Chairman. City ofMiami Page 72 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Yes. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff I mean, we have got to follow Florida Statute, but from a Commission basis, we're here to vet the Adminisfration; we're here to make sure the Adminisfration does our policy initiatives, but none of us are capable -- not one of us are capable of making the determinations that the Administration -- as to who the most qualified contractors are, and the moment we start second-guessing them, we're going to get nothing accomplished, and we're going to get stuck in a quag -- we'll be in a quagmire, and we'll be saying, well, I don't know. Commissioner Regalado's office finds these four people the most qualified;; Commissioner Sarnoffs office says these five people are qualified. You know, to -- we've got to trust this City Manager. We've got to frust this director of CIP, and yeah, we have to call them on the carpet when they're wrong, but until there's another system in place, none of our offices are capable of second-guessing them as to what they're doing other than setting criteria and asking them are you following these procedures, and I'm sure all of you are looking forward to the second tranche. I'm sure you're all looking forward to seeing capital improvement projects not only get started, but completed. Aluk [sic] is new to us, and to some degree, so is the City Manager, and I'm sure that he's dealing with issues that predate him, and I hope he works through those issues, but you know, we, as a board, have to frust these officials to some degree. We have to call them into the Sunshine, as we're doing today and saying, look, we're the ones that pay the price. Because you don't pay the price; we do. Everybody's sitting up here, and there'll be three people; it'll be voted on in November. We pay the price for the mistakes made by the Administration, but the best we can do is, two days a year -- I'm sorry, two days a month, bring it to the citizens' attention as best we can and say why is this? Why are we reading about this? How are you going to change this? What new policies are going to be implemented? And then, hopefully, you know, get the answers that satisfy us and vote on a measure. You know, most of us -- most people in the City ofMiami don't know this very well -- don't even know this right now; that nobody at this level right here sitting behind this dais is capable of hiring or firing one person in the City ofMiami. As a matter offact, to make that suggestion is a violation. All we're capable of doing is questioning and setting policy. The man sitting with the City Manager's position makes all hiring and firing decisions in the City ofMiami, so even though you vote for us, we have our limitations, and one of the limitations we have is that we've got to take their advice, subject to our own input, but I just want to make that clear for everybody watching the television right now, and that is we have our limitations, and we are equally limited to what they provide to us, the Administration. Mr. Aluko: Thank you. Commissioner Regalado: I don't -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- have a problem with the companies that you chose. I don't have a problems with the need to extend the contract. I'm just saying that I just want to understand which is supervising what because, like the Chairman, Igo myself everyday to see the traffic circles. Remember that we spoke about the traffic circles? Mr. Aluko: We definitely did. We did. Commissioner Regalado: Yeah, and like the Chairman, Igo like everyday, even in rush hour, to 64th Avenue because that's a nightmare, and I go to the pump station on 62nd Avenue, even though it's a long way from my home, and I just want to know who is supervising so I can say to you, Mr. Director, Mr. Manager, like I told you the other day, look, there is -- there are seven traffic circles that had been abandoned for four month and a half and I counting the days, and City ofMiami Page 73 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 that's all that -- I don't care which company. I don't even want to know how you chosen, through the bid, or through whatever. That's not my issue. My issue is I wanted to know which company is supervising what because then we have the possibility of telling you, look, I went by there, and it's not finished;; it's still there. The weeds are like this. On the circles, there are still construction debris. Remember the portable toilet? Mr. Aluko: That's correct. Commissioner Regalado: Yeah. It was there like four month and a half. I mean, you don't want a portable toilet in front of-- Aluko: And since removed. Commissioner Regalado: -- your home for four month. It was gone. Mr. Aluko: After your -- Commissioner Regalado: Thank you. Mr. Aluko: -- acknowledgement, since removed. Commissioner Regalado: Thank you very much. That was your first achievement in the City of Miami was when you -- Aluko: I'd rather be known for something else, but -- Commissioner Regalado: -- to get the portable -- Mr. Aluko: -- if it is -- Commissioner Regalado: -- toilet -- I mean, you know, at least in my district it was, but can't vote for this today; I just can't. Commissioner Spence -Jones: Can I just ask, Mr. Manager --? Chairman Gonzalez: All right. Commissioner Spence -Jones: I know. I'm sorry, Mr. Chairman. Mr. Manager, I mean, have you weighed in on your thoughts and -- Mr. Hernandez: Yes, I -- Commissioner Spence -Jones: -- feelings on --? Mr. Hernandez: -- have, andl would like to weigh more, ifyou allow me. Commissioner Spence -Jones: OK, can you just -- so we're clear before we make a final decision, since, ultimately -- Mr. Hernandez: Mr. Chairman, Commissioners, I'm asking for your support in moving this forward. I agree with what Commissioner Regalado has asked for, and we must provide that. Ola, Capital Improvements, he needs the tools to be able to get the job done. Otherwise, it's more impediments, more paperwork, more headaches, more potential delays. He needs inspectors at the job sites. Maybe we need more inspectors; I don't know, but he needs to have those consultants available to him. We just were very successful, by the way -- because City ofMiami Page 74 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 sometimes the good news doesn't -- they don't get around often enough. You realize that we received excellent bond ratings by all the rating companies recently that resulted in very successful refinancing of a hundred million that we owed from the Homeland Defense 1, and that we just sold 15 million on Homeland Defense 2, and we're ready to move forward with those projects. We're looking ahead to next month to 80 million street bonds. The City ofMiami, five years ago, was nothing as far as doing projects, zilch. Today it's in the range -- Chairman Gonzalez: All right. Let's -- Mr. Hernandez: -- of 140, 150 million. Chairman Gonzalez: Let's -- Mr. Hernandez: We need to be able to -- Chairman Gonzalez: -- fish -- Mr. Hernandez: -- have the tools. In -- Commissioner Sarnoff Or cut bait. Mr. Hernandez: -- this agenda -- Chairman Gonzalez: -- or cut bait. Mr. Hernandez: -- Capital Improvements has the miscellaneous contracts that were approved before. He's got the construction inspection that he needs. He's got the JOC (Job Order Contract) contracts that he needs to extend. He needs to be able to have the tools to be able to move forward and help. I'm also, Commissioner and Chairman Gonzalez, fed up. I want to get Grapeland done. I want to get Antonio Maceo done. I'm not happy, and I want my folks to know I'm not happy, and I want them to be upset too because we have to deliver on time, and we have to deliver on budget, so I'm upset, and I want to improve things, but I also need your help, on the other hand. Chairman Gonzalez: All right. Let's call the question. Vice Chairman Sanchez: No. Need a motion. Chairman Gonzalez: Was there a motion? Priscilla A. Thompson (City Clerk): Yes. Chairman Gonzalez: There was a motion -- Ms. Thompson: Yes. Chairman Gonzalez: -- and there was a second. Ms. Thompson: Yes. Chairman Gonzalez: It's a resolution. All in favor, say "aye." Commissioner Regalado: No. Chairman Gonzalez: One "no." City ofMiami Page 75 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Thompson: And that is approved, as modified. Mr. Aluko: Thank you, Commissioners. Chairman Gonzalez: Right. That'sRE.5, right? RE.6 07-00819 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING A GRANT AWARD, IN THE AMOUNT OF $2,250,000, FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE FLAGAMI/WEST END STORM SEWER IMPROVEMENTS PROJECT, PROJECT NO. B-50695; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $8,311,200, FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. B-50695-FLAGAMI/WEST END STORM SEWER IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 07-00819 Legislation.pdf 07-00819 Exhibit 1.pdf 07-00819 Exhibit 2.pdf 07-00819 Exhibit 3.pdf 07-00819 Exhibit 4.pdf 07-00819 Exhibit 5.pdf 07-00819 Exhibit 6.pdf 07-00819 Exhibit 7.pdf 07-00819 Exhibit 8.pdf 07-00819 Exhibit 9.pdf 07-00819 Exhibit 10.pdf 07-00819 Exhibit 11.pdf 07-00819 Summary Form.pdf 07-00819 Letter.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0392 Chairman Gonzalez: RE.6, Flagami/West End Storm Sewer Improvement Project. That should be an easy one. Commissioner Regalado, that's your district. Vice Chairman Sanchez: That should be an easy one. Commissioner Regalado: Yeah, and this is -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- a fire issue. It's a grant, and it's important, and I will move it, and I City ofMiami Page 76 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: Second. Commissioner Regalado: -- would tell you that the floods -- and you know what? We need, Mr. Manager, to get the County and we need to get the State helps [sic] on this one. Flagler and 62nd Avenue, a State road and a County road -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- was flooded. Cars were navigating -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- because the engine stall. It was three feet of water in that intersection, and it ran through even Northwest 1st Street, and people, who do they complain? To us -- Chairman Gonzalez: The Commissioner. Commissioner Regalado: -- and you know, County gets away with it; State gets away with it, and -- Pedro G. Hernandez (City Manager): State -- the State has Flagler, right? And the County is 62nd at that point? Commissioner Regalado: Yeah, and 67, it's a County road; 57 is a County road, and yet, we get blame for everything. I mean, it's wrong. It's unfair. I'm just saying. I move the item. 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. RE.7 07-00820 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING A GRANT AWARD, IN THE AMOUNT NOT TO EXCEED $1,500,000, FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE FAIRLAWN STORM SEWER PUMP STATION PROJECT, PHASE IIA, PROJECT NO. B-50702; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $987,201, FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. B-50702-FAIRLAWN STORM SEWER PUMP STATION PROJECT- PHASE IIA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. City ofMiami Page 77 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 07-00820 Legislation.pdf 07-00820 Exhibit 1.pdf 07-00820 Exhibit 2.pdf 07-00820 Exhibit 3.pdf 07-00820 Exhibit 4.pdf 07-00820 Exhibit 5.pdf 07-00820 Exhibit 6.pdf 07-00820 Exhibit 7.pdf 07-00820 Exhibit 8.pdf 07-00820 Exhibit 9.pdf 07-00820 Exhibit 10.pdf 07-00820 Exhibit 11.pdf 07-00820 Summary Form.pdf 07-00820 Letter.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0393 Chairman Gonzalez: Fairlawn Storm Sewer Pump Station Project. That's another one that is easy. Can -- Commissioner Regalado: Move it. Chairman Gonzalez: -- someone make a motion on that? Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Commissioner Sarnoff 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. Vice Chairman Sanchez: RE.8 -- Chairman Gonzalez: OK. Vice Chairman Sanchez: -- was deferred. Chairman Gonzalez: RE.8 was deferred. RE.8 07-00821 RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Planning, PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY"), FLORIDA, Budgeting, and FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING Performance SEPTEMBER 30, 2008; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY City ofMiami Page 78 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.9 07-00823 Downtown Development Authority APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET, FOR SAID FISCAL YEAR. 07-00821 Legislation.pdf 07-00821 Summary Form.pdf DEFERRED Item RE.8 was deferred to the Commission meeting currently scheduled for July 26, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), TO LEVY AN ADDITIONAL AD VALOREM TAX TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008; AUTHORIZING AND DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATES, TIMES AND PLACE OF THE PUBLIC HEARINGS, AS STATED HEREIN, AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. 07-00823 Legislation.pdf 07-00823 Cover Memo.pdf 07-00823 Pre -Legislation 1.pdf 07-00823 Pre -Legislation 2.pdf 07-00823 Boundaries Designated.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.10 07-00824 Department of Fire -Rescue R-07-0394 Chairman Gonzalez: Millage rate, DDA (Downtown Development Authority), fiscal year 07/08. Vice Chairman Sanchez: So move. 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: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF FIRE SERVICES, City ofMiami Page 79 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 13, 2007, AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. 07-00824 Legislation.pdf 07-00824 Exhibit 1.pdf 07-00824 Exhibit 2.pdf 07-00824 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be TABLED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0407 Chairman Gonzalez: Fire assessment rate. Vice Chairman Sanchez: Why don't we (UNINTELLIGIBLE) --? Chairman Gonzalez: Was that -- is that -- Mr. Manager? Pedro G. Hernandez (City Manager): It's -- Chairman Gonzalez: The fire assessment rate, that's also drop another -- Mr. Hernandez: This -- Chairman Gonzalez: -- 25 percent, right? Mr. Hernandez: -- it's another reduction of 25 percent. This is actually to the last quarter -- Chairman Gonzalez: OK. Mr. Hernandez: -- because right now we're at 50 percent, then this is 25, and the average is plus or minus in the 16, $17 range for the single-family home. Chairman Gonzalez: I believe that we should approve this as to -- as it is today, and then at budget time, we may have the chance to do some other adjustments -- Mr. Hernandez: You have that opportunity, sir. Chairman Gonzalez: -- because we don't know what to expect with the cut on the taxes and the rollback, and the whole nine yard. Vice Chairman Sanchez: Why don't we bring this up in the afternoon? Commissioner Sarnoff That's fine with me because I think I'm going to speak on this. Vice Chairman Sanchez: All right. Let's -- Chairman Gonzalez: OK, let's defer -- City ofMiami Page 80 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: We'll bring it up in the afternoon. Chairman Gonzalez: Motion to defer and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Solid Waste Assessment will remain at -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Chairman Gonzalez: -- three hundred -- Vice Chairman Sanchez: No, no. Chairman Gonzalez: -- and twenty-five dollars? Ms. Thompson: Chair, Chairman? Vice Chairman Sanchez: Go back. Ms. Thompson: I'm sorry. I didn't hear the mover and your seconder for that deferral of -- mover? Vice Chairman Sanchez: Vice Chairman Sanchez -- Chairman Gonzalez: Commissioner Sanchez -- Vice Chairman Sanchez: -- and Sarnoff. Chairman Gonzalez: -- Commissioner Sarnoff. Ms. Thompson: Thank you. Chairman Gonzalez: You're welcome. Mr. Hernandez: And that will be to 7/26? Commissioner Sarnoff No, no, no. Vice Chairman Sanchez: No, no, no, no, no. Commissioner Sarnoff Just to the afternoon. Chairman Gonzalez: No, afternoon. Vice Chairman Sanchez: Afternoon. Mr. Hernandez: Oh, I'm sorry. Commissioner Sarnoff To the afternoon. Vice Chairman Sanchez: Afternoon. Commissioner Sarnoff It's a table. You have to read her discussion items right here. City ofMiami Page 81 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: Right. Commissioner Sarnoff Tabling means -- "[Later... ]" Vice Chairman Sanchez: Now we go to RE.5. Ms. Thompson: RE.10. Vice Chairman Sanchez: I'm sorry, RE.10. OK. RE.10, I think Commissioner Regalado wanted to be here for the fire fee, so we'll wait for that. Commissioner Spence -Jones: He's here. Oh, Regalado? Vice Chairman Sanchez: Yeah. Well skip that one, RE.10. We did RE.11, correct? Ms. Thompson: Correct. "[Later...]" Chairman Gonzalez: RE.10. Vice Chairman Sanchez: RE.10? Larry Spring (Chief Financial Officer): Fire assessment. Chairman Gonzalez: The fire assessment. Vice Chairman Sanchez: Oh, RE.10. OK, yeah. Chairman Gonzalez: The fire assessment. RE.10, yes, sir. Deputy Fire ChiefMaurice Kemp (Administration): Good afternoon. Maurice Kemp, deputy fire chief. This is the preliminary rate resolution for this year's fire assessment, and as you guys understand, this would be the highest -- this will set the highest rate we could do without going to individual mailings, so we need to do this, and you'll have another opportunity to address this at the budget -- during the budget process for the final adoption or nonadoption. Commissioner Spence -Jones: Chief just real fast. Does this include the nonprofits also? I mean, from the standpoint of fire fee assessments, are nonprofits includes in those fees, too? Deputy Chief Kemp: The only ones that are exempt are government buildings and religious institutions. Commissioner Spence -Jones: Oh, OK. Chairman Gonzalez: All right. IfI understand correctly, we're reducing the fire fee another 25 percent, which will leave the fire fee at $15 a month -- Deputy ChiefKemp: Per residential. Chairman Gonzalez: -- a year, I'm sorry. Deputy ChiefKemp: Per residential household -- City ofMiami Page 82 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: Right. Deputy Chief Kemp: -- consistent with the program that we had in place before. Again, this item is simply setting the cap the Commission can consider, as I think there's been some discussion about before -- Chairman Gonzalez: During the budget. Mr. Spring: -- an elimination. If it passed at that time, this is only appropriating, I think, what, four million and some change in revenue that will go a hundred percent to capital. Chairman Gonzalez: All right. Vice Chairman Sanchez: OK. Chairman Gonzalez: Commissioners. Commissioner Sarnoff Yeah. I think, for purposes of sending a clear message, I know that I will not be including the fire fee in this year's budget, and I think you should send a clear message, and that message is that you will not consider a fire fee this year. By voting for this is nothing more than indicating to the City that there's three million less dollars, where you should be sending a message that we need to locate three million more dollars -- Vice Chairman Sanchez: No, we won't. Commissioner Sarnoff -- than what we're doing today, and I think we need to be consistent and be fair and honest, and if you believe in the fire fee, that's certainly your entitled vote and your choice. I think the fire fee has had a very checkered history. I think its intention -- it was well intended when first thought of. Unfortunately, Chief as you know, so it did not go to the intended purposes for most of its life expectancy, and while I certainly support the Miami Fire Department and support their need for capital improvement, and I will do so in this budget, I do not support separate and independent fire fees for the City residents. Commissioner Spence -Jones: Larry. Vice Chairman Sanchez: No, no. Mr. Spring: May I? Vice Chairman Sanchez: Do you want to go ahead and address that? Go ahead. Mr. Spring: Oh, yeah. The -- a couple of things I want to say. One, regarding the statement that "It has not gone to its intended purpose" -- Commissioner Sarnoff It hasn't. Mr. Spring: -- I would say that it has. Commissioner Sarnoff Oh, you want to go on the record and say that -- are you prepared to go on the record and say, for the life of this fire fee, that it -- Mr. Spring: No. Commissioner Sarnoff -- has gone and supported capital improvement -- City ofMiami Page 83 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Spring: I would -- Commissioner Sarnoff -- projects for the Fire Department? Mr. Spring: -- I don't want to get into the issue because we are under litigation, but you made a statement that it had -- for its entire checkered past, it has not gone to its intended purpose, and I don't know -- I don't think that is a fair statement to make. That's all I'm saying, respectfully, Commissioner Sarnoff. Commissioner Sarnoff Oh, you don't have to say respectfully. It's always intended to be respectful -- Vice Chairman Sanchez: But -- Commissioner Sarnoff -- but I would beg to differ with you, Larry, because the difference is when I went through the political process, less than 25 percent of the fire fee went towards capital improvement projects for a number of years. Julie O. Bru (Deputy City Attorney): Commissioner, ifI may. Commissioner Sarnoff OK. Ms. Bru: Let me remind you that we are still in litigation, and any statements about how the fees were used and where they went, might jeopardize our position in our defense, so I would respectfully request that -- Commissioner Sarnoff Let me unring the bell. Ms. Bru: Thank you. Chairman Gonzalez: All right. Commissioner Regalado: I won't say anything, although I have historical memory, and -- but I think I have a record and I'm not going to break it today, and my record is -- Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: OK. I -- Commissioner Regalado: -- always -- Commissioner Spence -Jones: Oh. Commissioner Regalado: -- no. Commissioner Spence -Jones: OK. Mr. Chairman, I wasn't here, so I wasn't a part of it, in general, but I do need to ask Larry this real fast, and Commissioner Sarnoff has brought up a good point. You know, if we know that this is a issue or a problem or it has been a concern, you know, for us, from a City standpoint and also from a constituent standpoint, why will we continue to include it? I mean, have you calculated this -- these numbers to go towards the overall budget? Are you looking at the issue what's going to happen in Tallahassee? And you're saying that this is perhaps going to assist with some of the shortfalls, or what is your reasoning behind --? And even though it should be maybe to you -- well, I guess it's not really to you, Chief because it's really falling -- City ofMiami Page 84 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Spring: Well -- Commissioner Spence -Jones: -- in that direction, but -- Mr. Spring: -- and forgive me, Commissioner Sanchez, for what I'm about to say. In light of -- and I've had this discussion, I think, with all the Commissioners -- the property tax situation that's going on, I have been clear about making recommendations to this Commission that we do need to be mindful of all of our non ad valorem revenues and the policy decisions that are made surrounding them. We are, in essence, decreasing -- we know we're going to be decreasing our ad valorem revenue. We know we have held the course on our solid waste fee, and even with the recommendation that's being made here on the fire fee, we are again reducing this fee, so I look at it from a financial perspective in that light that the Commission needs to be wary of you know, as we move forward dealing with the non ad valorem pieces of revenue that we do have, because we are going to have a budget shortfall that we're going to have to deal with, and you know, the City, the Manager, all the department directors are committed to cutting, and that's the budgets that are being prepared right now, so that would be my comment regarding the fee. Vice Chairman Sanchez: The solid waste fee. Say it. Mr. Spring: No, no. The fee -- Vice Chairman Sanchez: In general. Mr. Spring: -- non ad valorem fees in general. Vice Chairman Sanchez: In general. Mr. Spring: Not going to focus on -- Vice Chairman Sanchez: Mr. Chairman, ifI can. Look -- Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: -- it's that time of the year. We're all getting ready for the budget. That's one of the biggest responsibilities we have here, and by state law, we got to come up with a balanced budget. I'm very open-minded about doing away with this fire fee. I'm also open-minded about reducing the millage big this year, because I think that the voters ofMiami have a better impact when we're able to reduce the millage, and I would focus and champion fry to reducing this millage by a full mil, which that's around what, 39 million, 49 million? Mr. Spring: Thirty-six, thirty-seven million dollars next year. Vice Chairman Sanchez: Thirty-seven million, so -- Mr. Spring: Yeah. Vice Chairman Sanchez: -- if-- and I'm sure we're going to have a budget workshop, which we need to address all these issues -- Mr. Spring: Right. Vice Chairman Sanchez: -- and of course, this is the only time that we're able to get us all together to address the budget before we have a workshop, and then, you know, we go through the hoops, as I call it, to come out with a balanced budget, but if we do away with the fire fee, City ofMiami Page 85 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 and that's around $4 million, it is our obligation to come up with those $4 million to make sure that we do have good equipment out there, that we do provide them with the proper equipment, and to provide the best possible service for our constituents, because I guarantee you this thing: People out there, when you talk about re -- cutting on their Fire Department or equipment or Police, that's the last thing that they want to do. If you want to do away with the fire fee and it's $4 million and somehow we can make it up in the budget, I could certainly support that, but the issue that I have is that we also need to keep our minds open as to the millage, which I think that we should demand that possibly, we could lower the millage a full mil if we're able to have, you know, all the numbers in line, so -- Mr. Hernandez: Right now -- Vice Chairman Sanchez: -- I know the millage hasn't been discussed. Mr. Hernandez: -- but right now, Commissioner, just for your information, you are. Your millage is coming down one full mil. The present millage is 8.3, and the projected based on the tax reform formulas, is 7.299. Commissioner Sarnoff So (UNINTELLIGIBLE) what you're -- Mr. Hernandez: It's a full mil. Commissioner Sarnoff -- saying is as a result of the Legislature, the Florida -- Tallahassee legislator [sic], by operation of law, we have to reduce it. I'm -- and I hear what Commissioner Sanchez is saying, and the reason I -- let me just say this, and I apologize for interrupting you, Commissioner -- because I don't think -- Vice Chairman Sanchez: I'll yield. Commissioner Sarnoff -- you were done. OK. Is -- I don't think any citizen really cares whether they pay the City ofMiami, they pay the school tax, whether they pay county; it's their tax bill, and they're paying seven, eight, ten, fifteen; some people are paying a lot more than that a year in taxes, and the one thing you can give them that has, I think, irritated them, partly from misinformation and partly from the mismanagement I think by the City in communicating, is the fire fee. They don't want to hear it anymore. They don't want to hear that they're paying for a fire fee. I don't mean that disrespectfully, Chief Kemp. I will find a way to not harm you one iota when it comes time for your capital improvements because money is fungible, and we can find you money whether we take $15 from a citizen, or we bring them back one less mil cap by .25 percent; it'll be found, but I think you've served this Commission well by putting a chapter behind us that has severely tainted the City and leaves a bad taste in many tax payers' mouth when they get to go and pay their tax bill and they see fire fee assessment, so I really stress to everybody behind this dais, money's fungible, whether it's $15 in this area or $10 in this area, and I don't think the people are looking for $15 of tax relief. You could put a couple zeros behind that and you might just start touching what they're looking for, but that's a whole nother discussion for a whole nother day. We're talking about the fire fee. I implore you, having been in the most recent voting election, to you -- for -- of anybody sitting here that that is a touchstone issue that the citizens ofMiami do not want to hear any longer, and as you all go out there this November, at least three of us, you will hear that issue time and time again because it's not understood, it's not resolved. It is something we still contest. Though we came close to resolving it, we did not. I'm not going to go any further. I know Madam City Attorney will bite my head off but it's out there, so I suggest that we close the chapter so there's no future fire fee, and then we work as hard as we can, as we have been doing, and I give the City Attorney a lot of credit for getting us very close, not cross the threshold necessarily, but we're close. I'd stress to everybody up here that you really consider doing away with this fire fee. City ofMiami Page 86 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: Can we let the chief talk before we --? Deputy Chief Kemp: Yeah. I'd like to go on record about the capital needs of the Fire Department. Every penny that we spend for our capital needs, from air conditioning systems, to trucks, to building stations, to buying equipment, whether it's radios or other fire fighting equipment, comes from the fire fee. We have no other means of capital purchases than the fire fee, so if you choose, and it's your prerogative to do away with this fee, the Fire Department needs 4 to $5 million a year, minimally, to do the things that we need to do to stay a top -class organization. Commissioner Sarnoff Chief we give you air conditioning? Deputy Chief Kemp: Once in a while. Commissioner Sarnoff OK, because I mean, you fight fires. What do you need AC (Air Conditioning) for? Chairman Gonzalez: All right, so do we have a motion on the fire assessment or --? Ms. Bru: OK. Commissioner Sarnoff I'm going to move -- Ms. Bru: Mr. Chairman, I just wanted to make sure that we all understand, if we don't adopt this preliminary assessment today, what we're doing is we're foreclosing the opportunity to subsequently, after you go through your budget process -- and in September, when you finally make the determination, we're foreclosing that because we will not be able to send the bill out in the tax bill. We would have to -- if things change and something happens in August and you realize that you need this fee, then you will have to send it a direct mailing. It will cost more money to bill this fee, so this is really just buying yourself some time to think about it, to go through the budget process in August, and then the citizens will receive that trim bill and they'll see there's a fire fee being charged, and they can come here and yell and scream at you during two separate hearings, and then you can react to it, but at least you're leaving yourself the opportunity to consider it in September. Commissioner Spence -Jones: So we -- Commissioner Regalado: What could -- Commissioner Spence -Jones: -- do have --? Commissioner Regalado: -- happen in August that we would like to have the fire fee restore? Ms. Bru: Well, the numbers will be put to the paper, and you'll actually see what's going on, and perhaps -- Commissioner Regalado: No, no, but -- Ms. Bru: -- you'll have a better idea of your funding sources. Commissioner Regalado: -- I just don't want to talk, butt was here from day one, and that was not the intent of the fire fee. I'm just going to say this, because remember -- I remember the first year of the fire fee. You were here. Remember that you guys parade all the trucks in front of City Hall, the new ladder fruck and the new rescue truck? City ofMiami Page 87 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Deputy Chief Kemp: As you say, Commissioner, I've been here the whole time, and I do remember that. I remember when our average truck was 18 years old, when our stations were dilapidated, and all of the changes that have come about has been since we've had this fee, and I do remember where you're going with the statements that it will be a five-year fee, and we looked at every year and phased out after time. Commissioner Regalado: Remember, though, originally, five years. Deputy Chief Kemp: That statement was made. It was also understood that every year the Commission would have the prerogative to reinstate the fee or not, and that's how it has gone. Commissioner Spence -Jones: Commissioner Sarnoff (UNINTELLIGIBLE). I just want to ask you a quick question, because I do agree with you on just even the community's perception, and a lot of times I feel that that's what we fight against the most as Commissioners, you know. People -- the perception of what they're think is hap -- what people think is happening. Is it a -- would you be open to the suggestion made by the City Attorney -- because I want to just be clear -- if it comes back in September, we still have the option to say, you know, wait a minute. We've gone through the budget and we see that there's places that we could pull these dollars from in order to -- because I don't want -- Chief I don't want you to be without having the things you need to have in order to serve the constituents either. You know what I mean? So -- Deputy ChiefKemp: Yes. Commissioner Spence -Jones: -- to me, I think that we would be making a decision on something that we could really hold off on. You know, can we defer this -- can we defer it? No, we can't defer it. Vice Chairman Sanchez: No. Ms. Bru: No. The County requires that we send them this information by the end of the month. That's why we have to vote on this preliminary assessment, and you can make the final determination in September. Commissioner Spence -Jones: So we can vote yes now, and then, in September, say we want to bring it back? Deputy Chief Kemp: It has to come back in September, if you vote yes now. Ms. Bru: It has to. Deputy Chief Kemp: You get another shot at it either way -- Commissioner Spence -Jones: OK. Deputy ChiefKemp: -- and if you vote no now, we can still institute a fire fee, but we would have to do an individual mailing to every property owner in Miami, and that cost $70, 000 in 1998, and also the collection rate would be lower than it would if it were included in the frim bill. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. Move RE. -- Chairman Gonzalez: All right. City ofMiami Page 88 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: --10. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor -- do a roll call -- Vice Chairman Sanchez: Roll call. Chairman Gonzalez: -- Madam City Clerk. Ms. Thompson: I record the mover as Commissioner Sanchez -- Vice Chairman Sanchez: Yes. Ms. Thompson: -- the second as Commissioner Spence Jones. Chairman Gonzalez: That is correct. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, with the understanding that we can come back -- yes, with the understanding that it will come back to us in September for us to make a final decision on it, and that's the only reason why. Ms. Thompson: OK. Moving along. Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: And then Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The resolution has been adopted, 3/2. Deputy Chief Kemp: Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: You're welcome, Chief. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado RE.11 07-00822 RESOLUTION City ofMiami Page 89 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 13, 2007; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00822 Legislation.pdf 07-00822 Exhibit 1.pdf 07-00822 Exhibit 2.pdf 07-00822 Exhibit 3.pdf 07-00822 Exhibit 4.pdf 07-00822 Exhibit 5.pdf 07-00822 Summary Form.pdf 07-00822 Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0395 Chairman Gonzalez: All right. Solid Waste Assessment for fiscal year '07/'08 will remain at $325. Is there a motion on that? Vice Chairman Sanchez: So move. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Larry, don't even get up there. Chairman Gonzalez: Motion carries. Vice Chairman Sanchez: Don't even get up there. RE.12 07-00825 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED MAY 14, 2007, PURSUANT TO INVITATION FOR BIDS NO. 21073, FROM ADVANCED PUBLIC SAFETY, FOR THE PURCHASE AND INSTALLATION OF COMPUTER HARDWARE, SOFTWARE, INTERFACING, PROJECT MANAGEMENT AND MAINTENANCE SERVICES TO PROVIDE POLICE PATROL ENHANCEMENTS, CONSISTING OF ELECTRONIC TICKETING DEVICES AND VOICE RESPONSE FOR MOBILE DIGITAL COMPUTERS, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $1,306,271.33; ALLOCATING FUNDS FROM COPS MORE '98 City ofMiami Page 90 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Votes: RE.13 07-00829 Department of Capital Improvements Program GRANT, ACCOUNT CODE NO. 12000.191602.664000.0000. 07-00825 Legislation.pdf 07-00825 Summary Form.pdf 07-00825 Letter .pdf 07-00825 Approval Form.pdf 07-00825 Tabulation of Bids.pdf 07-00825 Bid Security List.pdf 07-00825 Specs.pdf 07-00825 Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0396 Chairman Gonzalez: RE.12, accepting bid to purchase electronic ticketing devices. Is there a motion on that? That's a very simple one, too -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- that will help the Police Department sustain their cases in court. We have a motion. Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S SECOND OF FIVE OPTIONS TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., PURSUANT TO RESOLUTION NO. 05-0534, ADOPTED SEPTEMBER 8, 2005, TO CONTINUE TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION IMPROVEMENT PROGRAM AS DESCRIBED IN THE WORK PLAN ATTACHED AND INCORPORATED, AS NEEDED FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $4,139,876.71, FOR PRIMARY PROGRAM MANAGEMENT SERVICES; ALLOCATING FUNDS IN THE AMOUNT OF $600,000, FROM THE CURRENT YEAR CAPITAL PROJECT FUNDS AND THE AMOUNT OF $3,539,876.71, FROM A FISCAL YEAR 2007-2008 GENERAL FUND CONTRIBUTION TO CAPITAL PROJECTS. City ofMiami Page 91 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Votes: 07-00829 Legislation.pdf 07-00829 Exhibit 1.pdf 07-00829 Exhibit 2.pdf 07-00829 Exhibit 3.pdf 07-00829 Summary Form.pdf 07-00829 Professional Services Agreement.pdf 07-00829 Scope of Work.pdf 07-00829 Work Order 1.pdf 07-00829 Estimate.pdf 07-00829 Compensation.pdf 07-00829 Wage Rates.pdf 07-00829 Total Compensation.pdf 07-00829 Work Order 2.pdf 07-00829 Proposal.pdf 07-00829 Text File Report 1.pdf 07-00829 Text File Report 2.pdf 07-00829 Text File Report 3.pdf 07-00829 Text File Report 4.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be TABLED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-041 3 MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, directing the City Manager and City Attorney to create legislation that states that all solicitation documents, including RFPs and RFQs, shall be prepared by City employees, with said legislation to be brought back to the Commission meeting currently scheduled for September 13, 2007; further, in the event an outside firm's assistance in crafting said solicitation is required, said firm shall be banned from competing for said contract that it assisted in crafting. Direction by Vice Chairman Sanchez to the City Manager to provide an up-to-date report of all HDR Engineering projects pending in District 2. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado voting no, to provide HDR Engineering with a six-month contract extension, with the option to renew for six months, on a month -by -month basis, at either party's option. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be RECONSIDERED PASSED by the following vote. City ofMiami Page 92 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 07-00829 Department of Capital Improvements Program Votes: WITHDRAWN A motion made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and passed unanimously, withdrawing his previous motion. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S SECOND OF FIVE OPTIONS TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., PURSUANT TO RESOLUTION NO. 05-0534, ADOPTED SEPTEMBER 8, 2005, TO CONTINUE TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION IMPROVEMENT PROGRAM AS DESCRIBED IN THE WORK PLAN ATTACHED AND INCORPORATED, AS NEEDED, FOR A SIX (6) MONTH PERIOD, WITH THE OPTION TO RENEW FOR A ONE (1) MONTH PERIOD, FOR THE NEXT SIX (6) MONTHS, AT THE CITY OF MIAMI'S OPTION, IN AN AMOUNT NOT TO EXCEED $4,139,876.71, FOR PRIMARY PROGRAM MANAGEMENT SERVICES; ALLOCATING FUNDS IN THE AMOUNT OF $600,000, FROM THE CURRENT YEAR CAPITAL PROJECT FUNDS AND THE AMOUNT OF $3,539,876.71, FROM A FISCAL YEAR 2007-2008 GENERAL FUND CONTRIBUTION TO CAPITAL PROJECTS. 07-00829 Legislation.pdf 07-00829 Exhibit 1.pdf 07-00829 Exhibit 2.pdf 07-00829 Exhibit 3.pdf 07-00829 Summary Form.pdf 07-00829 Professional Services Agreement.pdf 07-00829 Scope of Work.pdf 07-00829 Work Order 1.pdf 07-00829 Estimate.pdf 07-00829 Compensation.pdf 07-00829 Wage Rates.pdf 07-00829 Total Compensation.pdf 07-00829 Work Order 2.pdf 07-00829 Proposal.pdf 07-00829 Text File Report 1.pdf 07-00829 Text File Report 2.pdf 07-00829 Text File Report 3.pdf 07-00829 Text File Report 4.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Noes: 2 - Commissioner Sanchez and Regalado R-07-0413 City ofMiami Page 93 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Yeah. Let's bring that one up in the afternoon. Move to table it to this afternoon. Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. "[Later... J" Chairman Gonzalez: Meeting is adjourned. Yes, sir. Commissioner Regalado: Mr. Chairman, so -- because there are several people here. The supplemental agenda will be taken up in the afternoon? Chairman Gonzalez: In the afternoon. Commissioner Regalado: In the afternoon, and for the Capital Improvement -- and since we're going to discuss HDR (Henningson, Durham and Richardson, Inc.), it's -- I read in the paper that Mary Conway was coming to work on Monday. That's what one paper said. Is she -- will she be here this afternoon to discuss the HDR? Pedro G. Hernandez (City Manager): No, sir. It will have to be with the stafffrom CIP (Capital Improvements Program) and myself. Commissioner Regalado: So she's -- Chairman Gonzalez: All right. Commissioner Regalado: -- not coming? Mr. Hernandez: No. Commissioner Regalado: OK. Chairman Gonzalez: Larry. Larry Spring (Chief Financial Officer): Mr. Chairman, if you would, since the folks from Parrot Jungle are here present, can we hear Parrot Jungle as soon as the break is over? That would be RE.26. Chairman Gonzalez: When we come back -- Mr. Spring: The lunch break. Chairman Gonzalez: -- from lunch? Mr. Spring: Yeah. Chairman Gonzalez: Yes. Mr. Spring: Could it be the first item? Thank you. City ofMiami Page 94 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Yeah. Listen, first item in the afternoon we'll take it up. Chairman Gonzalez: All right. Let's stand -- let's break for lunch. We will be back at 2:30. 2:30, fine? Commissioner Regalado: 2:45? Chairman Gonzalez: 2:45. "[Later...]" Chairman Gonzalez: All right. I'm going to take RE.13. Don't want to beat a dead horse too much. Commissioner Sarnoff Which horse is this one? Chairman Gonzalez: Either bury him or -- Commissioner Sarnoff HDR. Chairman Gonzalez: -- resuscitate him. Ola O. Aluko (Director, Capital Improvements Program): Good afternoon, Commissioner. Chairman Gonzalez: Good afternoon. Mr. Aluko: This resolution is to renew the professional service agreement for program management services for our consultant, HDR Engineering. The amount of the contract is in the amount of $4.1 million and change, of course, million dollars. We're asking that the Commission accept this resolution and -- support the resolution so that we can continue program management services in anticipation for our projects that will be outgoing come this September. Chairman Gonzalez: All right. Commissioner Sarnoff Let me make a motion to approve. Chairman Gonzalez: All right. We have a motion. Is there a second? Vice Chairman Sanchez: Discussion. I'll second it for the purpose of discussion. I'll pass the gavel. Chairman Gonzalez: All right. We have a second. Discussion. Vice Chairman Sanchez, you're recognized. Vice Chairman Sanchez: Thank you, Mr. Chairman. I would have to give you a little history on HDR as to going back to 205 [sic] when the CIP (Capital Improvements Program) Department, at that time, brought this to the Commission requesting a vote to approve the package, which was a five-year package. I believe that, at that time, it was totaling 20 millions, and correct me if I'm wrong at any time that I'm moving along here because -- Mr. Aluko: You can round it at 12 million -- 20 million. Vice Chairman Sanchez: -- I had to take notes on this, but it was around the ballpark figure of about 20 million over the years. In 205 [sic], as you know, it was this Commissioner who supported -- through the support of the Commission, and the only Commission [sic] that wasn't City ofMiami Page 95 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 here at that time was Commissioner Sarnoff at that time, but the plan that was backed and asked that HDR package be brought back on a year-to-year basis, because there was some concerns that the Commission had as to some of the projects not going out on time, some of the concerns that we had. We basically broke it down that it would come back every year. Now, in 206 [sic], it came back to us, and this was -- when it came back to us, I think I was the only Commissioner that voted against that, and that was on $6 million for the package that was a one-year in 205 [sic], correct? Mr. Aluko: In year two -- Vice Chairman Sanchez: 206 [sic] was six million plus for the package of HDR. Mr. Aluko: It's possible, Commissioner. The numbers I have here are different from year two -- Vice Chairman Sanchez: Yeah. Mr. Aluko: -- but it is possible. Vice Chairman Sanchez: And I stated it very clear on the record, and it's on the minutes, that I was not satisfied with a lot of the projects in my district for HDR, and as a matter of fact, when I looked back at the records, I even stated that they -- I felt that they were not the last Coca-Cola in the desert, OK Now it's 207 [sic] and the Capital Improvement is back asking us for a second year renewal of the HDR, and the package that's in front of us is $4.1 million and change. Now, you know, this is a department with some serious problems, not to mention some individuals that have gotten indicted and some serious allegations against it. Whether the allegations are frue or not frue, that's irrelevant here. Chairman Gonzalez: But were they part of HDR -- Vice Chairman Sanchez: No, no, no, no. I'm -- Chairman Gonzalez: -- the people that got indicted? Vice Chairman Sanchez: -- just saying -- no, they weren't, but I'm just saying -- Chairman Gonzalez: Oh, OK Vice Chairman Sanchez: -- the Department itself -- I'm focusing on the department itself. Chairman Gonzalez: You got me scared. Vice Chairman Sanchez: No, no. I'm focusing on the department itself Capital Improvement [sic] Project [sic], but I don't know that today. What I do know that it's a department whose integrity and credibility is in question today, so the only thing that I'm asking you is that we need to put a motion in place to restore that credibility and integrity of this department. Now the one thing that I wrote here and the one concern that we always have is that we don't want projects to be completed -- in other words, we want projects to be completed, but we don't want the expense of any procedures that doesn't look a hundred percent transparent and ethical on the issue. Now my directed [sic] to the City Manager is that based on the situation that we're in, and as we look for a way to try to find transparency and restore credibility to a department that needs it, is that I would like to make this recommendations to the City Manager as to create legislation where some of the things that were said, whether they were frue or not true -- our job as legislators is to make sure that we put together a process where what did happen or didn't happen, we try to know does not happen, and this is what I'd like to make -- and this is just a motion to the Administration, which follows to make sure that nothing that ever happens again, which was the City ofMiami Page 96 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 issue of their making accusation that the language was written by somebody else and all that stuff is to make sure that the City Manager works with the City Attorney to create legislation and bring it back to us on the first meeting in September, and basically, the legislation should say that all bid documents, whether it's an RFP (Request for Proposals) or a RFQ (Request For Qualifications) and any other forms of seeking City vendors should be done by in-house City employees only. I'm not saying that there wasn't or it was. I'm just saying that we need to have a process in place where it cannot be challenged. It cannot put us in a position where the media takes off running with something that puts us in a awkward situation, and in the event that -- and basically, the legislation is on the RFQ and RFP, and I want to focus on -- in the event that the former seek -- City vendor should be done in-house by City employees, OK? In the event that the guidance must be thought [sic] for an outside firm, where that firm is already on board as a City consultant or not, the firm that helps craft bid, the RFP, or any other contract document is banned -- and I want that word "banned" in there -- from competing for the very same contract that it helped write. That should alleviate us getting in a situation such as this one, where it's put us all in a very awkward situation, so it's just friendly legislation to make sure that this type of language exists already where we protect the City, we protect your interest -- your integrity, and this legislative body that we seek, so that is the motion that I am directing the City Manager, and I hope that my colleagues were able to understand the legislation that was put forth. Commissioner Sarnoff Let me second Joe -- Commissioner Sanchez's -- I apologize -- motion, and also for point of discussion, can I speak for a moment on that? Vice Chairman Sanchez: You're recognized, sir. Commissioner Sarnoff If everybody would turn to PH 3, and if you would look at the Invitation For Bid, you'll see the City ofMiami logo up top, and you'll happen to see on the very bottom, the Staubach logo that was somehow imprinted on that, so that Invitation For Bid tells me, from my little Sherlock Holmes cap, that Staubach probably wrote the Invitation For Bid, and some City ofMiami employee just didn't take the time to take their letterhead and take it off the Invitation For Bid, so it actually reinforces what Commissioner Sanchez is saying, because now you have a company drafting the Invitation For Bid, and any time you fit clothing to your body, you're likely the person that's going to buy that piece of clothes, so to the City ofMiami employees, to you, Mr. Manager, you put a public document in front of us on an Invitation For Bid, and on the very lower right-hand corner, you're going to see that very company's letterhead. That's not only sloppy, that's, I think, kind of reprehensible. Vice Chairman Sanchez: And justgetting back -- Mr. Hernandez: Commissioner, ifI may, I think this is a little different, if the sense that Staubach is working for us to actually do that specific work, and they're not any of the potential bidders. Commissioner Sarnoff Well -- Mr. Hernandez: They're working for us. Commissioner Sarnoff -- then what's the Invitation For Bid for, if not to go out for a bid process? Laura Billberry (Director, Public Facilities): No. If -- Mr. Hernandez: Yeah, but they're the ones that are going out and promoting bidders for the project. They are not part of the bidding process. They are not an element that could bid on the project. They don't. City ofMiami Page 97 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Billberry: -- but - Commissioner Sarnoff So it is appropriate, in your opinion, then to have them -- their letterhead on the City ofMiami Invitation For Bid? Mr. Hernandez: Lori. Ms. Billberry: IfI may respond. Lori Billberry, Public Facilities. That was part of the original contract with Staubach, where the City did a competitive process and hired them to do the analysis of the Knight Center complex, and if we chose to go forward with a sale of the property, then they would assist in that process. That was a part of their original scope, so what this Invitation For Bid that was on today's agenda that we did defer, that was for the sale of that property, and was part of their original contract. It is, as the Manager was saying, not something that they are going to be participating in the process as in buying the property, but instead, are working with the City to procure buyers -- Commissioner Sarnoff So, it is appropriate, then, in that circumstance, to have the City of Miami logo on the top and the person who drafted the Invitation For Bid on the right-hand corner? Ms. Billberry: -- and it was a joint effort as far as drafting. Commissioner Sarnoff OK, and I stand corrected, and I apologize. Vice Chairman Sanchez: But not -- wait. Let -- so we don't dilute here. We need to focus on this issue. Look, I made it very clear. You know, the allegations that are made, whether they're true or not true, you know, that's -- I don't have all the facts to be able to come to a conclusion. What I'm trying to prevent here is a situation where, at the end of the day, it taints the very integrity that government has towards its people, whether it was written, frue or not true, it still puts us in a very awkward situation, and at times, I think that we need to be proactive to make sure that things like this don't happen, and when you look at it -- I've yet to, having done research, find any type of legislation, in writing, that could prevent us from being in the situation that we're in today. This legislation, very simple legislation, is to have the City Manager work with the Legal Department, and come back with that legislation where it clearly states what we put forth. If you had anything to do -- first of all, no one will write that; we will, and if you had any help from the outside, they are banned from competing in that process, so that's the motion that I put forth. I know it's been second by Commissioner -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- Sarnoff. Mr. Hernandez: Sir, I totally -- Chairman Gonzalez: The motion has been second. Mr. Hernandez: -- agree. Vice Chairman Sanchez: We could vote on the issue, and then we could get back to HDR. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, and I fully support Vice Chairman Sanchez proposal for the future, but the fact of the matter is that today we are voting on $4 million. City ofMiami Page 98 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: But, Commission [sic], before we complicate the issue, could we vote on this legislation, and then -- because you're going to get to HDR and I don't want to get lost in this. Could we vote on the issue? Mr. Chairman, could you call the question on that? Commissioner Regalado: I -- Chairman Gonzalez: All right. Commissioner Regalado: -- don't have a problem. I don't want to complicate. I want to clarify, which is totally opposite of complicating -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- but I'm willing to vote. Commissioner Spence -Jones: But -- Chairman Gonzalez: All right. All -- Commissioner Spence -Jones: -- Commissioner -- Chairman Gonzalez: -- in favor -- Commissioner Spence -Jones: -- Mr. Chairman, I have the same -- I definitely have some issues and concerns. I just came back out to make sure I put those on the record, so you are -- you want us to just vote? I mean, I would like to be able to at least express -- Chairman Gonzalez: No, no, no. Everybody has the right to -- Commissioner Spence -Jones: I mean, I'm frying to understand -- Chairman Gonzalez: -- express themselves. Commissioner Spence -Jones: -- so the reason why -- Chairman Gonzalez: This is a democracy. Commissioner Regalado: But he wants to vote on the -- Commissioner Sarnoff On his motion. Priscilla A. Thompson (City Clerk): Motion. Chairman Gonzalez: Yeah. Commissioner Sarnoff Right. Commissioner Regalado: -- motion. It's fine by me, because we are not voting on -- Commissioner Sarnoff HDR, right. Commissioner Regalado: -- HDR. Commissioner Sarnoff Right. City ofMiami Page 99 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Thompson: Right. Commissioner Sarnoff He made it -- Commissioner Regalado: We're voting on his motion, which is fine by me -- Vice Chairman Sanchez: Well -- Commissioner Regalado: -- but need them -- Vice Chairman Sanchez: -- let -- Commissioner Regalado: -- to -- Vice Chairman Sanchez: -- me read it into -- Commissioner Regalado: -- make a comment. Vice Chairman Sanchez: -- the record because Commissioner Spence -Jones wasn't here. Michelle -- Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: -- this is the motion that I'm making, and I'm asking that the City Manager work with the City Attorney to create legislation and bring it back to us on first reading in September. Basically -- we basically are asking the legislation to say that all bid documents, RFPs, RFQs, and all other forms of seeking City vendors should be done only by in-house City employees. In the event that guidance must be thought [sic] from an outside firm, whether that firm is already on board as a City consultant or not, the firm that helps craft bid, the RFP, and any other contract document, is banned from competing for the very same contract that it helped write, and that -- Chairman Gonzalez: All right -- Vice Chairman Sanchez: -- was the motion. Chairman Gonzalez: -- and that legislation had a motion -- Commissioner Sarnoff Andl second the ore tenus motion. Chairman Gonzalez: -- and it had a second. All in favor of the motion -- Vice Chairman Sanchez: Madam Clerk. Chairman Gonzalez: I beg your pardon? Ms. Thompson: I just want to be clear, make sure your record is correct. What you're voting on is the motion that you just -- Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: -- stated -- Commissioner Spence -Jones: Right. City ofMiami Page 100 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: On the motion of -- Commissioner Spence -Jones: Not this item. Ms. Thompson: -- not the legislation? Chairman Gonzalez: -- Commissioner Sanchez, yes. Commissioner Regalado: Right, right, right. Ms. Thompson: Right. Not the legislation? Commissioner Regalado: Right. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion -- Vice Chairman Sanchez: HDR. Chairman Gonzalez: -- carries. Commissioner Regalado: OK. Chairman Gonzalez: All right. Back -- Commissioner Regalado: Now back -- Chairman Gonzalez: -- to HDR. Commissioner Regalado: -- to the present. Now that we've fixed the future, we come back to the present. Today we're voting on $4 million for company HDR. In the mind of everyone here is the fact that the process have been questioned; there have been articles; there is a -- sort of a statement by HDR Engineering saying basically that HDR was properly hired by the City and did nothing inappropriate in the procurement process. We has a statement by City employee, and we are voting on expanding that same contract that has been in question, so the best thing will be first to clear the air. I think we should hear from HDR. I think we should hear from Mary Conway, who is in the back. I mean, she's on leave, but she's sitting on the back, and has been all day there, because she's the one that guided this contract. Because if we don't clear the air now, two things can happen, you know. We may say we don't want to extend that contract because of been question, and we resolve the future already, and then we have a situation with the projects, or we can say no discussions; let's move on; approve the extension, and then we have a situation in where people would think, well, you know, these people don't get it. I mean, they -- have been allegations, and they keep pouring, pouring money, so -- Chairman Gonzalez: Anybody -- Commissioner Regalado: -- in order to clarify what really happened and to fry to clear the record, I think that we should be told. I mean, if it's nothing wrong, it's nothing wrong with hearing either from Ms. Conway, who is sitting in the back, by the way -- Chairman Gonzalez: -- but -- City ofMiami Page 101 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: -- supposed to be on the leave, but she's here. Chairman Gonzalez: All right. Is anybody here from HDR that wants to clear the air and clear the record and clear the allegations of the newspaper in town? Mr. Aluko: Yes, I do have our HDR lead program manager here -- Chairman Gonzalez: All right. Mr. Aluko: -- today. Neal Poteet: Neal Poteet, vice president with HDR Engineering and program manager for the - Chairman Gonzalez: Good afternoon, Neal. Mr. Poteet: -- CIP program. Thank you, Commissioner. First of all, let me be the one that reassures each and every one of you that HDR Engineering had absolutely nothing to do with the writing of this RFP or the contract that was associated with the RFP. We were asked to provide information to Diane Johnson's department, to give samples and examples of other projects and other programs that we've done nationwide for her to be able to call information out of. Ultimately, from what I can recall -- as a matter of fact, as they say, the proof is in the pudding. You can look at the information that we gave, the information that URS (United Research Services) gave, the information that ConsulTech gave compared to the RFP and the contract that was out on the street, and you'll find a vast difference. My recall is, from that time period, that Diane Johnson utilized the Beach's contract for program management services. Chairman Gonzalez: Any question from any of the Commissioners to -- Commissioner Spence -Jones: Yes -- Chairman Gonzalez: -- Mr. Neal Poteet? Mr. Poteet: IfI could -- Commissioner Spence -Jones: -- I do. Mr. Poteet: -- add, Commissioner? There's also a statement out now that Diane Johnson has made. She was the procurement officer for CIP at the time, and she states pretty much those same things. Commissioner Spence -Jones: OK. Mr. Chairman, thank you. The only thing that I do want to say that I'm glad that Neal has put on the record that there was, to my understanding -- and you can correct me, Ola, Mr. Manager -- that there were three other businesses or organizations or companies that were also asked the same type of questions and put -- in order to pull the RFP together, which I'm glad that there's some clarity on that, and I'm sure we all received a e-mail (electronic) from Ms. Conway stating that, and I appreciate that clarification, because in reading a story -- everything you read is not always real, so -- Chairman Gonzalez: That's right. Commissioner Spence -Jones: -- it was very important -- and we all know that sitting up here, that there're lot of things that reporter -- that all the information does not get reported, and it creates, you know, chaos, so I thank you for at least clearing that up. I was waiting for someone to say that somehow this afternoon or this morning, so I'm glad that at least that is clear. My City ofMiami Page 102 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 issue -- I don't want to get involved in a personnel issue, so I do know that my colleague is -- has stated a couple of times that Mary Conway is here, and she is in the building, and I do want to at least respect the City Manager's decision as to why she is not present in this actual hearing, so I'm going to respect that that is your decision, but I do want to have -- I do have some very pointed things, Neal, that I would like to say to HDR, and it's the same -- Commissioner Regalado: Commissioner, Commissioner? Commissioner Spence -Jones: Sure. Commissioner Regalado: Can I just say something? At no moment I have fry to opine on personal [sic] matter. IfMary Conway is hire or fire, on leave, or whatever, that's the Manager's -- my point has been that she was the center of this controversy, and sometimes it's very easy to shoot the messenger and say, well, what was published is nothing, but you know, then -- are you guys going to sue that paper? Mr. Poteet: It's not our intention to sue the paper, no, sir. Commissioner Regalado: Well, then -- Mr. Poteet: We would certainly like to keep our name clean, but I don't think a suit -- Commissioner Regalado: No. Right, right -- Mr. Poteet: -- is necessary. Commissioner Regalado: -- but what I'm saying is some work was done, and the only thing I ask is to have Mary Conway, who is the former, or acting, or I don't know what -- Chairman Gonzalez: Mr. Manager, may I ask a question? Commissioner Regalado: -- CIP director to just come and say, you know, clarify the situation. That's all that there is to it, because what we are voting is on extending a contract, the same contract that has been question, and that's all that there is to it. I've read your thing, and I -- my understanding is that there may be a different version of some of the things that were public and some of the things that were published also, butt have -- do seen e-mails that are part of the public records and are part ofwhat the paper gather that would make people think that something happen as to the effect ofwhat the paper said, so -- Chairman Gonzalez: Mr. Manager -- Commissioner Spence -Jones: Mr. Chairman, I just want to finish what I was -- Chairman Gonzalez: -- let me see ifI can help the situation, because otherwise, we will be going in circles until tomorrow morning. Is Mary Conway, Mrs. Mary Conway, under any gag order from the Administration? Mr. Hernandez: Is not under a gag order. Chairman Gonzalez: OK. Is she present at the -- Mr. Hernandez: I don't know, sir. Chairman Gonzalez: -- in the building? Pardon me? City ofMiami Page 103 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: I do not know, because I haven't seen -- Chairman Gonzalez: OK. She was -- Mr. Hernandez: -- her. Chairman Gonzalez: -- her this morning. She was here this morning. If it is the will -- is she still an employee of the City ofMiami? Mr. Hernandez: Yes, today, she is. Chairman Gonzalez: OK. Madam City Attorney, I have a question for you. It's a legal question, because I don't want to trespass any lines and end up, myself on the front page of all the newspapers in here with a million allegations. Does this Commission have the power to subpoena City employees to testify before the Commission on an item? Ms. Bru: Yes, you do. Chairman Gonzalez: All right. Mr. Manager, what I suggest that you do -- because we have a Commissioner here that is insisting on listening from Mary Conway, so we need to produce Mary Conway and have Mary Conway answer the questions. I mean, what are we frying to hide? Mr. Neal Poteet has stood at the podium and said his fruth and his version of the issue, you know, and now we're frying -- you know, we are like we're trying to cover up some dilemma. Let's bring the lady; put her on the podium. Commissioner Spence -Jones: And I just want to make sure, before you answer your thing -- because your -- the -- you answer the Chairman on this issue. I definitely don't have an issue with Mary Conway or any employees coming in bringing any comments to the City Commission. I just want to make sure, in the midst of that, that that applies for everyone across-the-board -- Commissioner Sarnoff Huh? Commissioner Spence -Jones: -- so -- Vice Chairman Sanchez: Huh? Commissioner Spence -Jones: -- period, not just on this issue, but when there are other City employees that have issues or concerns about certain things that are being brought up, that that applies to them also because -- Commissioner Sarnoff What applies? Commissioner Spence -Jones: -- quite frankly, Mr. Chairman -- Chairman Gonzalez: I don't know. Commissioner Spence -Jones: -- there's been several occasions that I've been forewarned on issues where it's been stated to me, "Commissioner, that is not your role and that is not your responsibility; that that is a -- the role of the City Manager, and we have no right to have any say in that, " so -- Commissioner Sarnoff Wait, wait. We're investigating a -- Commissioner Spence -Jones: Well, there -- City ofMiami Page 104 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff -- an allegation -- Commissioner Spence -Jones: -- right, and I'm -- what I'm simply saying -- Commissioner Sarnoff We're not -- Commissioner Spence -Jones: -- there are several -- Mr. -- Commissioner Sarnoff, there are several other instances, and I'm sure the Manager knows exactly what I'm talking about; that's been communicated to me that we cannot do that, so I'm glad to hear that that is not the case. Commissioner Regalado: No, no -- Chairman Gonzalez: That's -- Commissioner Regalado: -- no, no, no, but -- Chairman Gonzalez: -- why -- Commissioner Regalado: -- we're not doing this -- Commissioner Sarnoff Right. Commissioner Regalado: -- Mr. Chairman, ifI -- we're not doing -- Chairman Gonzalez: But let me clear the record. Commissioner Regalado: -- but Chairman Gonzalez: That's why I went -- Commissioner Sarnoff To the City Attorney. Chairman Gonzalez: -- through the City Attorney -- Commissioner Regalado: No, no, no -- Chairman Gonzalez: -- OK? Commissioner Regalado: -- but it's totally different. See, what I'm asking is to protect the City Commission and the City Manager and the integrity of the City. There were two names mentioned in an article. It wasn't an anonymous press release that went by fax to us. It was an established media outlet that publish some things that were public record. HDR just came and say their piece, so the other person that was part of that article is Ms. Conway. It's not about City employee or powers of the Manager. It's about investigating so we can feel comfortable voting for $4 million in extension of a contract. That's all that there is to this. This is to protect this Board, the Administration, and the integrity of the City -- I mean, you know, thank you very much. I mean, I read your statement. I heard you, but I just want to understand the other side of the coin, and that's it, end of story. It's -- I don't see what is the problem here. This is not a huge thing. This is not a Watergate -style hearing. This is just paper has publish something, two names have been written on the paper. Allegations have even trigger a motion by the Vice Chairman, for the future, to stop that practice, so what is the problem here? Commissioner Spence -Jones: Let -- Commissioner Regalado, again, I want to make sure -- because this is all stemming from me and my comments, and again, I definitely don't have a -- any problem with Mary Conway coming to the podium to make any statements or having any City ofMiami Page 105 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 clarification. I stated that in the beginning of my discussion. I simply said that just to clarify, in speaking to the City Manager, I wanted to respect the fact on how he decided to handle his employee, so if that -- if the City Attorney is saying that that is not an issue, that the Board, itself has the ability to subpoena or have that person come out to speak on it, I don't have an -- Commissioner Sarnoff Let's do it, let's do it, let's do it. Commissioner Spence -Jones: -- issue with that. I'm just simply -- my statement was -- Chairman Gonzalez: Let's do it. Commissioner Sarnoff Let's do it. Commissioner Spence -Jones: -- you know, there are several articles that are ran in the paper on several individuals that are City employees, and I just want to be very clear that they have the right to do the same thing. That was my statement. Commissioner Sarnoff Well -- Chairman Gonzalez: Thank you. Commissioner Sarnoff -- but -- Chairman Gonzalez: Thank you, Commissioner. Mr. Manager, where do we stand? Is Mrs. Conway still in the building? Is she a City employee? Was she fire? What's the status? Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: Because if she's no longer a City employee, we have no right to ask her to come to this chamber and to testify. I mean -- Mr. Hernandez: Mr. Chairman, I said that today she's a City employee, and it's up to your prerogative; if you want her to testify, and if she's in the building -- Commissioner Sarnoff So let's just -- Mr. Hernandez: -- she will. Commissioner Sarnoff -- get her up here. Chairman Gonzalez: All right. I'm being told that we need three votes to request the presence of Mrs. Conway here before the City Commission. Ms. Bru: Let me -- Commissioner Spence -Jones: Three votes? Ms. Bru: -- clarify something for the record, so there's no confusion and there's no violation of any Charter provision. Chairman Gonzalez: Right. Ms. Bru: You have two distinct Charter provisions at play here. You have the one provision that describes the form of government under which you operate, which really and truly delegates to the Manager the complete authority over the workforce, so that this Commission cannot direct or City ofMiami Page 106 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 give an order to a subordinate of the Manager. However, there is one exception to that, and the exception is found in another Charter provision that gives this Board the authority to investigate the conduct of any department or employee or the transactions of any employee or department. Within that provision, you have the authority to issue a subpoena, which has to be signed by the presiding officer, served by a police officer, and you can compel the attendance of any witness, including City employees. Commissioner Sarnoff Well, with that being said, District 2, before it votes for $4.1 million, would like to hear from the person whose allegations have been made that disparates the very process. Ms. Bru: Right, so you would -- Commissioner Sarnoff Do I have a second to that? Ms. Bru: -- so -- Commissioner Sarnoff And that needs to be by motion? Chairman Gonzalez: And I believe -- Vice Chairman Sanchez: Second. Commissioner Sarnoff -- by motion? Chairman Gonzalez: -- let me correct the record. I believe that I went through the City Manager to request the presence ofMs. Conway here -- Ms. Bru: You can do that. Chairman Gonzalez: -- was that correct? Ms. Bru: The Manager answers to you. You request the Manager -- Chairman Gonzalez: I asked -- Ms. Bru: -- something, but if -- Chairman Gonzalez: -- the City Manager --I didn't ask Ms. Conway to come here. I asked the City Manager to produce Mrs. Mary Conway before the podium so we can ask the questions that we have to ask, so I'm trying to make sure that I'm doing everything according to the law, so -- Commissioner Spence -Jones: Are you comfortable with that, Pete? Chairman Gonzalez: -- so -- Commissioner Spence -Jones: That's -- Mr. Hernandez: I'll follow your directions. Vice Chairman Sanchez: Listen -- Chairman Gonzalez: OK, so what are we going to do? We're going to defer this until the next - City ofMiami Page 107 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff No, no, no, no, no. Is Mary Conway in this building? I mean, if she is, she should come to the podium. Chairman Gonzalez: She was here a while ago. Vice Chairman Sanchez: We should give -- Commissioner Sarnoff I think she's in the back. Vice Chairman Sanchez: -- her an opportunity -- Commissioner Regalado: I mean, this is -- Chairman Gonzalez: She's in back? OK -- Vice Chairman Sanchez: -- to clear it with -- Chairman Gonzalez: -- so what is the problem? Vice Chairman Sanchez: -- to clear her name -- Commissioner Regalado: This is -- Commissioner Sarnoff We could either do it -- Vice Chairman Sanchez: --from these allegations. Commissioner Sarnoff -- by motion with a subpoena, or we could have the City Manager voluntarily -- Commissioner Regalado: Yeah. We got -- Commissioner Sarnoff -- produce her. Mr. Hernandez: I -- Commissioner Regalado: -- two sworn police officers here. I mean -- Commissioner Sarnoff Right. Mr. Hernandez: -- just -- Commissioner Regalado: -- right now. They can -- the -- Mr. Hernandez: Mr. Chairman. Commissioner Regalado: -- presiding officer is Chairman Gonzalez. He can sign a paper, but this is getting like Elvis is in the building or something, you know. Chairman Gonzalez: Mr. Manager, you're -- Mr. Hernandez: Mr. Chairman -- Chairman Gonzalez: -- recognized. City ofMiami Page 108 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: -- I just ask staff to go and find Ms. Conway -- Chairman Gonzalez: Very good. Thank you, sir. Mr. Hernandez: -- and to bring her in. Vice Chairman Sanchez: All right. Chairman Gonzalez: Thank you for your cooperation. Mr. Poteet: Mr. Chairman -- Chairman Gonzalez: All right, so let's -- yes, sir. Mr. Poteet: -- before I sit down, I'd like to just offer a personal note, ifI might. During the time of the writing of the RFP, I think that not only did the staff in the CIP Department, but also I think my staff conducted themselves properly, and I'll tell you one anecdote. Diane Johnson, the procurement officer at the time for CIP, we worked together with her on a daily basis on many procurement documents for many projects within the CIP Department, and on every occasion when I would enter her office and she was working on the RFP or the contract, she would minimize her screen so I could not see any of the contents of that screen. That's how careful this business was conducted. Thank you very much. Chairman Gonzalez: Thank you, sir. Commissioner Spence -Jones: While Mary Conway, Mr. Chairman, comes to -- can I just -- I didn't -- it was really me that was asking you the questions, so I really wanted to at least be able to put my statements on the record. As you know, Neal, I've had a lot of concerns with the HDR contract. You have been outstanding, and I have to say any of those concerns that I've had, you've corrected them, and you've made sure that the folks that are supposed to be doing their jobs have done their jobs, so by all means, I'm not taking anything away from you. Mr. Poteet: Thank you. Commissioner Spence -Jones: I just really wanted to make sure that I put on the record -- and I stated this to Ola the last time regarding the overall agreement. It was stated to me that because of the long period or the long process in which it takes to actually put an RFP out, that it would take at least six to almost -- six months -- Mr. Aluko: Six to ten months. Commissioner Spence -Jones: -- at least, six to seven months to actually get a new person in, if we were considering that, correct, Ola? Mr. Aluko: Actually, a little longer; six to ten months. Commissioner Spence -Jones: Six to ten months, and I think that what was communicated to me in my briefing was the reason why we were not reconsidering putting it back out was because of all of the projects that we have coming up during the second series of the bonds, correct? Mr. Aluko: That's correct. Commissioner Spence -Jones: So even if we had an issue at this point, the Administration is saying, or at least, was advising us as we got briefed, that it would not make -- it really doesn't make a lot of sense at this point to really change anything, but it was communicated in the meeting that perhaps there's some sort of provision put in for -- and you just correct me ifI'm City ofMiami Page 109 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 wrong -- a six-month period of time where we would leave it open, so that we could, if we wanted to put it back out to bid, we could, correct? Mr. Aluko: If that was the Commissioner's choice, yes, we could -- we can implement that. Commissioner Spence -Jones: OK. Can you just make sure the Commissioners understand that, so just in case we do get -- we go ahead and support it happening today, that there's some sort of option put in there because I'm -- I want you to express your concerns you have with the agreement, too. You have to tell them -- you have to tell the Commissioners if you have concerns with the overall contract and agreement, because they need to hear it fi^om you, too. Mr. Aluko: Well -- Mr. Manager. Mr. Hernandez: Commissioner, if you allow me to -- Commissioner Spence -Jones: Sure. Mr. Hernandez: -- step in. The HDR contract -- I think the Commission wisely established that it be looked at every year -- Commissioner Spence -Jones: Oh, yeah. Mr. Hernandez: -- we are looking at the third option. Two years ago, it was -- Chairman Gonzalez: That's right. Mr. Hernandez: -- 6 million for the primary services; last year it was 5 million; this year it's 4.1 million. I have to point that out because it's being decreasing like a million per year, over the last three years. Today, my recommendation to you would be that, yes, I want to go forward with a new competitive process for a program manager for the City. Commissioner Spence -Jones: OK. Mr. Hernandez: However, I would also recommend that you approve this item -- this is for one year -- Commissioner Spence -Jones: Yes. Mr. Hernandez: -- because the process itself to go through a clean, transparent delivery of the process may be six, seven months, eight months, plus or minus -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- and right now, Mr. Poteet and the forces that he's got at HDR, are performing well for the City. We have many projects going on, and I would hate to have that be interrupted today. Ifyou told me you want to deny this item today, what I would have to do is to look for other consultants the City may have under contract -- Commissioner Spence -Jones: Yes. Mr. Hernandez: -- put together a new team, it would be a no -bid kind of thing, because it would be sort of put together under an emergency type of waiver, that I don't want to do. Commissioner Spence -Jones: Yeah. City ofMiami Page 110 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: I want to go through a clean process. They're doing a good job today. I want to keep them for the next year. Allow me to start the process. I mean, if -- and bring it to you, and that's the -- I think is the right approach -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- because there's -- Chairman Gonzalez: Fine. Mr. Hernandez: -- a lot at stake; there's a lot of projects that are underway right now that I believe would be harm ifI lose Neal and his 17 other individuals. Commissioner Spence -Jones: And Mr. Manager, that -- the reason why not only just for us sitting up here on the dais, I think it's important for the people that are watching for them to understand, because when they read these type of articles, and they see us vote on a item, and they know that -- or they don't have the full story, or whatever the case may be, the assumption is why is the City Commission voting on this if they know that this -- Mr. Hernandez: I -- Commissioner Spence -Jones: -- particular company has created all these issues? Mr. Hernandez: -- hope that it'll -- Commissioner Spence -Jones: So I think that it's important for people to understand, you know, that are looking at it, or that are sitting here in the audience, for them to understand that if we don't vote on it, we're talking about losing possibility -- the possibility of time that would stop all of our projects in our district. I just would want to make sure -- and as I spoke to Ola in my briefing -- that there's certain things that are put in place to make sure that these same projects that we were talking about earlier, like Little Haiti Park, or the pool, and all these things that needed to be overseen by the consultant -- remember the consultant that we voted on earlier? Well, HDR is actually the group that's responsible for the consultants -- Aluko: That's correct. Commissioner Spence -Jones: -- so then the question becomes, if the consultants are not doing what they have to do, then I'm happy to say to HDR why are you not on top of making sure the consultants are doing what they have to do? So my point is, you know, I don't have a problem with supporting the item, only because the Administration is telling me that ifI don't, then Little Haiti Park probably won't get completed, or whatever projects that we have, it will take a lot longer to get them completed. That's the only reason I would be supporting it at this juncture, but I am saying to you, as the director of the department, that we put some more measures in place to make sure that HDR make sure that these consultants that are responsible for overseeing these projects are actually doing their job, because the reality is the buck stops with them. That's what we pay them to do. Mr. Poteet: Right. Mr. Aluko: That's correct. Commissioner Spence -Jones: That's my point. Mr. Poteet: Mr. Chairman, could I answer one of the questions -- City ofMiami Page 111 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Chairman Gonzalez: I -- Mr. Poteet: -- that the Commissioner had? Chairman Gonzalez: -- before you do that, I just want to vouch on what the Manager said, what Commissioner Spence -Jones said. If -- I have about five or six projects going on in my district that are half -way completed; some of them are 80 percent completed. Every time I have a problem with one of my projects, the people that reach out to and the people that give me the answers and give me the support is the people from HDR; Mr. Neal Poteet, Mr. Ed Herald, Mr. Paso, you know, because ifI fried to talk to the contractors, ifI tried to talk to the people on the field, I get no answers; I would be totally lost, so you know, and I also have to tell you that whenever I have any kind of problems in any of my projects, Mr. Neal Poteet goes there, himself with his staff but he goes there himself and you know something that like? That he goes, put his feet on the mark, as I do, you know, walk inside the projects, get his pants dirty to make sure that we rectify the problems that we have out there. That's all I have to say in reference to HDR. Mr. Poteet: Thank you, sir. Chairman Gonzalez: Yes, sir. I'm sorry for interrupting you. Mr. Poteet: Commissioner Jones [sic], ifI could comment on one issue that you mentioned. I agree with you, and we take full and total responsibility for the projects from the CEO (Chief Executive Officer) perspective, the contract that you passed earlier today -- Commissioner Spence -Jones: Yes. Mr. Poteet: -- and one of the reasons why there were nine instead of fourteen that we had originally is because of that issue right there. That's our accountability factor. That's where we go with your staff and with the Manager's staff and we say, we see some issues; we see consultants that are not performing; here's what we're recommending, so that's why -- Commissioner Spence -Jones: So that's how -- Mr. Poteet: -- we have less. Commissioner Spence -Jones: -- we were able to get from -- reduce the number on that? Mr. Poteet: Exactly. Commissioner Spence -Jones: OK. Thank you, Neal. Once again, I appreciate -- you do -- Gonzalez is correct; if we call you, you're there. Chairman Gonzalez: All right. Mr. Poteet: Thank you. Chairman Gonzalez: Let's discover the mystery. Do I need to go back there in the COW (Committee of the Whole) Room and find out ifMary Conway --? Could we have the sergeant at arms do a search of the building -- Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: -- to see if we can find the lady in the building? I mean, you know, this is turning out to be ridiculous. City ofMiami Page 112 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: I think Pete has a comment, right? Mr. Hernandez: Mr. Chairman, Mary went home. Chairman Gonzalez: Mary went home. Commissioner Regalado: Mary have left the building. Chairman Gonzalez: All right. Let's do something. Let's -- Commissioner Regalado: But you know what? It's sad that the -- that we are put this -- through this comedy, and we should defer this to the next Commission meeting so we can clarify it, because no one is questioning the work that HDR is doing, but -- Vice Chairman Sanchez: Well, we're not questioning them, but some people aren't satisfied with their job. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: I'm one of them. Commissioner Spence -Jones: Yeah, me, too, but I mean -- Commissioner Regalado: No, no, no, no, no -- Commissioner Spence -Jones: -- on certain issues. Vice Chairman Sanchez: All right. Commissioner Regalado: -- but what I'm saying is -- what I'm hearing here is that the Chairman goes there, gets information from them that you need -- the Manager is doing a new bid, but they need the company to follow up on the projects 85 percent. That's all fine and perfect, so the issue here is not to question, at least on my part, the kind of work that they do. The issue here is that you are putting us in a position to vote for a process that has been questioned; that have been half explained, and you just think that we need to vote because we got to finish the project, we got to finish the project, but there is the issue of accountability to the people ofMiami, and we just need to clear the air. If you don't want to do it, fine. We should defer this to the next Commission meeting, and that's all that there is to it. No projects is going to be stop because we are deferring this, and I can assure you that this is the case. It's not that we are going to fire HDR or anything, but I'm telling you that unless -- in my case. I mean, I'm only one vote, but -- we are given a full explanation, in public, because the public do deserves to know. This is public money, not in private, so -- Chairman Gonzalez: All right. Do we --? Commissioner Sarnoff Can I -- Mr. Chairman, can I make a recommendation as opposed -- Chairman Gonzalez: Yes. Commissioner Sarnoff -- to --? I would like to get to the bottom of this as well, but I also want to take the Manager at his word, and I don't want to take the risk of anybody's project being delayed. Could we amend the motion -- the resolution and give them a six-month extension and a month -to -month thereafter so that at least we cannot bear the expense of a no -bid situation. I don't want to put him in a no -bid situation where he has to confront the media then, and say, oh, Mr. No -Bid Contract Yourself. It's not fair to the Manager. It's not fair to any of us to let us our City ofMiami Page 113 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 projects delay, especially three of us in an election year, and the six months will not be, I think, unduly burdensome to anyone because we'll be visiting this come November, anyways. Chairman Gonzalez: Right. Commissioner Sarnoff December. No. Chairman Gonzalez: All right. There is a motion. Is there a second? There is no second to the motion. Commissioner Spence -Jones: Wait, wait, wait. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: A motion to defer -- let's bury the horse because we're beating the horse -- you know, he's dead already, so let's bury him. Commissioner Spence -Jones: Mr. Chairman, I just want to be very clear with -- from Commissioner Sarnoffs viewpoints. Are you saying let's support it with a six month --? Commissioner Sarnoff Right. Instead ofgiving them a one-year extension, let's give them a six-month extension -- Commissioner Spence -Jones: And if -- Commissioner Sarnoff -- with a month -to -month contract -- Commissioner Spence -Jones: Yes. Commissioner Sarnoff -- thereafter. Commissioner Spence -Jones: What -- Commissioner Sarnoff This way, nobody's projects get -- Commissioner Spence -Jones: You have -- OK Can you introduce that again, please? Commissioner Sarnoff Sure. I propose and move that we extend the HDR Engineering contract, modifying Resolution 05-0534, instead ofgiving them a one-year period, give them a six-month period, with one -month options for the next six months. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Discussion. Mr. Hernandez: Except -- Chairman Gonzalez: All right. We have a motion, and we have a second. Vice Chairman Sanchez: Discussion. Chairman Gonzalez: Before we discuss the item, we need to ask HDR if -- City ofMiami Page 114 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: If they would accept that? Chairman Gonzalez: -- they agree to the terms, because they may not be interested? Commissioner Spence -Jones: Neal, do you accept? Chairman Gonzalez: Mr. Poteet -- Mr. Hernandez: He would agree to the terms. Chairman Gonzalez: -- can HDR -- Mr. Poteet: Yes, sir. Chairman Gonzalez: -- perform on the conditions established by Commissioner Sarnoff, a one-year renewal, but six months, and then in a month -to -month basis for the next six months? Mr. Poteet: Thanks for the opportunity to answer that question. I think, on behalf of my company, I graciously accept, because we're very interested in furthering the program. On behalf of my team, I'm not happy about it. We have some people that are very dedicated -- all of our people are very dedicated to your city and to this program and to furthering the projects, and I think it's kind of tough when you get to a point where you say, I have a job from month -to month, so I certainly appreciate it from a corporate perspective, but from a personal perspective and from the team that I'm responsible to and for, I wish we could go ahead with the year, butl understand the reasoning, sir. Commissioner Sarnoff But you know, I'm just merely offering you a half a loaf of bread as opposed to the loaf that you may not get -- Commissioner Spence -Jones: And I think -- Mr. Poteet: This way, we still get to eat, correct? Commissioner Sarnoff Right. Vice Chairman Sanchez: Discussion. Commissioner Spence -Jones: -- we just need a little bit more time, too, Neal, for some of this stuff to pass over so that we can deal with it. I think that's probably what Commissioner Sarnoff is trying to -- Mr. Poteet: So we can accept. Commissioner Spence -Jones: -- communicate. Commissioner Regalado: Can I ask you something, Neal? And I do want to thank you, too, because you have been to my office and especially in one single address, you resolve a problem, although, as you know, that project is -- it's a history of horror, the one on 64, but do you like will cease to supervise if we were to discuss this in two weeks or three weeks? Mr. Poteet: The only problem we have, contractually, is is our contract runs out. We run out of contract period the end ofJuly, so you know, from a corporate perspective, we need that reassurance that we're going to be in good shape. Commissioner Regalado: The end ofJuly? City ofMiami Page 115 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Poteet: The end ofJuly, that's correct. Commissioner Regalado: July 31 ? Mr. Poteet: Exactly. Commissioner Regalado: We have a meeting. Chairman Gonzalez: All right. We have a motion. We have a -- Vice Chairman Sanchez: I -- Chairman Gonzalez: -- second. Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: I've been very patient on this, and now, since we're on HDR and we could address the issue, I have never questioned the dedication. The service, I'll question, and I'll just take one project out of my district, which has been a nightmare for us, OK, and that has been the circles in the Roads. Just for example, just one project. We continue to have floodings in the Roads in some of the circles. One constituent even went out and hired an expert to come in and provide a report as to the flaws. Those flaws, through our office, was passed onto HDR, and the issue has not been addressed. That's just one issue. Just taking one example. HDR's role and responsibility is to get a project, once it starts, to completion, sign it off as being right, everything perfect, and moving onto the next one. Well, this project has been a nightmare since day one, and it was signed off and they moved on. Now, the concern that we have is that we still have to address those constituents that call in every time that it rains; their -- the driveways get flooded, and we're frying to resolve that issue, and 'til this day, we have not been able to resolve this issue, and that continues to be a problem. That's just one of some projects that I would like to address. As a matter offact, what I would like to ask is whatever the motion may be -- if you guys want to defer; give them six months -- I will ask Mr. Manager and the CIP director, to provide me a review of all HDR projects in my district. Maybe all the Commissioners want the same report, but I could tell you that we want to sit down with you, and there are some projects that have been signed off; you've moved on, and maybe I haven't been as lucky as the other Commissioners where everything has gone smoothly; I haven't been able to, and it's all about satisfaction. Maybe you and I go to the same restaurant and your bread is warm and mine isn't. Maybe you get a smile and I don't, all right, but at the end of the day, once again, I'm the one that has to deal with the constituents, so that's the concern that I have, and it's just not that one project. We do have other projects that have been signed off and moved on, and maybe, once again, it's because we have 600 other projects that we have to go on, but we can't just move on from one project to another not making sure that that project is completely done, and when you have a constituent who has called our office, we've addressed this issue, there's plenty of records to show -- and he went out and he hired an expert to come in to give him a report of the flaw that's turned to you, and now the problem of flooding, well, you know, we'll open up a couple of holes and the water will drain, and we move on to the next project. That, I have a concern with, so I can't [sic] not continue without making sure that these projects that we've had have not been fully either completed or there is expectation of satisfaction before we move on, so I do -- maybe I'm the only one that has a problem with HDR, but I do have a problem. Chairman Gonzalez: All right. Having said that, what's the --? We have a motion and we have a second to extend the contract for another year, for six months -- Commissioner Spence -Jones: Six months. Chairman Gonzalez: -- and then the following six months, month -to -month. City ofMiami Page 116 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Roll call. Chairman Gonzalez: There is a motion. There is a second. Madam City Clerk, will you do a roll call on the item? Ms. Thompson: The roll call is on the motion, which would be your amendment, OK? Chairman Gonzalez: Motion that has been amended by Commissioner Sarnoff, giving them one-year contract, six months on the first part of the contract; the second part of the contract for another six months, on a month -to -month basis. Ms. Thompson: Then here's my question for you because you introduced a motion and you already had a motion on the floor, so you will have to deal with your first motion before you vote on your legislation. If you approve your motion, then that will modify your legislation. Commissioner Sarnoff So let me -- I'll do this for you. Let me move to continue the Resolution [sic] 07-00829. Do I have a second? Chairman Gonzalez: To continue it? Commissioner Sarnoff To continue it. Chairman Gonzalez: OK. We have a motion to continue -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. What --? Commissioner Sarnoff Then I'll say -- I'll make a new motion to do an ore tenus motion to provide them a six-month con -- let's call it a six-month contract with one -month renewals for six consecutive months. Chairman Gonzalez: All right. We have the first motion, a motion and a second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Now, the second motion is the --? Commissioner Sarnoff Second motion is a motion to give HDR Engineering a contract for a six-month period with a six-month option, those six months broken into month -to -month options for each party. That -- Chairman Gonzalez: All right. There is a motion. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Roll -- Chairman Gonzalez: There is a second. Roll call on the motion. Ms. Thompson: Roll call. Commissioner Regalado? City ofMiami Page 117 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Well, I have to say that I am very disappointed that the people of Miami couldn't get the information that they deserve, and it is because of the lack of information that I vote no. Chairman Gonzalez: All right. Ms. Thompson: Continuing. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: I will vote no, but I'm requesting for them to meet with me to go through some of the projects that have -- we feel that have not been properly finished. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Then Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: And that vote is 3/2. I'm sorry, 3 yes, 2 nos, and that's for basically, as I understand it -- and I'll defer to Legal -- an extension of six months, and then, of course, they'll be drafting new legislation. Is that what we have? Commissioner Sarnoff Six months with -- followed by six one -month options. Ms. Thompson: So we'll have new legislation forthcoming? Ms. Bru: You know, Chairman and members of the Commission, I have a problem with what's going on here because you've introduced a motion that basically says we're going to retain this consultant for another six months, and then on a month -to -month basis, but what are the other terms and conditions? Who has the option? How do you cancel? All those things are things that need to be thought about, unless what you're saying is you are approving the contract that is before you, but the only thing that you're changing is that instead of one year, it is six months, and then the parties can continue the engagement on a month -to -month basis? Commissioner Sarnoff That's why we have a City Attorney as opposed to a City Commissioner that's an attorney. That was much better stated. Vice Chairman Sanchez: Marc, withdraw your motion. Chairman Gonzalez: Let me tell you. Commissioner Sarnoff I'll -- Chairman Gonzalez: Why don't -- Vice Chairman Sanchez: Withdraw your motion. Chairman Gonzalez: -- we reconsider -- City ofMiami Page 118 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: Think he's going to do it. Chairman Gonzalez: -- why don't we just table the item -- Vice Chairman Sanchez: No, no. Chairman Gonzalez: -- and, you know, people want to hear from Mary Conway, and table the item until they -- Commissioner Sarnoff Well, why don't -- Chairman Gonzalez: -- produce Mary Conway, and that's it? Commissioner Sarnoff -- we do this? Chairman Gonzalez: You know, I mean -- Commissioner Sarnoff Can I make a suggestion? Let's -- I agree with Commissioner Sanchez. Let me do a motion to rehear and we will then rehear my motion -- do away with my motion. Let's rehear, in accordance with the terms that Madam City Attorney's has provided to us, and then I'm going to make a motion that Mary Conway be at the next Commission meeting to explain herself with subpoena power from this Commission. Vice Chairman Sanchez: Withdraw your motion, the first motion. Commissioner Sarnoff I will. Let me do a motion to withdraw my -- the motion that was just approved. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Commissioner Sarnoff Wait. I know you want to do it stylistically. Ms. Thompson: I -- Commissioner Sarnoff Motion for reconsideration. Ms. Thompson: Yes, because you actually -- Commissioner Sarnoff Let me -- Ms. Thompson: -- voted on it. Commissioner Sarnoff -- I -- let me move to reconsider -- Ms. Thompson: They voted on it. Commissioner Sarnoff -- the motion. Do I --? Chairman Gonzalez: All right. We have a motion to reconsider. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." City ofMiami Page 119 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 The Commission (Collectively): Aye. Commissioner Sarnoff Now a motion to withdraw, Madam Clerk? Ms. Thompson: Yes. Commissioner Sarnoff I make a motion to withdraw the previous six-month ex -- contract with HDR? Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Now let me make a motion to amend RE.13 to provide HDR Engineering, Incorporated, with a six-month contract under the same terms and conditions, with one -month options at six -- for the next six months at either party's option. Commissioner Regalado: Well, I thought that you wanted to bring this -- Commissioner Spence -Jones: Mary. Commissioner Regalado: -- on the next Commission meeting -- Commissioner Sarnoff No, no, no. Commissioner Regalado: -- with Ms. Conway part of the -- Commissioner Sarnoff I still want to hear from Mary Conway regarding this for -- here's the beauty of this, because if you bring Mary Conway at the next Commission meeting, Commissioner Regalado, and if you hear something you don't like, it can be reconsidered at the next Commission meeting. I think they're looking for some comfort to know that they're going to continue on, as opposed to packing up their boxes and keeping a limited supply of material. Commissioner Regalado: But why shouldn't -- if you want to give them comfort, just approve the year. Commissioner Sarnoff Well, I'm giving us time to investigate as well. Commissioner Regalado: Oh, but the point is the contract runs on July 31. Commissioner Spence -Jones: Thirty-first, right. Vice Chairman Sanchez: Year contract, with the six. Commissioner Regalado: We all know -- Vice Chairman Sanchez: Jesus. Commissioner Regalado: -- that if we were to say no, no to that -- to the extension, the Manager would have to assemble a quick consultants with no bid, which will result in the same line of City ofMiami Page 120 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 questioning, so my whole purpose was to get an explanation, not to me, but to the people of the City, and apparently, it's not working, but since it's not working, you know how I'll be -- will be voting, but that's OK. Hey. Commissioner Sarnoff Call the question. Ms. Bru: Commissioner, before you call the question, I believe there's a motion on the floor now whereby you are just moving RE.13, as amended, to provide that the term is only for six months - Vice Chairman Sanchez: Six months. Ms. Bru: -- and then month -to -month for an additional six months -- Commissioner Sarnoff At either party's option. Ms. Bru: -- but would suggest that it be at the City's option because it defeats the purpose if it's at -- Commissioner Sarnoff As -- Ms. Bru: -- either's party's option. Commissioner Sarnoff -- amended. Ms. Bru: All right, so at the City's option. Commissioner Sarnoff As amended, correct. Vice Chairman Sanchez: You need a second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor -- why -- Vice Chairman Sanchez: Roll call. Chairman Gonzalez: -- don't you do a roll call again? Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Because of the lack of information, I am voting no. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes, and let me say this, and I'll going to follow this with a motion to have Mary Conway at the next meeting, and I'll be voting in the hopeful majority, which means City ofMiami Page 121 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 then I will bring a rehearing in the event she's not here. Yes. Ms. Thompson: Thank you. Then Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: Then that resolution, as amended, is approved -- Vice Chairman Sanchez: 3/2. Ms. Thompson: -- 3/2. Commissioner Sarnoff I'd like to bring an ore tenus motion before this Commission now, subpoenaing Mary Conway to appear before this Board at the next Commission meeting to explain her role in the HDR contracting services and to bring any and all documents relevant thereto that she thinks would help this Commission understand her role and function and HDR's role and function in its supplying any information to the City in the crafting of any RFPs regarding their contract. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: OK. Chairman Gonzalez: Yes. Mr. Manager. Commissioner Spence -Jones: Yes, because she's on her way back. Mr. Hernandez: Mr. Chairman, I just heard that Mary Conway is about ten minutes away. If you desire -- Chairman Gonzalez: Great. Mr. Hernandez: -- she could be here. Vice Chairman Sanchez: Why wait till tomorrow? Chairman Gonzalez: Great. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: Withdraw the motion. Chairman Gonzalez: We might resolve all the issues in ten minutes. Vice Chairman Sanchez: Withdraw your motion. Commissioner Sarnoff Let me withdraw my motion. Chairman Gonzalez: Why don't you Chair for a while? Vice Chairman Sanchez: All right. Let's fry to make some ground here. Wow, that was just one item? Commissioner Spence -Jones: Yeah. City ofMiami Page 122 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: OK. That would be -- Commissioner Spence -Jones: Now we go where? Vice Chairman Sanchez: Which item was this, RE.13? Ms. Thompson: Yes. Commissioner Sarnoff Yeah. Commissioner Regalado: Now we got the boards. Vice Chairman Sanchez: No, no, no, no, no, no. Believe me, we've got to go back to RE (Resolution) -- let's go back to RE.5. Ms. Thompson: No. You, actually -- if you want to follow the order, we have CA.11, RE.10 -- Commissioner Sarnoff CA.11. Let's do CA.11. Ms. Thompson: -- RE.17. Chairman Gonzalez: We have Ms. Mary Conway here in the chambers. Mary, the Commissioners have been requesting your presence here. They have some questions for you. Mary Conway (Chief of Operations): Yes. Chairman Gonzalez: Commissioner Regalado, there is Mary Conway. Commissioner Regalado: Finally, butt saw you in the morning. Mary, there was an article in the paper, which it didn't fell from the sky or anything. As you know, there have been a pattern of stories about no -bids [sic] contracts, contracts that were award to certain lobbies [sic], who had friends. There have been a pattern. This is not just this article. This article had to do with something that we needed to vote on today, and we heard from HDR -- we -- I heard that you even talk to the person that wrote that article, so you went on the record and tried to explain. The -- that media outlet has some public record e-mails and documents, so you know, the credibility of the government -- I mean, Congress has a low -- lowest rating than the President, which is a lot to say, so the credibility of the government is not that good at this moment throughout the United States, so it's very difficult to vote on so much money without knowing the other side of the coin, without listening to you, and the fact that it's important to listen to you is because seems to me, for what I understand, that there were -- that the people arrested in the department that you used to run doing things that were improper, somehow were investigated by the police, and then you had to go out and hire a private detective. The water here is very murky, and I would hope that you will come, not to explain to me -- I read everything. I try to investigate. That's my nature -- but to the people ofMiami. The people do deserve an explanation, and sometimes, you know, the good guys looks like the bad guys, and sometimes the bad guys or the bad girls or the good girls looks -- so, you know, help us understand here why do you think that this came to light? It wasn't because the paper just wanted to write something about Mary Conway and HDR. Why do you think? Ms. Conway: Commissioner, Mary Conway, chief of Operations. I wish that was a question that I could answer, but it's really not. I would just remind the Commission, I put together an e-mail and a package of information that I sent out to each of you last night that included my -- factual statements on my behalf and a signed affidavit by Diane Johnson, who is the previous City employee who did put together the package. I put together some other information about things that I thought were possibly strange coincidences, and the rest is really up for you to look at that information and evaluate it and make your own determination. I can't answer that. I'm sorry. City ofMiami Page 123 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Are you still a City employee? I mean, can we say that --? Ms. Conway: As far as I know, today, yes, I am. Mr. Hernandez: Yes, she is. Commissioner Regalado: OK, so my question is what can we say to the people ofMiami about this -- the perception that have been questionable, awarding of contracts and change orders, and you know, contract without bids? What is -- what can we say to the people ofMiami? Ms. Conway: From my perspective, during the time that I've been with the City, which would have been September of 2003, I think that we can be honest with the constituency, and let them know that we weren't necessarily in the best position to be able to deliver the projects that were funded through the bond at the beginning, but that a team of people worked very hard to put in place the tools that were needed to be able to deliver that program, and there were high moments and low moments, and those have been discussed at each of these meetings. Each one of you have experienced difficulties and challenges of establishing a capital program in a very short period of time to take the City from generating $15 million worth of projects a year to over a hundred. A typical project takes three to five years just for the procurement of a consultant to design it, the actual design, the permitting through regulatory agencies, the time to procure a contractor, and then the time to build a project. It's a very time -intensive program, and I think that despite the challenges that the City faced, that the constituency should be proud at what the Administration has been able to deliver, and it's very unfortunate what happened with the investigation, which unfortunately, I'm not prepared to discuss because it is ongoing; it is not completed, and it's unfortunate that that happened, but I also think that it's notable that it wasn't the House of Lies, it wasn't something that the Miami Herald discovered or someone discovered. It's something that the Administration from within identified a problem, recognized it, and went to extreme lengths to make sure that we got to the bottom of it, and it the taxpayers deserve that. Commissioner Sarnoff Yeah. Let me ask you some questions, and I won't get into dates or times, unless you think I can. When you first became aware of a problem, did you alert a superior? Ms. Conway: Immediately, yes. Commissioner Sarnoff And did the superior give you instruction as what to do? Ms. Conway: Yes. We worked as a team throughout the entire process. Commissioner Sarnoff It's my understanding that that then went into a failed investigation, correct? In other words, an investigation that went somewhere, and then it was determined by the Chief of Police to no longer go any further? Ms. Conway: There was an initial investigation that didn't yield anything that was actionable. Commissioner Sarnoff OK, and then some period of time goes by? Ms. Conway: That's correct, until we were able to do further investigation. Commissioner Sarnoff And then you took it upon yourself with some superiors, to conduct sort of an internal investigation? Ms. Conway: That's correct. City ofMiami Page 124 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff And that internal investigation included the use of private investigators, correct? Ms. Conway: That's correct. Commissioner Sarnoff And it included the use of computer programming that allowed you to see what was on the alleged people's screens that were inevitably arrested, correct? Ms. Conway: That's correct. At my request, the City leased and obtained licenses for that equip -- for that software. Commissioner Sarnoff And then you consolidated all this information with your superiors and then went, once again, to the City Attorney, correct? Ms. Conway: To the Manager, Employee Relations, the City Attorney's Office, and the Police Department, yes. Commissioner Sarnoff OK, and then, from there, it was pretty much out of your hands? Ms. Conway: Then, at that point, it was turned over to the Police and the State Attorney's Office for them to take it from there. Commissioner Sarnoff What's the longest period of time that you were aware of a problem and you didn't -- you took action? I mean, how long are we talking about? Ms. Conway: From the time that this first came to my knowledge -- Commissioner Sarnoff Yes. Ms. Conway: -- until I went to my immediate supervisor? It was the same day. Commissioner Sarnoff The same day. Ms. Conway: The same day Commissioner Sarnoff And then your supervisor went to that person's supervisor? Commissioner Spence -Jones: Whose -- Ms. Conway: And then reached out to -- I mean, they'd have to speak for themselves, butt went to the assistant city manager the same day that the information came to me, and then the wheels were put into motion to address it through proper channels. Commissioner Sarnoff OK. Now, just talk to me about HDR because it seems to be the point of contention here. At any time, did you have HDR prepare the RFP? Ms. Conway: No. Commissioner Sarnoff Explain just for the people watching TV (Television) what is an RFP, very -- in layman's terms? Ms. Conway: RFP stands for request for proposal, and basically, it includes standard solicitation language, procurement -related language, as well as a scope of services for the work that is being requested. City ofMiami Page 125 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff So in other words, you were preparing a scope of services for other people to bid upon, correct? Ms. Conway: The City was. I was not. Diane Johnson was the individual who prepared the document. Commissioner Sarnoff OK. At any time, did you procure any go-bys? In other words, other RFPs that had been used in the past. Ms. Conway: Yes. That was the discussion that occurred on the Monday morning following the e-mail, wherein we requested other governmental contracts because the City, up until that point, had never had a contract for program management services because the City had not had the dollars that the City had at that time. You know, again, the City had $15 million a year. They -- Commissioner Sarnoff What's the number you keep using, 50 you said or fif --? Ms. Conway: Fifteen. Commissioner Sarnoff Fifteen. Ms. Conway: I mean, if you look at -- if you go back and look at the last several years' capital plans and go back three, four years, you'll see anywhere in the range of 10, 12, $15 million as an annual capital expenditure. Commissioner Sarnoff So -- Ms. Conway: If you look at the recent ones, you'll see that it's markedly higher. Commissioner Sarnoff -- ifI put a time in motion study together, it was about November of 2001 that we approved the Homeland Security bond project, correct? Ms. Conway: That's correct. Commissioner Sarnoff And that went out for bonding when? Ms. Conway: I believe a year later. Commissioner Sarnoff OK, so about November 2002. Prior to this, this City had, historically, about 15, 1-5, million in projects, correct? Ms. Conway: Annually, that's my understanding, yes. Commissioner Sarnoff In the first tranche of the Homeland Security bond project was $100 million? Ms. Conway: A hundred and fifty-five million. Commissioner Sarnoff Hundred and fifty million dollars -- hundred and fifty-five? Ms. Conway: One fifty-five. Commissioner Sarnoff One five five million dollars, so this was easily ten times more than the City had ever seen before -- Ms. Conway: That's correct. City ofMiami Page 126 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff -- correct? And you were hired in around September of 2003? Ms. Conway: That's correct, the end of September. Commissioner Sarnoff OK, so by the time you were hired, a little less -- about a year had gone by from the time they had allocated the money but had not used it, correct? Ms. Conway: I believe about $3 million had been spent in the first year. Commissioner Sarnoff So 3 million of 155million, and the City had a certain set time frame under IRS (Internal Revenue Service) guidelines in which to spend that money, correct? Ms. Conway: I didn't know that at the time. I found that out later. Commissioner Sarnoff OK, so you were sort of under the gun, so to speak, to start procuring projects, correct? Ms. Conway: Very much so. Commissioner Sarnoff All right, and then this is how you started with the HDR contracts? Ms. Conway: Initially, what we did was piggybacked on other governmental contracts. We piggybacked on a JOC contract for construction with Miami Beach. We piggybacked on a DOT (Department of Transportation) confract, a Miami Beach confract, and a State Department of Management Services Contract for program management services, and what we asked the Commission at that time was to allow us to do the piggybacks to give us time to put out a City solicitation to go through a competitive process. Commissioner Sarnoff And is this the City solicitation that you're speaking about for the RFP for an HDR-type facility? Ms. Conway: For the program management services confract and the item that was before you today, yes, that's correct. Commissioner Sarnoff OK, so when we use the word 'program management services," to the layperson, what does that mean? Ms. Conway: It basically means -- and it's a common tool that other governmental entities use; Department of Transportation, Miami -Dade County, Expressway Authority, Turnpike Enterprise, but basically, you are hiring confract staff to do the same functions that City employees do, so you're not hiring them to design, you're not hiring them to build, but you're hiring them to serve as project managers, construction managers, program managers, and to perform the same function side by side that City employees do, and a big part of the discussion initially about why we recommended that was two fold. One was the practicality of being able to double or quadruple the City staff in this competitive construction marketplace was questionable, and also adds long-term cost to the City as far as retirement benefits and everything else. The second was whether we even could, if we had wanted to, hire those people, be able to find people to hire in a short time period. Commissioner Sarnoff So you dealt with a company named HDR. I take it that's a company you were familiar with? Ms. Conway: Well, with the three contracts that we piggybacked on, HDR had the State Department ofManagement Services Contract, ConsulTech had the DOT contract, and URS had City ofMiami Page 127 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 the Miami Beach contract. Commissioner Sarnoff OK, and inevitably, you create an RFP along with, was it Diane Johnson? Ms. Conway: Diane Johnson, headed the confract section in CIP at the time. Commissioner Sarnoff OK, and she did this by procuring other older contracts that other people had used in various other agencies, correct? Ms. Conway: That's correct, and you can see that in the e-mails that accompanied those attachments, what I sent you last night. Commissioner Sarnoff I -- be honest with you, Ms. Conway, I did not get your full e-mail. I've only been provided essentially your e-mail itself so I didn't get the attachments. Ms. Conway: I can list them, if you'd like me to. The documents that were sent to Diane from the three consultants, as well as from a gentleman who was a procurement specialist with Miami Beach, there's the Miami Beach RFP; there is a Seminole County RFP; there's another document that's titled MCSD -- I'm not sure which agency that was -- there was the existing ConsulTech contract with DOT, a Florida Turnpike General Consultant RFP. Commissioner Regalado: Mary, on this e-mail -- Ms. Conway: I think that's about it. District 7, which is also a Tampa district, with DOT, a copy of their RFP. Commissioner Regalado: Mary, ifI may just -- I just have a question. On the e-mail to the Commissioners and the Mayor and the Manager, you say that there was a -- the Manager inform you that there was a complaint filed against you and the procurement process and the Miami -Dade County Ethics Commission. Ms. Conway: I don't know if it was against me, but it was a list of questions regarding the program management services confract, and there were two questions that related to me directly. Commissioner Regalado: You also mentioned that the Manager had told the Miami Daily Business Review that your position in the City was to be determined, but as to last night, 9:43, you weren't sure because no one has reach out to you to tell you -- Ms. Conway: As the Manager stated, I'm still an active employee. Commissioner Regalado: Well, that was now, but I'm talking about the e-mail yesterday, 9:43 p.m., you said that "Unfortunately, he shared with me that he has just spoken with the City Manager, who had advise him that my status with the City was to be determined. Unfortunately, the Manager did not attempt to reach me or any other City staff of which I am aware to obtain information regarding Oscar's allegation." I'm just reading your e-mail, and I guess that this is the whole thing, the back and forth, and the fact that someone sort of file a complaint against the process, so you -- I'm sure that you would understand why it's so important to go on the record and clarify because after all, the City Commission is voting on a whole lot amount of money -- Ms. Conway: Yes, I do. Commissioner Regalado: -- for that -- Commissioner Spence -Jones: Mr. Chairman -- oh, I'm sorry. City ofMiami Page 128 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: No. Go ahead. Commissioner Spence -Jones: OK. Commissioner Sarnoff Can I just ask just three more questions? I just want to get the last three questions out, and I apologize, but I think we'd all get done all at once -- one at a time. The -- there are two pending allegations I've heard against you, and I just want to give you the opportunity to explain them. One was some sort of an ethics violation or -- that you made a -- you paid a fine to. Ms. Conway: That's Commissioner Sarnoff Could you just explain what that is for the record. Ms. Conway: I've included a copy of a three page letter response that I sent to the State Commission on Ethics. When I held the position of consult management engineer for the Department of Transportation in District 4 in Fort Lauderdale, there was an employee who had filed various complaints with Commission on Ethics, the Board of Professional Engineers alleging impropriety on my part; that I had given business to private consulting firms because my husband, who, at the time, had a business doing house inspections. You're going to buy a home, someone would inspect. All of those allegations were refuted. What I did do, and was reprimanded for by the agency, was on a couple occasions, two I believe, I brought in a copy of the report to give to a person who he had done a inspection for, eight pieces of legal paper, and foolishly, but made a photocopy of eight pieces of legal paper, and when the individual came to see me to pick up the report, I was in meetings, as I typically am here, and asked my assistant if she would take the report either across the hall or down one floor, and the attorney with the Commission on Ethics felt that that was a violation of State resources and a misuse of my position, and after so many years of going through all of these claims, I agreed to -- it wasn't worth wasting taxpayer money anymore, it wasn't worth any more of my time, and I agreed to the reprimand and a $500 fine to put it to rest, and the employee who made the allegations was later terminated by the agency for cause; sued the agency, and the State prevailed in that action. Commissioner Sarnoff OK. Two more questions, and the same opportunity I want to give to you again is there have been people who have made some allegations against you regarding the Flagler Street project, and I -- my understanding is your husband may have some peripheral involvement. I just want to give you the opportunity just to say whatever it is on the record you have to say about that. Ms. Conway: Sure. My husband is a licensed general contractor. He's a graduate of FIU's (Florida International University's) Building Construction Management program. He has worked for general contractors. Most recently, he has worked for engineering firms, (UNINTELLIGIBLE), Corradino, Jim Harris, performing as a senior building inspector or senior bridge inspector on Department of Transportation projects, so he is employed by the company Corradino that was hired years prior to my coming to the City to design -- by the DDA (Downtown Development Authority), hired to design the Flagler Street Marketplace project. Commissioner Sarnoff So years before September of 2003, your husband was employed to do work for the DDA? Ms. Conway: No, no, no. My husband has never done any work inside the City on any -- Commissioner Sarnoff What I meant to say -- Ms. Conway: -- City project. City ofMiami Page 129 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff -- for the project. Ms. Conway: He has never done any work for any City project. He's done work for the Florida Department of Transportation in Dade, Broward, and Palm Beach counties. Commissioner Sarnoff Now, explain yourself one more time, then. Maybe I'm not understanding. You're saying years before your employment with the City, your husband was in the employ of a company that did some design work? Ms. Conway: I'm not sure when exactly he started with Corradino, but his position at that firm has never had any involvement with any business at the City. It's a relatively low-level line staff position. The contract with Corradino for design was procured by the DDA before I joined the City. What happened subsequent to that was the City put out a solicitation for CEO (Chief Executive Officer) or construction inspection services, similar to an item you voted on earlier today, and when the letters of interest were received, Corradino was one of the submitters. As soon as I saw that they were a submitter, I recused myself from any participation, and other staff served as the selection committee, and they were one of the firms that were selected in the pool of ten or twelve or fifteen or however many firms, based on their experience providing construction and inspection services, and they were subsequently assigned the Flagler Street project because they were the engineers of record. There was a feeling that they would provide continuity by having the same team and the same company that designed the project oversee the inspection services. Commissioner Sarnoff All right. Last question. In any way, shape, or form, did HDR, in any way, shape, create, author, or amend the RFP submitted by CIP? Ms. Conway: No, they did not, and Diane Johnson, I believe, would make the same statement for you. Commissioner Sarnoff Thank you, Mary. Commissioner Spence -Jones: Thank -- Mr. Chairman, I don't have a lot to ask Mary. Just first of all, I want to thank you and acknowledge you sending the e-mail, and I know all my colleagues have gotten it, but I'm sure you got my e-mail back saying thanks for the clarification Ms. Conway: Yes, I did, Commissioner. Commissioner Spence -Jones: -- because a lot of times you read stuff in the newspaper and you always have to know that there's another side of the story and it was great to know that you were able to fire back immediately your side of the story. As far as I'm concerned, Mary Conway, you know, anything that we needed to get done in District 5, you've always been amenable, always have been a very straightforward -- even if you can't do it, you're going to say, Commissioner, that can't happen, and I really appreciate and value that, so I think it's important to say that to you before I ask you any other questions. The one thing that I had a question on when I read the e-mail was you made a statement -- and you know I've had a concern with the HDR contract from the time that I got elected, just on key things that I felt that they needed to do and to see happening, and just really frying to understand what their role was, and you were able to make Neal available to solve many of those problems, and he was, but you made a comment about -- in your statement to us about HDR's renewal of their contracts or their agreement the last time, and that you had reached out to -- I don't know if it was this Administration saying that you had had concerns. Can you just speak on that issue real fast so that I'll have clarity that you -- and I would like to know why you had -- City ofMiami Page 130 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Conway: Well -- Commissioner Spence -Jones: -- the concerns? Ms. Conway: -- in the note that I had sent -- Commissioner Spence -Jones: Yeah. Ms. Conway: -- the only concerns that I had is that as the Vice Chairman mentioned earlier, the vote -- you know, this has been -- the things we've had to do; piggybacking on contracts, using program management services that made employees feel that maybe we were trying to get rid of City employees. There'd been a lot of controversial issues and discussions associated with a lot of the things that we've had to do to go from $15 million worth of projects to over a hundred, and when the first one-year option came up last year, my recollection is it was a 3/2 vote. There was a lot of discussion and it could very possibly not have moved forward -- Commissioner Spence -Jones: Right. Ms. Conway: -- and I had a conversation with the City Manager in the beginning of the year to ask him whether he wanted to put out a new solicitation to let industry compete again, because there was that discussion and the decision at the time was no, let's proceed. Commissioner Spence -Jones: Right. Ms. Conway: Now the Commission, if it's their desire, the Administration will put out a solicitation and let industry compete again, and that's fine, and that's appropriate -- Commissioner Spence -Jones: OK, but you had -- Ms. Conway: -- but my concern -- Commissioner Spence -Jones: Yes. Ms. Conway: -- my only concern is that since we did not put out a solicitation in January, that's typically a four- to a six-month process from the time the advertisement goes out until this body approves it, and it gets fully executed and a purchase order is issued that if we were not able to have their services available, especially having lost employees recently right on the cusp of selling 50 and $80 million worth of additional Homeland Defense and street bonds that the City would not be able to honor its commitment and deliver the projects. Commissioner Spence -Jones: OK. That -- I thought it was important to -- because that was -- to me, when I got the e-mail, it was almost as if you threw up a red flag to address the issue before we got deeper into the situation, and that was kind of the response -- the reaction you got back, so I didn't know if it was you stating that because you did have concerns yourself you know -- Ms. Conway: Of course, because -- Commissioner Spence -Jones: -- with going into -- Ms. Conway: -- of the discussion last year about whether the Commission wanted to -- whether the Administration wanted to go through another competitive solicitation and bring new firms and let industry compete again. Commissioner Spence -Jones: OK, and then this is my last comment, then I'll turn it over to my colleague here. You know -- and this is more of a personal question more so than anything else, City ofMiami Page 131 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 not really about what is going on with the -- what happened with the overall story and whether or not some things are true, what things are not true and all of that. More so than anything, I think that if we all, as Commissioners, have to deal with, you know, the constant -- just constantly being put on the spot by the media. I mean, that just goes with who we are and -- as leaders, and you're a leader in your department. You have to -- Ms. Conway: I understand that. Commissioner Spence -Jones: -- deal with the same thing. What, for you, though -- and I'd like for you to at least express to the other Commissioners -- was the most misleading part of the story for you personally, from a personal, professional standpoint that really bothered -- because you really -- when you -- I mean, you nailed your e-mail on so many issues, but what was, for you, the most misleading part of the story, and what really affected you when you read it? Ms. Conway: Well, I'd rather -- rather than talk about misleading in the e-mail, just talk about what upset me -- Commissioner Spence -Jones: I mean the story. In the story. Ms. Conway: -- is -- in the story -- Commissioner Spence -Jones: Yes. Ms. Conway: -- that was published. What upset me is that I've spent 14 of my 18 years in public service and I take that very seriously. I like public service. I choose to be in public service, and anybody in industry who has worked with me during those 14 years, they can speak for themselves. On the e-mail, I copied the disfrict secretary, the current district secretary of the DOT's Fort Lauderdale office. I also copied a state attorney from the Fort Lauderdale office, who was involved with the lawsuit that mentioned earlier so that you could contact them as references. I did also forward to you this morning another e-mail that was received back from that disfrict secretary. You know, I've worked very hard over those 18 years to develop a very solid representation as somebody who is bright and hardworking and who's honest and ethical, andl -- when -- very offended when that's challenged, and ifI have done something wrong, I have stood before this body on numerous occasions and taken criticism and taken heat, whether I liked it or not for things that weren't accomplished and that were failings, but when something is factually inaccurate, I'm not prepared to accept the types of allegations that were made in that article. It's very unfair, it's misleading, and it's slanderous. Commissioner Spence -Jones: Well, I thank you so much for definitely providing clarification and being strong enough to stand up and state it. Vice Chairman Sanchez: Mr. Chairman. Do -- Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: -- you need a few minutes? Ms. Conway: No. I'm fine. Vice Chairman Sanchez: OK. You're fine. All right. I think Commissioner Sarnoff, as a good litigator, opened it up and closed it with a question that has already been answered twice, but want you to put it on the record again, and that is did HDR help write this bid request? Ms. Conway: They did not. City ofMiami Page 132 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: They did not. Ms. Conway: What they did was provide the cop -- the contracts that you see in those e-mails. Vice Chairman Sanchez: OK. Ms. Conway: And again, I would encourage you to request Diane Johnson to come before this board and she can answer that as well. Vice Chairman Sanchez: I did receive your package, and there's a statement by her, and I find her to be very highly credible. Ms. Conway: She's a good lady. Vice Chairman Sanchez: Let me ask you another question. There is also allegation here by sources familiar, you know, but it states here that you exchanged e-mails and had meetings with HDR and other consultants about the confract. Ms. Conway: There -- Vice Chairman Sanchez: Can you elaborate on that? Ms. Conway: I don't think I have a copy of that e-mail with me, but there was an e-mail that was included with the article, and that was read to me when I spoke on tape with the reporter that was an e-mail that I had sent to the three team members. Probably for the first two years after I joined the City, we had a standing meeting at 8 o'clock every Monday morning to plan out the week's activities, what we were going to do, and how we were going to advance and move things forward. It was a very intense crisis management situation. I had sent that e-mail out because the dollars and the Commission authority on the piggyback contracts, based on what the monthly expenditures were, were set to expire, run out at a certain time period. We were going to need some kind of assistance to get information. Now, the way I worded that and the fact that I said that we needed assistance with the RFP or we need assistance with writing the RFP, the fact is that when we met on Monday morning, the discussion that took place was that they could not assist with the RFP because it would be a conflict of interest, and they would be conflicted from participating in the process, and each of those 3 three firms were interested in competing. What they did do -- and you'll see that when you look in the e-mails where it talks about what they provided subsequently in saying, per our discussion in the Monday meeting, here's the confract, and what they did was each of the firms forwarded copies of other governmental contracts. Those were then provided to Diane. Ironically, she didn't use any of those. Ironically, she chose to use the contract that she had reached -- that she had received from the gentleman on Miami Beach. Vice Chairman Sanchez: All right. It's -- you know, it's not what you say; it's what people hear, and not everything you read is true. There were three proposals, correct? And they were evaluated and ranked by the evaluation committee. Ms. Conway: That's correct. Vice Chairman Sanchez: Who was a part of that evaluation committee, the names, if you remember? Ms. Conway: My recollection, I believe Stephanie Grindell was a member, who's our Public Works director; I was a member, and Teresita Alvarez, who is another professional engineer who heads the Consultant Management Engineering department for Department of Transportation's District 6 office, was the third outside member. City ofMiami Page 133 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: All right. Do you believe, as your expertise as the director, that that was the -- HDR was the highest -ranked firm most qualified to provide professional management services for the City? Ms. Conway: Yes, I do. Vice Chairman Sanchez: OK. All right, and my last question was -- it was already addressed -- and that was on the Ethics Commission, which was addressed, and the question was asked by Commissioner Sarnoff, so -- Ms. Conway: And, Commissioner, ifI just might add one thing. The reason that I put in the note that I sent to you last night, that I would encourage anyone who was interested in the truth in going back and looking at the proposals themselves, looking at the rankings, and listening to the audio tape, my recollection is that the rankings, the rank order of each of the three evaluators was the same, so it wasn't where one person thought that one person should be number one, another person thought that a different company should be number one, but there was a unanimous agreement on the ranking of one, two, and three. Vice Chairman Sanchez: I have not further questions. Chairman Gonzalez: All right. Is everybody satisfied? So that concludes the -- Ms. Conway: Thank you. Vice Chairman Sanchez: Sorry to make you drive back. Chairman Gonzalez: -- presentation. We thank you -- Ms. Conway: It's OK. Chairman Gonzalez: -- very much for -- Commissioner Sarnoff Thank you, Mary. Chairman Gonzalez: -- being here. Ms. Conway: Thank you. Vice Chairman Sanchez: All right. Where are we at now? Commissioner Sarnoff The vote, right? Vote on HDR. Chairman Gonzalez: Vote on HDR --so what is the -- Vice Chairman Sanchez: Vote on -- Chairman Gonzalez: -- proposal -- Vice Chairman Sanchez: -- HDR? Chairman Gonzalez: -- on HDR? Mr. Hernandez: Would that be a reconsideration? City ofMiami Page 134 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Well, you already vote. Commissioner Sarnoff No. I don't think we ever voted. Commissioner Regalado: You vote. Vice Chairman Sanchez: Yeah, it passed 3/2. Commissioner Regalado: You guys vote. Vice Chairman Sanchez: Yeah. Commissioner Sarnoff We did? Vice Chairman Sanchez: I'm saying, what are you --? Commissioner Regalado: Yeah. Hr. Hernandez: There was a vote -- Commissioner Regalado: Yeah. It was the six month thing. Chairman Gonzalez: Six months -- Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- and then six months -- Commissioner Regalado: Right. Commissioner Sarnoff I didn't think -- I thought we did not -- I thought we did not rescind that. Vice Chairman Sanchez: No, no, no, no, no. Chairman Gonzalez: Well, actually, it's an extension of a year, but it's six months and then -- Commissioner Sarnoff Right. Chairman Gonzalez: -- a month to month for another six months. RE.14 07-00831 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF $419,936, CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT, ENTITLED: "HAZARD MITIGATION GRANT PROGRAM-FEMA PROJECT 1602-02-R CITY OF MIAMI, DADE COUNTY, SOUTH DISTRICT POLICE STATION, WIND RETROFIT," WITH AN EXPIRATION DATE OF DECEMBER 31, 2008, TO PURCHASE AND INSTALL HURRICANE BARRIER SCREEN SYSTEM SHUTTERS, ACCORDION SHUTTERS, IMPACT GLASS RESISTANT SYSTEM ON STOREFRONT OPENINGS AND ENTRANCE DOORS OF THE SOUTH DISTRICT POLICE STATION LOCATED AT 2200 WEST FLAGER STREET, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO City ofMiami Page 135 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Votes: RE.15 07-00832 Department of Capital Improvements Program EXCEED $139,979, FOR A TOTAL GRANT AMOUNT OF $559,915; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $139,979, FROM ACCOUNT NO. 00001.191602.891000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 07-00831 Legislation.pdf Exhibit 1.pdf Exhibit 2 .pdf Exhibit 3 .pdf Exhibit 4 .pdf Exhibit 5 .pdf Exhibit 6 .pdf Exhibit 7 .pdf Exhibit 8 .pdf Exhibit 9 .pdf Exhibit 10 .pdf Exhibit 11 .pdf Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0397 Vice Chairman Sanchez: Let's get rid of the -- let's get rid of some of these -- RE.14, I move. Chairman Gonzalez: OK. RE.14, accepting a grant, Hazard Mitigation Grant Program. Is there a motion on that? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI ("CITY") AND NCI CONSTRUCTION CO., DATED JUNE 11, 2004, AND APPROVED PURSUANT TO RESOLUTION NO. 04-0260, ADOPTED APRIL 22, 2004, AS AMENDED, PURSUANT TO RESOLUTION NO. 05-0179, ADOPTED MARCH 24, 2005, FOR THE PROJECT ENTITLED "ORANGE BOWL STORM WATER PUMP STATION UPGRADES (THIRD BIDDING)," PROJECT B-50653 ("PROJECT"), FOR THE PROVISION OF MISCELLANEOUS UPGRADES FOR THE PROJECT, IN AN City ofMiami Page 136 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 AMOUNT NOT TO EXCEED $80,000, FROM $298,127 TO AN AMOUNT NOT TO EXCEED $378,127; ALLOCATING FUNDS FOR SAID INCREASE, FROM CAPITAL IMPROVEMENTS PROJECT B-50653; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE AGREEMENT, FOR THE PURPOSES STATED HEREIN. 07-00832 Legislation.pdf 07-00832 Exhibit 1.pdf 07-00832 Exhibit 2.pdf 07-00832 Exhibit 3.pdf 07-00832 Summary Form.pdf 07-00832 Amendment 1.pdf 07-00832 Pre-Attachment.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0398 Vice Chairman Sanchez: RE.15. Chairman Gonzalez: RE.15, NCI Construction, Inc., Orange Bowl Storm Water Project. That's another easy one. It's another pump station. Ola O. Aluko (Director, Capital Improvements Program): This is increase to the contract by $80, 000, typical changes. Vice Chairman Sanchez: Why is it called the Orange Bowl Pumping [sic] Station? Mr. Aluko: That's the -- Vice Chairman Sanchez: It's not even in the Orange Bowl. Mr. Aluko: No, it's not. I -- Pedro G. Hernandez (City Manager): It's in the general neighborhood. It's really -- Chairman Gonzalez: All right. Mr. Hernandez: -- it's north of 7th Street. Vice Chairman Sanchez: I just have a question on that. Do we have a safe program to make sure that there's a monitor so when it doesn't turn on automatically --? Mr. Aluko: That -- Vice Chairman Sanchez: It turns on automatically? Mr. Aluko: It is an automatic pump station. How -- Vice Chairman Sanchez: And then, do we have a follow-through to make sure that people do go by and check it when we have -- Mr. Aluko: That's correct. City ofMiami Page 137 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: -- rainy season? Mr. Aluko: That's correct. Vice Chairman Sanchez: Because we've -- once again, I think there's been some concern about flooding, and believe me, I have pictures of retail businesses that were flooded out because of -- Mr. Aluko: There is that program with all of our pump stations in the City. Vice Chairman Sanchez: All right. We just need to follow through on that. All right. Chairman Gonzalez: All right. Is there a motion on RE.15? Commissioner Sarnoff So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RE.16 07-00835 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvements JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE COUNTY Program ("COUNTY"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR MANAGEMENT, SUPERVISION AND INSPECTION OF THE CONSTRUCTION OF THE VENETIAN CAUSEWAY STREETSCAPE IMPROVEMENTS PROJECT NO. B-39911, IN THE AMOUNT OF $1,900,000; ALLOCATING FUNDS FROM THE STREET BONDS PROGRAM, PROJECT B-39911. 07-00835 Legislation.pdf 07-00835 Exhibit 1.pdf 07-00835 Exhibit 2.pdf 07-00835 Summary Form.pdf 07-00835 Funding Breakdown.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0399 Chairman Gonzalez: RE.16 is an agreement with Miami -Dade County for improvement at Venetian Causeway. Is there a motion on RE.16? Commissioner Sarnoff So move. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. City ofMiami Page 138 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.17 07-00837 Department of Capital Improvements Program Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO REINSTATE THE AGREEMENTS THAT HAVE EXPIRED, AS IDENTIFIED WITH ASTERISKS BELOW, AND EXERCISE THE CITY OF MIAMI'S OPTION TO RENEW TWELVE JOB ORDER CONTRACTS, TO THE FIRMS LISTED HEREIN, TO CONTINUE TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE, ON AN AS -NEEDED BASIS FOR CAPITAL PROJECTS FOR AN ADDITIONAL ONE-YEAR PERIOD, PURSUANT TO RESOLUTION NO. 05-0290, ADOPTED MAY 12, 2005; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00837 Legislation SUB.pdf 07-00837 Summary Form.pdf 07-00837 Text File Report.pdf 07-00837 Contract.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0406 Chairman Gonzalez: RE.17 is a -- Vice Chairman Sanchez: Table to the afternoon. So move. Chairman Gonzalez: That item shouldn't have any problems because those people have been doing a great -- tremendous job. Commissioner Regalado: Is in the afternoon, we're discussing all capital improvement -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- items? Is Mary Conway coming this afternoon Pedro G. Hernandez (City Manager): No. Commissioner Regalado: -- for this item? She's not? Mr. Hernandez: No. Vice Chairman Sanchez: All right. We'll just table this. Make a motion to table this afternoon. Let's fry to get through some of the agenda, and then we'll address these issues. Commissioner Spence -Jones: OK. City ofMiami Page 139 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: All right. Let's make it simple for the City Clerk. "[Later...]" Vice Chairman Sanchez: RE.14. Priscilla A. Thompson (City Clerk): Actually, now, we're on RE.17. Vice Chairman Sanchez: RE.17. OK, RE.17. Hold on. Commissioner Sarnoff What are we doing? Vice Chairman Sanchez: Let me try to catch up here quick. We're going to get this agenda rolling pretty quick. All right. Here we go. Ola O. Aluko: Good afternoon. Ola Aluko, director of CIP (Capital Improvements Program). RE.17 is a resolution authorizing the City Manager to renew 12 job order contracts, also known as JOCs. Again, this -- these are contractors that have performed exceptionally well in the past year. The contracts have expired from periods ofMay through this present time, and we're requesting that these contracts be renewed. Again, we have looked at this through their performance, and we weeded out the best 12 that had performed. Vice Chairman Sanchez: All right. That's RE.17. It's a resolution. Is there a motion? Commissioner Sarnoff Discussion. I'll make a motion. Vice Chairman Sanchez: All right. There's a motion for the purpose of discussion by Commissioner Sarnoff. Is there a second? Commissioner Spence -Jones: Second for discussion. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. Mr. Aluko: Can I make a clarification? Vice Chairman Sanchez: The item is under discussion. Before we go to discussion, point of clarification? Mr. Aluko: Yes. My apologies. There is a substitute, which should be distributed to you. Oh, it has been distributed to you. It's a minor language change. Vice Chairman Sanchez: What's the minor language change? Mr. Aluko: As I mentioned, Commissioner, the contracts had expired. However, Legal wanted to ensure that we include the word "reinstate" the agreements that have expired, as opposed to what's written initially. Vice Chairman Sanchez: All right. The item is under discussion. Commissioner Sarnoff, you're recognized for the purpose of discussion. Commissioner Sarnoff Well, actually, Commissioner, you took a lot of the words out of my mouth. Why are we getting a last-minute change? One question. Vice Chairman Sanchez: What's the will of the Commission? Want to vote on it? Want to defer it? Want to table it? City ofMiami Page 140 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff No. I'm OK with -- the only word is "reinstate." I'm OK with that. Hr. Aluko: Reinstate's the only word. Commissioner Sarnoff That's the only change. Vice Chairman Sanchez: OK. Commissioner Sarnoff All right. In your opinion, all of these confractors have done a very good job, a adequate job, or a poor job? Hr. Aluko: Staff has narrow down the best 12 JOC confractors, and we believe that they've done an excellent job. Commissioner Sarnoff Is that your evaluation? Commissioner Spence -Jones: Staff. Hr. Aluko: That is my -- yes, it is. Commissioner Spence -Jones: He said staff. Commissioner Sarnoff And you -- no. I understood he said staff butt have to hold him accountable. Commissioner Spence -Jones: I know, but he -- Commissioner Sarnoff Right. Commissioner Spence -Jones: -- said staff. Hr. Aluko: Yes, I'm held accountable. That's correct. Commissioner Sarnoff OK, and just so we're clear, you used "excellent, " which means that these people are beyond reproach? Hr. Aluko: Commissioner, they've done a very good job. Commissioner Sarnoff OK. There's a lower expectation. Vice Chairman Sanchez: All right. Commissioner Sarnoff Thanks, Ola. Vice Chairman Sanchez: Commissioner Spence Jones, you're recognized on RE.17. Commissioner Spence -Jones: And I won't beat you up that bad, Ola. I just want to ask you, these are the 12. What was it before? What was the number before again? How many --? Hr. Aluko: I believe we had 18 initially -- Commissioner Spence -Jones: OK. Hr. Aluko: -- and we narrowed it down to 12. City ofMiami Page 141 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: And these 12 got narrowed down based upon the fact that the six were not doing well -- Mr. Aluko: Performance. Commissioner Spence -Jones: -- or did --? Mr. Aluko: That's correct. Commissioner Spence -Jones: OK, so that's how you evaluated whether or not they were --? Mr. Aluko: This particular contract, yes, through performance. Commissioner Spence -Jones: And I can ask that these 12 that we did narrow down to, they're very diverse, right? Mr. Aluko: They are diverse in their different specialty. Based on the briefing that we had with you, we were -- we will reconsider expounding on our diverseness, and I had discussed that with staff and there's no problem. We should be able to do that. Commissioner Spence -Jones: OK. Just want to make sure. Mr. Aluko: Very well. Vice Chairman Sanchez: All right. I just have a question for you. They're pretty expensive. Do you see us in the future breaking away and maybe going to -- towards bids for projects? Mr. Aluko: Commissioner, as we mentioned, we had 18; down to 12, even though they were evaluated based on performance. It is thisAdministration's task to narrow the JOC contractors down to possibly five -- Vice Chairman Sanchez: OK. Mr. Aluko: -- and we'll try a different delivery approach in order to obviously save City money and also deliver jobs on time. Vice Chairman Sanchez: All right. OK. Any further questions on the item? The motion was made by Commissioner Sarnoff, second by Commissioner Spence -Jones. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, say no. Commissioner Regalado, what was --for the record, how did you vote? Commissioner Regalado: We're voting on? Commissioner Sarnoff Seventeen. Vice Chairman Sanchez: We're voting on 17, RE.17. Commissioner Sarnoff The JOC contracts. Commissioner Regalado: Oh, OK. Yes. City ofMiami Page 142 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Yes? Commissioner Regalado: Yes. Vice Chairman Sanchez: OK. Madam Clerk, it passes. Mr. Aluko: Thank you. Priscilla A. Thompson (City Clerk): As modified. Vice Chairman Sanchez: As modified. As amended at the last second. RE.18. RE.18 is also a resolution. Didn't we do that already? Commissioner Sarnoff I thought we did, too. Mr. Aluko: Yes, you did. Vice Chairman Sanchez: Yeah, we did that one. All right. RE.18 07-00854 RESOLUTION Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AN ASSIGNMENT OF A PROFESSIONAL SERVICES AGREEMENT ("PSA"), FROM STAR HRG, A DIVISION OF THE MEGA LIFE AND HEALTH INSURANCE COMPANY, AN OKLAHOMA CORPORATION, TO CONNECTICUT GENERAL LIFE INSURANCE COMPANY, A STATE OF CONNECTICUT CORPORATION, TO CONTINUE TO PROVIDE GROUP HEALTH BENEFITS FOR PART-TIME/TEMPORARY EMPLOYEES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SAID PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AND TO CORRECT THE ORIGINAL OPTIONAL TERMS, FROM TWO (2) ADDITIONAL ONE-YEAR PERIODS TO THREE (3) ADDITIONAL ONE-YEAR PERIODS, PURSUANT TO THE REQUEST FOR PROPOSALS NO. 03-04-004 AND RESOLUTION NO. 04-0095, ADOPTED FEBRUARY 26, 2004. City ofMiami Page 143 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Votes: 07-00854 Legislation.pdf 07-00854 Exhibit 1.pdf 07-00854 Exhibit 2.pdf 07-00854 Exhibit 3.pdf 07-00854 Exhibit 4.pdf 07-00854 Exhibit 5.pdf 07-00854 Exhibit 6.pdf 07-00854 Exhibit 7.pdf 07-00854 Exhibit 8.pdf 07-00854 Exhibit 9.pdf 07-00854 Exhibit 10.pdf 07-00854 Exhibit 11.pdf 07-00854 Exhibit 12.pdf 07-00854 Exhibit 13.pdf 07-00854 Exhibit 14.pdf 07-00854 Exhibit 15.pdf 07-00854 Exhibit 16.pdf 07-00854 Exhibit 17.pdf 07-00854 Exhibit 18.pdf 07-00854 Exhibit 19 .pdf 07-00854 Exhibit 20.pdf 07-00854 Exhibit 21.pdf 07-00854 Exhibit 22.pdf 07-00854 Exhibit 23.pdf 07-00854 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0400 Chairman Gonzalez: All right. Part-time and temporary benefit to Star HRG. Commissioner Regalado: What? Chairman Gonzalez: That's the insurance company that provides health benefits -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- medical protection to the part-time -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- employees. Commissioner Spence -Jones: So move -- second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 144 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.19 07-00859 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, FOR THE USE OF APPROXIMATELY 7,273.40 SQUARE FEET OF STATE-OWNED SUBMERGED LANDS LYING ADJACENT TO THE CITY'S UPLAND PROPERTY LOCATED AT 236 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FOR A TERM OF ONE (1) YEAR; PROVIDING FOR THE PAYMENT OF AN ANNUAL SUBMERGED LANDS FEE, AS SET FORTH IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ADMINISTRATIVE RULE 18-21.011(1)(B), AS MAY BE AMENDED; PROVIDING FOR THE ONE-TIME PAYMENT BY THE CITY OF RETROACTIVE FEES IN THE AMOUNT OF $32,814.80, FOR THE USE OF THE SUBMERGED LANDS FROM SEPTEMBER 30, 1984 THROUGH SEPTEMBER 30, 2007; ALLOCATING FUNDS FROM GENERAL REVENUE ACCOUNT NO. 04002.221100.544000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-00859 Legislation.pdf 07-00859 Exhibit 1.pdf 07-00859 Exhibit 2.pdf 07-00859 Summary Form.pdf 07-00859 Pre-Legislation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0401 Chairman Gonzalez: OK. RE.19, temporary use agreement, Garcia Brothers Wholesale. Vice Chairman Sanchez: I don't have a problem with that. I'm prepared to move it. Is there a - _7 Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Chairman Gonzalez: There's a motion. There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: RE.20 should be -- Vice Chairman Sanchez: That was pulled. Pedro G. Hernandez (City Manager): That was deferred. Vice Chairman Sanchez: That was deferred. City ofMiami Page 145 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.20 07-00872 Department of Public Facilities RE.21 07-00875 Department of Capital Improvements Program Chairman Gonzalez: That was defer? Mr. Hernandez: Yes. Chairman Gonzalez: OK. Vice Chairman Sanchez: Yes. Chairman Gonzalez: That's good. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH STAUBACH TO PROVIDE FOR A SCOPE AND COMPENSATION RELATED TO THE REDEVELOPMENT OF THE JAMES L. KNIGHT CENTER COMPLEX SOUTH SIDE ASSETS ON SUBSTANTIALLY THE TERMS DESCRIBED IN EXHIBIT"A" HERETO; PROVIDING FOR A FLAT FEE IN THE AMOUNT OF $250,000 TO STAUBACH IN CONNECTION WITH ANY NEGOTIATIONS FOR A NEW OR AMENDED LEASE WITH HYATT; PROVIDING FOR A CAP OF $100,000 ON ANY FEE TO BE PAID TO STAUBACH IN CONNECTION WITH ANY ACQUISITION OF THE UNIVERSITY OF MIAMI'S LEASEHOLD INTEREST; FURTHER ESTABLISHING THE COMMISSION RELATED TO A NEW LEASE FOR ANY REDEVELOPMENT OF THE PROPERTY AT A RATE OF 1.5% OF THE FIRST $15 MILLION OF LAND VALUE USED TO CALCULATE THE GROUND LEASE PAYMENTS AND 3% OF LAND VALUE IN EXCESS OF $15 MILLION; SAID FEES TO BE PAID ONLY UPON CONSUMMATION OF THE RESPECTIVE TRANSACTION; WITH FUNDS IN THE AMOUNT OF $250,000 ALLOCATED UNDER B#70500 AND WITH TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A'. 07-00872 Legislation.pdf 07-00872 Exhibit 1.pdf 07-00872 Exhibit 2.pdf 07-00872 Summary Form.pdf CONTINUED Item RE.20 was continued to the Commission meeting currently scheduled for September 13, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE VIRGINIA KEY BEACH PARK TRUST TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BEA INTERNATIONAL/HUFF + GOODEN ARCHITECTS, LLC, THE TOP RANKED FIRM, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-081, TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, IN AN AMOUNT NOT TO EXCEED ONE MILLION, FOUR HUNDRED AND SIXTY THOUSAND DOLLARS ($1,460,000), FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM PROJECT, B-30508 (THE City ofMiami Page 146 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 "B-30508 PROJECT"); ALLOCATING FUNDS FROM THE B-30508 PROJECT, CONSISTING OF FUNDING FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND OTHER FUNDING SOURCES AS MAY BECOME AVAILABLE, SUBJECT TO BUDGETARY APPROVAL. 07-00875 Legislation.pdf 07-00875 Exhibit 1.pdf 07-00875 Summary Form.pdf 07-00875 Text File Report 1.pdf 07-00875 Text File Report 2.pdf 07-00875 Funding Breakdown.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0402 Vice Chairman Sanchez: RE.21 is the Virginia Key Trust. I'm prepared to make a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Commissioner Spence -Jones: Discussion, quick little discussion. Chairman Gonzalez: We have a motion, and we have a second. There's discussion. Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: Just a comment. Chairman Gonzalez: OK. Commissioner Spence -Jones: I second it. Chairman Gonzalez: You're recognized. Commissioner Spence -Jones: I just wanted to -- I know there's -- Priscilla A. Thompson (City Clerk): I'm sorry. Your microphone isn't on. Commissioner Spence -Jones: Thank you, Madam Clerk. Just for -- this is really a question for Larry. I see David Shorter's here from the Virginia Key Beach Trust. I don't know if he has anything that he wants to say, but definitely, I support Virginia Key Beach Park and Museum, but, you know, I've been singing the same song for almost a year now asking that the Manager and that CIP (Capital Improvements Program), whoever we need to do, work along with Virginia Key Beach to at least come up with some sort of plan as to how this building, once built, is going to operate. I'm saying this over and over again because museums are having an extreme -- it's extremely difficult for them to operate, and extremely difficult for African American museums, and I've gone and seen at least three or four of them across the country to kind of look at how they're built, and how they're maintained and, you know, how they operate, and I know that you have some things put in place, but you've also requested for us to have the City Manager identify someone to work along with you to do that. Has that happened yet, Mr. Shorter? City ofMiami Page 147 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 David Shorter: David Shorter, Virginia Key Beach Park Trust. Commissioner, we have had several meetings with the Manager's Office and Mr. Spring on this subject matter. We have not come to a conclusion, but we have had lots of discussion -- Commissioner Spence -Jones: Right, and -- Mr. Shorter: -- and we will come to a conclusion. Commissioner Spence -Jones: -- I know it's not that because you have not asked over the last year and a half because I keep bringing it up every time I have Virginia Key Beach on here for us to identify someone that's going to work with them in order to do that. I know we're -- today is a different item. We're approving -- Mr. Shorter: Yes. Commissioner Spence -Jones: -- you know, the architects and engineers, I'm assuming, to get started on the project, but we don't want to have the building built and -- you know, I'm dealing with the same thing with the Lyric, which is not really our project, but you know, they can't open during the week because they don't have no money to operate. There was no plan put in place, so -- Pedro G. Hernandez (City Manager): Commissioner, we plan to have that expert, that specialist to help us on the economic sustainability before the first line goes on paper by the architect. Commissioner Spence -Jones: OK -- Mr. Hernandez: OK. Commissioner Spence -Jones: -- so are you comfortable with that, Mr. Shorter? Did you hear what he just said? Mr. Shorter: I am not sure. Can you repeat that, please? Mr. Hernandez: Well, what I'm saying is that the Commissioner has been rightly concerned for a long time about having somebody help -- the Administration help the -- work with the consultant that is doing the Virginia Key Master Plan effort and this project, in making sure that whatever is built there, whatever is developed -- Commissioner Spence -Jones: It can sustain itself. Mr. Hernandez: -- can sustain itself -- Commissioner Spence -Jones: That's only, you know -- Mr. Hernandez: -- and we wanted -- Mr. Shorter: Exactly. Mr. Hernandez: -- to have an economic consultant, somebody to help us help the Virginia Key Master Plan folks, help you, our team in making sure that whatever we design is something that, once built, can sustain itself. Mr. Shorter: Exactly, but your comment about before the first line is written was what was concerned about. City ofMiami Page 148 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: Well, in essence, today the Commission, hopefully, will be approving the -- Commissioner Spence -Jones: Yeah, we're approving it. Mr. Hernandez: -- architect, right? Mr. Shorter: Yes. Mr. Hernandez: You have to do the insurance, the notice to proceed, et cetera. He probably won't be working until about another 30, 45 days. Mr. Shorter: About 30 days. Mr. Hernandez: In those 30 days, we should be able to have this person on board. Mr. Shorter: OK -- Commissioner Spence -Jones: Yeah -- Mr. Shorter: -- agree with that. Commissioner Spence -Jones: -- and I don't want to stop your progress, so let's be very clear because I'm hearing you zeroing in on that. Mr. Shorter: Yeah. Commissioner Spence -Jones: Mr. Manager, I'm not saying that I don't want you to go head [sic] and do what's necessary. Be clear on that. Mr. Hernandez: No, butt want to have -- Commissioner Spence -Jones: I'm just simply saying -- Mr. Hernandez: -- that deadline. Commissioner Spence -Jones: -- to the both of you that, please, I've only been asking for this for two years. Mr. Shorter: Exactly. Commissioner Spence -Jones: Little Haiti Park is going to be completed, and you know, we still don't know what we're going to do in it, you know -- Mr. Shorter: Yes, ma'am. Commissioner Spence -Jones: -- so I don't want to have the same thing with something that we're spending a lot of money to complete, so -- Larry Spring (Chief Financial Officer): Duly noted. Commissioner Spence -Jones: That's it. Chairman Gonzalez: All right. City ofMiami Page 149 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 RE.22 07-00836 Department of Capital Improvements Program Commissioner Spence -Jones: Thank you, Mr. Chairman. Chairman Gonzalez: We had a motion, and we had a second. That conclude the discussion? All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ESTABLISHMENT PURSUANT TO THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT ("CCNA") UNDER FLORIDA STATUTE SECTION 287.055 AND SECTION 18-87 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED (THE "CODE"), OF AN ONGOING COMPETITIVE SOLICITATION PROGRAM BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS AND TRANSPORTATION ("DEPARTMENT"), FOR THE PURPOSE OF ESTABLISHING A CONSTRUCTION CONSULTANT PRE -QUALIFICATION PROGRAM (THE "PROGRAM"), FOR A REVOLVING POOL OF QUALIFIED CONSULTANTS WITHIN THE CONSTRUCTION RELATED DISCIPLINES OF ARCHITECTURE, ENGINEERING, LANDSCAPE ARCHITECTURE, SURVEYING AND MAPPING SERVICES (THE "PROGRAM PARTICIPANTS"); ESTABLISHING THAT THE DEPARTMENT WILL PROVIDE FOR FUTURE CITY COMMISSION APPROVAL THE TERMS,CONDITIONS AND FORM OF A MASTER AGREEMENT TO BE UTILIZED TO MANAGE THE PROGRAM PARTICIPANTS; FURTHER AUTHORIZING THE DEPARTMENT TO ADMINISTER THE PROGRAM AND THE CITY MANAGER AND THE DEPARTMENT TO ISSUE THE ONGOING COMPETITIVE SOLICITATION FOR SAID PROGRAM WITH FUNDING FOR SUCH PROGRAM TO BE IN AMOUNTS NOT TO EXCEED FUNDS AVAILABLE AT THE TIME OF NEED FROM THE BUDGETS OF VARIOUS CAPITAL PLAN PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AND TO COMPLIANCE WITH THE CCNA AND THE CODE. 07-00836 Legislation.pdf 07-00836 Summary Form.pdf 07-00836 Statutes.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0403 Chairman Gonzalez: RE.22, establishing a construction consultant Pre -Qualification [sic] Program. Ola O. Aluko (Director, Capital Improvements Program): Good afternoon. This is a resolution for the Commission to accept, or to establish, rather, a prequalification program for our architects and engineering consultants. Basically, this program, very similar to the item that went up earlier, will create a pool of architects and engineers so that they can meet the minimum qualifications to -- in order to do business with the City. Chairman Gonzalez: All right. Is there a motion on that? Commissioner Sarnoff So moved. City ofMiami Page 150 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Second with -- Chairman Gonzalez: We have a motion, and we have a second. Vice Chairman Sanchez: I just have a question on -- and second. The contracts will be up to one million per job, right? Mr. Aluko: That is -- Vice Chairman Sanchez: Ballpark figure. Mr. Aluko: -- the construction contract, exactly, not their contract. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: Wait, wait, wait. One of the -- what's the spending limit on these contracts? Is it a million or is it two hundred thousand? Mr. Aluko: They are tiered in the sense that -- let me get my assistant director. Gary. Gary Fabrikant (Assistant Director, Capital Improvements Program): I'm sorry, Commissioner. Could you repeat the question, please? Vice Chairman Sanchez: There's a spending limit on these contracts, right? Mr. Fabrikant: Gary Fabrikant, assistant director of Department of Capital Improvements. There's a restriction within the Florida Statute that the Manager mentioned earlier that -- Vice Chairman Sanchez: You know what? Let me have a copy of that Florida Statute. Please, can you provide that so I could read it at lunchtime? Mr. Fabrikant: 287.055. The -- there's a limit for miscellaneous service contracts under the statute. If you're awarding miscellaneous service contracts, they can't be -- under that provision, if they exceed a million dollars in construction value or fifty thousand dollars within a study. For this program, there is no threshold at all. It's just that the consulting firms meet the minimum requirements of the City. When there's a one-time solicitation for consultant, there is no limitation. It's only on the miscellaneous provision within that Florida Statute. Chairman Gonzalez: Any further questions? Vice Chairman Sanchez: No. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: RE.23, a settlement agreement, Poinciana Village ofMiami, Ltd. Pedro G. Hernandez (City Manager): Sir -- Vice Chairman Sanchez: That -- City ofMiami Page 151 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Hernandez: -- 23 and 24 -- Vice Chairman Sanchez: -- been pulled. Mr. Hernandez: -- were deferred, at the beginning of the meeting, to 7/26. Chairman Gonzalez: 23 and 24? Mr. Hernandez: Yes. Chairman Gonzalez: OK. Vice Chairman Sanchez: All right. Let's recess. RE.23 07-00565 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SETTLEMENT AGREEMENT, DATED AS OF JANUARY 27, 2005, AND APPROVED BY RESOLUTION NO. 05-0076, ADOPTED JANUARY 27, 2005, IN THE CASES OF CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9. 07-00565 Legislation .pdf 07-00565 Exhibit .pdf 07-00565 Cover Memo.pdf Andrew Geo Miami City Hall compressed 070505.ppt 20070501103647.pdf cover 02-28-07 Layoutl (1).pdf INDEX.pdf NOTES 02-28-07 - Amendment Layoutl (1).pdf X-SITE PLAN 02-28-07 - Amendment A-1.1.pdf 20070501103647.pdf DEFERRED Item RE.23 was deferred to the Commission meeting currently scheduled for July 26, 2007. RE.24 07-00893 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT IN THE CASE OF MIAMI-DADE COUNTY VS. THE CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, CASE NO. 01-13810 CA (08), IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL COURT OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EXTEND THE REVERTER DATE FOR BLOCKS 36, 45 AND 56 IN OVERTOWN, AND TO PROVIDE THAT COMMENCEMENT OF CONSTRUCTION OF DEVELOPMENT ON ANY BLOCK SHALL DIVEST THE COUNTY OF ANY REVERSIONARY INTEREST IN THAT BLOCK. 07-00893 Legislation.pdf 07-00893 Cover Memo.pdf City ofMiami Page 152 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 DEFERRED Item RE.24 was deferred to the Commission meeting currently scheduled for July 26, 2007. RE.25 07-00894 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (COLLECTIVELY "CRAS"), THE CITY OF MIAMI, THE CHILDREN'S TRUST, MIAMI-DADE COUNTY AND MIAMI-DADE COUNTY, FOR THE PURPOSE OF ESTABLISHING THE USE OF INCREMENTAL TAX REVENUES DERIVED FROM THE HALF -MIL TAX LEVIED BY THE CHILDREN'S TRUST, MIAMI-DADE COUNTY AGAINST REAL PROPERTY LOCATED WITHIN THE CRA'S REDEVELOPMENT AREAS. 07-00894 Legislation.pdf 07-00894 Exhibit 1.pdf 07-00894 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0404 Chairman Gonzalez: All right. RE.25, interlocal agreement, Children [sic] Trust. James Villacorta: James Villacorta, executive director of the City ofMiami Community Redevelopment Agencies. This resolution authorizes the Manager to enter into an agreement with the Children's Trust to pay over the half -mil tax that the Trust generates within the CRA (Community Redevelopment Agency) areas. Chairman Gonzalez: All right. Commissioner Regalado: I thought we -- Commissioner Spence -Jones: Yes. Commissioner Regalado: -- already -- we already did that. Mr. Villacorta: The City has not done that; the redevelopment agencies have. Commissioner Regalado: The redevelopment agency has -- Mr. Villacorta: Yes. Commissioner Regalado: -- and the City has kept how much? Mr. Villacorta: The City has not received the money. The money has been paid to the Children's Trust. This agreement, what it does is allows the Trust to receive the money without the City receiving a proportionate share of the redevelopment funds that are being rebated to the Trust. Vice Chairman Sanchez: Right. City ofMiami Page 153 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: And the funds from this will be -- will stay within the CRA -- Mr. Villacorta: Yes. They -- Commissioner Spence -Jones: -- area? Mr. Villacorta: -- have to be spent within the Omni and Overtown redevelopment areas. Commissioner Spence -Jones: Mr. Manager, I just want to ask you really quickly, if you don't mind. Do we have to also bring this in front of the City too? I was told that this had to be done for the July 18 -- in front of the CRA. Pedro G. Hernandez (City Manager): Well, in front of the -- I believe it also has to go before the CRA. Mr. Villacorta: It has already come in front of the CRA. Mr. Hernandez: Already? Mr. Villacorta: Yes. It needs -- Commissioner Spence -Jones: OK -- Mr. Villacorta: -- to come in front of the City. Commissioner Spence -Jones: -- because I know you mentioned that we needed to add it. Mr. Hernandez: Right, so it has, so -- Commissioner Spence -Jones: Yeah. Mr. Hernandez: -- in essence, by the City, hopefully, taking action -- Commissioner Spence -Jones: They don't have to -- Mr. Hernandez: -- today -- Commissioner Spence -Jones: -- bring it back. Mr. Hernandez: Yes. Commissioner Spence -Jones: OK. Mr. Villacorta: Right. Commissioner Regalado: And how do you going to make sure that the money remitted to the Children's Trust will be used within the CRA boundaries -- Mr. Villacorta: We would -- Commissioner Regalado: -- by the Children --? Mr. Villacorta: -- have to audit their spending. There's -- City ofMiami Page 154 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: Can we put a program together for them to -- I mean, some sort of program together to say that this is how we want to --? Mr. Villacorta: Yeah, the agreement provides that the half -mil that's generated, which would normally come to the CRA, will come to the CRA. If we don't need it to pay our bonds or other debts, we will return it to the Children's Trust, and they will spend it within the respective CRAs, the Omni and the Overtown CRA. We would have to monitor that spending. Typically, people come to the Trust for grants, and the Trust -- Commissioner Regalado: That's what I'm saying. Mr. Villacorta: -- funds those grants. Commissioner Regalado: That's what I -- exactly what I'm saying. The -- Commissioner Spence -Jones: I think we -- Commissioner Regalado: -- Children -- Commissioner Spence -Jones: -- need to put a program together. That's what he's basically saying. You need -- we need to come to them saying what we want them to do. Commissioner Regalado: Who sits on the Children [sic] Trust in behalf of the City? We don't know? Mr. Villacorta: I'm not sure who is on the Trust. I mean, they have a large board. I'm not sure. Commissioner Regalado: They have two County Commissioners sitting there; Commissioner Barbara Jordan, and I think, Commissioner Natacha Seijas. They sit on the Trust, but we don't have a Trust member on the City ofMiami. Mr. Hernandez: Commissioner, I don't think that the City has a representative -- Commissioner Regalado: No. Mr. Hernandez: -- on that board, and maybe we should. Definitely, I agree with you. Commissioner Regalado: I'm saying I know the City doesn't have a seat there, but in looking at this -- and a lot of money will be generated from the CRAs -- through the CRAs to the Children [sic] Trust. Looking at this, I'm just saying -- and you know, there -- it's very easy to do it. I just think that we should go there, be proactive. The Children [sic] Trust is very open agency, and they -- I'm sure that they would accept some proposals. Commissioner Spence -Jones: Mr. -- Commissioner Regalado, I definitely will make sure that there's a meeting that's pulled together with Dave Lawrence that's over the Children's Trust to at least express our need or our concern with having some sort of participation of either a Commissioner being on that Trust or for us to come up with a program plan for what we'd like to see happen in the overall area, so Commissioner Regalado, I would definitely take the lead in making sure that we reach out to David on that. Mr. Villacorta: I mean -- Chairman Gonzalez: All right. Mr. Villacorta: -- they would be in breach of the agreement if they were not to spend the monies City ofMiami Page 155 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 within the two CRAs. Commissioner Spence -Jones: Yeah, but he's just saying let's not depend on them doing it. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Let's be proactive. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: OK, motion carries. Parrot Jungle is going to -- Vice Chairman Sanchez: This afternoon. Chairman Gonzalez: -- be heard in the afternoon. RE.26 07-00895 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTICIPATION AGREEMENT AND AN ASSUMPTION OF LOAN GUARANTEE ASSISTANCE AND LIABILITY AND PLEDGE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), PROVIDING FOR THE CITY OF MIAMI'S ("CITY") ASSUMPTION OF EIGHTY PERCENT (80%) OF MIAMI-DADE COUNTY'S ("COUNTY") LIABILITY UNDER THE SECTION 108 LOAN USED BY THE COUNTY, TO FUND A $25,000,000, LOAN TO PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), AND ALL OTHER DOCUMENTS AS MAY BE REQUIRED IN CONNECTION TO SUCH ASSUMPTION, SUBJECT TO CITY ATTORNEY APPROVAL; WAIVING SATISFACTION OF THE CONDITIONS PRECEDENT TO SUCH ASSUMPTION SET FORTH IN THE JOINT PARTICIPATION AGREEMENT DATED SEPTEMBER 9, 1998, BETWEEN THE CITY AND THE COUNTY; FURTHER CONSENTING TO THE MODIFICATION OF THE TERMS OF THE LOAN FROM THE COUNTY TO PARROT JUNGLE, AS MORE SPECIFICALLY DESCRIBED HEREIN. 07-00895 Legislation.pdf 07-00895 Exhibit 1.pdf 07-00895 Exhibit 2.pdf 07-00895 Exhibit 3.pdf 07-00895 Exhibit 4.pdf 07-00895 Exhibit 5.pdf 07-00895 Exhibit 6.pdf 07-00895 Exhibit 7.pdf 07-00895 Exhibit 8.pdf 07-00895 Summary Form.pdf City ofMiami Page 156 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0405 Chairman Gonzalez: Resume the meeting. We're taking Parrot Jungle, which is RE.26. Larry Spring (Chief Financial Officer): I'm right here. Chairman Gonzalez: OK. Mr. Spring: Mr. Chair, before you is a resolution authorizing the City Manager to execute the participation agreement and the assumption of loan guarantee, pursuant to the City's JPA (Joint Participation Agreement) from 1998 between the City, the County, and Parrot Jungle. The -- I wanted to go through some of the more salient points of the loan assumption. First -- Vice Chairman Sanchez: But -- whoa, whoa, whoa, whoa. This is a substitute, right? That has - Mr. Spring: We do have a -- Vice Chairman Sanchez: -- just been handed out. Unidentified Speaker: I have just distributed. Vice Chairman Sanchez: Why don't -- Mr. Spring: You just received -- my apologies. Vice Chairman Sanchez: Well, listen. I -- as always, I don't appreciate, at the last second before we vote on issues, these substitutes, guys. Mr. Spring: And if you will allow me. The substitution is to clarify a couple of points that were left out of the term sheet. The terms which I briefed you on are exactly the same. We just clarified the writing of the resolution, so if you will allow me to go through it. The first point is the City is agreeing to assume the 80 percent of the $25 million HUD (U.S. Department of Housing and Urban Development) 108 loan from the County. As part of that loan assumption, the City is agreeing to a deferral period, which will commence on August 26, which will include the payments that were authorized by the City Commission back late last summer, totaling $17.2 million, and that deferment amount will be deferred until the loan -- the original loan maturity, which is 20 -- in the year 2020. Upon the repayment in full of the principle amount of the $25 million HUD 108 loan, this deferred amount will commence amortizing, with a five percent interest over a ten-year period. That is one of the -- and that point is one of the clarifications that was made in this resolution that we changed. In addition, the County has agreed to either waive or rectify all default issues that were obstacles prior to now, which is why this assumption had been made prior to this date. In particular, the issue of the aviary $2 million payment that was required on the original loan agreement with Parrot Jungle and the County, that aviary contribution of $2 million has been deferred until the end of the original loan maturity on this loan, which is 2020. In addition, the County also provided Parrot Jungle with a $4.7 million loan to cure payment defaults they had prior to the August 26 date. That loan has also been deferred, and it is subordinate to the debt that you have here -- the $25 million principal debt, and will be -- re -- will be repaid after the 2020 maturity date of this original loan. The only other issue at hand, I believe -- or two issues, I should say, was the fact that the other condition City ofMiami Page 157 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 was that the loan documents be assigned to the City as a part of this assumption. That cannot happen because the loans docs - the loan documents have been assigned to HUD, so we are waiving that provision of this item. With regards to how the City will make its payment during the deferred period, we have identified, based on the Commission directive, two sources of revenue; our public service tax, which is currently used to pay debt on the Knight Center, and our TDT, which the County Commission has agreed to now release to the City as -- basically, it's subject to this negotiations. Vice Chairman Sanchez: Bed tax. Mr. Spring: The bed tax, so we've identified the funds that we will need to pay the deferred payments for the deferment period, and I would respectfully request the Commission's approval of the item. Commissioner Sarnoff How much do we get on the bed tax on a monthly basis? Mr. Spring: On a month -- on a annual basis -- Commissioner Sarnoff Annual. I could -- Mr. Spring: -- I should say annual basis, our allocation, as of last record, was about $2.3 million. Because of additional capacity now, I think everybody has realized, of new beds being provided in the City, I think our capacity is a little bit higher, probably another million dollars higher than that figure, as of -- Commissioner Sarnoff Wow. Mr. Spring: -- to date, but I have to get that verified through the County. Commissioner Sarnoff And they've been holding this up since -- how long have we not been receiving the bed tax? Mr. Spring: No. What they -- the County passed -- Commissioner Sarnoff Or explain it to me. Maybe -- Mr. Spring: -- they passed an ordinance last year whereby they have to approve the expenditure of the TDT. They sent notification to the City, and then they determined where we spend our funds. Last year, they decided that the funds would go to the Performing Arts Center, the Miami -Dade Auditorium, Vizcaya, and one other County -run facility that is in -- within the City ofMiami boundaries, so it conforms to the letter of the law because the funds were used in the City, but was used on facilities that they manage or own, and they've agreed to overturn that ordinance. Commissioner Sarnoff So I understand you correctly, they're going to allow us to no longer use the bed tax for the PAC (Performing Arts Center), Vizcaya --? I forgot the third place. Mr. Spring: What -- we will be able to determine the use of the bed tax. Commissioner Sarnoff But you're determining the use would be to pay for the 25 million loan, right? Mr. Spring: The -- during the deferment period, yes, and there's a payment schedule in the back of this document. The City's portion is approximately $2.1 million on an annual basis for the next six years. City ofMiami Page 158 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff Two point how much? Mr. Spring: Two point one million. Commissioner Sarnoff For how many years? Mr. Spring: For a six year deferment period. Commissioner Sarnoff Does that address -- or does that amortorize [sic] principle or is that only interest? Mr. Spring: That is interest. It's interest. Commissioner Sarnoff Interest only? Mr. Spring: Yes. It -- a small -- excuse me, and I need to clarify. Parrot Jungle folks are here. It is a small amount of principle, as well, in the amortization, but mainly principle -- I mean -- Commissioner Sarnoff And then you said there --I apologize for anybody -- Vice Chairman Sanchez: No. Commissioner Sarnoff -- and you said there was a second source of funding -- Mr. Spring: PSTs -- Commissioner Sarnoff -- bed tax? Mr. Spring: -- Public Service Tax. Commissioner Sarnoff And how much does that come to on an annual --? Mr. Spring: That revenue is about $30 million a year, and we use it currently to pay down debt on the Knight Center, so we would add this as a portion -- either all of it or a portion of it to pay down that -- pay down this debt during the deferment period. Commissioner Sarnoff OK. The other -- I apologize for taking anyone's time, but the other thing I didn't quite understand is there's a -- we are going to loan them an additional 4.2 million? Mr. Spring: No, no, no, no, no. No. The County loaned Parrot Jungle an -- Commissioner Sarnoff Four -- Mr. Spring: -- additional 4.7; City has nothing to do with that debt. Commissioner Sarnoff We will not be -- Mr. Spring: We have nothing to do with that debt whatsoever, and the County has agreed to make that debt subordinate to the principal debt, which is the -- Commissioner Sarnoff Twenty-five million. Mr. Spring: -- HUD -- the 25 million. City ofMiami Page 159 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Sarnoff OK. I think understand it. Thanks. Chairman Gonzalez: Any further questions? Vice Chairman Sanchez: No. Chairman Gonzalez: Is there a motion on the item? Vice Chairman Sanchez: Why don't we wait for the other Commissioners to get here on the item? Chairman Gonzalez: All right. We are ready to -- Vice Chairman Sanchez: The Parrot Jungle issue, Commissioner. Commissioner Regalado: Yeah. Chairman Gonzalez: You have any questions, Commissioner Regalado? Commissioner Regalado: Yes, I do. Maybe Larry can help me, and we discuss this. We -- the executive director ofMiami Sports and Exhibition Authority has convene a meeting of the Authority to -- for July 31 -- Mr. Spring: OK. Commissioner Regalado: -- which, by the way, we have -- they have many issues, the heliport and all that, and MSEA (Miami Sports and Exhibition Authority) hasn't met for one year, so as we discuss, what is the possibility of using MSEA funds? Mr. Spring: The TDT? Commissioner Regalado: The CDT [sic], exactly -- Mr. Spring: Yeah, we -- Commissioner Regalado: -- in order to -- Mr. Spring: -- put that on the record that -- Commissioner Regalado: Yeah. Mr. Spring: -- we were using that. Commissioner Regalado: No, I understand that, but I'm talking about MSEA. I'm not even talking about the ones -- Mr. Spring: That we get. Commissioner Regalado: -- coming directly -- Mr. Spring: To the City. Commissioner Regalado: -- to the City. I'm talking about the ones on MSEA. City ofMiami Page 160 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Spring: It is a possibility, and it's something that we have to take before the MSEA Board because the project does sit on the Watson Island, which is MSEA property. Commissioner Regalado: And that is my point;; the fact that it sits on Watson Island and MSEA - - it's own part of Watson Island, so it is important because maybe MSEA can participate with Jungle Gardens in terms of some kind of projects, and we have the principals here. I think it's important because that is a project that the City took, that the voters approve, and it's something that is our responsibility, and we need to get some kind of a joint project, and maybe Dr. Levine can speak to that. As you know, I have seen e-mails (electronic) and faxes that City employees sometime get discount sometimes and all that, but my question is, what can we do for the residents ofMiami in the new era of Jungle Gardens now in terms of any kind of relief for residents, for schoolchildren and the residents, families? Is there the possibility that we could have maybe three or four days a year where -- Vice Chairman Sanchez: We do that already. Commissioner Regalado: -- City ofMiami residents will be able to pay half or less of half? What are your ideas? Ronald Krongald: Well, Commissioner, first of all, just -- Vice Chairman Sanchez: Name and -- Chairman Gonzalez: We need your name and address. Vice Chairman Sanchez: -- address. Mr. Krongald: Excuse me? Vice Chairman Sanchez: Name and address, please. Mr. Krongald: Oh. Ronnie Krongald, at 130 South Hibiscus Drive. With regard to your question, we've been very mindful, through these four years, the Parrot Jungle, of our relationship with the City ofMiami, and in fact, the City employees get a 50 percent discount throughout the whole entire year; that's one thing. The second thing is we have been bringing students through -- to answer your question first and then come back, we will consider a number of programs to more enhance what we've already been doing with the Parrot Jungle for the citizens of the City ofMiami because we certainly appreciate what not only Miami's doing, the County's doing, but specifically, Miami because Miami's really leading the charge in this, and we understand what you're doing, and we appreciate it. What we've been doing, as I was saying, is we've been giving a very reduced rate to students on an ongoing basis, and we'll have over a hundred thousand students that'll come to the Parrot Jungle this year, and we also, which is another faction which we'll now be able to advertise more because we'll have the funds to do it, is that when they come, portion of what they see applies to their FCAT (Florida Comprehensive Assessment Test) training, so they can actually apply as credit towards FCAT some of the things they see in the Everglades exhibit and so forth and so on. With regard to -- Commissioner Regalado: Is that falls [sic] within science? Mr. Krongald: Sci -- yes, yes. Commissioner Regalado: Because they flunk science, that's all of them then. No, but -- and I understand, and this is important, but remember, you were here when we were here during that referendum, and Dr. Levine was here, too, and the people ofMiami went and voted for Parrot Jungle then, and the people ofMiami I think that supported that project as a priority, and they City ofMiami Page 161 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 were very proud of doing that and moving from Pinecrest to Watson Island, and I remember all the discussions and everything, and I -- and this is a City ofMiami. This -- it is -- of course, the County has a large role, but this is a City ofMiami project, so much so that we're paying, but it is important to give or to create some kind of program for the residents of the City ofMiami, because it is -- I mean, it's not that every resident will want to go to Jungle Gardens like every Saturday, but I think that at least once in their lifetime many elderly residents of HUD buildings in the City ofMiami or people that are getting welfare or Medicare, you know, once in their lifetime, they should be given the possibility of visiting Jungle Gardens, because it is our Disney World. We don't have anything else but Jungle Gardens, and it's a signature park for all of us, but especially in the City ofMiami, and that was my point. Everybody is proud of that, and you know, I've seen -- and I have talked to people who said, hey, you know, I heard that it's beautiful, but you know, I can't -- I don't have the money. It's like going to the Performing Arts but having more fun in terms of costs, and this is why -- and I know that you guys, both of you are, understand the City ofMiami and its residents, so that was my point. Mr. Krongald: Well, first of all, thank you very much for your kind remarks. We've tried to make it a keystone of what Miami's all about, and we're very proud, notwithstanding some of the difficulties we've had financially, what we've done and what we're doing. With regard, again, to your concerns for the citizens of the City ofMiami, first of all, a bird was whispering in my ear, and I'm a hundred percent in agreement; all City employees will come to the Parrot Jungle free of charge, so that's number one. Number two, we will do something in behalf of the City -- the citizens of the City ofMiami within the next couple of months that take into consideration your request that you'll be very happy with. It will be either a very, very reduced fee, or a day with an opportunity to come, for those that can't afford it, that's something even better than that, which we can't go much better, but understand, part of it is we have to pay our -- the -- Commissioner Regalado: No. I -- Mr. Krongald: -- our obligations, but -- Commissioner Regalado: -- and we all know -- Mr. Krongald: Yeah -- Commissioner Regalado: -- that, but this is -- Krongald: -- but we will take -- the sentiment that you've expressed, we feel very strongly about, and when you make a request, we take that into consideration very strongly, so I can say right now we'll -- we will comply with your request because we want to, also. Commissioner Regalado: Well, thank you -- Krongald: You're very welcome. Commissioner Regalado: -- and I will not continue any -- half an hour more and we get a dinner free -- Mr. Krongald: Absolutely. Commissioner Regalado: -- for everyone there, you know, but thank you. Mr. Krongald: Yes. Commissioner Regalado: I think it's important. This is a City ofMiami park -- City ofMiami Page 162 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Mr. Krongald: Right. Commissioner Regalado: -- and this is an event for people that don't have the means to pay -- Mr. Krongald: We will -- Commissioner Regalado: -- that they will always remember. Mr. Krongald: -- well, we will do it, as I said, and -- you know, I didn't give the statistics, but one of the big things we do at the HUD alone is we're employing a number of City ofMiami people that might not otherwise be employed. We're way ahead of the numbers we're supposed to be on employment. We're supplying 2,000 room nights a year to the hotels within the City, and we've been on Good Morning America. We've been on national TV (Television). Just about every other month, we're on once or twice, and it's from the City ofMiami, and it's something that you can be proud of. It's not a -- it's a -- in fact, with the liger, and with the crocodile, we have other -- additional -- Today Show, the NBC (National Broadcasting Corporation), OK, in my ear, but we will con -- Commissioner Regalado: It has a higher rating than Good Morning America. Mr. Krongald: -- but we thank you for your sentiments, and as I said, we're going -- we'll comply a hundred percent. We thank each and every one of the Commissioners because we know each one of you have wished us well and are trying to help us make this a successful project, not only for ourselves, but also for the City. Chairman Gonzalez: Thank you, Mr. Krongald. Mr. Krongald: Thank you. Chairman Gonzalez: All right. Are we ready to -- is anybody ready to make a motion on the item? Commissioner Sarnoff Yeah. I'll make a motion to approve it. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Sorry? Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed? All right. Priscilla A. Thompson (City Clerk): And it is -- Chairman Gonzalez: It's unanimous. Ms. Thompson: -- adopt -- Chairman Gonzalez: It's a four fifth -- City ofMiami Page 163 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Thompson: -- as modi -- Chairman Gonzalez: Pardon me? Ms. Thompson: -- as modified. No. As -- Commissioner Sarnoff Modified. Ms. Thompson: -- modified. Chairman Gonzalez: As modified, yes, ma'am. Mr. Spring: Thank you. City ofMiami Page 164 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 BOARDS AND COMMITTEES BC.1 07-00249 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES:: NOMINATED BY: Commissioner Michelle Spence -Jones (appointed seat) Commissioner Michelle Spence -Jones (elected seat) Commissioner Michelle Spence -Jones (youth member) Commissioner Michelle Spence -Jones (youth member) 07-00249 memo.pdf 07-00249 members.pdf 07-00249 Letter.pdf 07-00249 applications.pdf CONTINUED Priscilla A. Thompson (City Clerk): BCs (Boards and Committees)? Vice Chairman Sanchez: Oh, we're in BC? OK. Yeah, we're making progress here. OK. BC first -- why don't we wait -- Commissioner Spence -Jones has all four of these appointments. We'll skip that and we'll come back to her. "[Later...]" Vice Chairman Sanchez: All right. Commissioner Spence -Jones, why don't we go back to BC.1; you have appointments on that, and that's the Overtown Advisory Board? Commissioner Spence -Jones: Yeah. I'm actually deferring all of my -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- appointments. Vice Chairman Sanchez: You have four appoint -- you're deferring all? Commissioner Spence -Jones: I'm deferring them. Yeah. BC.2 07-00506 RESOLUTION City ofMiami Page 165 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Frank K. Rollason Commissioner Tomas Regalado 07-00506 memo.pdf 07-00506 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0408 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to appoint Frank K. Rollason as a member of the Miami Sports and Exhibition Authority. Vice Chairman Sanchez: BC.2. BC.2 is a resolution of City ofMiami Commission appointing certain individuals as members of the Miami Sports & Exhibition Authority. The Chair has an appointment; Commissioner Regalado has an appointment. Commissioner Regalado: I'll nominate Frank Rollason. Vice Chairman Sanchez: Frank Rollason? Commissioner Regalado: Yeah. Vice Chairman Sanchez: OK. There's a motion to appoint Frank Rollason. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a second. Does he need any waivers? I don't think so. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" OK, and we'll get back to Michelle. "[Later...]" Vice Chairman Sanchez: Then we go to BC.2, and that's the MSEA (Miami Sports & Exhibition Authority). I believe you have two. Commissioner Spence -Jones: I'm deferring all of my appointments. Vice Chairman Sanchez: Deferring. All right. BC.3 07-00681 RESOLUTION City ofMiami Page 166 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00681 memo.pdf 07-00681 members.pdf CONTINUED NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Vice Chairman Sanchez: All right. BC.3, it's the Codesignation Review Committee for the Miami streets. I don't have an appointment. Chairman Angel Gonzalez does not. Do you want to go back --? Priscilla A. Thompson (City Clerk): Yes, sir. I'm sorry. Sir, you do have an appointment. Vice Chairman Sanchez: Who? Ms. Thompson: There's a vacancy. Vice Chairman Sanchez: Yeah, but I don't have anybody, and nobody's interested in it. Ms. Thompson: I'm sorry? Vice Chairman Sanchez: I -- defer. Ms. Thompson: Thank you. BC.4 07-00682 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Vice Chairman Sanchez of the Bayfront Park Management Trust Vice Chairman Sanchez of the Downtown Development Authority Commissioner Spence -Jones of the Midtown Community Redevelopment Agency Chairman Gonzalez of the Orange Bowl Advisory Board City ofMiami Page 167 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies Commissioner Spence -Jones of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: Vice Chairman Sanchez of the Mayor's International Council Commissioner Sarnoff of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies Commissioner Regalado of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: Commissioner Spence -Jones of the Miami -Dade County League of Cities Commissioner Sarnoff of the Florida League of Cities Commissioner Spence -Jones of the Greater Miami Convention and Visitors Bureau Commissioner Sarnoff of the Metropolitan Planning Organization (MPO) Vice Chairman Sanchez of the Miami River Commission Chairman Gonzalez of the Miami -Dade County Tourist Development Council Commissioner Spence -Jones as an ex-officio, nonvoting member of the Miami -Dade HIV/AIDS Partnership 07-00682 memo.pdf 07-00682 History.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-041 2 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and City ofMiami Page 168 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 was passed unanimously, with Chairman Gonzalez absent, to appoint Vice Chairman Sanchez as Chairperson of the Bayfront Park Management Trust. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Vice Chairman Sanchez as Chairperson of the Downtown Development Authority. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Spence -Jones as Chairperson of the Midtown Community Redevelopment Agency. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Chairman Gonzalez as Chairperson of the Orange Bowl Advisory Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Spence -Jones as Chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Spence -Jones as Chairperson of the Commercial Solid Waste Management Advisory Committee. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Vice Chairman Sanchez as Vice Chairperson of the Mayor's International Council. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Sarnoff as Vice Chairperson of the Midtown Community Redevelopment Agency. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Sarnoff as Vice Chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Regalado as Vice Chairperson of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Spence -Jones as a member of the Miami -Dade County League of Cities. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Sarnoff as a member of the Florida League of Cities. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Spence -Jones as a member of the Greater Miami Convention and Visitors Bureau. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Sarnoff as a City ofMiami Page 169 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 member of the Metropolitan Planning Organization. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Vice Chairman Sanchez as a member of the Miami River Commission. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Chairman Gonzalez as a member of the Tourism Development Council. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, as was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Spence -Jones as an ex-officio, nonvoting member of the Miami -Dade HIV/AIDS Partnership. Vice Chairman Sanchez: So we go to BC.4, a resolution. That is a resolution City ofMiami Commission appointing the Mayor and members of the Miami City Commission as chairperson, Vice Chairman, and members of various trusts, authorities, boards, committees, and agencies for the term (UNINTELLIGIBLE) herein. Appointed as Chairman, we'll go with number one, the Bayfront Park Trust. Commissioner Sarnoff I nominate you. Vice Chairman Sanchez: All right. There's a motion. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: Motion by Commissioner Sarnoff, second by Commissioner Regalado and Michelle Spence -Jones appointing Vice Chairman to the Bayfront Park Trust. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. OK. Then the DDA (Downtown Development Authority). Commissioner Sarnoff Appoint you, Mr. Chairman. Vice Chairman Sanchez: All right. Motion is made by Commissioner Sarnoff. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. No discussion on the item. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." All right. Motion carries. Midtown Community. Madam Clerk, we go down the line? Commissioner Regalado: Nominate -- City ofMiami Page 170 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Priscilla A. Thompson (City Clerk): Yes, that's fine. Vice Chairman Sanchez: OK. Commissioner Regalado: -- Michelle Spence -- Vice Chairman Sanchez: Midtown Community Redevelopment Agency. We need -- Commissioner Regalado: I nominate Michelle Spence -Jones. Vice Chairman Sanchez: OK. There's a motion. Commissioner Spence -Jones: Second. Can I second myself? Vice Chairman Sanchez: There's a motion from -- Commissioner Sarnoff I'll second it. Vice Chairman Sanchez: -- Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: Second by Commissioner Sarnoff. Commissioner Spence -Jones: Can -- Mr. Chairman, I do have to ask this, and then I know we're getting off of it, but the Midtown CRA (Community Redevelopment Agency), I mean, OK, like what --? Commissioner Sarnoff Don't worry; they don't do anything. Commissioner Spence -Jones: Huh? Commissioner Sarnoff They don't do anything. Vice Chairman Sanchez: All right. Commissioner Regalado: The Midtown CRA meets -- Commissioner Spence -Jones: I mean, they should be -- Commissioner Regalado: -- once a year. Commissioner Spence -Jones: -- very active and bubbling and things to -- Commissioner Regalado: It meets once a year. Vice Chairman Sanchez: And they're due for a meeting, too. Commissioner Regalado: Huh? Vice Chairman Sanchez: They're due for a meeting, too. They meet. Commissioner Regalado: Yeah, but you need to understand that I have seen notices in local papers calling for meetings of the Midtown CRA, and they have met. Whether or not we have record of that, I don't know. City ofMiami Page 171 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Then we go to the Orange Bowl Advisory Board. That is the Chair's appointment, Angel Gonzalez. Is there a motion? Commissioner Regalado: I -- Commissioner Spence -Jones: Second. Commissioner Regalado: -- move to appoint Chairman Gonzalez. Vice Chairman Sanchez: There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones, second by Commissioner Regalado. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we go to the Southeast Overtown/Park West Omni CRA. There's a motion -- Commissioner Sarnoff Move Michelle Spence -Jones. Vice Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Michelle Spence -Jones, second by Commissioner Regalado. The motion was made by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and then we go to the Commercial Solid Waste Management Advisory. Madam Clerk, who held that? Was it the Chair? Ms. Thompson: Yes, but, no, last year, I think Commissioner Spence -Jones was then appointed - Commissioner Spence -Jones: Yes. Ms. Thompson: -- as Chair -- Commissioner Spence -Jones: Yeah, and I (UNINTELLIGIBLE). Vice Chairman Sanchez: All right. Is there a motion to appoint Commissioner Spence -Jones to the Commercial -- Commissioner Sarnoff So move. City ofMiami Page 172 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: -- Solid Waste Management -- Commissioner Sarnoff So move. Vice Chairman Sanchez: --Advisory -- Commissioner Regalado: Move. Vice Chairman Sanchez: -- Committee? Commissioner Regalado: Second. Vice Chairman Sanchez: Motion by Commissioner Sarnoff, second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." All right. Now we go to the appointments of Vice Chair. The Mayor's International Council. That would be me. Commissioner Spence -Jones: oh, OK Second. Vice Chairman Sanchez: No, I can't make a motion. Commissioner Spence -Jones: Oh. Commissioner Sarnoff Joe, I'll move. Commissioner Regalado: I'll move. Commissioner Sarnoff So move. Commissioner Regalado: Move -- Commissioner Spence -Jones: Move -- Vice Chairman Sanchez: There's -- Commissioner Regalado: -- Vice Chairman Sanchez. Vice Chairman Sanchez: -- a motion by Commissioner Spence -Jones, second by Commissioner Sarnoff appointing the Vice Chair to the Mayor's International Council. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and then we go back to the Midtown Community Redevelopment Agency. Commissioner Spence -Jones: I -- Commissioner Regalado: Move -- City ofMiami Page 173 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: -- nominate -- Commissioner Regalado: -- Commissioner Sarnoff. Commissioner Spence -Jones: -- Sarnoff. Vice Chairman Sanchez: OK. There's a motion by Commissioner Regalado, second by Commissioner Spence -Jones, appointing Commissioner Sarnoff to the Midtown Community Redevelopment Agency. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. It passes. Southeast Overtown/Park West Omni CRA. There's a motion by Commissioner -- Commissioner Spence -Jones: I nominate -- Vice Chairman Sanchez: -- Spence -Jones. Commissioner Spence -Jones: -- Angel Gonzalez. He's the -- Commissioner Regalado: Move Commissioner Sarnoff. Vice Chairman Sanchez: No. It's -- Commissioner Spence -Jones: Is -- Commissioner Regalado: No. It -- Commissioner Spence -Jones: -- itAngel --? Commissioner Regalado: -- it would be him. The Vice Chairman will be him. Vice Chairman Sanchez: That's -- Commissioner Spence -Jones: That's fine. I'm just looking at what -- Commissioner Regalado: Huh? Commissioner Spence -Jones: That's fine. I'm just looking at -- who is it now? Is itAngel? Vice Chairman Sanchez: No. Commissioner Regalado: It's you. Commissioner Sarnoff It was me. Ms. Thompson: No. Yes, it -- Commissioner Spence -Jones: Oh, OK. Commissioner Regalado: It's him. Ms. Thompson: You're right. Right now -- City ofMiami Page 174 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: I thought it was -- Ms. Thompson: -- it is Chairman Gonzalez. Commissioner Spence -Jones: OK, so I nominate Commissioner Sarnoff. Not a problem. Vice Chairman Sanchez: All right. There's a motion -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones nominating Commissioner Sarnoff for the Vice Chair of the Southeast Overtown/Park West CRA, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and then we go to MSEA (Miami Sports & Exhibition Authority). There's a -- we need a motion. I think it's Commissioner Regalado -- Commissioner Sarnoff Let me move -- Vice Chairman Sanchez: -- the vice chair. Commissioner Spence -Jones: Sec -- Commissioner Sarnoff -- I'll move -- Commissioner Spence -Jones: Move. Commissioner Sarnoff -- Commissioner Regalado. Vice Chairman Sanchez: Motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Sarnoff, second by Commissioner Spence Jones, appointing Commissioner Regalado to the Miami Sports and Exhibition Authority. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move on. Then we have the Dade County Visitors Industry Voluntary Educational [sic] Service Training Trust. Who sits on that? Ms. Thompson: Commissioner Regalado. Vice Chairman Sanchez: All right. Is there --? Commissioner Regalado: No, no, no, no, no, no. Ms. Thompson: I'm sorry. He is our appointment. We have had difficulty frying to find out if your -- City ofMiami Page 175 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: No, no, no, no, no, and I just -- I found out they don't allow any appointment from any city on that board. It's only a Miami -Dade County board. In fact, they have never allowed city appointment, so you know. We just take it off the list, you know. Vice Chairman Sanchez: All right, so where do we go from here? Commissioner Regalado: Dade League of Cities. Vice Chairman Sanchez: You don't want -- so what's -- Commissioner Regalado: Huh? Commissioner Sarnoff No. He said they don't allow it. They don't allow cities -- Commissioner Regalado: They don't allow cities to appoint anybody. Vice Chairman Sanchez: Oh, OK Commissioner Spence -Jones: For which one, for the Dade County Visitors? Commissioner Regalado: The Dade County Board of -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- County Commissioners. Vice Chairman Sanchez: Dade League of Cities. I have that; I'm giving it up. I'm focusing on the DDA. Who wants it? It's good. Commissioner Spence -Jones: I'll take it, I'll take it. Vice Chairman Sanchez: All right. Commissioner Regalado: I'll nominate -- Commissioner Spence -Jones: I'll take it. Commissioner Sarnoff I'm sorry. I nominate -- Commissioner Regalado: -- Michelle Spence -Jones. Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. There's a motion to appoint Michelle Spence -Jones, second by -- motion is made by Commissioner Regalado for the record, second by Commissioner Sarnofj to appoint Michelle Spence -Jones to Dade League of Cities. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We go to the Florida League of Cities. I sit on that. I'm giving it up. Commissioner Sarnoff Nominate Michelle Spence Jones. City ofMiami Page 176 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: No. We should nominate you. That's a good one. Commissioner Sarnoff No, no, no. Commissioner Spence -Jones: I nominate -- Commissioner Sarnoff That's a good one. Commissioner Spence -Jones: -- Commissioner Sarnoff. Commissioner Sarnoff Well, we have a tie. Commissioner Spence -Jones: Then it's you, Regalado. Commissioner Regalado: Huh? Commissioner Spence -Jones: Florida League of Cities. Vice Chairman Sanchez: No, no, no, no, no, no, no. That's a good board, folks. Florida League of Cities, you do get a lot of good information up there -- Commissioner Sarnoff I'll go on there. Vice Chairman Sanchez: -- on legislation. Excuse me? Commissioner Regalado: OK. Commissioner Sarnoff I'll go on. Commissioner Regalado: And you get to go -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- to Disney World. Commissioner Sarnoff And I get to go to Disney World, I'm definitely there. Vice Chairman Sanchez: All right. We need -- Commissioner Sarnoff Me and Mickey. Vice Chairman Sanchez: -- a motion to appoint Commissioner Sarnoff. The motion is made by Commissioner Regalado. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Spence -Jones: I'd like to continue to sit on this board, ifI can, the next one. City ofMiami Page 177 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: Oh, that's the -- Commissioner Regalado: Greater Miami Con -- I'll nominate Michelle Spence -Jones for the Greater Miami Conventions [sic] and Visitors Bureau. Vice Chairman Sanchez: OK. There's a motion by Commissioner Regalado -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- second by Commissioner Sarnoff. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries, and where do we go from here? Commissioner Sarnoff Metro -Dade Community -- Commissioner Spence -Jones: Community Action -- Commissioner Sarnoff --Action. Commissioner Spence -Jones: -- Board. Who -- Vice Chairman Sanchez: No. We resigned that a long time ago. Commissioner Regalado: That doesn't meet. Vice Chairman Sanchez: That doesn't meet. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: OK. Metropolitan Planning Organization (UNINTELLIGIBLE) -- Commissioner Spence -Jones: MPO (Metropolitan Planning Organization). Vice Chairman Sanchez: Who's (UNINTELLIGIBLE) that? Commissioner Spence -Jones: I nominate -- Vice Chairman Sanchez: Commissioner -- Commissioner Spence -Jones: -- Commissioner Sarnoff. Vice Chairman Sanchez: -- Sarnoff Commissioner Sarnoff It's a great board. Commissioner Spence -Jones: Nominate. Commissioner Sarnoff You sure you don't want it? Commissioner Spence -Jones: Yeah, I'm positive. Commissioner Sarnoff OK. City ofMiami Page 178 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: But why would they meet -- Commissioner Sarnoff They meet the same time we meet. Commissioner Regalado: -- on the same time that we meet? Commissioner Sarnoff Exactly. Vice Chairman Sanchez: All right. There's -- Commissioner Regalado: Is that -- Vice Chairman Sanchez: -- a motion. Commissioner Regalado: -- a message that they want to send you or something? Commissioner Sarnoff I think they're sending a message they don't care what the City thinks. Commissioner Regalado: They don't want you there. Vice Chairman Sanchez: There's a -- come on, come on. Listen, we could probably get out of here by 6. All right. There's a motion by Commissioner Spence -Jones appointing Commissioner Sarnofffor the MPO -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Miami River Commission. I sit on that, and I would like to stay there. Commissioner Spence -Jones: I nominate Commissioner Sanchez. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones, second by Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone if opposition, having the same right, say "nay" Motion carries. We move on to the TDC, the Tourist Development Council. Is there a motion? Who sits on that? Ms. Thompson: Chairman Gonzalez. Commissioner Sarnoff If you're not here, you've got to get stuck with it. I nominate Chairman Gonzalez. Commissioner Spence -Jones: Yeah. Commissioner Regalado: Second. City ofMiami Page 179 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: All right. There's a motion by Commissioner Sarnoff second by Commissioner Regalado appointing the Chair to the TDC. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say nay, and then the -- as an ex officio nonvoting member ofMiami-Dade HIV (Human Immuno-deficiency Virus)/AIDS (Acquired Immuno Deficiency Syndrome) Partnership. Madam Clerk, who sat on that? Commissioner Spence -Jones: Who was that? Ms. Thompson: That is Commissioner Spence -Jones. Vice Chairman Sanchez: OK. We need a -- Commissioner Spence -Jones: I'm on that? Vice Chairman Sanchez: -- motion to reappoint her. Commissioner Sarnoff I move to reappoint her. Vice Chairman Sanchez: All right. There's -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- a motion by Commissioner Sarnoff second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.5 07-00853 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Juvenal Pifia Vice Chairman Joe Sanchez Ileana Hernandez -Acosta Vice Chairman Joe Sanchez 07-00853 memo.pdf 07-00853 members.pdf 07-00853 application.pdf 07-00853 Legal Opinion.pdf Motion by Commissioner Spence -Jones, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 180 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 R-07-0409 A motion was made by Commissioner Spence -Jones, seconded by Chairman Gonzalez, and was passed unanimously, to appoint Juvenal Pina and Ileana Hernandez Acosta as members of the Zoning Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Juvenal Pina and Ileana Hernandez Acosta as members of the Zoning Board. Vice Chairman Sanchez: And we continue with the boards. Let's go to BC.5. BC.5 is the Zoning Board. Oh, that -- I'm the only one that has appointments, Madam Clerk? Commissioner Spence -Jones: Yes. Priscilla A. Thompson (City Clerk): That's correct. Vice Chairman Sanchez: I would like to reappoint both of my appointees -- Ms. Thompson: Then we -- Vice Chairman Sanchez: They require a five fifth. Commissioner Regalado: You need a -- can --? Vice Chairman Sanchez: All right. We don't have a five fifth. All right. Well, we'll bring it back. We'll bring it back till Commissioner Angel Gonzalez gets back, and then we'll bring it again. Remind me. "[later...]" Vice Chairman Sanchez: Let's go back to my appointments, my reappointments on the Zoning Board. We do have a fifth Commissioner on the dais. Can someone make a motion to reappointment both of my appointees to the Zoning Board with a five -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: -- fifth waive [sic]? There's a motion by Commissioner Spence -Jones. Is there a second? Chairman Gonzalez: Second. Vice Chairman Sanchez: Second by the Chair. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, say "nay." It carries with the five fifth waiver. Ms. Thompson: Correct. BC.6 07-00871 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 181 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 APPOINTEE: NOMINATED BY: Hugh Ryan Commissioner Regalado 07-00871 memo.pdf 07-00871 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-041 0 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, to appoint Hugh Ryan as a member of the Code Enforcement 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 Hugh Ryan as a member of the Code Enforcement Board. Vice Chairman Sanchez: BC.6. BC.6 is the Code Enforcement Board, and that is Commissioner Regalado and Chairman Gonzalez. Commissioner Regalado: Hugh Ryan. Vice Chairman Sanchez: All right, so that's a reappointment? Commissioner Regalado: Reappointment, yes. Priscilla A. Thompson (City Clerk): And -- Vice Chairman Sanchez: All right. There's a motion. Does he --? Ms. Thompson: -- he's going to need a four -- Vice Chairman Sanchez: Four fifth. Ms. Thompson: -- fifth waiver for absences. Vice Chairman Sanchez: Oh, a four fifth. All right. Commissioner Regalado: OK. Vice Chairman Sanchez: With a waiver, there's a motion by Commissioner Regalado, second by Commissioner Sarnoff? Commissioner Sarnoff Yes. Vice Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, the same right, say "nay." It passes with the waiver. City ofMiami Page 182 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 "[Later...]" Vice Chairman Sanchez: All right. Then we go to Commissioner -- Mr. Chairman, you have an appointment on Code Enforcement. Chairman Gonzalez: I'm going to defer. Vice Chairman Sanchez: Oh, there's -- OK, the item has been deferred, and we took care of Commissioner Regalado's. BC.7 07-00876 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Hugo P. Arza Vice Chairman Joe Sanchez Robert Flanders Mayor Manuel A. Diaz Kay Hancock Apfel Mayor Manuel A. Diaz 07-00876 memo.pdf 07-00876 members.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0411 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Hugo P. Arza as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Robert Flanders and Kay Hancock Apfel as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Vice Chairman Sanchez: We go to BC. 7. It's a resolution, and that is for the Homeland Defense/Neighborhood Bond. I have an appointment there, and I would like to -- well, I can't make a motion. Well, sure I can. Let me just pass the gavel. The gavel has been passed, and I would like to appoint to that board Hugo Arza, Jr. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: He's a City resident. Chairman Gonzalez: We have a -- City ofMiami Page 183 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Vice Chairman Sanchez: He doesn't require any waivers. Chairman Gonzalez: -- motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. That's it, right? Vice Chairman Sanchez: Well, we still got blue pages and -- Commissioner Spence -Jones: We have B -- Commissioner Regalado: I have a -- Commissioner Spence -Jones: DI [sic] -- Commissioner Regalado: Mr. Chairman, I have two items on the supplemental agenda. Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Well, I think Larry has -- don't we have two more items? Larry Spring (Chief Financial Officer): Mr. Chair, we still have RE.10, which is the fire assessment that we do need to pass today. Commissioner Spence -Jones: And we have -- Vice Chairman Sanchez: Oh, yeah. Commissioner Spence -Jones: -- DI [sic] and D2 [sic], right? Chairman Gonzalez: We also had -- Priscilla A. Thompson (City Clerk): The discus -- Chairman Gonzalez: -- CA.11. Vice Chairman Sanchez: No. We took care of that one. Commissioner Regalado: No. Chairman Gonzalez: We did that already? Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Are we doing DI [sic] and D2 [sic]? Mr. Spring: Yeah, DI [sic] and D2 [sic] would come after, but we need to -- Commissioner Spence -Jones: OK. Mr. Spring: -- RE.10. City ofMiami Page 184 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Spence -Jones: RE.10. "[Later...]" Chairman Gonzalez: Next pocket item. Vice Chairman Sanchez: Mr. Chairman, I don't have -- Commissioner Regalado: I'm done. Vice Chairman Sanchez: -- pocket items. I have two Commission discussions, which will be very, very brief. Chairman Gonzalez: OK. Vice Chairman Sanchez: OK, butl believe that the Mayor has sent out a memo where he's asking to reappoint to the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, and the reappointment that he's proffering is Robert A. Flanders. Commissioner Sarnoff So moved. Vice Chairman Sanchez: All right. Hold on because there's another one. To the same board, he's also appointing Kay Hancock Apfel? I believe -- Commissioner Sarnoff Apfel. Vice Chairman Sanchez: -- it'sA-P-F-E-L. Commissioner Sarnoff Correct. Vice Chairman Sanchez: OK. Those two names have been proffered by the Mayor for the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, and I would make a motion. Chairman Gonzalez: All right. We have -- Commissioner Sarnoff Second. Chairman Gonzalez: -- a motion on the two names proffered. Do I hear a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: I hear a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Regalado: On -- Vice Chairman Sanchez: All right. District -- City ofMiami Page 185 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: -- appointment, can I ask a question? Chairman Gonzalez: Yes. Commissioner Regalado: Maybe the Manager knows. The City ofMiami had to appoint someone to the Charter Review Committee of the County. City ofMiami Beach Commission appointed Mayor David Dermer; City of Hialeah council appointed former Mayor Raul Martinez. Who do we appoint? Vice Chairman Sanchez: We haven't made an appointment. Pedro G. Hernandez (City Manager): Yeah, no action has been taken by this City Commission as to who is to be appointed, and I'm assuming that -- Commissioner Regalado: Well, how it reflects today that Francois Illas was appointed as the City ofMiami representative? Mr. Hernandez: My understanding, Commissioners, is that the County reach out to the Mayor and the Mayor made that appointment today. Commissioner Regalado: So it wasn't the City Commission that had to do the --? Mr. Hernandez: It was made last week. Commissioner Regalado: I'm just asking. Chairman Gonzalez: All right. Next? Vice Chairman Sanchez: All right. Can we get the Commission back? Chairman Gonzalez: Yes, sir. Go ahead. Vice Chairman Sanchez: Because it's been hijacked all day. Chairman Gonzalez: Go ahead. City ofMiami Page 186 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 DI.1 07-00724 Department of Finance DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 07-00724 Summary Form.pdf DEFERRED Item DI. I was deferred to the Commission meeting currently scheduled for July 26, 2007. Chairman Gonzalez: All right. I thought that we were done, but we still have two items, a financial update and budget outlook. Pedro G. Hernandez (City Manager): Mr. Chairman, if we could defer that item to 7/26. We have the external auditors that would be available on that date -- Chairman Gonzalez: All right. Mr. Hernandez: -- and I would like to have them be able to report to you directly. Chairman Gonzalez: All right. DI.2 07-00874 DISCUSSION ITEM Department of NET DISCUSSION CONCERNING A STUDY /N.E.T PROCEDURES. Administration 07-00874 Summary Form.pdf DISCUSSED Chairman Gonzalez: And then we have a study/NET (Neighborhood Enhancement Team) procedures. David Rosemond: Good afternoon, gentlemen. David Rosemond, director, NETAdministration. I'll be very brief. I'll be happy to provide you with copies of my oral report. Following your request, Commissioner Sarnoff, we went back and we looked at a number of our processes, and we started to identify those that we could enhance at the NET offices. I'm with Chief Deputy Frank Fernandez to talk a little bit about filing the police reports in the NET offices. We will be able to do that. If you like for the chief to tell you, that will be happening. Commissioner Sarnoff Will that be on a daily basis? I mean -- Mr. Rosemond: Yes. Commissioner Sarnoff OK. Mr. Rosemond: The same thing goes for the homeowners' permits, what's called the LIMP, the Land Improvement Permits. Those that we will not be able to finish at the NET office will be able to begin and end there. In other words, homeowners can come in, request a permit, and within a number of days, less than a week, we'll be able to give them back that permit completed, so those things will be happening. With regards to 311, unfortunately, the director is not here, so I'm not going to be able to address those issues. One of the things that really wanted to emphasize is the role that the NET office plays and should play in the City ofMiami. One of the greatest challenges faced by NET is the lack of information that our residents have in terms of City ofMiami Page 187 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 who provides what, and NET wants to be that department that provides information, education, and customer service, not only insofar as municipal services, but anything that's happening from the public perspective, whether it's county, state, federal services. NET offices should have a handle on the things that are happen within each of the NET areas. That's exactly the role that we want to play, NET as an advocate; to follow your statement, "NET in the streets." Every NET adminisfrator should know exactly what is going on, what are the problems, and how to bring about solutions to those problems; be a convener, so to speak, be the kind of person who is going to create the kind of dream teams that Commissioner Sanchez just mentioned to bring about situations and not allow the situations to deteriorate to the point where they need to have a major investment. We want to be that department that unites the community. There are lots of NET areas; there are a lot of districts, like yours, Commissioner Regalado, that have a lot of homeowners associations. In those -- in that district, our job's a lot easier because we have a lot of leadership to which we can turn, but unfortunately, Commissioner Spence -Jones is not here, and one of the challenges that we're facing in District 5 is how to create those homeowners or those resident associations that can come in and address your issues collectively. Commissioner Spence -Jones is spending time in our NET offices so that she and her staff can personally begin to look at those issues up close and personal. Commissioner Sanchez is also about to begin doing those kinds of things. I invite each and every one of you to take those opportunities and to get a little better acquainted with the kinds of things that NET is doing in your community. There are lots of things that we are doing. As it relates to solid waste, we're looking at the hot spots. We're looking at things like how can we bring about community development services to those individual homeowners, those elderly residents who need their homes improved. We're looking at how the Planning Department can create, you know, consensus with regards to Miami 21 and the EAR (Evaluation Appraisal Report) process that is going to be happening pretty soon. Again, we want the opportunity to be the kind of department that is going to create a sense of well-being regardless of where you live in the City ofMiami. We want to make sure that we can provide those services on an ongoing basis without being conflicted with any other role. We want to be information, education, and customer service. Commissioner Sarnoff Mr. Rosemond, I would invite you to drive around the Grove on your way home tonight so that you could look at all the graffiti all around the Grove, and I'm sure you want to do your job, and I'm sure you want to get it done, and one of the things you can get done is all the graffiti that's around the Grove right now, because I've reported it and it doesn't do anything. Equally, you can then look at all the garbage that's on the street. I've reported that equally, and it hasn't gone anywhere either. Where I live, there's a pipe that's approximately 32 feet just laying in the swale. I reported that three times, 311, just to see if it worked. Person took my call just fine, but the pipe's still there. Vice Chairman Sanchez: I guarantee you, it won't be there tomorrow. Commissioner Sarnoff I bet it won't be there after tonight. Mr. Rosemond: I personally will go and pick up the pipe. Let me just say with regards to graffiti -- and graffiti is a major problem for us. As you know, Haydee Regueyra, our NET adminisfrator in your district, has been working specifically with that problem. That is a recurring problem. We paint over it, and the following day it appears again. Commissioner Sarnoff We're going on 60 days for most of this stuff so I don't think anybody's painted over it. Mr. Rosemond: OK. Commissioner Sarnoff It's all documented, Mr. Rosemond. I'm not saying it's NET's job, but that's my point. I don't know whose job it is. I mean, you could tell me we have Graffiti Busters; I know that. You could tell me it's Mariano Loret de Mola's problem; OK. You could tell me it's City ofMiami Page 188 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Solid Waste Department; OK, but -- Mr. Rosemond: We're not going to tell you something like that anymore. We're going to tell you that we will look at creating those dream teams that is going to address the problem. We are not going to be pointing fingers at our, you know, sister departments. Commissioner Sarnoff We should have a saying up here: "Let's not talk the talk; let's walk the walk." Mr. Rosemond: Absolutely. Commissioner Sarnoff So when I come back tomorrow to the Grove, I hope to see a lot of paint and a pipe missing. Pedro G. Hernandez (City Manager): Well all -- Mr. Rosemond: Thank you. Mr. Hernandez: -- take care of the pipe tonight. Vice Chairman Sanchez: IfI was a better man, I'd think they'd pick up the pipe tonight. Mr. Rosemond: If you -- Chairman Gonzalez: All right. Any further --? Mr. Rosemond: The pipe will be an easy one -- if you give me the address, I'll be making sure that that pipe is gone by the time -- Commissioner Sarnoff Virginian Shipping, right across the street; not far. I just want to see how many days it would last. Lasted a lot of days. Chairman Gonzalez: Any other business? Commissioner Sarnoff That's it, sir. Chairman Gonzalez: That's it. Barbara Lange: I wanted to say something about the NET. Can I? Commissioner Sarnoff Sure. Vice Chairman Sanchez: You know, you just walk in and it's just -- Commissioner Sarnoff Isn't that amazing, that she -- Ms. Lange: Well -- Vice Chairman Sanchez: Hey, you're at home. Go ahead. Kick back -- Ms. Lange: I'm frying to figure out how to turn my -- Vice Chairman Sanchez: Hey, we're going to give you 20 minutes today. I'm sorry. Ms. Lange: I don't want 20 minutes, please. I just want to say something. I heard the NET -- City ofMiami Page 189 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Priscilla A. Thompson (City Clerk): Excuse me. I need a name for -- Ms. Lange: I'm sorry -- terribly sorry. Barbara Lange, and I live 3495 Maine Highway, in Coconut Grove, and I heard the discussion from the NET. I was switching the channels and I heard it, and I said, look, you know, they're -- these guys are doing a good job, at least in our NET office, Haydee and Tom Braga, and I wanted to come down and say they were doing a good job because I was afraid maybe you were saying something bad about them. Were you? Commissioner Sarnoff You just took the rug right out from your own Commissioner. Thanks. Vice Chairman Sanchez: But that doesn't happen everyday. Commissioner Sarnoff No, it doesn't. Chairman Gonzalez: Yeah. Mr. Rosemond: Thank you, Ms. Lange. Ms. Lange: And there's one more thing I'd like to say. I was at the Zoning Board meeting last night, and the Zoning people were complaining about the NET office, and I thought it was uncalled for, and that's basically why I actually ran down here and came here, so please thank the people at the NET office. Commissioner Sarnoff Barbara, good news does travel on wings. Chairman Gonzalez: Thank you. Commissioner Regalado: And ifI may, Mr. Chairman? Chairman Gonzalez: Yes. Commissioner Regalado: Mr. Chairman, I do want to say that we had a meeting on a District 4 church, and we had the support of Haydee Regueyra from the Grove and also Liza from Coral Way, and we have -- and the Police and Fire was there, Mayor Caceres was there -- and we have already designate a sort of a distribution center in case of hurricane in this church, so that would -- we have already a huge area for a staging food and water and ice just in case. We have several fridges to store medicine for the area people, and I want to thank you for having Haydee and Liza work with us in this project, and I want to thank Chief Fernandez and Chief Kemp and Bryson for sending the people there. In that church, there are now 20 volunteers committed to sleep on the church and to use their resources on foot or their own vehicles to distribute ice and food to the area of North Grove, Silver Bluff Shenandoah, so just wanted to thank you. Mr. Rosemond: No. Thank you, Commissioner. Chairman Gonzalez: All right. Can I have a motion to adjourn? Commissioner Sarnoff So moved. Chairman Gonzalez: We have a motion -- Commissioner Regalado: No. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 190 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-00889 DISCUSSION ITEM DISCUSSION CONCERNING THE NEED TO ALLOW ARTISANS TO SELL THEIR WARES AT A CALLE OCHO LOCATION MORE THAN THE MAXIMUM 2 EVENTS ALLOWED BY A CLASS 1 PERMIT AND DISCUSSION OF THE POSSIBILITY OF CREATING A SPECIAL DISTRICT THAT WOULD ALLOW ARTISANS TO SELL THEIR WARES EVERY WEEKEND. 07-00889 Cover Email.pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, directing the Administration to prepare legislation for the creation of a special disfrict to allow artisans to sell their wares at the Calle Ocho location. Chairman Gonzalez: All right. Next? Vice Chairman Sanchez: All right. Can we get the Commission back? Chairman Gonzalez: Yes, sir. Go ahead. Vice Chairman Sanchez: Because it's been hijacked all day. Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: Mr. Chairman, I have two items, and those are my blue page item. One is a discussion item concerning the need to allow artisans to sell their wares at the Calle Ocho location for more than the maximum of two events allowed by a Class I Permit and discussion of the possibility of creating a special disfrict that would allow artisans to sell their wares every weekend, and the reason that we're focusing on that -- and I'm going to be very site -specific for the record -- is from 10th Avenue to 17th Avenue -- and that's because we seen a rebirth in that area, a redevelopment with all the art galleries and Cultural Friday [sic], and you're starting to have people that on the weekend, are going out there and they're having activity, and really, it's been a great success for us to be able to promote that area, so we need to come up with some type of legislation, and therefore, it's only as a discussion item on my blue City ofMiami Page 191 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 pages, but I'm directing the Administration -- is Aldo Reyes here or Orlando Toledo? Pedro G. Hernandez (City Manager): Or Lourdes is here. Vice Chairman Sanchez: Or Lourdes. All right. If you -- if we could -- I'll make a motion, proffering the Administration to come back with some legislation to allow these types of -- of course, we're going to control it, butl think that we would be doing a great service to that area to be able to have these individuals come and sell their stuff, a lot of arts, a lot of artifacts that they're selling and stuff out there. It's just something real nice, so that's what I'll be making a motion directing the Adminisfration to do. Chairman Gonzalez: All right. We have a motion on this item -- Commissioner Sarnoff Second. Chairman Gonzalez: -- instructing the Adminisfration, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Next? I'm sorry. Go ahead. Vice Chairman Sanchez: Yeah. Lourdes Slazyk (Zoning Administrator): My understanding from your staff is that the specific location -- Vice Chairman Sanchez: It's a McDonald's. Ms. Slazyk: -- the McDonald's site, that's the gentleman -- Vice Chairman Sanchez: Right. That should be included. Ms. Slazyk: -- that came in to see Aldo and myself. They wanted to set up the kiosks and be able to sell the arts over the weekend, and we told them they can only do twice a year, unless the City Commission approves a greater amount, and my understanding was that this -- that today you were also approving to extend them to every weekend until we get the special district in place? Vice Chairman Sanchez: Yeah, but it would have to come back. I mean -- Ms. Slazyk: Well, they have to file their Class I application, but again, by Code, they can only do two, unless you adopt a resolution authorizing them to do up to 52 for the year so they could do every weekend or whatever number you see fit, until we get the legislation ready. Vice Chairman Sanchez: Well, I -- I mean, I wanted to bring it back -- Ms. Slazyk: You want to bring it back? OK Vice Chairman Sanchez: -- in the form of a legislation. Yeah. It's a pocket item. Bring it back, and then we'll vote on it, making it 52 -- Ms. Slazyk: OK. Vice Chairman Sanchez: -- but also to extend it fi^om 10th Avenue to 17th -- City ofMiami Page 192 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Ms. Slazyk: Yes -- Vice Chairman Sanchez: --Avenue. Ms. Slazyk: -- 10th to 17th. Vice Chairman Sanchez: All right -- Ms. Slazyk: All right. Vice Chairman Sanchez: -- so that's what the motion is. Chairman Gonzalez: Next? Vice Chairman Sanchez: Well, we need to vote on that motion. Priscilla A. Thompson (City Clerk): You did. Vice Chairman Sanchez: We did? Chairman Gonzalez: We already did. Vice Chairman Sanchez: OK. City ofMiami Page 193 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES NON AGENDA ITEMS NA.1 07-00954 DISCUSSION ITEM DISCUSSION CONCERNING THE COMMISSION MEETING AGENDA CURRENTLY SCHEDULED FOR JULY 26, 2007. DISCUSSED Chairman Gonzalez: Mr. Manager, whatever items we going to be deferring today, make sure they go for September because the second meeting ofJuly is going to be two agendas. I mean, what they're planning for Planning & Zoning is totally outrageous. I don't -- Vice Chairman Sanchez: Bring -- Chairman Gonzalez: -- know how we're going to handle it. Maybe -- Vice Chairman Sanchez: -- your sleeping bags. Chairman Gonzalez: -- we should bring lunch and dinner, and a bed to sleep here that night -- Commissioner Sarnoff I think the lunch should be on the Manager then. Chairman Gonzalez: -- and we should have breakfast the next morning, you know, so you know Commissioner Regalado: And Mr. Chairman, why you don't convene two meetings in a week so we can deal with both the -- Chairman Gonzalez: Planning & Zoning agenda? Commissioner Regalado: -- Planning & Zoning and the regular because they going to put -- Chairman Gonzalez: No, we're doing the regular -- Commissioner Regalado: -- a lot of -- Chairman Gonzalez: -- today. Vice Chairman Sanchez: No, we're doing the regular. This is the regular. Chairman Gonzalez: This is the regular. Commissioner Regalado: I know, but they're going to bring -- Chairman Gonzalez: Oh -- City ofMiami Page 194 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 NA.2 07-00957 NA.3 07-00932 District 4- Commissioner Tomas Regalado Commissioner Regalado: -- some -- Chairman Gonzalez: -- some regular items? Commissioner Regalado: -- regular items, you know, last minute because it's a month of recess - Chairman Gonzalez: All right. Let me -- Commissioner Regalado: -- or think about it then. Chairman Gonzalez: -- discuss that with the Manager, yeah. Pedro G. Hernandez (City Manager): Mr. Chairman, what I'll do, I'll bring the -- following today's meeting, I'll bring to you the (UNINTELLIGIBLE) listing of all the items that we have for Planning & Zoning and the ones that are regular so then we can make a decision -- Chairman Gonzalez: All right. Mr. Hernandez: -- with your advice. Chairman Gonzalez: All right. Very good. DISCUSSION ITEM DISCUSSION REGARDING THE CANCELLATION OF THE SEOPWAND OMNI COMMUNITY REDEVELOPMENT AGENCIES' BOARD MEETING SCHEDULED FOR JULY 10, 2007. DISCUSSED Chairman Gonzalez: And I need to advise that the CRA (Community Redevelopment Agency) board meeting scheduled for today, July 10, 2007, has been cancelled. Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF PARK RENTAL FEES, FOR THE USE OF ROBERT KING HIGH PARK, ON SUNDAY, JULY 29, 2007, FOR THE FEDERACION MUNDIAL DE EX-PRESOS POLITICOS CUBANOS, INC., EVENT. 07-00892 Legislation.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0414 Chairman Gonzalez: All right. Do we have any pocket items? Commissioner Regalado: Yes. Chairman Gonzalez: Pocket items. Vice Chairman Sanchez: Shoot yourself. City ofMiami Page 195 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 Commissioner Regalado: Mr. Chairman, a resolution of the Miami City Commission authorizing the waiver of park rental fees for the use of Robert King High Park on Sunday, July 29, 2007, for the Federacion Mundial De Ex-presos Politicos Cubanos annual picnic. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. NA.4 07-00958 DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI'S APPOINTMENT TO THE MIAMI-DADE COUNTY CHARTER REVIEW COMMITTEE. DISCUSSED Commissioner Regalado: On -- Vice Chairman Sanchez: All right. District -- Commissioner Regalado: -- appointment, can I ask a question? Chairman Gonzalez: Yes. Commissioner Regalado: Maybe the Manager knows. The City ofMiami had to appoint someone to the Charter Review Committee of the County. City ofMiami Beach Commission appointed Mayor David Dermer; City of Hialeah council appointed former Mayor Raul Martinez. Who do we appoint? Vice Chairman Sanchez: We haven't made an appointment. Pedro G. Hernandez (City Manager): Yeah, no action has been taken by this City Commission as to who is to be appointed, and I'm assuming that -- Commissioner Regalado: Well, how it reflects today that Francois Illas was appointed as the City ofMiami representative? Mr. Hernandez: My understanding, Commissioners, is that the County reach out to the Mayor and the Mayor made that appointment today. Commissioner Regalado: So it wasn't the City Commission that had to do the --? Mr. Hernandez: It was made last week. Commissioner Regalado: I'm just asking. NA.5 07-00960 DISCUSSION ITEM DISCUSSION REGARDING SUPPORT FOR THE DOWNTOWN DEVELOPMENT AUTHORITY MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, directing the City Manager to City ofMiami Page 196 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 create a task force to focus on various issues and concerns of the downtown area and find solutions for disciplines, which include, among others, infrastructure, police, code enforcement, solid waste, and capital improvement, and to bring this item back at the City Commission meeting currently scheduled for July 26, 2007. Vice Chairman Sanchez: And the other item that I have is it -- that's pertaining to the DDA (Downtown Development Authority), and I want to thank the Commissioner and the Commission for appointing me to the DDA, and I take that responsibility with great pride, but we are faced with a dozen challenges at the DDA, and the DDA cannot do it alone. I mean, I'll make it very clear to you. The DDA and its executive director and staff are doing a great job, but sometimes we don't have the authority to do a couple of things, and why don't we put them on the record. Policing, Code enforcement, Solid Waste removal, City CIP (Capital Improvements Program) projects, City Public Works tasks, liens and demolitions, and derelict buildings, which we have been addressing the Lerner, and we finally made some progress on that, but the DDA must have the City support on this, and that is why it's important that we cooperate so we'll be able to address the overall needs and challenges that we have there, and the only way we're going to be able to do that if we're able to bring everyone to the table. We need to have everyone at the table, and I want to just toss out some names. Miami -Dade County and City transit issues. I personally went out there and took the bus; went out and did the People Mover. We need to sit down with the county. It is dirty. It is untimely. I mean, there's a lot of issues. They also have issues. The Florida Power & Light Plus, the utilities. You know, there was a transformer that blew up. They're looking at the transformer. Some of these transformers are from 1950, all right, so we need to focus on the infrastructure, and we need to address that, and the only way we're going to be able to do that is to bring all these entities to the table. We also need cooperation and projects with the City's Economic Development Department. We are working with them. The homeless service and housing placement issue, we are working them, but the only way we're going to be able to do this also is that we have support from this Commission and from the disfrict Commissioner. I want to take this opportunity to invite the disfrict Commissioner to attend every meeting, if he wants to come and address the DDA -- doesn't need to send me a memo; he could just show up and work with us because you know what? The budget's coming up, and you're going to be very impressed with a lot of the money that's going to capital improvements of beautifying and increasing the services in downtown, so I'm asking you once again, Mr. City Manager, is to look in-house and create a team to focus on downtown, and focus on all these issues. I think it's important that once you're able to put this task together, which have been everyone that we address, they will also participate with the DDA so we could start addressing the issues of bringing all these concerns to the table, finding solutions to them, and frying to get them expedited as quickly as possible, so once again, I'm asking you guys to support me on the issue and support the DDA and the City services, and I want you, Mr. City Manager, to come back with a City team, hopefully a dream team, of all the issues that we put together on the July 26 Commission meeting, and provide us a report back on the use and information as to that task force that we're putting together on the July 26 Commission meeting. Therefore, we should have more information as to how we're going to put it forward, and then we're going to be having special meetings at the DDA with those groups to fry to address those problems, so that's the motion that I have on my blue pages. The rest -- directing the City Manager to put together this City team and bring it back so we could approve it. So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Motion to Adjourn City ofMiami Page 197 Printed on 7/30/2007 City Commission Meeting Minutes July 10, 2007 A motion was made by Commissioner Sarno ff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 198 Printed on 7/30/2007