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Home My WebLink AboutCC 2007-09-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Tuesday, September 11, 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 September 11, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 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 11 th day of September 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: 30 a.m., recessed at 1:22 p.m., reconvened at 4: 33 p.m., recessed at 5: 12 p.m., reconvened at 5: 42 p.m., and adjourned at 5: 42 p. m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) 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 David Sarnoff, and me, Angel Gonzalez, Chairman. Also on the dais are Pete Hernandez, City Manager, Jorge L. Fernandez, City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-01121 CEREMONIAL ITEM Honoree Presenter AIM (Architects in Making) Rick D. Ruiz Mayor Diaz Martin Yabor Mayor Diaz Hector Fernandez Mayor Diaz Yovanna Alvarez Mayor Diaz Humberto Ramos Mayor Diaz Glen Diston Commissioner Sarnoff Protocol Item Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Salute Other Acknowledgments Mayor Diaz City of Miami Purchasing Department is acknowledged by the Universal Public Purchasing Certification Council for having the entire professional staff nationally recognized as Certified Professional Public Buyers and/or Certified Public Purchasing Officers Florida State Representative Dorothy Bendross-Mindingall presents Certificates of Appreciation to City of Miami Firefighters for their tireless efforts. 07-001121 Protocol List.pdf 1. Mayor Diaz presented Rick D. Ruiz, Martin Yabor, Hector Fernandez, Yovanna Alvarez, and Humberto Ramos with Certificates of Appreciation for their creative involvement in 'Architects In Making" a unique summer camp created to expose inner-city kids to the world of architecture and to increase their awareness of the importance of "thinking green" in architecture. 2. Florida State Representative Dorothy Bendross Mindingall presented a Plaque and Certificates of Appreciation to City ofMiami Firefighters for their tireless efforts. City ofMiami Page 3 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 MAYORAL VETOES 3. Commissioner Sarnoff requested a brief moment of silence to mourn the passing of Roger Bogda. 4. Commissioner Sarnoff presented Glen Diston with a Salute for being a local catalyst for economic development in support of an elevated quality of life in the West Grove community. 5. Mayor Diaz recognized the City ofMiami Purchasing Department for being acknowledged by the Universal Public Purchasing Certification Council for having the entire professional staff nationally recognized as Certified Professional Public Buyers and/or Certified Public Purchasing Officers. Chairman Gonzalez: We will now make the presentations and proclamations. Mayor Diaz. Mayor Manuel A. Diaz: Good morning, Mr. Chairman. Thank you. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: Let the record reflect that we have received no vetoes from the Mayor's Office. Is that correct? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: Thank you. 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 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 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, 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 regular Commission meeting and supplemental agenda of July 10, 2007. Is there a motion? Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: We also need to approve the minutes of the Planning & Zoning meeting of City ofMiami Page 4 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 ORDER OF THE DAY July 26, 2007. Do I hear a motion? Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: We have a motion. Is there -- Commissioner Regalado: Second. Chairman Gonzalez: -- a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Special Commission meeting and supplemental agenda of August 1, 2007. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: The "aye" have it. Chairman Gonzalez: All right. We will now begin the regular meeting, and the City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing in front of the 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. 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. The City ofMiami requires any person or entity requesting approval, relief or other action from the City Commission to disclose, at the commencement or continuance of the hearing on the issue, any consideration 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. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit, or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Please note that if you have previously submitted a Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit as part of an application package, you're required to read the disclosure contained herein into the record prior to the commencement of the hearing. Also, if there is any additional information to disclose since the time you submitted the application package, you must supplement that affidavit. If you have not previously submitted an affidavit and have information to disclose, please obtain and complete the affidavit prior to the commencement of the public hearing on the City ofMiami Page 5 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 issue. Individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653 of our Code, and appearing before the Commission or any of its boards solely in the capacity of a lobbyist and not as the applicant or owner's legal representative, are not required to submit a Disclosure of Consideration Provided or Committed Affidavit. 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 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 Commission [sic] 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 their desire to speak, giving the City Clerk their names, and 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, and the meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. At this time, Mr. Chairman, the Administration will announce which items, if any, are being substituted, withdrawn, deferred or continued from your published agenda. Pedro G. Hernandez (City Manager): Good morning, Mr. Chairman -- Chairman Gonzalez: Morning. Mr. Hernandez: -- Commissioners. We have two substitutions; those are PH.9 and PH.12, and they're issues that are nonmaterial. On PH.9, it's just a correction of the amount from 880,000 to 888, 000, and on PH 12, the revision has been made to approve an assignment of the existing agreement between the City and Catholic Charities rather than executing a whole new agreement. Those are the only two substitutions. Chairman Gonzalez: Very well. [Later..] Chairman Gonzalez: For the firefighters, the -- Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: -- firefighters union and the FOP (Fraternal Order of Police), let me advise you that your items will be heard after 2 o'clock this afternoon, in case you have anything to do that you want to leave the chambers. We won't hear the item until after 2 o'clock. It was going to be the first item on the afternoon section, OK? We just got the ordinance here. All right? Thank you. CA.1 07-01035 RESOLUTION Department of Public Facilities CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City ofMiami Page 6 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PARKING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING TO MANAGE AND OPERATE THE PARKING FACILITIES SERVICING THE ORANGE BOWL STADIUM, FOR A PERIOD OF THREE (3) YEARS, WITH THREE (3) ONE-YEAR RENEWAL OPTIONS, EFFECTIVE OCTOBER 1, 2007; FURTHER PROVIDING THAT EITHER PARTY SHALL HAVE THE RIGHT TO TERMINATE SAID AGREEMENT AT ANY TIME UPON PROVIDING PRIOR WRITTEN NOTICE TO THE OTHER PARTY. 07-01035 Legislation.pdf 07-01035 Exhibit.pdf 07-01035 Exhibit2.pdf 07-01035 Exhibit 3.pdf 07-01035 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0465 CA.2 07-01036 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI Program AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE BISCAYNE BAY BLUEWAY PROJECT TO PROVIDE FOR THE FOLLOWING: (1) EXTENDING THE PERIOD OF PERFORMANCE BY THREE MONTHS, UNTIL OCTOBER 23, 2007; (2) DECREASING THE FUNDING IN AN AMOUNT NOT TO EXCEED $25,000, FOR A TOTAL REVISED AMOUNT OF $300,000; (3) AMENDING THE STATEMENT OF WORK TO DELETE THE PREPARATION OF DISTRICT EDUCATIONAL BROCHURES AND DESIGN CRITERIA FOR NEW BOAT LAUNCHES;(4) REVISING THE PAYMENT AND DELIVERABLES SCHEDULE; AND (5) AMENDING THE PROJECT MANAGER NAME; REDUCING THE FUNDING AMOUNT OF THE BISCAYNE BAY BLUEWAY PROJECT, IN AN AMOUNT NOT TO EXCEED $25,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30317, ENTITLED "MORNINGSIDE PARK SHORELINE STABILIZATION," BY A SEPARATE RESOLUTION. City ofMiami Page 7 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 CA.3 07-01037 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 07-01036 Legislation.pdf Exhibit.pdf Exhibit 2.pdf Exhibit 3.pdf Summary Form.pdf Budget Funds Check Results.pdf Budget Funds Check Results 2.pdf Funding Breakdown Detail Report.pdf Funding Breakdown Detail Report 2.pdf Local Government Agreement.pdf Statement Of Work.pdf Payment & Deliverable Schedule.pdf Morningside Park Improvements.pdf Funds Awarded To The Entity.pdf Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Department of Capital Improvement Programs/Transpor tation CA.4 07-01038 R-07-0466 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE CONSTRUCTION CONTRACT ("CONTRACT") WITH FLORIDA ROOFING SOLUTIONS INC., TO PROVIDE FOR ADDITIONAL SERVICES REQUIRED FOR ROOF STORM WATER PIPING AND SUPPORTS, FOR THE PROJECT ENTITLED "REROOFING OF FIRE STATION NO. 4," PROJECT B-72802 ("PROJECT"), INCREASING THE CONTRACT BY AN AMOUNT NOT TO EXCEED $3,150, FROM $177,000, TO AN AMOUNT NOT TO EXCEED $180,150; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT B-72802; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01037 Legislation.pdf 07-01037 Exhibit.pdf 07-01037 Exhibit 2.pdf 07-01037 Summary Form.pdf 07-01037 Funding Breakdown Detail Report.pdf 07-01037 Contract.pdf 07-01037 Corporate Resolution.pdf 07-01037 Fom Of Performance Bond.pdf 07-01037 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0467 RESOLUTION City ofMiami Page 8 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Improvements AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE Program MIAMI-DADE WATER AND SEWER DEPARTMENT, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES, FOR THE FIRE STATION NO. 11 PROJECT B-60452. 07-01038 Legislation.pdf 07-01038 Exhibit.pdf 07-01038 Exhibit 2.pdf 07-01038 Exhibit 3.pdf 07-01038 Exhibit 4.pdf 07-01038 Exhibit 5.pdf 07-01038 Summary Fom.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0468 CA.5 07-01043 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT Administration (S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BOUNDLESS PLAYGROUND AT BRYAN PARK," AND APPROPRIATING FUNDS IN THE AMOUNT NOT TO EXCEED $250,000, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR THE BOUNDLESS PLAYGROUND PARK IMPROVEMENTS PROJECT AT BRYAN PARK, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF AND THE IMPLEMENTATION OF SAID GRANT. 07-01043 Legislation.pdf 07-01043 Exhibit.pdf 07-01043 Exhibit 2.pdf 07-01043 Exhibit 3.pdf 07-01043 Exhibit 4.pdf 07-01043 Exhibit 5.pdf 07-01043 Exhibit 6.pdf 07-01043 Exhibit 7.pdf 07-01043 Exhibit 8.pdf 07-01043 Exhibit 9.pdf 07-01043 Exhibit 10.pdf 07-01043 Exhibit 11.pdf 07-01043 Exhibit 12.pdf 07-01043 Exhibit 13.pdf 07-01043 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0469 City ofMiami Page 9 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 CA.6 07-01061 Department of Purchasing CA.7 07-01064 Department of Purchasing RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CONTRACT FOR HORTICULTURAL CHEMICALS FROM VARIOUS VENDORS PURSUANT TO TOWN OF DAVIE (SOUTHEAST FLORIDA COOPERATIVE GROUP) CONTRACT, B07-32, EFFECTIVE THROUGH APRIL 17, 2008, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE TOWN OF DAVIE (SOUTHEAST FLORIDA COOPERATIVE GROUP), TO BE UTILIZED ON AS -NEEDED BASIS, CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01061 07-01061 07-01061 07-01061 07-01061 07-01061 07-01061 07-01061 07-01061 07-01061 07-01061 Legislation.pdf Summary Form.pdf Award Recommendation Form.pdf Letter. pdf Memo. pdf Pre -Legislation. pdf Procurement Authorization.pdf Horticultural Chemicals List.pdf Letter 2.pdf Notice to Bidders.pdf CO-OP Members.pdf 07-01061 Terms & Conditions.pdf 07-01061 Nature of Bid.pdf 07-01061 Request for Tax Payer ID.pdf 07-01061 Vendor Bidder Disclosure.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0470 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 31, 2006, FROM PROMAXIMA MANUFACTURING, LTD, PURSUANT TO INVITATION FOR BIDS NO. 05-06-072, FOR THE PURCHASE OF FITNESS AND EXERCISE EQUIPMENT, FURNISH AND INSTALL, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01064 Legislation.pdf 07-01064 Summary Form.pdf 07-01064 Award Recommendation and Approval Form.pdf 07-01064 Tabulation of Bids.pdf 07-01064 Invitation for Bids.pdf City ofMiami Page 10 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 CA.8 07-01066 Department of Purchasing CA.9 07-01067 Department of Purchasing This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0471 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF REAL TIME CLOSED AND OPEN CAPT-STENOGRAPHY, FROM CAPTION FIRST, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 7392-3/01-2, EFFECTIVE THROUGH FEBRUARY 29, 2008, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID PURCHASES ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01066 Legislation.pdf 07-01066 Summary Form.pdf 07-01066 Letter.pdf 07-01066 Confirmation Sheet.pdf 07-01066 Contract Award Sheet.pdf 07-01066 Invitation To Bid.pdf 07-01066 Invitation To Bid 2.pdf 07-01066 Special Conditions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0472 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF MANAGEMENT CONSULTING SERVICES, AWARDED UNDER STATE OF FLORIDA CONTRACT NO. 973-001-06-1, EFFECTIVE UNTIL MAY 31, 2009, AWARDED TO VARIOUS VENDORS AS LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, SUBJECT TO EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, PURSUANT TO RESOLUTION NO. 04-0562, ADOPTED SEPTEMBER 9, 2004, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY AND DEPARTMENTS CITYWIDE, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01067 Legislation.pdf 07-01067 Exhibit.pdf 07-01067 Summary Form.pdf 07-01067 Certified Copy.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 11 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 R-07-0473 CA.10 07-01069 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE CITY MANAGERS EXECUTION OF AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN THE AMOUNT OF $100,000, FOR LITTER AND DEBRIS CLEANUP ON THE MIAMI RIVER, WITH SERVICES PROVIDED BY USING THE CITY OF MIAMI'S EXISTING CONTRACT WITH WATER MANAGEMENT TECHNOLOGIES, INC., USING THE SCAVENGER 2000 DECONTAMINATION BOAT, PURSUANT TO RESOLUTION NO. 07-0348, ADOPTED JUNE 14, 2007; APPROPRIATING SAID FUNDS IN A SEPARATE ACCOUNT FROM THE PUBLIC WORKS GENERAL FUND, AWARD NO. 1364, PROJECT 20-200002. 07- 01069 Legislation.pdf 07- 01069 Summary Form.pdf 07-01069 Master Report.pdf 07- 01069 Letter.pdf 07- 01069 Memo.pdf 07- 01069 Memo 2.pdf 07- 01069 Interlocal Agreement.pdf 07- 01069 Memo 3.pdf 07- 01069 Award Set-up Form.pdf 07- 01069 E-mail.pdf 07- 01069 Oracle Application.pdf 07- 01069 Memo 4.pdf 07-01069-Submittal-Miami River Commission Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0474 CA.11 07-01071 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE USE OF UNITED STATES GENERAL SERVICES ADMINISTRATION ("GSA") FEDERAL SUPPLY SCHEDULES CONTRACTS TO BE USED BY STATE AND LOCAL GOVERNMENTS, TO FACILITATE RECOVERY FROM A MAJOR DISASTER DECLARED BY THE PRESIDENT UNDER THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OR TO FACILITATE RECOVERY FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK, SUBJECT TO EXTENSIONS OR REPLACEMENT CONTRACTS BY GSA, FOR CITYWIDE USE, FROM VARIOUS VENDORS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01071 Legislation.pdf 07-01071 Exhibit.pdf 07-01071 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 12 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 CA.12 07-01073 Department of Purchasing CA.13 07-01075 Department of Building R-07-0475 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JUNE 29, 2007, FROM THE VARIOUS PRE -QUALIFIED VENDORS AS LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 28012, FOR THE DEPARTMENT OF PURCHASING, TO PROVIDE GENERAL BUILDING/SPECIALTY TRADE SERVICES, FOR VARIOUS CITYWIDE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS, ON AN AS -NEEDED PROJECT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH SAID RFQ, TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 07-01073 Legislation.pdf 07-01073 Exhibit.pdf 07-01073 Summary Form.pdf 07-01073 Request For Qualifications .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0476 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY ("COUNTY")BOARD OF COUNTY COMMISSIONERS, THE COUNTY BUILDING CODE COMPLIANCE OFFICE AND THE BUILDING OFFICIAL TO TAKE ALL NECESSARY STEPS TO AMEND THE COUNTY CODE, CHAPTER 8, SECTION 8-10 (PERMITS), TO ENHANCE EXISTING REQUIREMENTS UNDER "CONDITIONS OF PERMITS," SPECIFICALLY, THE "JOB ABANDONMENT" DEFINITION, BY ADDING LANGUAGE LIMITING THE TIME THAT AN EXTENSION OR COMPLETION PERMIT MAY BE GRANTED TO AN ORIGINAL BUILDING PERMIT FOR A NEW SINGLE FAMILY RESIDENCE OR DUPLEX STRUCTURE TO A MAXIMUM OF FOUR (4) YEARS; PROVIDING THAT AFTER SUCH TIME, SHOULD THE PERMIT BECOME EXPIRED AND AN EXTENSION TO OR COMPLETION PERMIT BE REQUESTED, PERMIT HOLDER/APPLICANT MUST SUBMIT A FULL SET OF PLANS, SAID PERMIT MUST COME INTO FULL COMPLIANCE WITH ALL APPLICABLE CODES AT THE TIME OF REQUEST, AND PLANS WILL MITIGATE ALL REQUIRED CHANGES TO COMPLY WITH CURRENT APPLICABLE LAWS AND ORDINANCES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE OFFICIALS AS SPECIFIED HEREIN. 07-01075 Legislation.pdf 07-01075 Summary Form.pdf City ofMiami Page 13 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0477 CA.14 07-01078 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY HEALTH DEPARTMENT, FOR USE OF THE ORANGE BOWL STADIUM AND/OR THE COCONUT GROVE EXPO CENTER, ON AN AS -NEEDED BASIS AND SUBJECT TO AVAILABILITY, FOR A TERM OF ONE-YEAR, FOR THE PURPOSE OF PROVIDING QUARANTINE SHELTERS FOR THE COMMUNITY'S PROTECTION FROM UNSAFE CONDITIONS THAT POSE A THREAT TO PUBLIC SAFETY AND HEALTH IN THE SOUTH FLORIDA AREA; PROVIDING FOR A WAIVER OF THE BASIC USE FEE ASSOCIATED WITH SUCH USE; FURTHER PROVIDING FOR TERMINATION BY EITHER PARTY BY PROVIDING NO LESS THAN THIRTY (30) DAYS ADVANCE WRITTEN NOTICE. 07-01078 Legislation.pdf 07-01078 Exhibit.pdf 07-01078 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0478 CA.15 07-01081 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY HEALTH DEPARTMENT, FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE AGENCY OF THE STATE OF FLORIDA, FOR THE USE OF A CERTAIN AREA WITHIN THE CITY -OWNED ORANGE BOWL PROPERTY, LOCATED AT 1380 NORTHWEST 6TH STREET, LOT #E2, MIAMI, FLORIDA, FOR USE AS PARKING FOR UP TO ONE HUNDRED (100) NON-COMMERCIAL, EMPLOYEE VEHICLES, ON A MONTH TO MONTH BASIS, EFFECTIVE OCTOBER 1, 2007; PROVIDING FOR THE PAYMENT OF A MONTHLY USE FEE OF FIVE THOUSAND TWO HUNDRED DOLLARS ($5,200); FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID AGREEMENT, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City ofMiami Page 14 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01081 Legislation.pdf 07-01081 Exhibit.pdf 07-01081 Exhibit 2.pdf 07-01081 Exhibit 3.pdf 07-01081 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0479 CA.16 07-01084 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS, IN THE AMOUNT $80,000, FROM THE MAYOR'S POVERTY INITIATIVE, SPECIAL REVENUE ACCOUNT CODE NO. 119005-250103-9-956; ALLOCATING SAID FUNDS, FOR FISCAL YEAR 2007-2008, TO THE SPECIAL REVENUE FUND ENTITLED "AMERICORPS VOLUNTEERS IN SERVICE TO AMERICA ("VISTA")" ACCOUNT CODE NO. 110146.098002.8.436, TO SERVE AS MATCHING FUNDS FOR AN EXISTING GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, THAT PROVIDES FOR UP TO EIGHTEEN (18) VISTA MEMBERS TO SERVE AT COMMUNITY -BASED AND FAITH -BASED ORGANIZATIONS THROUGHOUT THE CITY OF MIAMI, WITH THE GOAL OF POVERTY REDUCTION. 07-01084 Legislation.pdf 07-01084 Exhibit.pdf 07-01084 Exhibit 2.pdf 07-01084 Exhibit 3.pdf 07-01084 Exhibit 4.pdf 07-01084 Summary Form.pdf 07-01084 Pre-Attachment.pdf 07-01084 Letter.pdf 07-01084 Pre-Legislation.pdf 07-01084 Pre -Attachment 2.pdf 07-01084 Pre -Legislation 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0480 CA.17 07-01113 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND DONE DEAL HOLDINGS, INC., A FLORIDA CORPORATION ("LESSOR"), FOR THE USE OF APPROXIMATELY 1,400 SQUARE FEET OF OFFICE SPACE, LOCATED AT 2299 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, FOR City ofMiami Page 15 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 THE OPERATION OF THE CORAL WAY NEIGHBORHOOD ENHANCEMENT TEAM, TO PROVIDE FOR THE FOLLOWING: 1) A ONE-YEAR TERM COMMENCING ON THE EFFECTIVE DATE, WITH AN OPTION BY THE LESSEE TO EXTEND FOR TWO ADDITIONAL ONE-YEAR TERMS; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $23.14, PER SQUARE FOOT, WITH RENT FOR EACH OPTION YEAR TO BE INCREASED BY THREE PERCENT (3%) WITH LESSEE PAYING FOR ELECTRICITY; 3) LESSOR TO PROVIDE EXCLUSIVE USE OF THREE (3) PARKING SPACES; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 11500.151000.544000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-01113 Legislation.pdf 07-01113 Exhibit.pdf 07-01113 Exhibit 2.pdf 07-01113 Exhibit 3.pdf 07-01113 Summary Form.pdf 07-01113 Email.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0481 Adopted the Consent Agenda Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: All right, and now we're going to move into the consent agenda. Does any of the Commissioner wants any items continued, defer, pulled for discussion? Hearing none, we need a motion to approve the consent agenda. Vice Chairman Sanchez: So moved. 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: Those opposed have the same right. Motion carries. City ofMiami Page 16 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PH.1 07-00827 Department of Capital Improvements Program PUBLIC HEARINGS RESOLUTION 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 MANAGERS EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-86 AND 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR DREDGING SERVICES FOR SEYBOLD CANAL AND WAGNER CREEK, PROJECT B-50643, BID NO. 05-06-090; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CH2M HILL, INC., IN AN AMOUNT NOT TO EXCEED $1,000,000, CONSISTING OF $917,381, FOR THE WORK AND $82,619, AS THE OWNERS CONTINGENCY; ALLOCATING FUNDS FROM CAPITAL PROJECT B-50643. 07-00827 Legislation.pdf 07-00827 Exhibit.pdf 07-00827 Exhibit 2.pdf 07-00827 Summary Form.pdf 07-00827 Memo.pdf 07-00827 Memo 2.pdf 07-00827 Notice of Public Hearing.pdf 07-00827-Submittal-Miami River Commission Letter.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-07-0482 Chairman Gonzalez: All right. Let's go to PH.1. Good morning, sir. Ola O. Aluko (Director, Capital Improvements Program): Good morning, Commissioners. Ola Aluko, director of City ofMiami Public --I'm sorry, City ofMiami Capital Improvements Department. PH.1. PH.1 is an approval of a resolution by four fifths affirmative vote adopting the City Manager's recommendation to award the agreements to the most qualified firm using a competitive negotiations method stipulated in Section 18-86 of the City ofMiami Code, and to authorize the City Manager to execute a contract with CH2M Hill, in the amount not to exceed $1 million, consisting of $917, 000 plus for the scope and $82, 000 plus as owner's contingency. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Ashley Chase: Good morning. Ashley Chase, Miami River Commission, with offices at 1407 Northwest 7th Street. The MRC (Miami River Commission) recommends approval ofPH.1, contracting a firm for the design and permitting of the Wagner Creek and Seybold Canal dredging project. The MRC commends the City of Miami for making progress and achieving the long-term goal of dredging Wagner Creek and Seybold Canal, as this is consistent with the Miami River Bays and Water Quality Improvement Plan and the Miami River Corridor Urban City ofMiami Page 17 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Infill Plan. Thank you. Chairman Gonzalez: You're welcome. Anyone else from the public? Hearing none, the public hearing is closed. Is there a motion? Commissioner Spence -Jones: Yes, I'd like to move it, but I have a comment. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. Discussion. Commissioner Regalado: Second. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Ola, I just -- the only -- thank God this project is finally moving, andl appreciate your leadership in getting that done. Mr. Aluko: Thank you. Commissioner Spence -Jones: The only thing that would really like to have happen and to make sure happens is that the Spring Garden Association, which is very much involved and has been active in this whole issue of trying to move this project, and of course, the Miami River Commission, to really make sure that they're involved; that there's an official briefing with them from the beginning with the contractors and the individuals in the area. I think it's important for them to stay abreast as to what's happening, so if -- that's the only request thatl would like to have happen -- Mr. Aluko: Yes, Commissioner. As soon as -- Commissioner Spence -Jones: -- to make sure that they stay involved. Mr. Aluko: -- the agreement is executed and -- for our first meeting, we'll ensure that the -- both parties that you just mentioned are a part of the initial meeting. Commissioner Spence -Jones: OK. Thank you. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. [Later..] Chairman Gonzalez: Yes, Mr. City -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- Attorney. Mr. Fernandez: The item that you just passed the record should reflect that it was a unanimous vote because it did require a four fifth vote of the Commission. City ofMiami Page 18 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: All right. So be it. 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.pdf 07-00843 Exhibit 2.pdf 07-00843 Summary Form.pdf 07-00843 Memo.pdf 07-00843 Notice Of Public hearing.pdf 07-00843 Memo 2.pdf 07-00843 Notice Of Public Hearing 2.pdf Motion by Commissioner Spence -Jones, 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-07-0483 Chairman Gonzalez: PH.2. Laura Billberry (Director): Hi. Lori Billberry, Public Facilities. This is a resolution authorizing the sale of the City -owned property at 4001 Northwest 17th Avenue to Centurion Community Development Center for $10, 000. This item was deferred from the July 10 agenda due to the Commission's request that we look at possibly making this a pocket park. We have met with the district Commissioner, Commissioner Spence -Jones, and the Parks Department, and due to its size and location, it was determined that it was not the best use for this site, and we would like to proceed in disposing of it. We have included a restriction that no billboards will be allowed on the site, as also requested by the Commission. Chairman Gonzalez: All right. Is there a motion on it? Commissioner Spence -Jones: So moved. Commissioner Sarnoff Second. Commissioner Spence -Jones: Discussion. City ofMiami Page 19 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PH.3 07-01041 Department of Public Works Chairman Gonzalez: We have a motion, and we have a second. Discussion. Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Lori, for meeting with me regarding this issue. I know that one of the issues that we were trying to look at is to find as much green space as possible for our neighborhoods, but after really looking at the spot -- it is right off the expressway, and it would almost create a hazard, so I just wanted to at least say thank you for getting to the bottom of it, andl really appreciate it. Ms. Billberry: Thank you. Chairman Gonzalez: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "EVANRAFY SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 07-01041 Legislation.pdf Exhibit.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Summary Form.pdf Memo. pdf Notice Of Public Hearing.pdf Memo 2.pdf Notice Of Public Hearing 2.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-07-0507 Chairman Gonzalez: PH.3. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.3 is a resolution accepting the plat of Evanrafy Subdivision, which is located along the north side of Northwest City ofMiami Page 20 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 5th Street between Northwest 30th and 31st Avenues. Chairman Gonzalez: Northwest 15th Street, right? Ms. Grindell: Yes. Chairman Gonzalez: OK. I just have one question in reference to that item. That is in my district, and that's an R-1 zone. Ms. Grindell: Yes. Chairman Gonzalez: What are the future plans on that piece of land? Ms. Grindell: They're going to be creating four lots and a private road for single-family residential. Chairman Gonzalez: Single-family residents? Ms. Grindell: Um -hum. Chairman Gonzalez: OK. All right. Is there a motion on the item? Commissioner Sarnoff So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.4 07-01050 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ICE PALACE," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 21 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01050 Legislation.pdf 07-01050 Exhibit.pdf 07-01050 Exhibit 2.pdf 07-01050 Exhibit 3.pdf 07-01050 Exhibit 4.pdf 07-01050 Exhibit 5.pdf 07-01050 Exhibit 6.pdf 07-01050 Sumary Form.pdf 07-01050 Memo.pdf 07-01050 Notice Of Public Hearing.pdf 07-01050 Memo 2.pdf 07-01050 Notice Of Public Hearing 2.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-07-0484 Chairman Gonzalez: PH.4. Stephanie Grindell (Director, Public Works): PH.4 is a resolution accepting the plat of Ice Palace, which is located on Northwest 14th Street and Northwest 15th Street between North Miami Avenue and the FEC (Florida East Coast) Railroad right-of-way. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. I forgot to open this to the public hearing. Let me rectify the record. Anyone from the public that wants to address PH.2, PH.3, or PH.4, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. We have a motion, and we have a second. All in -- We do, right? -- favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.5 07-01051 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "JACKSON SOUL," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 22 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01051 Legislation.pdf 07-01051 Exhibit.pdf 07-01051 Exhibit 2.pdf 07-01051 Exhibit 3.pdf 07-01051 Exhibit 4.pdf 07-01051 Exhibit 5.pdf 07-01051 Summary Form.pdf 07-01051 Memo.pdf 07-01051 Notice Of Public Hearing.pdf 07-01051 Memo 2.pdf 07-01051 Notice Of Public Hearing 2.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-07-0485 Chairman Gonzalez: PH. 6. Stephanie Grindell (Director, Public Works): PH.5. Vice Chairman Sanchez: PH.5. Chairman Gonzalez: I'm sorry, PH.5. Ms. Grindell: PH.5 is a resolution accepting the proposed plat of Jackson Soul, which is located at the southwest corner of Northwest 3rdAvenue and Northwest 10th Street. Chairman Gonzalez: Is there a motion on the item? Commissioner Spence -Jones: So moved. Commissioner Sarnoff So move. Chairman Gonzalez: There is a motion. There is a -- Commissioner Sarnoff Second. Chairman Gonzalez: -- 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, the public hearing is closed. Commissioner Spence -Jones: Mr. Chairman, I just want to make one little, quick comment. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: I just want to tell Stephanie and, really, the CRA (Community Redevelopment Agency) team and everybody that's worked along with you to finally get this project done. It's been since 1999 we've been trying -- Ms. Grindell: Yeah. Commissioner Spence -Jones: -- to get Jackson Soul Food moving to be rehabilitated, andl want to just say thank you. This will allow for them -- for the permit -- City ofMiami Page 23 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PH.6 07-01052 Department of Capital Improvement Programs/Transpor tation Ms. Grindell: Yes. Commissioner Spence -Jones: -- to -- Ms. Grindell: As soon as the plat gets recorded at the County, they can get the permit. Commissioner Spence -Jones: OK. All right. I just want to say thank you personally on the record. Ms. Grindell: You're welcome. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS EMERGENCY FINDINGS, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-86 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GRANT AGREEMENT BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., PURSUANT TO RESOLUTION NO. 05-0572, ADOPTED SEPTEMBER 22, 2005, FOR PUBLIC TRANSPORTATION SERVICES, CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-71201; PROVIDING FORA ONE-YEAR EXTENSION (OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008), WITH THE OPTION OF AN ADDITIONAL ONE-YEAR EXTENSION; ALLOCATING FUNDS, IN THE AMOUNT OF $319,000, FOR FISCAL YEAR 2007-2008, FROM CIP NO. B-71201, TRANSPORTATION AND TRANSIT FUNDS, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO CITY COMMISSION AND BUDGETARY APPROVAL. City ofMiami Page 24 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01052 Legislation.pdf 07-01052 Exhibit.pdf 07-01052 Exhibit 2.pdf 07-01052 Exhibit 3.pdf 07-01052 Exhibit 4.pdf 07-01052 Exhibit 5 .pdf 07-01052 Exhibit 6. pdf 07-01052 Exhibit 7.pdf 07-01052 Exhibit 8.pdf 07-01052 Exhibit 9.pdf 07-01052 Exhibit 10.pdf 07-01052 Exhibit 11.pdf 07-01052 Exhibit 12.pdf 07-01052 Exhibit 13.pdf 07-01052 Exhibit 14.pdf 07-01052 Exhibit 15.pdf 07-01052 Exhibit 16.pdf 07-01052 Exhibit 17.pdf 07-01052 Exhibit 18.pdf 07-01052 Exhibit 19.pdf 07-01052 Exhibit 20.pdf 07-01052 Exhibit 21.pdf 07-01052 Exhibit 22.pdf 07-01052 Exhibit 23.pdf 07-01052 Exhibit 24.pdf 07-01052 Summary Form.pdf 01-01052 Memo.pdf 07-01052 Notice Of Public Hearing.pdf 07-01052 Memo 2 .pdf 07-01052 Memo 3.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0486 Chairman Gonzalez: PH. 6. Lilia Medina (Assistant Transportation Coordinator): PH. 6 -- Lilia Medina, Office of Transportation -- is a resolution to authorize the City Manager extend the existing agreement between the City and Action Community Center for a third amendment to allow for circulator services for the amount of 319, 000. Chairman Gonzalez: All right. Vice Chairman Sanchez: Public hearing. Chairman Gonzalez: Does this has to do with the shortfall thatAccion had? Ms. Medina: The amount of 19,000 is for the shortfall to cover the County's cutbacks for the circulator services. Chairman Gonzalez: So they're going to be able to rehire the two drivers that they had to lay City ofMiami Page 25 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 off? Ms. Medina: They may be able to rehire, and we might have to do a rerouting of some of the services, Commissioner. Chairman Gonzalez: Do we have anybody here from Accion? Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Incredible. They have an item on the agenda for funds, and they're not here. All right. Commissioner Regalado, you're recognized, sir. Commissioner Regalado: Thank you. This is the same level as last year. Ms. Medina: Commissioner, it's the -- last year was 300, 000, and the previous years have been 300, 000. This is actually $19, 000 more to cover the shortfall from the County. Commissioner Regalado: OK, so the service in the City is and it will be the same? And these -- Ms. Medina: That's correct. Commissioner Regalado: -- by the way, these are not circulators. Chairman Gonzalez: No. Commissioner Regalado: These are buses that go to a specific addresses to pick up elderly residents and bring them to -- Chairman Gonzalez: The senior center. Commissioner Regalado: -- the social service centers. Ms. Medina: Commissioner, a clarification. There are certain routes that are fixed route, open to the public, and are actually from destination to destination and not on demand, so a portion of their service is for fixed route and for destinations like from Publix to a community center. Commissioner Regalado: Well, yeah. That understand, but the main service will be transportation for elderly, not for anyone to just get on it. Ms. Medina: Actually -- and that's been some -- an issue in the past. The bus services are able to pick up people who would want to get on, and they don't have to pay for it. Commissioner Regalado: I understand that, but the main service would be for the elderly to do their chores or attend community centers. That's the main purpose of Accion, right? Vice Chairman Sanchez: Yes. Commissioner Regalado: That's their -- Vice Chairman Sanchez: Yes. Commissioner Regalado: -- mission statement. Ms. Medina: That is their main purpose right now, but we are also looking at some rerouting changes to have them go to certain destinations and have more routes that serve more City ofMiami Page 26 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 destinations. Commissioner Regalado: OK, but that really presents a problem now because you see some of the community agencies and community centers have their own transportation, but because of the cuts, if they were to be cut by the County -- we don't know that yet -- some of their services would have to be reduced, so Accion will have to take over those services because they would need to transport. If we were to -- like, for instance, Badias (phonetic), right, which is Southwest Senior Center, they have their own, but they also are serve by Accion, but if we were to declare that this is a circulator, like the one we have here in the Grove, then we have to advertise as a circulator, and then the capacity will be limited for the people -- Ms. Medina: That's correct. Commissioner Regalado: -- for the elderly people, so -- Ms. Medina: That's correct. Commissioner Regalado: -- this is a situation that we need to clam. I understand that CITT (Citizens Independent Transportation Trust) in the County would demand that this will be open to the public, but we need to understand that their main -- their mission statement is to transport elderly because if we going to open this to the public, to the general public on a fixed route, then we have to make stops and place signage saying, you know, "City of Miami Circulator," whatever, you know, and so I think that it is important that we study that situation because you cannot have it both ways. You cannot have an open route and then fill the capacity two blocks before the people are to be pick up, so that's a concern that I think we should address. That's it, Mr. Chairman. Chairman Gonzalez: All right. There is a motion. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second, but -- Priscilla A. Thompson (City Clerk): No. Commissioner Spence -Jones: -- I do have a discussion on it. I just want -- Chairman Gonzalez: It's a public hearing. Anyone from the public that wants to speak on the item? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Jones [sic]. Commissioner Spence -Jones: Yes. I needed some clarity from this item, and in my meeting we had yesterday, I guess I gained some, and this morning, I appreciate you coming by to further explain it. I just -- with all the cuts that are happening in the County period from the standpoint of social service -based programs, elderly -based programs, transportation is a big item in many of their budgets, I'm sure you've heard, so my question to you this morning when we talked earlier was really trying to understand if this -- is this a line item or are these funds that could be made available if there is an emergency situation that comes up where there is a social service organization that has lost funds, or whatever the case may need [sic], and they need that type of support transportation could this be made available, and what you communicated to me was that it could, but not on demand, like you -- Ms. Medina: That's correct. Commissioner Spence -Jones: -- we just can't call it up or whatever, and again, I'm not going to City ofMiami Page 27 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 be calling you up for the -- only if there's emergency situations. My concern yesterday in my briefing prior to meeting with you this morning, which I expressed to Ola, was I just did not want us to be in a situation if we were audited for any reason and these transportation dollars that came from the half -cents -- penny -- halfpenny tax, that we would later, you know, get into an issue because it was only supposed to be used for construction or those type of things, but you assured me that that's not the case, that 20 percent of the budget could be used for transportation -related issues. Ms. Medina: Twenty percent of the collections from the half -cent surtax are mandated to be used for transit services -- Commissioner Spence -Jones: OK. Ms. Medina: -- at minimum. Commissioner Spence -Jones: OK -- Ms. Medina: Yeah. Commissioner Spence -Jones: -- so -- and your communication to me was if it is an organization that is in trouble that this particular line item, transportation, has become a problem, that if they -- if we made this -- these resources available to them, that the service had to be open to anybody that decided to get on the bus. That's the -- Ms. Medina: And that's correct. They have -- Commissioner Spence -Jones: OK. Ms. Medina: -- to be free, fixed route, and open. Commissioner Spence -Jones: OK. Thankyou. Ms. Medina: Thankyou. Chairman Gonzalez: All right. I already open it to the public and close it. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: It's a four fifth. Chairman Gonzalez: Motion carries. Pardon me? Vice Chairman Sanchez: It's a four fifth. Chairman Gonzalez: It's a four fifth, but it was -- Vice Chairman Sanchez: Unanimous. Chairman Gonzalez: -- voted unanimous. All right. I'm going to skip PH.7 at the request of Commissioner Spence -Jones. I'm takingPH.8. Commissioner Regalado: No. It's not -- Pamela E. Burns (Assistant City Clerk): I'm sorry. That -- City ofMiami Page 28 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: -- it is not -- Ms. Burns: -- it's not 10:30 yet. Commissioner Regalado: Chairman, it's not 10:30. Chairman Gonzalez: 10:30. All right. It's 10: 20. 10:30 AM PH.7 07-01053 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 32ND YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $30,550, FROM PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC.; ALLOCATING SAID FUNDS TO THE SUNDARI FOUNDATION, INC., TO CONTINUE TO PROVIDE MEALS TO THE HOMELESS WOMEN RESIDING IN THE FACILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT WITH THE SUNDARI FOUNDATION, INC., FOR SAID PURPOSE. City ofMiami Page 29 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01053 Legislation.pdf 07-01053 Exhibit.pdf 07-01053 Exhibit 2.pdf 07-01053 Exhibit 3.pdf 07-01053 Exhibit 4.pdf 07-01053 Summary Form.pdf 07-01053 Ad.pdf 07-01053 Ad 2.pdf 07-01053 Ad 3.pdf 07-01053 Ad 4.pdf 07-01053 Pre-Legislation.pdf 07-01053 Agencies Recommended. pdf 07-01053 Agencies Not Recommended.pdf 07-01053 Amendment #1.pdf 07-01053 Certification Of Resolutions. pdf 07-01053 Homeless Services.pdf 07-01053 Certificate Of Insurance. pdf 07-01053 Homeless Services Agreement. pdf 07-01053 Certification Of Resolutions 2.pdf 07-01053 Master Report.pdf 07-01053 Agencies Recommended 2.pdf 07-01053 Homeless Services 2.pdf 07-01053 Compensation and Budget Summary.pdf 07-01053 Staff Salary Forecast.pdf 07-01053 Cost Allocation Plan. pdf 07-01053 Certification Regarding Lobbying. pdf 07-01053 Certification Regarding Debarment. pdf 07-01053 Sworn Statement.pdf 07-01053 Insurance Requirements.pdf 07-01053 Certificate Of Insurance 2.pdf 07-01053 Certificate Of Insurance 3.pdf 07-01053 Certificate Of Insurance 4.pdf 07-01053 Insurance Safety Approval Form.pdf 07-01053 Letter.pdf Motion by Commissioner Spence -Jones, 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-07-0497 Direction by Commissioner Spence -Jones to the Administration to review and report back to the City Commission on any additional Emergency Shelter Grant funds that can be utilized to provide continued support to the Lotus House. Chairman Gonzalez: All right. PZ.1. Commissioner Spence -Jones: OK. Chairman Gonzalez: Tucker. Commissioner Spence -Jones: Mr. Chairman, you're going to -- we have the PZ.7 [sic] item that PZ.7 [sic] item -- PH.7 item. City ofMiami Page 30 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: You're ready for that? Commissioner Spence -Jones: Yeah, I'm ready. I've been briefed. Chairman Gonzalez: Just give me one second. PH.7. Vice Chairman Sanchez: PH.7? Commissioner Spence -Jones: Yeah. This is a transfer offunds. Alfredo Duran (Assistant Director, Community Development): Yes. PH.7 is the transfer offunds authorizing the transfer of 32nd Year Community Development funds, in the amount of $30, 550, from Progressive Vision Community Development to Sundari Foundation. Progressive Vision, unfortunately, was not able to meet their contractual obligations, and these are public service monies that we will lose for 32nd Year if we don't give it to another public service agency, so before losing it, we give it to the Sundari Foundation, who have a very, very good program to feed homeless women. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward Yes, ma'am. Constance Collins: Thank you. Good morning. My name is Constance Collins. I'm the president of the Sundari Foundation, which established the Lotus House Women's Shelter last year in Overtown, and thanks to the help of this Commission and really 146,000 in emergency shelter funds we received last year and $20, 000 this past year in public service funds, we housed well over a hundred women, plus infants, in this past year. To give you some idea of who we serve, 60 to 70 percent of the women we serve are chronically homeless before they come here. In many cases, we're really the shelter of last resort. They come by referrals from hospitals, rehab centers, safe houses, all the temporary shelters and straight off the streets. Our program is different because we provide housing free for up to a year. They don't just get food and clothing and a shelter and sanctuary to live in. They get counseling on site. They get employment services, social services support, and we connect them to existing mental health and medical services within the community. Our goal at Lotus House is not to be a typical shelter, but a place for women to really break that cycle of homelessness and to get back on their feet. A hundred percent of the women who complete our program end up in permanent housing, supportive housing, or assisted living facilities, depending on their needs. We don't -- not everyone completes the program, but well over 50 percent of those who come through do get permanent housing and do break that cycle. This last spring we opened the maternity ward that focuses just on women who are homeless and pregnant and their infants. Chairman Gonzalez: All right. Ms. Collins: There's enormous need for this. Over $800, 000 a year to run this shelter. We understand next year we're going to get $16, 000 in public service money. We're not going to get the $146, 000, I understand, from emergency shelter funds because we've been told there isn't any available. We'll shut our doors next year if we don't have a way to replace those funds. Every great city in the United States recognizes that there are gender -specific needs of homeless women that have to be addressed. We're hoping that you can find a way to provide additional funding. We appreciate the 30,000 -- let me emphasize that -- but we're hoping that you can find a way to provide some additional funding so that we don't close our doors next year. A full six -- full $500, 000 every year we raise through private fundraisers, through all sorts of activities, everything from selling water to art auctions, but we need that money, that quarter percent -- or 25 percent of funding we've gotten from the City and the Homeless Trust, so I'm really praying that you can find a way to help keep this shelter open. We put enormous private resources and money from lots of individuals to open this facility through a lot of challenges resolved and City ofMiami Page 31 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 enormous odds to start from nothing, so we're praying that you have some money for us for this coming year, as well as the extra from last year. Thank you. Chairman Gonzalez: Thank you very much. Commissioner Regalado: Mr. Chairman. Constance -- Ms. Collins: Yes. Commissioner Regalado: -- last year -- well, last year, no. I think it was like six or seven month ago the Homeless Trust gave you a contract of $25, 000, right? Ms. Collins: Actually, we get $104, 000 a year from the Homeless Trust for seven of our fifty beds. Commissioner Regalado: Right, so -- but the one I voted on on the Homeless was 20 -- it was the whole contract and that -- Ms. Collins: A hundred and four thousand -- Commissioner Regalado: OK. Ms. Collins: -- per year. Commissioner Regalado: The -- this year, have you gone through the process yet with David Raymond and the people? Ms. Collins: It's my understanding there are -- that enough -- unless another shelter of some sort relinquishes their beds, there isn't any additional funding for our shelter. Commissioner Regalado: OK, because the Homeless Trust has gotten a little more this year than the year before, andl think it's important that probably we explore that route, so we will. I mean Ms. Collins: Appreciate that. Commissioner Regalado: OK. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. It's a resolution. We need a motion and a second. Commissioner Spence -Jones: You have a motion. I got a discussion, though. Chairman Gonzalez: OK. Commissioner Spence -Jones: Motion. Chairman Gonzalez: We have a motion. Is there a -- Commissioner Spence -Jones: Move. Chairman Gonzalez: -- second? Commissioner Spence -Jones: So moved. City ofMiami Page 32 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Vice Chairman Sanchez: Second. Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. Discussion. Commissioner Spence -Jones: Yes, Mr. Chairman. I will be brief because I know we're trying to move to the next item. I just wanted to say, for those folks that truly know the Lotus House, and) know that Commissioner Regalado knows them and appreciates the value of them, but I truly appreciate everything that they do in the heart of Overtown. I mean, they started off with one building, and that was really Constance's dream and vision. She didn't have to do this in her life. She decided she wanted to make a difference and decided to do this, and now they just opened up a new ward for women that are on the streets and pregnant, and many people are now being served through their great work. I just wanted to just make it clear that I'm very supportive of their activities with the Lotus House, which is a facility that does provide, you know, resources to homeless women in my area. I'm present at all their fundraisers and activities for the Lotus House, and anything that I can do to support them personally and as a district Commissioner, I do it because I do understand that sometimes we get down and out in our life -- in our lives and there's no one there to pick us up. There's about 13 women that have adopted the shelter, and we continue to work with them. I just wanted to make sure -- and) checked with the City Attorney -- that there's no conflict whatsoever for me to vote on this item because I do everything) need to do to make sure that they stay alive and they breathe because if no one supports them, it will not happen, so I'm really trying to make sure that they have this, and we have transferred funds from a particular organization to support this, but) would ask for the City staff to look -- go back and look at the emergency shelter grant because I know last year we were able to give them additional funds. Any emergency shelter grant dollars that I have left that are sitting around for whatever reason or not being used, I would ask that they please come back to us to let us know whether or not we can provide continued support to the Lotus House. Chairman Gonzalez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those -- motion carries. PH.8 07-01054 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN THE Development TOTAL AMOUNT OF $345,597, TO THE AGENCIES AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES IN THE 33RD PROGRAM YEAR BEGINNING OCTOBER 1, 2007; ALLOCATING SAID FUNDS FROM GENERAL FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. City ofMiami Page 33 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01054 Legislation.pdf 07-01054 Exhibit.pdf 07-01054 Exhibit 2.pdf 07-01054 Exhibit 3.pdf 07-01054 Exhibit 4.pdf 07-01054 Exhibit 5.pdf 07-01054 Exhibit 6.pdf 07-01054 Exhibit 7.pdf 07-01054 Exhibit 8.pdf 07-01054 Exhibit 9.pdf 07-01054 Exhibit 10.pdf 07-01054 Exhibit 11.pdf 07-01054 Summary Form.pdf 07-01054 Ad.pdf 07-01054 Ad 2.pdf 07-01054 Ad 3.pdf 07-01054 Ad 4.pdf 07-01054 Meeting Minutes.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, 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-07-0487 Chairman Gonzalez: PH.8. Alfredo Duran (Assistant Director, Community Development): Good morning, Mr. Chairman, Commissioners. We're starting with PH.8 or PH 7? Chairman Gonzalez: Pardon me? Mr. Duran: PH.7? Jorge L. Fernandez (City Attorney): 8. Chairman Gonzalez: 8 because -- Mr. Duran: 8. Chairman Gonzalez: -- Commissioner Spence -Jones wants to hold on 7, so PH.8. Mr. Duran: OK. Good morning. My name's Alfredo Duran with the Department of Community Development. PH.8 is a resolution authorizing the allocation of funds in the total amount of $345, 597. These funds are essentially comingfrom the Mayor's Poverty Initiative funds. Funds are comingfrom District 4, Commissioner Regalado's discretionary account, also from Commissioner Sanchez's account, $27, 000. These funds are going to be provided to public service agencies that were -- received less funding because of the overall CDBG (Community Development Block Grant) cuts this year. The agencies are attached in ExhibitA of the res -- of the package. Chairman Gonzalez: All right. Commissioner Regalado: Alfredo -- Mr. Chairman. City ofMiami Page 34 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: Yes, Commissioner Regalado. Commissioner Regalado: For the record, what we are doing here, we're going to the same level as last year, no reductions because, you know, there have been some misunderstanding in the past -- recent past. No reductions of any social services funded by the City ofMiami from last year budget. Mr. Duran: That is correct, for agencies providing public services, elderly meals. Commissioner Regalado: Elderly meals in the City ofMiami. Mr. Duran: Of Miami, that's correct, sir. Commissioner Regalado: Even hot meals, even the homebound meals. Mr. Duran: Yes, sir. Commissioner Regalado: Homebound meals will be completely funded -- Mr. Duran: Yes, sir. Commissioner Regalado: -- and elderly programs will be completely funded in the City of Miami? Mr. Duran: That is correct, sir. Commissioner Regalado: And this is part of the $90, 000 of the rollover of this office -- Mr. Duran: That is correct. Commissioner Regalado: -- the District 4, plus -- Mr. Duran: That is correct, plus the Mayor's -- Commissioner Regalado: -- the Mayor's -- Mr. Duran: -- Poverty Initiative. Commissioner Regalado: -- Poverty -- Mr. Duran: That is correct. Jorge L. Fernandez (City Attorney): Mr. Chairman, just -- Chairman Gonzalez: All right. Mr. Fernandez: -- a point of information. I understand that the deaf interpreter has cancelled, and HUD (Department of Housing and Urban Development) requires that for these types of hearings there be a translation. I would like for the City Clerk to put on the record that she has not received any request for these services so that there's no infirmity with this meeting. Priscilla A. Thompson (City Clerk): As of this point in time, we have not received any requests from anyone who needed any aids with hearing or the like. City ofMiami Page 35 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 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, hearing none, the public hearing is closed. It's a resolution. All in -- I need -- Commissioner Regalado: Move it. Chairman Gonzalez: -- a motion. I need a -- Commissioner Regalado: Move it. Chairman Gonzalez: -- motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. PH.9 07-01055 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE Development AMOUNT OF $314,000, FROM THE DISTRICT 2- ECONOMIC DEVELOPMENT RESERVE (FISCAL YEAR ("FY") 2006-2007), AND THE AMOUNT OF $574,000 FROM THE DISTRICT 2-ECONOMIC DEVELOPMENT RESERVE (FY 2007-2008), FOR THE TOTAL AMOUNT OF $888,000; ALLOCATING SAID FUNDS, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN DISTRICT 2 IN THE 33RD PROGRAM YEAR BEGINNING OCTOBER 1, 2007; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 07-01055 Legislation.pdf 07-01055 Exhibit.pdf 07-01055 Exhibit 2.pdf 07-01055 Exhibit 3.pdf 07-01055 Exhibit 4.pdf 07-01055 Exhibit 5.pdf 07-01055 Exhibit 6.pdf 07-01055 Exhibit 7.pdf 07-01055 Exhibit 8.pdf 07-01055 Exhibit 9.pdf 07-01055 Exhibit 10.pdf 07-01055 Exhibit 11.pdf 07-01055 Summary Form.pdf 07-01055 Ad.pdf 07-01055 Ad 2.pdf 07-01055 Ad 3.pdf 07-01055 Ad 4.pdf 07-01055 Pre-Legislation.pdf 07-01055 Agencies Recommended For Funding.pdf 07-01055-Submittal-Rustic Treasures Package 1.pdf 07-01055-Submittal-Rustic Treasures Package 2.pdf 07-01055-Submittal-Rustic Treasures Flyers. pdf City ofMiami Page 36 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0488 Direction by Commissioner Spence -Jones to the Administration to research and come back with a recommendation by the end of the meeting regarding any additional funds available in District 5 to be utilized by Rustic Treasures, Inc., located in the West Grove. Chairman Gonzalez: PH.9. Alfredo Duran (Assistant Director, Community Development): PH.9 is a resolution authorizing the transfer of funds, in the amount of $314, 000, from District 2 Economic Development Reserve for fiscal year 2006 and 7, as well as 574, 000 from District 2 Economic Development Reserve for 2007 and 8, for a total of 888, 000. This is a result of the RFP (Request for Proposals) that District 2 put out for economic development activities, as well as micro -enterprise activities, and this basically is authorizing the department to -- or the Manager to enter into agreements with these agencies. Chairman Gonzalez: Tucker, I'll be taking your item in the next 15 minutes. Tucker Gibbs: Thank you very much. Chairman Gonzalez: All right? Mr. Gibbs: I appreciate it. Chairman Gonzalez: Let me finish with the public hearings that was advertised at 10: 30. Mr. Gibbs: I understand. 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, hearing none, the public hearing is closed; comes back to the Commission. It's a resolution. We need a motion and a second. Commissioner Sarnoff So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later..] Commissioner Spence -Jones: Mr. Chairman, can I just ask -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- one -- your support on one quick thing? Not this item. The young lady that came up two or three times, apparently, she missed the item, and we're really City ofMiami Page 37 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 past PH.9. Chairman Gonzalez: PH.9. Commissioner Spence -Jones: We're now on PH (Public Hearing) -- I think, PH.17 we just -- Chairman Gonzalez: Right. Commissioner Spence -Jones: -- finished, and now we're going to move to -- back to PH.7. I would ask -- I know that this is in Commissioner Sarnoffs district, andl am aware of this particular location in the West Grove, and it is an awesome location, and what they were trying to do is a very positive thing. I've asked for City staff -- I understand that the allocation from District 2 -- I don't -- there is -- I'm assuming there's no more dollars left there, but what I'd like to ask for from our CD (Community Development) director ifI do have any additional dollars that could be made available in my district, I would definitely make those available to them because I know that they're doing wonderful works in the West Grove, and whatever way that I could support, I don't have -- Commissioner Sarnoff Commissioner -- Commissioner Spence -Jones: -- a problem. Yes. Commissioner Sarnoff -- there would be -- you may not know all the issues that -- Commissioner Spence -Jones: Sure. Commissioner Sarnoff -- District 2's aware of. Commissioner Spence -Jones: Sure. Commissioner Sarnoff If you allocate dollars, there is a judgment against her. Commissioner Spence -Jones: OK. Commissioner Sarnoff That judgment was for the failure to pay rent. Commissioner Spence -Jones: OK. Commissioner Sarnoff That would be subject to a right of seizure by the court -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- so that's why we didn't do it. Commissioner Spence -Jones: OK. All right. I would ask -- I'm going to ask for staff to at least come back with a recommendation before the -- perhaps, before the end of the night. I'm not really sure what the whole situation is. If there's any way that, maybe, perhaps you guys can talk afterwards after this particular meeting to find -- figure out what the issue was. I'm just simply saying if she does not have an issue, I don't have a problem with making it available from my allocation. Commissioner Sarnoff No. I just -- I warn you that the way we analyzed it legally, that the landlord who is well-known to this Commission, who gave her quite a bit of free rent, and then she overstayed her -- she had to be evicted, and there's ajudgment against her -- City ofMiami Page 38 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: OK -- Commissioner Sarnoff -- that -- Commissioner Spence -Jones: -- so, again, I'm going to ask for City staff -- I don't understand -- I don't know what the -- Bonna C. Parlins: Can I speak? Commissioner Spence -Jones: -- full issues were, andl don't want to air it out in front of -- Ms. Parlins: I know. I don't want to air it out either -- Commissioner Spence -Jones: -- the world Ms. Parlins: -- but can I say one thing? Commissioner Spence -Jones: Yes, you may, ma'am. Ms. Parlins: I had a good landlord, but the thing is I applied for different things andl was turned down, so it's not like I didn't try to get some kind of assistance, and the NANA (Neighbors and Neighbors Association) program has helped me, diligently helping me. Everybody has tried to help me, but they can't literally say, hey, give her this. You understand? Commissioner Spence -Jones: Yeah. Ms. Parlins: I know you can't be in America and run a business and not pay rent -- Commissioner Spence -Jones: Right. Ms. Parlins: -- OK? I've exhausted all of my personal money. That's why I'm seeking -- Commissioner Spence -Jones: I un -- Ms. Parlins: -- help. Commissioner Spence -Jones: -- andl understand, andl know how difficult it is for a small black business to survive, period, any small business, not even a black business, but any small business to survive, so I'm just simply really offering this to the district Commissioner that I would be willing to support if the City staff could at least sit down with you before the -- before we leave today and figure out if there is an option. I would make those dollars available to support you. That's all -- that was my only statement. I would take it out of my own personal allocation to do that. Hector Mirabile: Hector Mirabile, interim director, Community Development. We will do so, Commissioner. Commissioner Spence -Jones: Thank you very much. Chairman Gonzalez: All right. Ms. Parlins: Thank you. PH.10 07-01056 RESOLUTION City ofMiami Page 39 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD PROGRAM Development YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $75,100, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENTS PUBLIC SERVICES RESERVE FOR DISTRICT 2; ALLOCATING SAID FUNDS TO DE HOSTOS SENIOR CENTER, INC., FOR PUBLIC SERVICES, TO PROVIDE CONGREGATE AND HOMEBOUND MEALS TO THE ELDERLY RESIDENTS IN DISTRICT 2; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 07-01056 Legislation.pdf 07-01056 Exhibit.pdf 07-01056 Exhibit 2.pdf 07-01056 Exhibit 3.pdf 07-01056 Summary Form.pdf 07-01056 AD.pdf 07-01056 AD 2.pdf 07-01056 AD 3.pdf 07-01056 AD 4.pdf 07-01056 Text File Report.pdf 07-01056 Agencies Recommended for Funding.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-07-0489 Chairman Gonzalez: PH.10. Alfredo Duran (Assistant Director, Community Development): PH.10 is a resolution authorizing the transfer of 33rd Year Program Community Development Block Grant funds from a total of 75,100 from the City ofMiami Department of Community Development public service reserve for District 2, allocating said funds to De Hostos Senior Center. Commissioners, this was the money that, in June, was held back from De Hosts as a result of a pending audit. The audit has come in. It cleared, and we are now just providing them the funds that would have been provided to them back in June. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Commissioner Regalado: So -- just a question, Mr. Chairman -- what this mean is that this is to pay the money that we never gave them to finish this fiscal year? Mr. Duran: No. This is for 33rd year. This is for this coming year. Commissioner Regalado: OK, but they will be fully funded at the tune of last year? Mr. Duran: I'm not sure, sir. I'm not sure if they're included in this -- Commissioner Regalado: No, from us. I mean -- Chairman Gonzalez: Yes. City ofMiami Page 40 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: The answer is yes. OK. Esther Couvertier: Good morning. My name is Esther Couvertier, 2902 Northwest 2ndAvenue. I would like to thank all the Commissioner for recommend us for the same level of funding as last year, andl would like to thankyou very much, and then (UNINTELLIGIBLE) members. Chairman Gonzalez: You're welcome. Dorothy, how you doing? Good to see you. Dorothy Quintana: My name is Dorothy Quintana from Wynwood, and I'm here to thankyou. Commissioner Sarnoff Hi, Dorothy. Ms. Quintana: You've been very good to us, and we're very, very, very proud. Commissioner Sarnoff Thanks, Dorothy. Ms. Quintana: Thank you. Chairman Gonzalez: Thank you, Dorothy. Commissioner Regalado, you got an answer to your question or not? Commissioner Regalado: I think Commissioner Sarnoff said yes. Mr. Duran: Yes. Commissioner Regalado: I guess he -- Mr. Duran: The Mayor's -- I just -- the Mayor's Poverty Initiative is providing -- Commissioner Sarnoff I think that -- Mr. Duran: -- them with an additional $32,900 -- Commissioner Sarnoff -- right, I think it evens out. Commissioner Regalado: OK, so it's -- Mr. Duran: -- so, yes. Commissioner Regalado: -- to the next -- OK. That's all. Chairman Gonzalez: All right. I open it to the public andl close it. I need a motion and a second. Commissioner Sarnoff So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.11 07-01057 RESOLUTION City ofMiami Page 41 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING TO ALLAPATTAH BUSINESS Development DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME, UNTIL MARCH 30, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 790 NORTHWEST 29TH TERRACE, 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, THE "PROPERTIES;" INDIVIDUALLY, A "PROPERTY"), AND AN EXTENSION UNTIL DECEMBER 31, 2008, TO COMPLETE CONSTRUCTION OF A TWIN HOME ON EACH SUCH PROPERTY; AUTHORIZING THE CONSTRUCTION OF A TWIN HOME, RATHER THAN A SINGLE FAMILY HOME, ON THE PROPERTY LOCATED AT 790 NORTHWEST 29TH TERRACE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. 07-01057 Legislation.pdf 07-01057 Exhibit.pdf 07-01057 Summary Form.pdf 07-01057 Pre-Legislation.pdf 07-01057 Memo.pdf 07-01057 Text File Report.pdf 07-01057 Letter.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-07-0490 Chairman Gonzalez: PH.11. George Mensah (Assistant Director): Good morning, Chairman and Commissioners. My name is George Mensah, Department of Community Development. PH.11 seeks to grant to Allapattah Business Development, Incorporated, an extension of time until March 30, 2008, to commence construction on the properties located at 790 Northwest 28th Terrace, 3255 Northwest 11 th Court, 3245 Northwest 11 th Court, and 1264 Northwest 31 st Street. It's also seek to extend until December 31, 2008 to complete construction of a twin home on each such property; authorizing the construction of a twin home, rather than a single family home, on the property located at 790 Northwest 29 Terrace, and authorizing the City Manager to execute all necessary documents for said purpose. Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's a public hearing. Anyone from the public that wants to speak on this item, please come forward Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 42 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PH.12 07-01058 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") AGREEMENT, BETWEEN THE CITY AND CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC. /CENTRO MATER CHILD CARE CENTER, TO CENTRO MATER CHILD CARE SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM; TRANSFERRING THE BALANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $11,175, PREVIOUSLY ALLOCATED TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC. /CENTRO MATER CHILD CARE CENTER; ASSIGNING SAID FUNDS, TO CENTRO MATER CHILD CARE SERVICES, INC., TO BE USED FOR THE PROVISION OF CHILD CARE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01058 Legislation.pdf 07-01058 Exhibit.pdf 07-01058 Exhibit 2.pdf 07-01058 Exhibit 3.pdf 07-01058 Exhibit 4.pdf 07-01058 Summary Form.pdf 07-01058 Ad.pdf 07-01058 Ad 2.pdf 07-01058 Ad 3.pdf 07-01058 Ad 4.pdf 07-01058 Pre-Legislation.pdf 07-01058 Agencies Recommended For Funding.pdf 07-01058 Agencies Not Recommended For Funding.pdf 07-01058 Pre -Legislation 2.pdf 07-01058 Pre -Legislation 3.pdf 07-01058 Letter.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-07-0491 Chairman Gonzalez: PH.12. Alfredo Duran (Assistant Director): Hello, again. Alfredo Duran, with the Department of Community Development. PH.12 is a resolution approving the assignment of the City ofMiami agreement between the City and Catholic Charities of the Archdiocese ofMiami/Centro Mater Child Care Center to Centro Mater Child Care Services. These two agencies together ran the Centro Mater Child Care facility, and they decided to split up, so what we're doing here, essentially, is we're assigning the balance of the contract to Centro Mater -- Chairman Gonzalez: All right. Mr. Duran: -- and -- City ofMiami Page 43 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. We need a motion and -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- a 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. Priscilla A. Thompson (City Clerk): Sir, Chair, this is -- Chairman Gonzalez: Yes, ma'am. Ms. Thompson: -- one -- Chairman Gonzalez: This is as modified. Ms. Thompson: Correct. PH.13 07-01059 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $44,750, FROM THE BUSINESSES/BUSINESS OWNERS AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE BUSINESSES/BUSINESS OWNERS AS SPECIFIED IN "EXHIBIT B," ATTACHED AND INCORPORATED; AUTHORIZING THE EXTENSION OF THE CONTRACTS EXECUTED WITH EACH BUSINESS/BUSINESS OWNERS AS SPECIFIED IN "EXHIBIT C," ATTACHED AND INCORPORATED, TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE MICRO -ENTERPRISE ASSISTANCE GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT(S) TO THE EXISTING AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITIES, FOR SAID PURPOSES. City ofMiami Page 44 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01059 Legislation.pdf 07-01059 Exhibit.pdf 07-01059 Exhibit 2.pdf 07-01059 Exhibit 3.pdf 07-01059 Exhibit 4.pdf 07-01059 Exhibit 5.pdf 07-01059 Summary Form.pdf 07-01059 Ad.pdf 07-01059 Ad 2.pdf 07-01059 Ad 3.pdf 07-01059 Ad 4.pdf 07-01059 Pre-Legislation.pdf 07-01059 Transferring Funds from NANA.pdf 07-01059 Pre -Legislation 2.pdf 07-01059 Agencies Recommended For Funding.pdf 07-01059 Agencies Not Recommended For Funding.pdf 07-01059 Program Agreement.pdf 07-01059 Text File Report.pdf 07-01059 Transferring Funds from NANA 2.pdf 07-01059 Work Program.pdf 07-01059 Program Application. pdf 07-01059 Compensation & Budget Summary.pdf 07-01059 T-Express Activity Summary. pdf 07-01059 Certification Regarding Lobbying. pdf 07-01059 Certification Regarding Debarment. pdf 07-01059 Insurance -Safety Approval Form.pdf 07-01059 Sworn Statement.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-07-0492 Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 07-01059 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $32,000, FROM THE BUSINESSES/BUSINESS OWNERS AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE BUSINESSES/BUSINESS OWNERS AS SPECIFIED IN "EXHIBIT B," ATTACHED AND INCORPORATED; AUTHORIZING THE EXTENSION OF THE CONTRACTS EXECUTED WITH EACH BUSINESS/BUSINESS OWNERS AS SPECIFIED IN "EXHIBIT C," ATTACHED AND INCORPORATED, TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE MICRO -ENTERPRISE ASSISTANCE GRANT PROGRAM; City ofMiami Page 45 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT(S) TO THE EXISTING AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITIES, FOR SAID PURPOSES. 07-01059 Legislation.pdf 07-01059 Exhibit.pdf 07-01059 Exhibit 2.pdf 07-01059 Exhibit 3.pdf 07-01059 Exhibit 4.pdf 07-01059 Exhibit 5.pdf 07-01059 Summary Form.pdf 07-01059 Ad.pdf 07-01059 Ad 2.pdf 07-01059 Ad 3.pdf 07-01059 Ad 4.pdf 07-01059 Pre-Legislation.pdf 07-01059 Transferring Funds from NANA.pdf 07-01059 Pre -Legislation 2.pdf 07-01059 Agencies Recommended For Funding.pdf 07-01059 Agencies Not Recommended For Funding.pdf 07-01059 Program Agreement.pdf 07-01059 Text File Report.pdf 07-01059 Transferring Funds from NANA 2.pdf 07-01059 Work Program.pdf 07-01059 Program Application. pdf 07-01059 Compensation & Budget Summary.pdf 07-01059 T-Express Activity Summary. pdf 07-01059 Certification Regarding Lobbying. pdf 07-01059 Certification Regarding Debarment. pdf 07-01059 Insurance -Safety Approval Form.pdf 07-01059 Sworn Statement.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0492 Chairman Gonzalez: PH.13. Vice Chairman Sanchez: So -- all right. PH.13, there was going to be -- it was going to be modified? Alfredo Duran (Assistant Director, Community Development): No. Chairman Gonzalez: No. Mr. Duran: No. PH.13 is as is. Vice Chairman Sanchez: Oh, as is? Mr. Duran: Um -hum. Priscilla A. Thompson (City Clerk): What was modified, sir, was PH.12. City ofMiami Page 46 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Vice Chairman Sanchez: I understand, but PH.13, wasn't there -- weren't there two out of the original five? Pedro G. Hernandez (City Manager): Commissioner, it was PH.9 -- Chairman Gonzalez: 9 and 12. Mr. Hernandez: -- and 12, right. Vice Chairman Sanchez: No, no, no, no. Mr. Duran: No, no, he -- I know what you're referring to, Commissioner. Vice Chairman Sanchez: The CD (Community Development) -- I think two out of the five didn't want to go to training. Has that been worked out? Mr. Duran: Correct, but it was decided with the Commissioner's district office that it'd be best to maintain this the way it is now and then come back and modify for those two agencies because also we're requesting for extension of 23 contracts here that if we don't do it now, we're risking that it'll mature at the end of September and we can't do that. Vice Chairman Sanchez: All right. I'm OK. Mr. Duran: OK, so basically PH.13 is a resolution authorizing the transfer of Community Development Block Grants in the amount of $44, 750. Essentially, what's happening here is that eight of the micro -enterprise businesses failed to complete their contracts. Commissioner's office decided to go ahead and take these funds, the 44,000, and equally distribute it among the 23 that did. In addition, we're also extending all of the contracts, which are maturing up to December 31, 2007. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thank you, sir. Chairman Gonzalez: PH.13 is also a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Leroy Jones: I support the recommendation. Leroy Jones, Neighbors and Neighbors Association, 180 -- Chairman Gonzalez: Thank you. Mr. Jones: -- Northwest 62nd Street. Chairman Gonzalez: Thank you, Leroy. Mr. Jones: Thank you. Chairman Gonzalez: Anyone else? Seeing none, hearing none, public hearing is closed; comes back to the Commission. We need a motion. Commissioner Spence -Jones: Well, I think she had a comment. Chairman Gonzalez: Oh, OK. City ofMiami Page 47 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Bonna C. Parlins: Good morning. Chairman Gonzalez: Good morning. Ms. Parlins: My name is Bonna C. Parlins, president of the Coconut Grove Village West Island District Merchants Association and the president and CEO (Chief Executive Officer) of Rustic Treasures, Inc., retail mini coffee cafe. We sincerely need your support to stay in the community. Our business is located in an area undergoing urban revitalization. Rustic Treasures, Inc. mini coffee cafe provides a needed service in our community. Our business is an eclectic home accent pieces store, a warm and cozy spot to relax, relate, and definitely release; somewhere to read a book, converse, listen to music, spoken words, poetry, tasteful pastries, along with old-fashioned coffee, or try a cup of our signature tea of the day. We also provide a small space for business meetings, curbside pickup and catering. We invite you out to come for --- (UNINTELLIGIBLE) as something special or simply enjoy the ambience. Please remember that it's a place of spiritual healing. We're asking for more time to build up a customer base that would generate a revenue to cover our expenses and provide an income. Be -- Mr. Jones: Commissioners -- Commissioner Spence -Jones: I -- Mr. Jones: -- I think she here for -- she was here for PH.9 -- Mr. Hernandez: She may be on the next item. Vice Chairman Sanchez: Yeah. Mr. Jones: -- for District 2 -- Mr. Hernandez: Right. Mr. Jones: -- item, not this one. Ms. Parlins: So I spoke ahead of time? Mr. Jones: Yeah. Vice Chairman Sanchez: Yes. Mr. Jones: Yeah, you did. Vice Chairman Sanchez: It's OK. Mr. Jones: It's all right. Vice Chairman Sanchez: We do that all the time here. Ms. Parlins: OK, so I need to sit down? Commissioner Spence -Jones: But can say that Rustic Treasure [sic] truly is a treasure in West Grove -- Ms. Parlins: Thank you. Commissioner Spence -Jones: -- and just wanted to tell you. I'm sure you know I know. City ofMiami Page 48 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Ms. Parlins: OK, thank you -- Commissioner Spence -Jones: A wonderful place. Ms. Parlins: -- so sit down and get back up later? Commissioner Spence -Jones: Right. Ms. Parlins: OK. I apologize. Chairman Gonzalez: All right. Commissioner Spence -Jones: It's OK. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed; comes back -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Spence -Jones: As -- I guess, as amended. Chairman Gonzalez: We have a mo -- Commissioner Spence -Jones: Does it need to be amended? Vice Chairman Sanchez: As modified? Mr. Duran: Not at this time, no. Vice Chairman Sanchez: No? Mr. Duran: Not at this time, no. Not at this time. Vice Chairman Sanchez: OK. Chairman Gonzalez: We have a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later..] Commissioner Spence -Jones: Mr. Chairman, I -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- they just brought to my attention that we needed to make a City ofMiami Page 49 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 motion for reconsideration. I guess there was a scrivener error on PH.13. Is that correct? Vice Chairman Sanchez: Which one is that one? Commissioner Spence -Jones: Is the Community Development -- I mean, I -- it was just given to me, and l just want to make sure because you just mentioned to me, Hector, that it needed to happen, so -- Vice Chairman Sanchez: OK, so PH.13. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: All right, so we need a motion to reconsider. Is that what you need? Commissioner Spence -Jones: Do you need motion to reconsider? Vice Chairman Sanchez: Do you need a motion to reconsider, right? Mr. Duran: Yes, please. Vice Chairman Sanchez: Why do we need a motion to reconsider? Commissioner Spence -Jones: You need to put the facts on the record. Mr. Duran: Yes. This is the item with the micro -enterprise businesses that you heard this morning. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: All right. Mr. Duran: I'm Alfredo Duran, with Community Development. Those were the two micro agencies that were recommended to not de -obligate. Commissioner Spence -Jones: Yes. Mr. Duran: In this resolution, we have returned those back. Commissioner Spence -Jones: Yes. Mr. Duran: We're not de -obligating them, so we are now redistributing a lesser amount of money to the remaining micro -enterprises. This is the item that you -- we discussed this morning about changing it on the floor. Vice Chairman Sanchez: Right. Mr. Duran: We changed it now the right way. Commissioner Spence -Jones: It was a mistake that was made by CD (Community Development). Mr. Duran: The reason why is because the two -- there were eight micro -enterprises that were recommended for de -obligation. After this went to print, they recommended that those agencies did comply with their contract. They wish not to be de -obligated, so here we are not de -obligating them. We're returning them to a good status, and we're de -obligating the other six, and by doing so, the amount of money that we're de -obligating -from those six are now being City ofMiami Page 50 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 distributed to the balance of the twenty four. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. We have a motion to reconsider -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: I can't figure it out. Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: So now you're going to introduce the new -- is there a new resolution now or no? Mr. Duran: Yeah. Commissioner Spence -Jones: You already attached it. We just gave it. Mr. Duran: That's what we distributed. Chairman Gonzalez: Huh? Commissioner Spence -Jones: He just passed it out. Vice Chairman Sanchez: No, no. Listen -- Chairman Gonzalez: Yeah, but we have to vote on it. Vice Chairman Sanchez: -- you reconsidered -- excuse me. Mr. Duran: Yes. Vice Chairman Sanchez: -- the old one. Now you need to proffer -- Unidentified Speaker: The new. Chairman Gonzalez: The new. Vice Chairman Sanchez: -- the new -- Mr. Duran: The new, yes. Vice Chairman Sanchez: -- resolution. Chairman Gonzalez: All right. We have a motion. I'm sorry. PH.13. Is there a motion on PH.13? Commissioner Spence -Jones: So moved. Chairman Gonzalez: All right. Is there a second? City ofMiami Page 51 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: There is a second. It's a public hearing. Anyone from the public that wants to speak on PH.13, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Thompson: Just for the rec -- Chairman Gonzalez: All right. What happen is -- Ms. Thompson: -- I'm sorry, Chair. Chairman Gonzalez: -- actually, the -- Ms. Thompson: Chair, Chair, Chair, just for the record, I'm showing this as a modified resolution. Chairman Gonzalez: That's what I was going to say. Ms. Thompson: Thank you. Thank you. Mr. Duran: Thank you. Chairman Gonzalez: All right. For the public that are watching on TV (television), what happen with PH.13 was that there was a mistake on the resolution presented this morning. That was just rescinded, and now we voted on a new resolution on PH.13, as it was amended. PH.14 07-01060 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD PROGRAM Development YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $50,000, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 ECONOMIC DEVELOPMENT RESERVE; ALLOCATING SAID FUNDS TO FANM AYISYEN NAN MIYAMI, INC., TO PROVIDE TECHNICAL ASSISTANCE TO MICRO -ENTERPRISE PROGRAM PARTICIPANTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City ofMiami Page 52 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01060 Legislation.pdf 07-01060 Exhibit.pdf 07-01060 Exhibit 2.pdf 07-01060 Exhibit 3.pdf 07-01060 Exhibit 4.pdf 07-01060 Summary Form.pdf 07-01060 Ad.pdf 07-01060 Ad 2.pdf 07-01060 Ad 3.pdf 07-01060 Ad 4.pdf 07-01060 Text File Report.pdf 07-01060 Agencies Recommended For Funding.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-07-0493 Chairman Gonzalez: PH.14. Alfredo Duran (Assistant Director, Community Development): PH.14 is a resolution authorizing the transfer of 33rd Year Program Community Development Block Grant funds, in the amount of $50, 000, from the Department of Community Development District 5 Economic Development Reserve to FANM (Fanm Ayisyen Nan Miyami), an organization providing technical assistance to micro -enterprise businesses in District 5. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. This is -- seeing none, hearing none, the public hearing is closed; comes back to the Commission. Is there a motion on this item? We need -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: PH.14. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.15 07-01062 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), CORRECTING RESOLUTION NO. 07-0315, ADOPTED Development JUNE 12, 2007, RELATED TO THE ALLOCATION OF 33RD PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY, TO REFLECT THE LEGAL ENTITY NAME CHANGE FROM THOMAS FRAZIER D/B/A BROTHER FRAZIER'S RIBS TO TALMAGE FRAZIER D/B/A BROTHER FRAZIER'S RIBS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TALMAGE FRAZIER D/B/A BROTHER FRAZIER'S RIBS, FOR SAID PURPOSE. City ofMiami Page 53 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01062 Legislation.pdf 07-01062 Exhibit.pdf 07-01062 Exhibit 2.pdf 07-01062 Exhibit 3.pdf 07-01062 Exhibit 4.pdf 07-01062 Summary Form.pdf 07-01062 Pre-Legislation.pdf 07-01062 Agencies Recommended For Funding.pdf 07-01062 Acknowledgement Receipt.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-07-0494 Chairman Gonzalez: PH.15. Alfredo Duran (Assistant Director, Community Development): PH.15 is a resolution basically correcting the name of the entity that was provided funding under the Micro -Enterprise Program in District 5. Originally, the application was Thomas Frazier doing business as Brothers [sic] Frazier's Rib [sic]. The actual legal name is Talmage Frazier. All we're doing is correcting Resolution 07-0315. Vice Chairman Sanchez: So you're cleaning up the language? Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Mr. Duran: Thank you very much. Chairman Gonzalez: Only one "aye?" Hello, people. Vice Chairman Sanchez: Aye, yeah. Chairman Gonzalez: OK. We need -- Vice Chairman Sanchez: Aye, it passed. Chairman Gonzalez: Right. City ofMiami Page 54 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PH.16 07-01109 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CORRECTING A SCRIVENERS ERROR CONTAINED IN RESOLUTION NO. 07-0053, ADOPTED JANUARY 25, 2007, TO REFLECT THAT HABITAT FOR HUMANITY OF GREATER MIAMI, INC. WILL DEVELOP AFFORDABLE HOMEOWNERSHIP HOUSING UNITS AND BETTER WAY OF MIAMI, INC. WILL DEVELOP AFFORDABLE RENTAL HOUSING UNITS. 07-01109 Legislation.pdf 07-01109 Summary Form.pdf 07-01109 Pre-Legislation.pdf 07-01109 Pre-Attachment.pdf 07-01109 Pre -Attachment 2.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-07-0495 Chairman Gonzalez: PH.16. George Mensah (Assistant Director, Community Development): PH. 16 seeks to correct an error that was made on the Resolution number 07-0053, adopted January 25, 2007 that stated that Habitat for Humanity of Greater Miami, Incorporated and Better Way ofMiami, Incorporated will develop rental housing units with a twenty-year affordability period. This resolution will seek to correct and say that Habitat for Humanity of Greater Miami will develop affordable homeownership housing units and Better Way ofMiami, Incorporated will develop affordable rental housing units. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: Yes, Mr. Chairman. I just have one quick question before I move the item. This is for the Habi -- new set of houses that we're going to be doing in Liberty City. Mr. Mensah: Yes. Commissioner Spence -Jones: This will allow for us, correct, to start? There's no other issues that need to come in front of us regarding Habitat, correct? Mr. Mensah: No, Commissioner, not on this particular item. Commissioner Spence -Jones: Ms. -- my executive -- I just want to -- I'm seeing the executive director from Liberty City Trust. I just want to vernj, because we've been trying to get these Habitat homes moving, and this is the last step. Elaine Black: Elaine Black, Liberty City Trust. Yes, that's correct. This is the last step. We now can move forth with everything. Thankyou -- Commissioner Spence -Jones: Thankyou. Ms. Black: -- Commissioner. City ofMiami Page 55 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: Thank you, George. So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a resolution. Motion carries. PH.17 07-01120 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING TO THE Community $500,000 OF STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM Development ("SHIP") FUNDS LOANED TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA") IN CONNECTION WITH THE RALPH PLAZA II TOWNHOMES PROJECT; AUTHORIZING THE CONVERSION OF $250,000 OF SAID FUNDS TO A GRANT, WITH THE REMAINING BALANCE OF SAID FUNDS, IN THE AMOUNT OF $250,000, BEING REPAID TO THE CITY OF MIAMI FROM THE PROCEEDS OF THE SALE OF THE PROJECT TOWNHOMES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-01120 Legislation.pdf 07-01120 Summary Form.pdf 07-01120 Pre-Legislation.pdf 07-01120 Loan Agreement.pdf 07-01120 Exhibit A.pdf 07-01120 Scope Of Services.pdf 07-01120 Legal Description.pdf 07-01120 Exhibit C.pdf 07-01120 Sources Uses Of Funds.pdf 07-01120 Disbursement Agreement.pdf 07-01120 Declaration Of Restrictive Covenants. pdf 07-01120 Exhibit F.pdf 07-01120 Fair Housing & Affirmative Marketing Policy.pdf 07-01120 Insurance Requirements.pdf 07-01120 Exhibit H.pdf 07-01120 Ad.pdf 07-01120 Scope Of Services 2.pdf 07-01120 Sources Uses Of Funds 2.pdf 07-01120 Certificate Of Liability Insurance. pdf 07-01120 Certificate Of Liability Insurance 2.pdf 07-01120 Memo.pdf 07-01120 Insurance Safety Approval Form. pdf 07-01120 Certificate Of Liability Insurance 3.pdf 07-01120 fax.pdf 07-01120 Dual Obligee Rider.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 City ofMiami Page 56 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 R-07-0496 Chairman Gonzalez: PH.17. George Mensah (Assistant Director, Community Development): PH.17 is a resolution to seek to forgive $250, 000 of a -- $500, 000 of State Housing Partnership Initiative funds, which was previously allocated to Allapattah Business Development Authority for the development of Ralph Plaza II Townhomes. The Loan Committee provided 500,000 to Allapattah Business, ABDA (Allapattah Business Development Authority), so that they will be able to complete the development of Ralph Plaza II Unfortunately, because of the high cost of construction doing those areas, the -- and the CD (Community Development) requiring that ABDA maintains the purchase price at $125, 000 and $145, 000, ABDA doesn't have enough funding in the development to pay all its costs, so this is just to forgive $250, 000 of the $500, 000 and allow ABDA to repay back $250, 000. This resolution is being brought to you instead of Loan Committee because of the fact that MIi1AP (Metro -Miami Action Plan), which is a County agency that provides additional funds to these homebuyers, has indicated to the developer that they have until September 15 to close on these homes. The next Loan Committee occurs on September 25, so if we have to do this, we have to come to the City Commission. 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, hearing none, the public hearing is closed. Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Vice Chairman Sanchez: So move. Chairman Gonzalez: Is there a second? Commissioner Regalado: Second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. Before voting on this, let me clear the record, clear the air a little bit because I expected somebody from the agency to stand up here, and you know, elaborate a little bit more. The reason they had a shortfall wasn't because of the increase of construction costs. The reason they had a shortfall was the increase of a water main extension that was programmed at $125, 000, and due to the County's -- I don't know how to call it -- they had to pay half a million dollars to have the water main extension. Also, they could have sold these units for at least 180,000 -- 175, 180,000; they sold them for 125, 145; three bedroom, two bath, living room, dining room, kitchen, fully equipped. Also, they should have been here and tell you, all of you, that, I believe, about 25 families already move into these units. They are in a situation right now that, in order to close the other units that they got left, which is five or six units -- they have people quali, they have people ready to move, but they needed to have this waiver in order to prove to the bank that they going to be able to pay for the whole development. They're making no profit on the project, and it's a success of a completed project. Commissioner Spence -Jones took a tour with me of the affordable housing projects going on in my district, and she saw this, and you are all invited if any of you want to go and see the project. I'm sure people from ABDA will take you to the project so you can see the units and speak to the buyers. All right. Having said that, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. All right. City ofMiami Page 57 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 ORDINANCE - FIRST READING FR.1 07-01063 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01063 Legislation SR/FR .pdf 07-01063 Cover Memo FR .pdf 07-01063 Cover Memo SR.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, 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: So let's take -- All right. FR.1. Commissioner Regalado: That's the City Clerk. Chairman Gonzalez: FR.1, City Clerk. Commissioner Regalado: City Clerk. Chairman Gonzalez: It's not ready? Pamela E. Burns (Assistant City Clerk): FR.1. Vice Chairman Sanchez: Yeah, we're ready. Chairman Gonzalez: Yes. Commissioner Regalado: Yeah. Chairman Gonzalez: Go ahead. Commissioner Regalado: That's you. That's you. Vice Chairman Sanchez: Yeah, but it's a -- it's an ordinance. Chairman Gonzalez: It's an ordinance? Vice Chairman Sanchez: Yeah. Chairman Gonzalez: Yeah. Ms. Burns: If you could wait. Priscilla just stepped out. Vice Chairman Sanchez: OK. Ms. Burns: I don't know if we're presenting it or the City Attorney's Office is. City ofMiami Page 58 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 [Later..] Chairman Gonzalez: All right. Commissioner Sarnoff Thank you. Chairman Gonzalez: FR.1 -- Commissioner Spence -Jones: FR.1. Chairman Gonzalez: -- making provisions for early voting sites. Priscilla A. Thompson (City Clerk): Thank you, Chair, andl do apologize for not having been here earlier. Chairman Gonzalez: It's all right. Ms. Thompson: Thank you. Chairman Gonzalez: You also are entitled to sleep one day, right? Ms. Thompson: Needs must, OK. The FR.1 is actually our ordinance making provisions for our early voting for the City ofMiami in our upcoming general election. You also have there listed the actual ordinance and the locations for the early voting sites and also the hours. This time around we're going for one week, and we're setting up the hours to match those of the regular voting schedule that you normally have when you have elections within the County. Commissioner Regalado: OK. I'll move the item. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance, right? Ms. Thompson: Yes. Chairman Gonzalez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. One second, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 59 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 RE.1 07-00571 Department of Capital Improvement Programs/Transpor tation RE.2 07-01065 Office of the City Attorney RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), SUBJECT TO THE CITY MANAGERS APPROVAL, WITH THE 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.pdf 07-00571 Summary Form.pdf 07-00571 Pre-Legislation.pdf DEFERRED Note for the Record: Item RE.1 was deferred to the City Commission meeting currently scheduled for September 27, 2007. Chairman Gonzalez: All right. RE.1 then. We got to move. Pedro G. Hernandez (City Manager): Mr. Chairman. Chairman Gonzalez: Yes. Mr. Hernandez: On RE.1, I would like to request that we pass on the item until the afternoon. I still need to do some work on that item. Chairman Gonzalez: OK. [Later..] Chairman Gonzalez: (INAUDIBT,F) to the Commission meeting. I understand that RE.1 is going to be defer at the request of Vice Chairman Sanchez. Mr. Hernandez: Mr. Chair, that's correct. The deferral will be to September 27 meeting. Chairman Gonzalez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE City ofMiami Page 60 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION TO BE HELD ON JANUARY 29, 2008, PROPOSING UPON THE APPROVAL OF THE ELECTORATE, TO CHANGE THE TERM OF THE INDEPENDENT AUDITOR GENERAL FROM FOUR YEARS TO TWO YEARS. 07-01065 Legislation.pdf 07-01065 Cover Memo.pdf 07-01065-Submittal-Marc Sarnoff E-mail.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to direct the City Attorney to investigate the materials provided to him regarding creating Charter language for changes to the duties of the Auditor General, to be brought back at the City Commission meeting currently scheduled for October 11, 2007. Chairman Gonzalez: RE.2. Jorge L. Fernandez (City Attorney): RE. 2, Mr. Chairman, Commissioners, the Commission instructed us to bring back to you the issue of the term of office for the auditor, and this is the language that needs to take place at this time directing us to prepare an amendment to the Charter to put this on the ballot in January of 2008. The substance of the change that has been asked by the Commission is to change the term of office of the Auditor General from four years to two years. That would require a Charter amendment, and that's what's being contemplated by this action. Chairman Gonzalez: All right. Any questions from the Commission? Commissioner Sarnoff Yeah. Mr. Chairman, having read the Miami Herald article and looking at the other issues, I think it would be prudent of us to allow the Auditor General to enjoy a four-year term. His duties and issues are slightly different than those of the City Attorney, who has -- enjoys a two-year term, and the City Clerk, who equally enjoys a two-year term. Just by the nature of this work, I think it'd be more prudent for us to allow him to enjoy a four-year term, and in addition, if we're going to make a Charter amendment, I would suggest that we equally put some more stringent language in the amendment that would allow the citizens a chance to make sure that the general -- that the Auditor General have to comply with GAPAS [sic], which is Generally Accepted Government Auditing Standards; that he equally -- there be sanctions included for those employees that do not comply with his requests; that those sanctions could include reprimand, suspension without pay, demotion, fines, and firing, andl equally want to ensure that the Auditor General complete autonomy in the performance of his duties by transferring oversight -- and I've suggested two agencies, either FDLE (Florida Department of Law Enforcement), the Attorney General, or do it somewhat like the County does. The County equally has the State Attorney's Office, the Public Defender's Office, the chairman of the Miami -Dade Commission on Ethics and Public Trust, the president of the Miami -Dade Police Chiefs Association, and a special agent in charge of the Miami field office of Florida FDLE. They actually create a committee that oversees the work of the Inspector General, and possibly, we could look into providing that kind of auditing for the Auditor General. The reason for this is the Auditor General needs to have free reign, and he needs to have -- he needs to be able to know with confidence that three Commissioners cannot stop his work, andl think that's good government. I think that we should consider giving him the ability to do his job without any interference, andl think it's wise for us to reconsider the two-year term to the four-year term, based on the nature of his work, and to give some teeth to the actual ordinance, and possibly, by Charter review, to create a Charter that would allow him some of the issues that I've discussed. I have an e-mail (electronic) that can give to each one of the Commissioners -- and I'll give one City ofMiami Page 61 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 to the City Attorney -- that's recommended language that we drafted along with the Auditor General -- along with Victor Igwe in regards to how he might be able to accomplish his tasks without interference, so I would propose -- I guess it would be afriendly amendment to any Charter revision that we're going to undertake, and I'll pass this out to each one of you. Vice Chairman Sanchez: Mr. Chairman, just -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- for point of clarification, this item was proffered by Commissioner Sarnoff, so therefore, you're asking to withdraw this item? Commissioner Sarnoff Well, I think, Commissioner Sanchez, while it was indicated that proffered the item, I think we all voted on this at a Commission meeting, and while it may indicate that I'm the proponent of it, I'm not sure that's entirely accurate. IfI recall our conversations, I think it was Commissioner Regalado that started the conversation regarding it, and inevitably, all -- we all came to the conclusion at that time that we would no longer set the Auditor General's agreement as we've done in the past, but it would be done as the Clerk of Court [sic] is done, as the City Attorney has done, which is each time a new Commission sits, their contracts are renewed. Vice Chairman Sanchez: All right. It's irrelevant who proffered. Then you're asking to withdraw the item? That's the appropriate action to take is to withdraw this and then focus on the Charter amendment that you want to address, correct? Commissioner Sarnoff I think procedurally I have no problem with what you're saying. Vice Chairman Sanchez: OK, so the motion is to withdraw the item? Commissioner Sarnoff That's fair. Vice Chairman Sanchez: All right, second. Chairman Gonzalez: All right. There's a motion to withdraw the item, and there is a second. All in favor, say "aye.' The Commission (Collectively): Aye. Commissioner Regalado: And -- Chairman Gonzalez: And -- Vice Chairman Sanchez: No, no, no, no. Wait. Now -- so you want -- you -- Commissioner Sarnoff What I'm suggesting is what I've handed out to you and I've given -- I've provided this to the City Attorney before -- is my recommendations for a Charter review and a -- an ordinance, which I think we could adopt that would give the Auditor General stronger teeth and more freedom to act in his auditing of the City's finances, andl would then make a motion that we at least have the City Attorney review this input from all the other Commissioners. If we can get it done in time for a Charter review, fine. Chairman Gonzalez: To go to the voters when, in January? Commissioner Sarnoff Well, that's -- I don't know if we have time. I think we go through October before we have to come up with the right language. Am I right, Mr. City Attorney? City ofMiami Page 62 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Fernandez: Right. The window is beginning to narrow -- Commissioner Sarnoff To close, I understand. Mr. Fernandez: -- and we need to -- for you to pass an item to be on the ballot in January, we have to have the ballot language ready by October. Commissioner Sarnoff Right. Chairman Gonzalez: I am -- Mr. Fernandez: The second meeting in October. Chairman Gonzalez: All right. Vice Chairman Sanchez: But -- Commissioner Regalado: That's 45 days. Commissioner Sarnoff Right. That's enough time. Vice Chairman Sanchez: I think we're all in agreement that we needed some check and balances, and clearly identift, the scope and responsibilities of the Auditor General. I think that's the consensus that's on this Commission. However, I think each Commissioner's going to have to have time to review this and make recommendations as we, you know, proffer our recommendations. This will be up to the voters, so I -- the timing is a little concern to me. Chairman Gonzalez: Yeah. Vice Chairman Sanchez: I just -- Chairman Gonzalez: Me, too. Vice Chairman Sanchez: -- want to put that on the record. Chairman Gonzalez: Me, too, andl really need to sit down and read this. As a matter offact, I'm going to consult two private attorneys because giving so much power to one man reminds me of Castro and Hugo Chavez and (UNINTET,T IGIBLE) Morales and all of these new generation of leaders in Latin America -- Commissioner Regalado: And Carlos Alvarez. Chairman Gonzalez: -- and that really scares me. That really scares me. I mean, you know, I left Cuba when I was 15 because I don't want to be under one dictator, so I don't think I'm ready to vote on a dictator in the City ofMiami. Commissioner Sarnoff Well, I appreciate the -- Chairman Gonzalez: You know. Commissioner Sarnoff -- nuisance of going towards a dictatorship -- Chairman Gonzalez: I mean -- yeah -- City ofMiami Page 63 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Sarnoff -- but don't think is a dictatorship of any sort. Chairman Gonzalez: Maybe -- Commissioner Sarnoff I think what you're -- Chairman Gonzalez: -- you know, maybe under this resolution, we should give him a badge, a set of handcuffs, and a gun, and then he doesn't need anybody. He just goes and you know -- Commissioner Spence -Jones: Mr. Chairman, I -- Chairman Gonzalez: -- handcuff you and take you to jail. Commissioner Spence -Jones: -- do just have one comment really quickly on the issue because it was a pretty heated issue the last time it came up in front of the City Commission. As you know, I've always been a supporter of Victor and what he's doing, but the reality, for me, and the reason why we even had a heated discussion about it was not really about Victor. It was about the position itself -- Chairman Gonzalez: Exactly. Commissioner Spence -Jones: -- andl think that, in the midst of everything that was going on, my comments were centered around currently our City Clerk and our City Attorney and kind of how they are situated in city government, and my thoughts at that particular time when this came up as an issue was to really focus on what other cities are doing or other municipalities are doing in this particular -- with this particular position before we made a decision. I think that whatever took place or whatever has taken place regarding this position, I don't know what kind of real thought went into the creation of the position, and the only thing that I was really requesting was that we considered what other governments, like Miami -Dade County, Miami Beach, and other municipalities are doing with that particular position and then make a decision as to how we create that position in city government. I don't have an issue with what Commissioner Sarnoff is trying to do. I'm sure that, you know, everyone wants to have integrity and ethics and all of those things that comes with being the auditor. The question becomes, just like you stated, Mr. Chairman, is you don't want to have a situation where a person has a position -- nothing to do with Victor -- has that type of position and abuse it. Abuse comes in both forms, you know, so the issue was just making sure that we put the necessary things in place; look at what other cities or municipalities are doing, and then write legislation that could be centered around what really works, so my point is, I definitely -- I see that this e-mail that has been passed out to all of us, none of us were CC'd (Carbon Copied) on it. It only went to one Commissioner regarding the issue, andl think that if, you know, this e-mail was sent out to one Commissioner about an issue that is very important to the residents of the City, that all of us should have had the opportunity to also weigh in on those e-mails and have our thoughts and our things considered regarding that position, so I personally don't feel so comfortable with making a decision about something thatl have not had the opportunity to review or to discuss with City staff. Chairman Gonzalez: And let me tell you. Let me add to that that this has nothing to do with one particular person; it has to do with the position, and let me tell you. Not many years ago -- and Regalado is going to know what I'm talking about -- there was a person here that didn't had as much power and used the little power that he had on his political and personal vendettas and made the life of many, many people very miserable in the City ofMiami, so you know, it has nothing to do with the actual auditor. It might be today he's one person, but next year, it could be Pepe Fernandez or Jorge Garcia, or whomever, you know. It's the power given to the position, and once again, we had an era in 1997/1996 where one person made the life of many people miserable, OK, due to political vendettas and personal vendettas, and you know, I'm City ofMiami Page 64 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 going to be very, very, very careful to vote in favor of something that gives so much power to one single man. Commissioner Sarnoff Mr. -- Commissioner Regalado: Mr. Chairman, ifI may? Chairman Gonzalez: Yes. Commissioner Regalado: Just a brief -- I think that everybody is concerned about check and balance in government, and it is the priority of every government to have check and balances, but we need to remember that the position of the Auditor General is the only position of persons that do work directly for the City Commission that was created by the voters as a Charter amendment in the City ofMiami ever, and this is why one would think that we need to have a department who is accountable not only to the Commission, but to the people of the City of Miami, andl think that, yes, this department should have a committee that oversights [sic] what it does, but the committee should be outside of the scope of the City ofMiami, andl think, you know, that having the County Inspector General, having the FDLE special agent in charge, maybe the person from the State Attorney, it makes sense to supervise. Recently, I went before the Charter Review Committee of the County at County Hall to advocate in favor of having an elected property appraisal [sic], and immediately after me, the next speaker was the County Inspector General, Chris Mazzella, and Mr. Mazzella was asking the committee to place a Charter amendment come January 29 to give more independence, more powers to the County Inspector Office, which, by the way, has the power of subpoena that this auditor does not have, so I think that this is not about power. We need not to be worried about having a lot of power concentrated in one person or one department because it's a department that has to be accountable to other significant agencies that investigates. This auditor never has, never will the power to indict or accuse anyone. His only mission is to submit the information that he has to the State Attorney or to the U.S. (United States) Attorney, or to the ethics committee. Recently, there was a complaint filed in the City ofMiami and the -- about something going on in the City, and the County and the Ethics Commission passed that to the County Inspector General and then on to the State Attorney, so I think that we need not to worry about -- Chairman Gonzalez: Yeah, but let me tell you. Do -- as it is now, the Auditor General has been providing information to the State Attorney's Office -- Commissioner Regalado: That's all he needs to do, and -- Chairman Gonzalez: -- to the Miami -- Commissioner Regalado: -- that's all he can do. Chairman Gonzalez: -- Herald, to everybody, even before the information has been submitted to us because I got some information from the Herald reporter that I wasn't aware of and as it stand today, I don't even have that information, so you know -- so he's -- he has the privilege of providing information to everyone, the State Attorney's Office, Miami Herald, Miami Police Department, Metro -Dade Police Department, Hialeah Police Department, you know -- Vice Chairman Sanchez: You know -- Chairman Gonzalez: -- anyone that he wants -- Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: -- so -- City ofMiami Page 65 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: And this is why you need this oversight -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- committee that works outside of the scope of the City ofMiami -- Chairman Gonzalez: Right. Commissioner Regalado: -- but I do think that the Inspector General -- or the Auditor General needs some teeth. I don't think that we should do an ordinance because ordinance can be changed. I think that we should do whatever we want to do, just place it on the ballot for the people to approve or disapprove come January 29. I think that for all purposes, January 29 will be a high turnout election because of the many issues in the ballot, the presidential primary, and the Save Our Homes reform, and the pari-mutuel gambling, so it would be our opportunity to use that window to place whatever is important for the Charter of the City ofMiami because we are going to get more than probably 60 percent turnout from the City of Miami and all Dade County in that election, so I mean, we got time. As a matter of fact, the County Commission will not deal with all the recommendations of the Charter Review Committee until the first meeting in November because they need to finish their work by October 31, and on the first meeting in November, the County Commission still has time to place it on the ballot for January 29, so I think we have plenty of time of analyzing what we want to do. Thank you. Commissioner Spence -Jones: Mr. Chairman, I do want to agree with Commissioner Regalado. I do think that we should push very hard, and we should really put an active group together to definitely have this ready for the January election. I do agree that many citizens will come out in January, so I think that we all in a -- we are all in agreement that it needs to happen. I think the question becomes, you know, making sure that whatever that information is in developing that position, or whatever the case may be, or what governs that position, we need to make sure that we get as much information; we look at other municipalities and how that position works there and not create it in a vacuum. I think it's really important to do that, so I'm assuming that the City Attorney would take the necessary steps to assist with pulling that all together, that research that's necessary in order for us to, you know, take the next step, but I do agree that we do need to try to be prepared for the upcoming election. You feel confident we can do that, Mr. City Attorney? Mr. Fernandez: Yes. If you task me with the responsibility and you show the requisite flexibility to meet -- because this would require a lot of meetings to get from each of you your input and your ideas so that when we bring it to a regular Commission meeting -- and now, mind you, you have not yet addressed your schedule for November. As you know, there is an election, and as you know, November typically you have condensed the meetings in November because of the holidays, and so time -- while Commissioner Regalado is correct, there is some window of opportunity still in early November for the timely -- Commissioner Regalado: November 30. Vice Chairman Sanchez: No, no. Commissioner Regalado: November 30. Mr. Fernandez: Well -- Commissioner Spence -Jones: November then? Vice Chairman Sanchez: That's -- City ofMiami Page 66 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Fernandez: -- my -- Commissioner Regalado: No -- Mr. Fernandez: -- we -- the City Clerk is in control of the calendar. When would the City -- Commissioner Regalado: November -- Mr. Fernandez: -- have -- Commissioner Regalado: -- 30. Priscilla A. Thompson (City Clerk): November 30 is the last day to have your language passed and adopted so we can get it over to the Supervisor of Election in the County. Chairman Gonzalez: And -- Mr. Fernandez: Right -- Chairman Gonzalez: -- we have plenty time. Mr. Fernandez: -- so, you know, if you task me with that responsibility and you show the requisite flexibility to follow through with all the meetings, perhaps calling special meetings so that this issue could be fully aired, I am very wiling to do that; meet with the Auditor General so that I can also get his input, meet with the Administration, meet with each of you so that this is a thoughtful process and you're given as many options in your plate as possible so that you choose the question to go to the ballot that you would deem appropriate. Vice Chairman Sanchez: Mr. Chairman, ifI -- Chairman Gonzalez: Yes. Vice Chairman Sanchez: -- may. Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: Just briefly reading through it, I'm open-minded about it. My only concern was that we cannot rush through this; it's got to be a thoughtful process, and as long as we do that -- I mean -- 'cause if we rush through, we might end up with unintended consequences that may be worse than what we want to accomplish, so as long as there is going to be a process where all the Commissioners are going to participate and we're able to put inputs and will have everyone at the table, maybe this is a res -- this is a legislation that is doable by this body. Commissioner Sarnoff Mr. Chairman, I just -- Chairman Gonzalez: Yes. Commissioner Sarnoff -- want to make a comment because any time somebody suggests that I'm trying to create a dictator, I at least want you to at least take note that the committee that is going to oversee the Auditor General would be made up of the State Attorney's Office -- Vice Chairman Sanchez: Public defender. Commissioner Sarnoff -- which is -- right -- governed then by the Public Defender's Office, City ofMiami Page 67 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 which is offset by the chairperson of the Miami -Dade Commission on Ethics and Public Trust, which is then offset by the president of the Miami -Dade Police Chiefs Association, which is then offset by the special agent in charge of the Miami field office of the Florida Department of Law Enforcement. That's an oversight committee that exists now to govern the County. I'm merely suggesting to you that they should have some recommendation authority to this board as to how they would govern the actions of the Auditor General. It's very difficult for any organization internally to govern itself, and professionalism dictates that an organization be allowed to be governed to some extent by somebody external of that organization. It's a check and balance thatl think the United States is beholden to, a series of checks and balances, andl think that this is -- I'm not saying this is the right ordinance. I'm merely suggesting today is the conversation about getting the right ordinance -- I'm sorry, the right Charter. Vice Chairman Sanchez: Well, make a motion. Commissioner Sarnoff I'll -- let me make a motion that we at least have the City Attorney investigate what I've provided to him in regards to creating Charter language for changes to the Auditor General's duties, and he'll come back to us, hopefully, by the second meeting in -- well, how 'bout -- could you make it by the first meeting in October? Mr. Fernandez: That's -- Vice Chairman Sanchez: No, no, you're pushing it. Mr. Fernandez: -- two weeks. That's -- Commissioner Sarnoff That's two weeks? That's October 11. Mr. Fernandez: Right, exactly, and we will. I mean, I will be coming back to you. The first thing that we'll be doing is we'll be establishing an internal process identifying issues, creating a long laundry list, if you will, of all the issues and do a list, if you will, showing the pros and the -- Commissioner Spence -Jones: Comparison. Mr. Fernandez: -- cons and the analysis, make sure that we are thoroughly versed with the system or the structure that the County and other jurisdictions have in place so that you can consider different models, if you will, and then with that information, with the raw information once we do the initial analysis, we'll come to each of you individually so that when we get together again in the first meeting in October, you would have at least something to debate or discuss -- Vice Chairman Sanchez: And -- Mr. Fernandez: -- and then that would give us time to perfect the language -- Commissioner Spence -Jones: I agree. Mr. Fernandez: -- down the road because we do have through November 30, but again, your November calendar -- you need to be mindful of the -- what you're heading into with elections, with the holidays, and the like -- Vice Chairman Sanchez: Andl would -- Mr. Fernandez: -- and so -- Vice Chairman Sanchez: -- second it and state for the record that I would be cosponsoring this City ofMiami Page 68 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 legislation. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. RE.3 07-01068 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT Improvements AWARDED TO ONE CROW, INC., PURSUANT TO RESOLUTION NO. Program 04-0351, ADOPTED MAY 27, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0260, ADOPTED APRIL 28, 2005, AND BY RESOLUTION NO. 06-0236, ADOPTED APRIL 27, 2006, FOR THE PROJECT ENTITLED "OVERTOWN STORM SEWER PUMP STATION UPGRADES, B-5650D," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $126,266.39, INCREASING THE CONTRACT FROM $532,031.87 TO $658,298.26; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $126,266.39, FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-5650D WHICH CORRESPONDS TO ORACLE PROJECT B-50654; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01068 Legislation.pdf 07-01068 Exhibit.pdf 07-01068 Summary Form.pdf 07-01068 Contract.pdf 07-01068 Amendment to Contract. pdf 07-01068 Performance and Payment Bond.pdf 07-01068 Surety Disclosure.pdf 07-01068 Limited Power of Attorney.pdf 07-01068 Corporate Resolution.pdf 07-01068 Amendment 2 to Construction Contract.pdf 07-01068 Corporate Resolution 2.pdf 07-01068 Text File Report.pdf 07-01068 Text File Report 2.pdf 07-01068 Text File Report 3pdf.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, 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-07-0498 Chairman Gonzalez: RE.3. Ola O. Aluko (Director, Capital Improvements Program): Good morning, Commissioners. Vice Chairman Sanchez: All right. Item number RE.3 is a resolution. Sir, you're recognized for the record. Mr. Aluko: Yes. RE.3 is a resolution to execute an agreement with One Crow, Incorporated for the project Overtown Storm Water [sic] Pump Station, to increase the contract value by 126,266 City ofMiami Page 69 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 from $532,000 to $658, 000 plus. Vice Chairman Sanchez: All right. It's a resolution, not requiring a public hearing. Is there a motion? Commissioner Sarnoff So move. Vice Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Sarnoff, second by Commissioner Regalado. Discussion on the item. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.4 07-01070 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Program "DESIGN/BUILD AGREEMENT" DATED JUNE 13, 2005, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC. ("RDC"), FOR THE PROVISION OF DESIGN/BUILD SERVICES FOR PHASE I OF GRAPELAND HEIGHTS PARK, TO AUTHORIZE THE CONSTRUCTION WORK FOR PHASE III, INVOLVING THE RECREATION COMMUNITY BUILDING, AS CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $1,065,735, PLUS AN ADDITIONAL $434,265, OWNER CONTINGENCY, FOR A TOTAL AUTHORIZED SUM OF $1,500,000; FURTHER EXTENDING THE TIME FOR COMPLETION OF PHASE II SERVICES TO RUN CONCURRENTLY WITH PHASE III SERVICES; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,500,000, FROM PROJECT B-30105; FURTHER AMENDING RESOLUTION NO. 06-0617, ADOPTED OCTOBER 12, 2006, TO CORRECT AN ERROR AND CLARIFY THAT THE WORK AUTHORIZED PURSUANT TO SAID RESOLUTION, AND THE AMENDMENT EXECUTED PURSUANT THERETO, DID NOT INCLUDE THE CONSTRUCTION OF A RECREATION COMMUNITY BUILDING, WHICH IS THE PROJECT COMPONENT DESCRIBED IN PHASE III AND SOUGHT TO BE IMPLEMENTED PURSUANT TO THIS RESOLUTION. City ofMiami Page 70 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01070 Legislation-Sub.pdf 07-01070 Exhibit -SUB.pdf 07-01070 Exhibit 2.pdf 07-01070 Exhibit 3.pdf 07-01070 Exhibit 4.pdf 07-01070 Exhibit 5.pdf 07-01070 Summary Form.pdf 07-01070 Addendum to Agreement.pdf 07-01070 Design -Build Agreement.pdf 07-01070 Design Criteria.pdf 07-01070 Scope Of Work.pdf 07-01070 Plan.pdf 07-01070 Plan 2.pdf 07-01070 Plan 3.pdf 07-01070 Plan 4.pdf 07-01070 Plan 5.pdf 07-01070 Plan 6.pdf 07-01070 Plan 7.pdf 07-01070 B-2 Plans.pdf 07-01070 B-3 Specifications.pdf 07-01070 Plan 8.pdf 07-01070 Plan 9.pdf 07-01070 Plan 10.pdf 07-01070 Attachment A Additional Desigh Work.pdf 07-01070 Additional Design Work Phase II.pdf 07-01070 Amendment #1 Design Build Agreement.pdf 07-01070 Aquatic Facilites.pdf 07-01070 Plans & Specifications.pdf 07-01070 Attachment C.pdf 07-01070 Letter.pdf 07-01070 Schdule Of Values.pdf 07-01070 Text File Report.pdf 07-01070 Text File Report 3.pdf 07-01070 Text File Report 2.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, 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-07-0499 Vice Chairman Sanchez: And we move on to RE.4, which is also a resolution. Ola O. Aluko (Director, Capital Improvements Program): That is correct. Actually, we have a substitution -- last-minute substitution, and we beg your forgiveness for giving it to you on the floor, but it's just a technicality, andl can explain that briefly to you. Vice Chairman Sanchez: Please do. Mr. Aluko: OK. The actual agenda item is to authorize the Manager to execute a negotiated agreement to substantially complete the design -- complete the construction for the community center for Grapeland Heights Park project. On the resolution for the Phase II construction, we included the verbiage "community center." We did not actually build a community center in City ofMiami Page 71 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Phase II The community center is being built in Phase III Therefore, we had to amend the resolution to include Phase -- to include the community center in Phase III, so we just wanted to get it straight. Phase II did not include a community center. Vice Chairman Sanchez: All right, so let's see if we got it straight. You're making it clear that the rec. (recreation) center is Phase III -- Mr. Aluko: That's correct. Vice Chairman Sanchez: -- not Phase II, as in the original sworn -- Mr. Aluko: That is -- Vice Chairman Sanchez: -- document. Mr. Aluko: -- correct. That is correct -- Vice Chairman Sanchez: All right. Mr. Aluko: -- Commissioner. Vice Chairman Sanchez: It's a resolution. Is there a motion? Commissioner Regalado: I'll move it. Vice Chairman Sanchez: The motion has been made by Commissioner Regalado. Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a second, for the record, by Commissioner Sarnoff. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.5 07-01072 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH TO METRO EXPRESS, INC., AUTHORIZED BY RESOLUTION NO. 06-0626, ADOPTED OCTOBER 26, 2006, TO PROVIDE ADDITIONAL SERVICES AT THE LOCATIONS DESCRIBED IN THE AMENDMENT, UNDER THE PROJECT ENTITLED "CITYWIDE STORM SEWER REPAIR PROJECT, B-30262," INCREASING THE FIRST YEAR CONTRACT AMOUNT BY AN AMOUNT NOT TO EXCEED $150,000, THEREBY INCREASING THE TOTAL AMOUNT FROM $698,800 TO $846,800; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS ACCOUNT NO. 352216; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 72 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01072 Legislation.pdf 07-01072 Exhibit.pdf 07-01072 Exhibit 2.pdf 07-01072 Summary Form.pdf 07-01072 Master Report.pdf 07-01072 Letter.pdf 07-01072 Contract.pdf 07-01072 Attachment A Payment & Performance Bond.pdf 07-01072 Performance Payment Bond.pdf 07-01072 Form Of Performance Bond.pdf 07-01072 Form Of Payment Bond.pdf 07-01072 Power OfAttorney.pdf 07-01072 Corporate Resolution.pdf 07-01072 Debarment & Suspension.pdf 07-01072 Certificate Of Liability Insurance.pdf 07-01072 Proposal Bid Form.pdf 07-01072 Pay Item Description.pdf 07-01072 Supplement to Bid Form.pdf 07-01072 Work On Hand Schedule.pdf 07-01072 Bid Bond Form.pdf 07-01072 Power Of Attorney 2.pdf 07-01072 Bid Security List.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0500 Vice Chairman Sanchez: And we move to item RE.5, which is also a resolution. Public Works. Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.6[sic] is a resolution increasing the contract amount for Metro Express in the amount of $150, 000 for existing storm sewer repair project. This is a miscellaneous drainage project, and we're -- we've completed more work than we expected to this -- during this first year, so we asked for an increase so that we can do additional locations. Vice Chairman Sanchez: OK. Commissioner Regalado: Chairman. Vice Chairman Sanchez: It's a resolution. All right. Commissioner Regalado: I move it -- Vice Chairman Sanchez: There -- Commissioner Regalado: -- for discussion. Vice Chairman Sanchez: -- there's a motion. Need a second for the purpose of discussion. Is there a second, Commissioner Sarnoff? Commissioner Sarnoff Yes, there is. City ofMiami Page 73 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Vice Chairman Sanchez: There is. For the record, there's a second, and the item is under discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. Stephanie, the -- I don't know if you're familiar with the 25th Terrace storm sewer project. Your team was there, and it's a huge flooding issue on 25th. Somehow, I don't know if it will be Capital Improvement or Public Works because I'm not sure. I was told that Capital Improvement would be handling that. Is this money -- because this -- let me just go back. The people were told by -- the residents were told by your department that they could do this in three or four weeks, but then, at three weeks' notice, they said, well, we don't have money, but we will be going to the City Commission in September 11 to get new funding, so I just want to make sure that this doesn't get lost in the shuffle of one department to another. This is 25th Terrace and 20th Avenue, andl mean, Francis went there and saw the area. There is heavy local flooding. Ms. Grindell: I can't tell you that, specifically, it's going to go on that location without verifying it, but I know that there are four locations that are on hold right now because we don't have the money to it, and that this money is supposed to accommodate those four locations. Commissioner Regalado: OK, so just wanted to make sure. This a hundred and fifty thousand are for four locations that are on hold. You don't -- Ms. Grindell: Yes. Commissioner Regalado: -- know the location (UNINTELLIGIBT,F) -- Ms. Grindell: I don't, but I can find out and let you know. Commissioner Regalado: Would you? Ms. Grindell: I don't know them off the top of my head. Commissioner Regalado: Would you? Ms. Grindell: Sure. Commissioner Regalado: OK. Ms. Grindell: Sure. Commissioner Regalado: Thank you. Vice Chairman Sanchez: All right. Jorge L. Fernandez (City Attorney): We have four. Vice Chairman Sanchez: OK, we have a quorum. Well, we've always had a quorum. Commissioner Sarnoff never stepped off the dais, but we do have three Commissioners now on the item. There's been a motion, for the record, by Commissioner Regalado, second by Commissioner Sarnoff. The item is under discussion. Hearing no more discussion on the item, RE.5 is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 74 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 RE.6 07-01074 Department of Capital Improvement Programs/Transpor tation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 06-0730, ADOPTED DECEMBER 14, 2006, TO REVISE CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS AND APPROPRIATE NEW FUNDING. 07-01074 Legislation.pdf 07-01074 Exhibit.pdf 07-01074 Summary Form.pdf Motion by Commissioner Spence -Jones, 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-07-0501 Vice Chairman Sanchez: And we go on to item number 6, which is also a resolution, and that's the Department of Capital Improvement -- Ola O. Aluko (Director, Capital Improvements Program): Yes -- Vice Chairman Sanchez: -- Programs [sic] -- Mr. Aluko: -- Commissioner. Vice Chairman Sanchez: -- and Transportation. Mr. Aluko: This resolution is to appropriate new funding sources and to amend the Capital Improvements Appropriation [sic] Resolution 06-0730, as amended, to reflect the addition of these funds as well as other programming of existing funding. Basically, Commissioners, we are transferring new revenue, like grants, to existing funds, and we're also appropriating the midyear appropriations from the Budget Department. Vice Chairman Sanchez: OK. It's a resolution. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Regalado: Move. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. Any discussion on the item? As the Chair, I have a couple of questions. I understand that most of this is simply CIP (Capital Improvements Program) revising appropriations to match the midyear budget adjustments. Mr. Aluko: That's correct. Vice Chairman Sanchez: OK, but what would like for you to do, since there's so many items there, you know, maybe you could put some into the record; just give us a brief overview statement of those changes, and I know -- I'll give you -- you know, just looking at the notes that I have, we have in there -- including moving in County GOB (General Obligation Bond) dollars for projects such as the Grapeland, which is one -- correct me, if I'm wrong -- then you also have City ofMiami Page 75 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 money coming in from the land sales of the Coral Reef and Biscayne Yacht Club -- Mr. Aluko: That's correct. Vice Chairman Sanchez: -- and then just emphasize on a couple of others that, you know, just for the sake of transparency based on your department. Mr. Aluko: What we'll do, Commissioner -- we do have a spreadsheet. However, we will verbalize it in a bullet format to where it's much more clearer -- Vice Chairman Sanchez: OK. Mr. Aluko: -- for you. Vice Chairman Sanchez: All right. No further 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. Mr. Aluko: Thank you. RE.7 07-01076 RESOLUTION Liberty City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING BENEFITS FOR FISCAL YEAR Revitalization Trust 2006-2007, FOR PRESIDENT/CHIEF EXECUTIVE OFFICER ELAINE BLACK, AS FIXED BY THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST. 07-01076 Legislation.pdf 07-01076 Exhibit.pdf 07-01076 Summary Form.pdf 07-01076 Pre-Legislation.pdf 07-01076 Pre-Attachment.pdf Motion by Commissioner Spence -Jones, 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-07-0502 Vice Chairman Sanchez: RE. 7. Who's going to be addressing RE. 7? Commissioner Spence -Jones: It seems like the Manager will be addressing this issue. Pedro G. Hernandez (City Manager): Commissioners -- Mr. Vice Chair, Commissioners, what you have before you is the proposed package for Elaine Black, who is the executive director for the Liberty City Trust. Ms. Black is also here, in case there are any questions, and the Administration is recommending the item. Vice Chairman Sanchez: You're recommending the item? Mr. Hernandez: Yes, sir. City ofMiami Page 76 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Vice Chairman Sanchez: OK. For the record, the Administration is recommending the item. It's -- the Commission want to make a motion? Commissioner Spence -Jones: So moved. I just have a discussion on it. Vice Chairman Sanchez: There's a motion. Need a second for the purpose of discussion. Commissioner Regalado: Second. Vice Chairman Sanchez: Is there a second? Second by Commissioner Regalado. The item is under discussion. Commissioner Spence -Jones, you're recognized for discussion on the item. Commissioner Spence -Jones: OK. I just wanted to make sure that it's really clear, and put -- wanted to put this on the record officially. This was an item -- actually, this is really cleaning up old business. Apparently, the benefits package never was included as a part of the reorganization of the new Trust, and as we know that many of the City -based agencies that we do have, like the Mayor's International Council, the Virginia Key Trust, and others, have benefit packages, so basically this is just -- this was an oversight that we're cleaning up. Thank you, Mr. Chairman. Vice Chairman Sanchez: All right. Any other questions on it? I just have -- compared -- just comparing it to other executive directors, Mr. City Manager, is it within the norm, the range? Mr. Hernandez: It is comparable to others. We did check that and it is. Vice Chairman Sanchez: All right. No further discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.8 07-01039 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN THE AMOUNT OF $39,800, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER JESUS AGUERO, IN THE CASE OF UNITED STATES OF AMERICA V. JESUS AGUERO, CASE NO. 02-20174-CR-ALTONAGA; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-01039 Legislation.pdf 07-01039 Cover Memo.pdf 07-01039 Letter.pdf 07-01039 Affidavit.pdf 07-01039 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 77 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0503 Vice Chairman Sanchez: RE.8. RE.8, City -- the Office of the City Attorney. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman -- Vice Chairman, Commissioners, this is an item that comes to you for your consideration to reimburse the amount of $39,800 to this police officer in that he was successful or charges against him arising out of this transaction were dropped by the federal government. The history of this Commission is that when a police officer is successful or does not get found guilty of the charges brought against him, that this Commission exercises its option -- because it's optional with you -- to reimburse him for, perhaps, not the full amount. He's asking in excess of $70, 000, or close to $70, 000. As you know, we submit these bills to an expert who does an evaluation of them, and this is the amount that the expert has recommended that he deems fair, so it comes to you -- it's optional with you as to whether you want to pay this amount or not, but historically, I remind you, you have consistently always -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- voted in favor of -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- reimbursement. Vice Chairman Sanchez: Mr. City Manager, are you supportive of this resolution? Pedro G. Hernandez (City Manager): Yes, sir. We do support the resolution as -- Vice Chairman Sanchez: OK. Mr. Hernandez: -- stated by the City Attorney. Vice Chairman Sanchez: Coming back to the Commission, is there a motion for approval? Commissioner Sarnoff Motion for discussion. Vice Chairman Sanchez: There is a motion. We need a second for the purpose of discussion. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. There's a second on the record. Discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Mr. City Attorney -- Mr. Fernandez: Yes. Commissioner Sarnoff -- this particular person was brought up on contemporaneous charges in another matter? Mr. Fernandez: Yes. This individual is presently -- my best understanding is that he is -- he has been convicted, and he's doing time -- City ofMiami Page 78 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Sarnoff What was he convict --? Mr. Fernandez: -- for an unrelated matter. Commissioner Sarnoff A totally unrelated matter? Mr. Fernandez: Totally unrelated matter to this, yes, and again, in a case like this, I -- this Commission has, in the past, approved for the matter that the individual was not prosecuted was -- or was not found guilty or responsible, whether it be civil or criminally, notwithstanding the fact that in some other relate -- unrelated matter, the individual might have been found either civilly or criminally liable, the Commission has paid, but it is optional, I remind the Commission. According to the statute that controls this, it is optional with the Commission as to whether you pay or not pay. Vice Chairman Sanchez: All right. What's the will of the Commission? There's three Commissioners on the dais. There's a motion to approve the 40,000. Any further discussion on the item? Commissioner Sarnoff It's a totally unrelated matter, correct? The -- two separate incidents. Mr. Fernandez: Yes. Vice Chairman Sanchez: All right. There's 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, 3/0. City ofMiami Page 79 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 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 (appointed seat) 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 Cecelia Stewart Letter.pdf 07-00249 applications.pdf 07-00249-Cecilia Stewart Letter 09-04-07.pdf 07-00249 applications2.pdf CONTINUED Vice Chairman Sanchez: OK, board appointments. Can we get the other Commissioners for board appointments? Come on. We're making time. We're doing very well. We should be breaking for lunch at 12, coming back at 2. Commissioner Regalado: OK. You want to do board? Vice Chairman Sanchez: All right. BC.1. BC.1, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I just needed to get clarity from the City Clerk, andl think that my staff just gave me a full breakdown on it. Just so that I'm clear on the Overtown Advisory Board Oversight Board, Madam Clerk, I do have the appointees, but what has to happen is they have to actually put in an application process still -- Priscilla A. Thompson (City Clerk): For -- City ofMiami Page 80 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: -- and be advertised for ten days, correct? Ms. Thompson: -- any and all appointments to that board, there must be an advertising process and an [sic] qualification process. We call it an application. Commissioner Spence -Jones: No problem, so I'll be prepared for the October meeting, so I have no appointees, so we can move on to BC.2. BC.2. Vice Chairman Sanchez: All right. I apologize for that. BC.1, no action, no appointments? Commissioner Spence -Jones: Uh-uh. Vice Chairman Sanchez: All right, so no appointments on BC.1. We -- well, first of all, I pass the gavel back to the Chair. BC.2 07-00661 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Miriam Urra Chairman Angel Gonzalez 07-00661 memo.pdf 07-00661 members.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-07-0516 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miriam Urra as a member of the Equal Opportunity Advisory Board. Chairman Gonzalez: BC.2. Vice Chairman Sanchez: BC.2, Equal Opportunity Advisory Board. Mr. Chairman, I would defer that item. Chairman Gonzalez: I will -- Vice Chairman Sanchez: In other words, defer appointment. Chairman Gonzalez: -- reappoint Miriam Urra. Oh, I'm sorry. Would you do the appointment for me? Vice Chairman Sanchez: I would proffer -- I would make a motion to the name that was City ofMiami Page 81 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 proffered by the Chair. Chairman Gonzalez: There is a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye. " Priscilla A. Thompson (City Clerk): Sir, before we vote -- I'm sorry. With Miriam Urra, she needs a -- Chairman Gonzalez: Needs the five/five vote, right? Ms. Thompson: No, no, no. She just needs a four fifth waiver for her absenteeism. Chairman Gonzalez: OK -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- with a waiver. Commissioner Regalado: Move it -- second. Chairman Gonzalez: All right. There is a motion, and there is a second, with a waiver. All in favor, say "aye." The Commission (Collectively): Aye. BC.3 07-00663 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Stuart Sorg Chairman Angel Gonzalez Wendy Kamilar Vice Chairman Joe Sanchez Steve Kneapler Commissioner Tomas Regalado Jack King Commissioner Tomas Regalado Charles Flowers Commissioner Michelle Spence -Jones 07-00663 memo.pdf 07-00663 members.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 City ofMiami Page 82 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 R-07-0517 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Wendy Kamilar, Jack King, Steve Kneapler, Charles Flowers, and Stuart Sorg as members of the Waterfront Advisory 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 Stuart Sorg and Jack King as members of the Waterfront Advisory Board. Chairman Gonzalez: BC.3. Vice Chairman Sanchez: BZ.3 [sic]. Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: I would like to reappoint Wendy Kamilar. Chairman Gonzalez: OK. Let's take -- can we take all the nominations and then vote it all in one? Priscilla A. Thompson (City Clerk): Yes. That makes it a lot easier. Chairman Gonzalez: OK. Ms. Thompson: Thank you. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: OK. Jack King, Steve Kneapler. Chairman Gonzalez: All right. Commissioner Jones [sic]. Commissioner Spence -Jones: Yes. Charles Flowers. Chairman Gonzalez: All right. Vice Chairman Sanchez, would you nominate Stuart Sorg for me, please? Vice Chairman Sanchez: Yes. Chairman Gonzalez: All right. We need a motion on all the name proffer and -- Vice Chairman Sanchez: Oh, there -- Ms. Thompson: And -- Vice Chairman Sanchez: -- might be waivers. Ms. Thompson: Yes. Chairman Gonzalez: With waivers. Ms. Thompson: Thank you. Vice Chairman Sanchez: With waivers. Chairman Gonzalez: Motion and a second. City ofMiami Page 83 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: Second. Chairman Gonzalez: And a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.4 07-00680 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Antonio Llano-Montes Commissioner Tomas Regalado Marvin Weeks Commissioner Michelle Spence -Jones Joey Goldman Mayor Manuel A. Diaz 07-00680 memo.pdf 07-00680 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-07-0518 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Antonio Llano-Montes, Marvin Weeks and Joey Goldman as members of the Arts and Entertainment Council. Chairman Gonzalez: BC.4. Commissioner Regalado. Commissioner Regalado: Antonio Llano-Montes. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Marvin Weeks. Chairman Gonzalez: All right. Mayor Diaz has five appointments here. Priscilla A. Thompson (City Clerk): Yes, and he did turn in the name, please, for Mr. Joey Goldman, and he will be filling the vacancy that was caused by the resignation of Ms. Kate Brown. Chairman Gonzalez: Could someone proffer that for the Mayor? Commissioner Sarnoff I'll so proffer. Chairman Gonzalez: All right. City ofMiami Page 84 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: Second. Chairman Gonzalez: I'm going to defer mine, so -- All right. We need a second. Vice Chairman Sanchez: Second. Chairman Gonzalez: All in favor, say "aye. The Commission (Collectively): Aye. BC.5 07-00681 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Armando J. Silva -Trujillo Chairman Angel Gonzalez 07-00681 memo.pdf 07-00681 members.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-07-0519 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Armando J. Silva -Trujillo as a member of the Miami Street Codesignation Review Committee; 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 Yves Fortune as a member of the Miami Street Codesignation Review Committee. Chairman Gonzalez: BC.5. Vice Chairman Sanchez: BC -- Chairman Gonzalez: Vice Chairman -- Vice Chairman Sanchez: -- 5 -- Chairman Gonzalez: -- Sanchez. Vice Chairman Sanchez: -- I would move to defer appointment. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Yves Fortune. Priscilla A. Thompson (City Clerk): He just needs a five/five waiver. He was appointed, but he City ofMiami Page 85 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 needs a waiver because of the term limit. Commissioner Regalado: OK, with a waiver. Chairman Gonzalez: All right, and I'm going to -- Commissioner Sanchez, will you proffer Armando Silva? Vice Chairman Sanchez: Yes. Chairman Gonzalez: All right. We need a motion on all the names proffer. Commissioner Regalado: Move it. Commissioner Sarnoff So move. Chairman Gonzalez: We need a second. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. All in favor, say aye, " with waivers. The Commission (Collectively): Aye. Commissioner Regalado: With a waiver. BC.6 07-00861 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Joseph Kaplan Miami Association of Fire Fighters Monica Fernandez Miami Association of Fire Fighters Ornel Cotera Fraternal Order of Police Gerald Darling Fraternal Order of Police 07-00861 memo.pdf 07-00861 members.pdf 07-00861 Nominations.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-07-0520 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ornel Cotera, Gerald Darling, Joseph Kaplan, and Monica Fernandez as members of the Fire Fighters' and Police Officers' Retirement Trust. City ofMiami Page 86 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: BC. 6. Vice Chairman Sanchez: I would -- Chairman Gonzalez: We need to proffer -- Vice Chairman Sanchez: -- Commission at -large, I would proffer two names, Ornel Cotera and Gerald Darling. Chairman Gonzalez: All right. Commissioner Regalado: And the firefighter. Chairman Gonzalez: And the firefighters. Vice Chairman Sanchez: The firefighters. Commissioner Sarnoff Joseph Kaplan. Vice Chairman Sanchez: The -- who were the incumbents? Who were their --? Commissioner Sarnoff They're proffering -- Chairman Gonzalez: They're proffering Joseph -- Robert Suarez: At the moment, our -- Robert Suarez, from Miami Association of Firefighters. Chairman Gonzalez: -- Kaplan. Commissioner Sarnoff Joseph Kaplan, Monica Fernandez. Mr. Suarez: Joseph Kaplan and Monica Fernandez. Vice Chairman Sanchez: So reappoint them. Reappoint the firefighter. Mr. Suarez: That's our request. Chairman Gonzalez: All right. We need a second. Commissioner Regalado: Second. Commissioner Sarnoff Second. Chairman Gonzalez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Suarez: Thank you. BC.7 07-00864 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE GENERAL EMPLOYEES' City ofMiami Page 87 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rose Gordon AFSCME Local 1907 Christopher Heywang AFSCME Local 1907 Ron Thompkins AFSCME Local 871 Cary Montero AFSCME Local 871 07-00864 memo.pdf 07-00864 members.pdf 07-00864 Nominations.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-07-0521 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Rose Gordon and Christopher Heywang as members of the General Employees' and Sanitation Employees' Retirement Trust. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ron Thompkins and Cary Montero as members of the General Employees' and Sanitation Employees' Retirement Trust. Chairman Gonzalez: BC.7. Commissioner Sarnoff Don't we get the police? Commissioner Regalado: No, we did -- Priscilla A. Thompson (City Clerk): We did -- Chairman Gonzalez: We did police already. Commissioner Regalado: -- the police -- Ms. Thompson: -- the police. Commissioner Regalado: -- also. Commissioner Sarnoff Where was I? Commissioner Regalado: Cotera and -- Vice Chairman Sanchez: BC.7, I have a Commission at -large. I would -- City ofMiami Page 88 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: -- he read -- Vice Chairman Sanchez: -- proffer Rose Gordon, who's an incumbent. I mean, we just reappoint them, right? Chairman Gonzalez: OK, for AFSCME (American Federal, State, County, and Municipal Employees) and -- Vice Chairman Sanchez: So reappoint both. Chairman Gonzalez: Reappoint both. Vice Chairman Sanchez: Yes. Chairman Gonzalez: OK, we -- all right. Is -- Ms. Thompson: And the name? Chairman Gonzalez: -- there a second to that? Ms. Thompson: You're reappointing Rose Gordon and Christopher -- Vice Chairman Sanchez: Christopher Heywang. Ms. Thompson: Thank you. 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: BC.8. Ms. Thompson: Well, before you move from BC. 8 [sic] now, you also have AFSCME Local 871's two appointments. Vice Chairman Sanchez: Reappoint both of them, Ron Thompkins and Cary Montero. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Second. We need a second. Commissioner -- Commissioner Sarnoff Second. Chairman Gonzalez: -- Regalado. Commissioner Sarnoff Second. Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Gonzalez: OK. All in favor, say "aye. " City ofMiami Page 89 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.8 07-01016 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eli Feinberg Chairman Angel Gonzalez Angel Gonzalez Vice Chairman Joe Sanchez Oscar Baisman Vice Chairman Joe Sanchez David Chiverton Commissioner Michelle Spence -Jones 07-01016 memo.pdf 07-01016 members.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-07-0522 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Oscar Baisman, David Chiverton, Eli Feinberg, and Chairman Angel Gonzalez as members of the Miami Sports and Exhibition Authority (MSEA). Chairman Gonzalez: BC.8. Vice Chairman Sanchez. Vice Chairman Sanchez: BC.8, I would like to reappoint Oscar Baisman. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff I'm going to defer. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: David Chiverton. Priscilla A. Thompson (City Clerk): I'm sorry. I didn't hear you. Commissioner Spence -Jones: David Chiverton. David Chiverton. Ms. Thompson: Is that the only one you have? Commissioner Spence -Jones: Yes. Ms. Thompson: Would that -- which --? OK, thank you. City ofMiami Page 90 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: Vice Chairman Sanchez, will you proffer Eli Feinberg and myself for me? Vice Chairman Sanchez: I would move Eli Feinberg. Ms. Thompson: With a five/five waiver. Vice Chairman Sanchez: With a five/five waiver. Chairman Gonzalez: All right. Is there a second? Commissioner Regalado: Second. Commissioner Sarnoff Second. Chairman Gonzalez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. BC.9 07-01017 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 07-01017 memo.pdf 07-01017 members.pdf 07-01017 nomination memo.pdf CONTINUED Chairman Gonzalez: BC.9. Commissioner Sarnoff. Commissioner Sarnoff Again, I'm going to defer. BC.10 07-01018 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: John E. Matuska Chairman Angel Gonzalez Dr. Rosie Molina Vice Chairman Joe Sanchez 07-01018 memo.pdf 07-01018 members.pdf City ofMiami Page 91 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 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-07-0523 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint John E. Matuska and Dr. Rosie Molina as members of the Health Facilities Authority Board. Chairman Gonzalez: BC.10. Vice Chairman Sanchez: BC.10, I would like to reappoint Dr. Rosario Molina, andl think she needs a waiver. Has that board ever met? Priscilla A. Thompson (City Clerk): Yes, it has met, andl -- this -- I don't have her listed, so this would be her first time; not a reappointment, but an appointment of Dr. -- I'm sorry, her name again. Vice Chairman Sanchez: Well, she's an -- she's the incumbent. Ms. Thompson: I'm sorry. Vice Chairman Sanchez: Rosar -- Rosie Molina. Ms. Thompson: I'm sorry. That's correct. She doesn't need a waiver of any kind. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Will you proffer John E. Matuska for me, please? Vice Chairman Sanchez: I would proffer the name presented by the Chair. Chairman Gonzalez: All right. We need a second. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: All in favor, say "aye. " The Commission (Collectively): Aye. BC.11 07-01019 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Pablo Acosta Chairman Angel Gonzalez Carol Gardener Commissioner Michelle Spence -Jones Richard Berkowitz Mayor Manuel A. Diaz City ofMiami Page 92 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 07-01019 memo.pdf 07-01019 members.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-07-0524 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Carol Gardener, Pablo Acosta, and Richard Berkowitz as members of the Finance Committee. Chairman Gonzalez: BC.11. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I -- yes. Carol Gardner. Chairman Gonzalez: And the Mayor has Richard Berkowitz. Priscilla A. Thompson (City Clerk): That's correct, and he is reappoint -- he wants to reappoint him. Chairman Gonzalez: And, Commissioner Sanchez, will you proffer Pablo Acosta for me? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We need a -- OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.12 07-01020 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lazaro J. Lopez Chairman Angel Gonzalez Jose Castro Commissioner Tomas Regalado 07-01020 memo.pdf 07-01020 members.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 City ofMiami Page 93 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 BC.13 07-01021 Office of the City Clerk R-07-0525 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Jose Castro and Lazaro J. Lopez as members of the Nuisance Abatement Board. Chairman Gonzalez: BC.12. Vice Chairman Sanchez. Vice Chairman Sanchez: Defer. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Jose Castro. Chairman Gonzalez: And will you proffer Lazaro Lopez for me, please? Vice Chairman Sanchez: Lazaro Lopez. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We need a -- and we have a motion and a second. All in favor, say aye.' The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Michael G. Barket Vice Chairman Joe Sanchez Frank Herrera Commissioner Tomas Regalado Marie Louissaint Commissioner Michelle Spence -Jones 07-01021 memo.pdf 07-01021 members.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-07-0526 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Michael G. Barket, Frank Herrera, and Marie Louissaint as members of the Bayfront Park Management Trust; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of City ofMiami Page 94 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 the members of the full City Commission, as it relates to past absences on record for Frank Herrera as a member of the Bayfront Park Management Trust. Chairman Gonzalez: BC.13. Vice Chairman Sanchez: BC.13, I will reappoint Michael G. Barket. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Frank Herrera. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Marie Louissaint. I reappoint her. Priscilla A. Thompson (City Clerk): And Mr. Herrera will need a waiver for his absences. Commissioner Regalado: OK, with an -- with a waiver. Chairman Gonzalez: All right. We need a second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second on all name proffer. All in favor, say "aye." The Commission (Collectively): Aye. BC.14 07-01022 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio J. Abella Chairman Angel Gonzalez Raquel Dawson Vice Chairman Joe Sanchez Sharon S. Lassar Commissioner Tomas Regalado Carol Gardner Commissioner Michelle Spence -Jones 07-01022 memo.pdf 07-01022 members.pdf Motion by Commissioner Sarnoff, 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-07-0527 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was City ofMiami Page 95 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 passed unanimously, to appoint Ignacio J. Abella, Raquel Dawson, Sharon S. Lassar, and Carol Gardner as members of the Audit Advisory Committee. Chairman Gonzalez: BC.14. Vice Chairman Sanchez. Vice Chairman Sanchez: Advise -- Audit Advisory Board. I would reappoint Raquel Dawson. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Sharon Lassar, Ph.D (Doctor of Philosophy). Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Carol Gardner. Priscilla A. Thompson (City Clerk): I'm sorry, didn't hear that. Commissioner Spence -Jones: Carol Gardner. Chairman Gonzalez: I need someone to proffer Ignacio Abella for me. Commissioner Sarnoff So proffered. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second on all name proffers with waivers needed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.15 07-01030 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Susan Weintraub Civilian Investigative Panel 07-01030 memo.pdf 07-01030 members.pdf 07-01030 application.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-07-0528 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was City ofMiami Page 96 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 passed unanimously, to appoint Susan Weintraub as a member of the Civilian Investigative Panel. Chairman Gonzalez: BC.15. Vice Chairman Sanchez: I would proffer the name for the Commission at -large of Susan Weintraub. Chairman Gonzalez: All right. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: That concludes the board appointments. City ofMiami Page 97 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 DISCUSSION ITEMS DI.1 07-01077 DISCUSSION ITEM Department of DISCUSSION CONCERNING MANAGEMENT LETTER AND SINGLE Finance AUDITOR REPORT FOR FISCAL YEAR ENDED 2006 FROM EXTERNAL AUDITORS. 07-01077 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to defer Item DI.1 to the next available City Commission meeting. Chairman Gonzalez: All right. Let's go into DI.1. Pedro G. Hernandez (City Manager): Mr. Chairman, my understanding was that we were going to take that item right after lunch. This is the audit report. Commissioner Sarnoff No. Vice Chairman Sanchez: No. Chairman Gonzalez: No. Commissioner Sarnoff Yeah. Mr. Hernandez: It's not? Vice Chairman Sanchez: Oh, yeah, yeah, it is. It is. OK. Commissioner Sarnoff So we could do DI.3. Priscilla A. Thompson (City Clerk): DI (Discussion) -- Chairman Gonzalez: OK. Commissioner Sarnoff We could do DI -- Ms. Thompson: DI.2? Commissioner Sarnoff -- 2. Commissioner Spence -Jones: Early voting. Chairman Gonzalez: All right. B2 -- D2.1. Vice Chairman Sanchez: D what? Chairman Gonzalez: D2.1. Commissioner Spence -Jones: Oh, DI -- Chairman Gonzalez: This is Commissioner items. Vice Chairman Sanchez: Oh, OK. City ofMiami Page 98 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: Are we not going to deal with D -- the D1.2? Chairman Gonzalez: They want to wait for the afternoon, don't you? Commissioner Spence -Jones: And also -- Mr. Hernandez: No. Commissioner Spence -Jones: -- for the settlement too? Mr. Hernandez: No. It was the -- only the one dealing with the audit. Vice Chairman Sanchez: All right. Let's get on track here. Jorge L. Fernandez (City Attorney): Under discussion, you also have DI.3, which is an offer of settlement that I'm bringing to you on which I am recommending against the settlement. If you want to take that up now or later, it's up to you, but -- Chairman Gonzalez: All right. Let's -- Mr. Fernandez: -- DI.3. Vice Chairman Sanchez: But wait a -- Chairman Gonzalez: -- get -- Vice Chairman Sanchez: -- minute. Chairman Gonzalez: -- organized here, people. BI I [sic] -- are you ready for DI 1 ? Mr. Hernandez: No, sir. We asked for that one to be heard right after lunch. [Later...] Mr. Hernandez: Mr. Chairman, we also had -- Chairman Gonzalez: Next. Mr. Hernandez: -- an item that was supposed to have been taken earlier in the day after the break, which is the report by the external auditor. That's D -- Chairman Gonzalez: DI 1. Mr. Hernandez: -- I1, and they were supposed to be here around 2: 30, and since we were on the break, we asked that the item be deferred so they can be here to do their presentation at the next available meeting. Chairman Gonzalez: All right. We have a -- is there a motion to defer this item? Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." City ofMiami Page 99 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: All right. That concludes the agenda. DI.2 07-01080 DISCUSSION ITEM Office of the City DISCUSSION REGARDING THE USE OF CITY HALL FOR EARLY VOTING Clerk SITE - 2008 ELECTIONS. 07-01080 Cover Memo.pdf 07-01080 Letter.pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to authorize Miami -Dade County Office of Elections to utilize Miami City Hall as an early voting site for the 2008 election cycle. Pedro G. Hernandez (City Manager): However -- Chairman Gonzalez: All right. Mr. Hernandez: -- there is a D1.2 [sic], which is -- deals with the use of City Hall for the elections that maybe the Clerk can address. Priscilla A. Thompson (City Clerk): Yes, thank you. Chairman Gonzalez: OK. DI.2, right? Ms. Thompson: Yes. OK. Chairman Gonzalez: OK. Ms. Thompson: As is his usual practice, the Supervisor of Election has requested the use of City Hall as a voting precinct for the Dade County 2008 election cycle. The dates are listed there, and we just need the Commission's approval to use City Hall. Vice Chairman Sanchez: So you need -- through a motion? Ms. Thompson: That's how you have been handling it for us. Vice Chairman Sanchez: All right. So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Thompson: Thank you. DI.3 07-01116 DISCUSSION ITEM City ofMiami Page 100 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Office of the City DISCUSSION CONCERNING THE SETTLEMENT OFFER FROM FEILER & Attorney LEACH, P.A., TO SETTLE THE CASE OF JUAN AGUIRRE V. CITY OF MIAMI, CASE NO.: 04-23205-CIV-HIGHSMITH, IN THE AMOUNT OF $150,000, EXCLUSIVE OF ATTORNEY'S FEES WHICH WOULD BE DETERMINED BY THE COURT AT A LATER DATE, WITH POSSIBLE LEGISLATION RESULTING. 07-01116 Cover Email.pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed, with Commissioner Spence -Jones voting no, to deny the proposed settlement of the Juan Aguirre case. Chairman Gonzalez: DI 3, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. This is a case that has gone to trial. Trial is not yet over. We have pending post -trial motions about which we feel very strongly, and this case, however, the plaintiff has offered a settlement to settle this case for an amount less than what the jury verdict was. I'm bringing it to you because, ethically, I have to bring to the Commission every offer of settlement. However -- and typically, most of those offers of settlement) recommend. This one I am not recommending, so I'm bringing this item to you with a strong recommendation for you to reject the offer of settlement and allow this case to go to its conclusion. We feel very comfortable that the facts, while the jury might have found against the City, the law of the issues that are being dealt with will be resolved in the City's favor, either as a result of the post -trial motions that we have made or as a result of a very aggressive appeal that, on behalf of the City, we would intend to perfect. Chairman Gonzalez: All right. Vice Chairman Sanchez: I would make a motion to deny the settlement based on the recommendation provided by our City Attorney. Commissioner Spence -Jones: Mr. Chairman, I do have a comment, and) will -- Chairman Gonzalez: Let me get a second. Is there a -- Commissioner Sarnoff Second. Chairman Gonzalez: -- second? Commissioner Spence -Jones: OK. Commissioner Sarnoff Second for di -- Chairman Gonzalez: We have a second. Commissioner Spence -Jones: OK. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, and again, I know Mr. City Attorney and) just do not agree with this issue, but it's apparent that we have some true issues that need to be addressed in the Police Department. I had -- I've had a chance to actually go through the transcripts because I really wanted to have a greater understanding of what happened in this particular case. I do know Officer Aguirre prior to me becoming a Commissioner, and he's always been a stand-up City ofMiami Page 101 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 guy, and even, you know, in the testimony and reading the testimony, I've seen -- or at least it was admitted in the very beginning, and as it went through trial, it became something else. I just think that -- andl want to say this to the City Manager and to also the Commissioners. We really need to really get this situation in check when it comes to what's happening to our officers, and it's obvious that there is a feeling that there's no support; that -- not across-the-board, but just in general that needs to be addressed, and you know, officers are leaving left and right, so obviously, there's a problem, and you know, ifI have to vote on this item, I vote that he does get the settlement, but it's already been passed but that's my opinion. Commissioner Sarnoff No, it hasn't been passed. Vice Chairman Sanchez: No, it didn't pass. It's under discussion. Commissioner Spence -Jones: Oh, OK. All right. I just think that we have some serious issues that need to be addressed. Commissioner Sarnoff I'd just like to comment thatl happen to agree shoulder -to -shoulder with the City Attorney on this one. This is kind of the work that I do, and legally, he's absolutely right. He has a stellar judge in Judge Highsmith, who probably has written more civil rights decisions than any -- I know he's written Farragher, and I know the Supreme Court of the United States accepted Farragher, and if there's going to be a judge in the United States Southern District of Florida that's going to get it right, it's going to be Judge Highsmith. I've seen a couple of the motions, and I've seen the post -trial issues, andl think the City happens to be correct on the law on this, and if we start to pay settlements not predicated on the law, but predicated on our practices, we're really going to get in trouble, and while there may be an issue that needs to be addressed, it should not be addressed in the context of litigation because you send a message to every plaintiff attorney out there that the City -- if you get in front of that City Attorney and you get in front of that City Commission, you're going to set policy. You don't want to do that, and I think we should follow the City Attorney on this. I think he's going to be correct in his outcome. Commissioner Spence -Jones: Right, andl'm -- again, I just want to make this statement -- not taking anything away from Jorge and what his recommendation is, andl'm not saying that do that, so I just want to be very clear with our City Attorney on that, but I've seen us settle for less, and it has not been a issue. I think that we do need to send a clear message that we need to take care of our officers and that that kind of behavior will not be tolerated, so I just really wanted to make sure that I put my thoughts on this issue on the record. Vice Chairman Sanchez: Mr. Chair. Chairman Gonzalez: All right. D2.1. Priscilla A. Thompson (City Clerk): No. We need a vote. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: Oh, we didn't vote? OK. All in favor, say "aye." Commissioner Spence -Jones: No. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: One "no. Chairman Gonzalez: One no. City ofMiami Page 102 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 PART B PZ.1 06-00829Iu1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONSIDERING, BY LEAVE OF ADMINISTRATIVE COURT, AN AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND AMENDING ORDINANCE NO. 12920 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-008291u1 City Attorney Memorandum.pdf 06-008291u1 Land Use Map.pdf 06-008291u1 Aerial Map.pdf 06-008291u1 Order Granting Continuance.pdf 06-008291u1 Court's Motion.pdf 06-008291u1 FR Legislation (Version 1).pdf 06-008291u1 Exhibit A.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] REQUESTOR: Jorge L. Fernandez, City Attorney, on behalf of the City of Miami PURPOSE: This will change the above property to Duplex Residential in accordance with the Stipulated Settlement Agreement. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Mr. Tucker Gibbs. Jorge L. Fernandez (City Attorney): PZ.1. Chairman Gonzalez: PZ.1. Mr. Fernandez: Mr. Chairman, Commissioners, this is an item that's in front of you today as a result of a settlement. This case, on May 24, the Commission adopted an ordinance changing the zoning of this property from RE.1 [sic] to RE.2 [sic]. The Commission, at that time, also passed an ordinance approving the application for a small-scale amendment, which changed the land use designation, the future land use map of our Comprehensive Plan from single-family residential to medium density multifamily residential. A lawsuit ensued, and they challenged the -- the neighborhood challenged the designation of the comp plan, and we have leave of court. The administrative judge has relinquished jurisdiction for this Board to consider the settlement. I can tell you that the -- and you will hear from the attorney representing the homeowners, as well as the attorney representing the developer, andl can represent to you that staff is in concurrence with this settlement and, in essence, it is changing the comp plan designation from City ofMiami Page 103 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 medium density multifamily to duplex -- Vicky Garcia -Toledo: Correct. Mr. Fernandez: -- and that is -- you're able to do that by considering that and passing on first reading the ordinance that's in front of you today, and so if you want to hear from counsel from either side, you're welcome to do that, but it is the short -- the skinny of it, I've just given it to you. Chairman Gonzalez: Read the ordinance, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): I need a motion and a second, please. Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The -- Ms. Garcia -Toledo: Thankyou. Ms. Thompson: -- ordinance is passed -- Tucker Gibbs: Thankyou. Ms. Thompson: -- on first reading, 5/0. Vice Chairman Sanchez: See you. Chairman Gonzalez: OK. City ofMiami Page 104 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-01082 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE CITY OF MIAMI'S INVESTMENT POLICY TO AUTHORIZE INVESTMENT OF SURPLUS FUNDS IN RATED OR UNRATED BONDS, NOTES, OR INSTRUMENTS BACKED BY THE FULL FAITH AND CREDIT OF THE GOVERNMENT OF ISRAEL, AND TO PROHIBIT INVESTMENTS IN ANY COMPANIES WITH BUSINESS OPERATIONS IN SUDAN, IRAN, NORTH KOREA AND CUBA, PROVIDED THAT SUCH REVISIONS SATISFIES SPECIFIED FIDUCIARY STANDARDS. 07-01082 Legislation.pdf 07-01082-Submittal-City of Miami's Investment Policy Proposed Resolution.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0504 Chairman Gonzalez: D2.1. Commissioner Sarnoff, it's your item. Commissioner Sarnoff Yes. What -- the purpose of this resolution or discussion, since we won't vote from our blue pages, is merely to have a conversation asking that the City ofMiami Commission amend the City ofMiami's investment policy to authorize investment of surplus funds in rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel, and the reason I bring up Israel is this is the exact language, the exact motion that was brought up -- or the exact legislation that was passed by Tallahassee very recently in this past November. I also would prohibit investments in any companies that do business and operate -- with operations in Sudan, Iran, I would include Cuba and North Korea as a friendly amendment, provided that such revision satisfied specified fiduciary standards. Now, in the interest of full disclosure to this Commission, I just received, as in the minute of five minutes ago, a letter from Berkowitz Dick Pollack & Brant, and I'll read it to the Commission so that we're all apprised of it. It says, "Dear Commissioner Sarnoff, on September 6, 2007, at the regular meeting of the City ofMiami Finance Committee, the Committee was asked to approve a proposed resolution of the City ofMiami Commission amending the City ofMiami investment policy (see the proposed resolution attached). The Committee appreciates the desire of the Commissioner to authorize the investment of surplus funds in rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel. The Committee wishes to bring to the attention of the Commissioner that current investment policy of the City of City ofMiami Page 105 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Miami does not allow investments in foreign debt instruments. The Committee unanimously recommend -- excuse me, recommends amending the resolution to allow the City ofMiami to invest in foreign debt rated AA or better by Moody [sic] Standard and Poor's. The Committee recommends the following amendment to Section 2 of the proposed resolution, " and here's their amendment. "The City's investment policy, established and adopted May 10, 2001, pursuant to Resolution 01-448, is amended to authorize investment of surplus funds in foreign bonds rated AA or better by Moody's and Standard and Poor's. The Committee understands that the Commissioner wishes to give preference to bonds issued by the State of Israel. The Committee has no position with respect to this issue. The Committee has considered the language of the proposed resolution's granting clauses, which includes statements that are political and social in nature. The City ofMiami's investment policy has no such statements. The Committee believes that the City of Miami's investment policy should not contain political or social statements, and therefore, the Committee is unanimously opposed to including the language in the proposed resolution." I don't see any of the other Commissioners being CC'd (Carbon Copied) on this. I just got this, truthfully, five minutes ago. I understand that we don't vote from our blue pages, so I just wanted to bring it up for discussion. I want to bring clearly to this Board that this is exactly what the State of Florida did. I think -- Chairman Gonzalez: And agree with you. Commissioner Sarnoff Yeah, andl think we can add in there that we should not do business with Sudan, Iran, andl want to carefully interlineate Cuba and North Korea -- Chairman Gonzalez: Korea. Commissioner Sarnoff -- andl can't think of a better time than September 11 -- Chairman Gonzalez: To do that. Commissioner Sarnoff -- to state as a policy the wishes and desires of this Board regarding investment by our, you know, agencies that are backing our pension boards, so we're talking about the surplus funds, andl will tell you two things that probably very few people know. There are only two countries in this world that have never defaulted on a negotiable instrument; one is the United States ofAmerica, the second is Israel, and they pay two points higher than the United States ofAmerica. They have never defaulted. Whatever their rating, they have never defaulted, andl can tell you this; that the State of New York, the State of California, the State of Utah, all invest in those bonds. Chairman Gonzalez: All right. Commissioner Regalado: If I may, Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Just for clarification, when I saw the first draft, I said, well, we need to go to the State Department list of nation that sponsor terrorism, so these countries were not picked at random. The State Department has a list of country that sponsor international terrorism, and these are Sudan, Iran, Cuba, and North Korea. Syria was taken off the list some time ago, so I don't see anything wrong in having social or political language on the resolution because, after all, the Congress of the United States is always passing resolutions -- even -- I remember when the embargo was declare against the Apartheid regime in South Africa. It had a very fiery language of the US (United States) Congress calling on the world to boycott South African (UNINTELLIGIBLE) government, so I don't understand that letter, nor I do support it because I think that cities and states and countries have responsibility to make a political statement, and the reason that we do not want to do business with Iran or Sudan or Cuba and City ofMiami Page 106 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 North Korea is -- needs to be explained, and this is why the resolution explain it, so it's nothing wrong to being politically vocal, socially vocal, so I am -- I really do not agree with the letter, so I don't have any problem in making the recommendation. Chairman Gonzalez: All right. Charlie. Charlie Cox: Yes. Charlie Cox, 4011 West Flagler Street, Miami, Florida. I can let you all know that we do already invest in Israel bonds on the pension board, and as far as the other issue on this, I will make sure -- and I'm sure Rosalie Marks [sic] from the City Manager's Office that's appointed to our pension board -- that this gets on our next pension board meeting. We have one Friday, so it's too late to put it on that, but we will definitely put it on the next one, and I know already we don't invest in North Korea, but we do buy Israel bonds already. Chairman Gonzalez: Thank you, Charlie. Commissioner Sarnoff Thanks, Charlie. Mr. Cox: Thank you. Tom Gabriel: Tom Gabriel, chair of the FIPO (Firefighter and Police Officers) Trust. We've also are allowed to invest at this point, under the State of Florida, to invest in Israeli bonds. I did check when I saw this thing here. Currently, we do not have any, but once this passes, we'll certainly let our investment managers know that the Commission has voiced an opinion on it. On the second part of it is more of an issue, and we've been exploring it already on the FIPO Board. We've had one of the members of the board that you've just reappointed had brought it to our attention; had brought up the fact that the State of Florida, who often gives us rules that we're not happy with, did do that and has given sort of the OK to allow that to happen on the state level. We have already started researching it. The biggest issue is how the heck do you find who has companies or business in Iraq or Iran, North Korea, et cetera. There are services out there. We've put out feelers to see what it would cost, and probably, the final statement is we - - although we have no -- and speaking as the chair, not having had a board meeting since then - - we have no problem with the direction, and it does talk about the fiduciary responsibility. The first thing we have to do is make sure that it doesn't cost the taxpayers and the fiduciary responsibility, but from what I've read in a lot of cases, it actually is good money management to stay away from countries that do terror, so I can commit to you -- it's been on our agenda. We're going to a conference shortly to discuss it more fully and hear speakers from all over the country talk about it, and we'll be having that back on our agenda the next meeting, so -- Chairman Gonzalez: Thank you. Mr. Gabriel: -- thank you. Chairman Gonzalez: Thank you. All right. Is there a motion? Commissioner Sarnoff It -- yeah. I'd like to make a motion. Chairman Gonzalez: Instructing the City Attorney or the Administration to come up with the -- Commissioner Sarnoff I know you have a rule that you don't like to have motions coming off of blue pages. Chairman Gonzalez: Right. Commissioner Sarnoff If you'd like give me the latitude of making a motion, I would certainly -- City ofMiami Page 107 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: Go ahead. Commissioner Sarnoff -- appreciate it. I'd like to make a motion to approve resolution D2.1 and D2.2. I'll do it both. I think we've discussed amply both reasons. Vice Chairman Sanchez: As amended -- Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: -- to include Cuba and Korea. Chairman Gonzalez: -- and we have a second. Commissioner Sarnoff Oh, yeah. I'm sorry, as amended. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Priscilla A. Thompson (City Clerk): We need to do the vote separately, please. Chairman Gonzalez: All right. That was on D2.1. D2.2 07-01083 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST (COLLECTIVELY "PENSION BOARDS') TO INVEST IN BONDS BACKED BY THE GOVERNMENT OF ISRAEL AND TO PROHIBIT INVESTMENTS IN ANY COMPANIES DOING BUSINESS WITH IRAN, SUDAN, NORTH KOREA AND CUBA, PROVIDED THAT SUCH REVISIONS SATISFIES SPECIFIED FIDUCIARY STANDARDS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE PENSION BOARDS. 07-01083 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0505 Chairman Gonzalez: D2.2. Commissioner Sarnoff So move. Chairman Gonzalez: We need a mo -- we have a -- City ofMiami Page 108 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Sarnoff So move. Chairman Gonzalez: -- motion. We have a second. Commissioner Sarnoff So moved, as amended. Vice Chairman Sanchez: Second. Chairman Gonzalez: As amended. Jorge L. Fernandez (City Attorney): And to be -- Chairman Gonzalez: All -- Mr. Fernandez: -- clear, the amendment is only with reference to adding North Korea and Cuba. Chairman Gonzalez: And Cuba. Commissioner Sarnoff Correct. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry. I didn't record a second. Vice Chairman Sanchez: Second. Ms. Thompson: Thank you. Chairman Gonzalez: Motion carries. Ms. Thompson: Thank you. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-01088 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY MANAGER TO IMPLEMENT A POLICY REQUIRING THAT ALL REQUEST FOR LETTERS OF INTEREST, REQUEST FOR PROPOSALS, REQUEST FOR QUALIFICATIONS AND ALL OTHER FORMS OF REQUEST FOR PROCUREMENT FROM THE CITY OF MIAMI SHALL BE PREPARED BY A CITY OF MIAMI EMPLOYEE AND IN THE EVENT THAT THE SAME IS NOT PREPARED BY A CITY OF MIAMI EMPLOYEE, THE NON -CITY OF MIAMI EMPLOYEE PREPARER SHALL BE BANNED FROM COMPETING FOR THE SAME CONTRACT IN WHICH IT PREPARED THE REQUEST FOR PROCUREMENT. 07-01088 Legislation.pdf MOTION City ofMiami Page 109 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to place Item D3.1 on the agenda of the City Commission meeting currently scheduled for September 27, 2007 as a first reading ordinance, and on the City Commission meeting currently scheduled for October 11, 2007 as a second reading ordinance. Chairman Gonzalez: D -- Commissioner Sarnoff Done. Chairman Gonzalez: D3.1. Vice Chairman Sanchez: Mr. Chairman, this resolution caught me by surprise by being placed in my blue pages. As you are aware, this is an issue that we've been discussing here for the last four months pertaining to the HDR (Henningson, Durham and Richardson, Inc.) incident, where there were accusations made that someone else wrote the RFP (Request for Proposals). Therefore, we created this legislation, andl directed the City Manager, through -- with the assistance of the City Attorney, to draft this legislation, and when I say draft the legislation, whether it's a resolution or an ordinance, it should have been placed in the regular agenda. However, it was put on my blue pages, andl would like to ask that -- and once again, I don't know what's -- what the whole thing with this ordinance. I mean, it's faced so many challenges by a lot of people. I think it's a good ordinance. I think it should be decided by this Commission whether we're going to vote it or not, but you know, looking at it, you know, I see that maybe somewhere along the line there's been some stall tactic or maybe lack offollow-through pertaining to this legislation, so what I'm going to ask that, through the Administration, Mr. City Manager, this item be placed on the October -- Pedro G. Hernandez (City Manager): 11 th. Vice Chairman Sanchez: -- the 11 th -- October 11 -- no, no, the 27th. Be put on the 27th -- Mr. Hernandez: September 27. Vice Chairman Sanchez: -- for first reading, second reading on October 11, on the regular Commission agenda as an ordinance -- Jorge L. Fernandez (City Attorney): As an ordinance. Vice Chairman Sanchez: -- not a resolution; a ordinance, OK? I mean, you know, we have gone back and forth with this legislation. I think, at the end of the day, it is this Commission that either votes it up or votes it down. I think it's a good legislation. There is no compromise in that legislation, andl will push hard to pass this legislation because I think it's a good legislation. Commissioner Sarnoff Second. Chairman Gonzalez: All right. Mr. Hernandez: Commissioner, I -- Chairman Gonzalez: We have a motion -- Mr. Hernandez: -- just -- Chairman Gonzalez: -- and we have a second. All in favor, say "aye.' The Commission (Collectively): Aye. City ofMiami Page 110 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 D3.2 07-01090 Mr. Hernandez: For the record, I just concur with your statement. I -- Commissioner Spence -Jones: He concurs. Mr. Hernandez: -- agree with you. Vice Chairman Sanchez: Well, I just don't know why it's been so hard to get this ord -- this legislation on the City agenda. Mr. Hernandez: As a matter of fact, that's the unwritten policy that we follow today, so I totally agree, and we'll have it back on the 27th. Vice Chairman Sanchez: All right. DISCUSSION ITEM DISCUSSION REGARDING STARS OF CALLE OCHO. 07-01090 E-MAI L. pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to direct the City Manager to work with the City Attorney, Public Works, Risk Management, and all other necessary departments to craft a Request for Proposals (RFP), with all proper safeguards in place, for a nonprofit organization to place and maintain new stars on the sidewalks of Calle Ocho, and to be ready for review by the District 3 office within 30 days, to be properly advertised no later than October 31, 2007. Chairman Gonzalez: All right. D3.2. Vice Chairman Sanchez: D3.2, Mr. City Manager, this is pertaining to the Stars of Calle Ocho. What I would respectfully request is that the City Attorney work on terminating all existing but dormant agreements between the City ofMiami and the Stars of Calle Ocho. Calle Ocho Celebrity Walk of Fame, which is also a name -- there's so many different organizations that have been running that and organizations that are out there that we need to just do away with those, and then what I would ask is that I would ask that you work, Mr. City Manager, with the City Attorney, Public Works, Risk Management, and all other proper departments to craft a Request for Proposal for a nonprofit organization to place new stars on the sidewalks of Calle Ocho, and of course, to maintain them, and the reason why I'm saying that is I'm being approached by different organizations that just want me to hand it over to them, andl can't do that. There has to be a process, a fair process to make sure that those that are seeking this -- andl think it's very important to the area -- are the proper organization with the proper insurance, with the proper credential, with the proper experience to make sure that this project doesn't fail again. I think it's important that we focus on that because it is one more element to Calle Ocho in an area that, as you've heard Los Viernes Culturales, and really, economically, it's picked up a lot, so that's one of our success stories, so what I would request is that, within 30 days, that the City Attorney, through the Administration, draft an RFP (Request for Proposals), with all the proper safeguards in place, to include that the insurance requirements are in place, the maintenance agreement is in place and ready for review by my office, and then, of course, it'll be properly advertised, and it should be properly advertised no later than October 31 to be put out. On Wednesday, September 4, maybe we could have an evaluation committee make the recommendations and -- I mean, to move forward with it. I apologize for the date, but just get this done in an expedited manner so we could get the ball rolling on this. Pedro G. Hernandez (City Manager): Commissioner, you did mention that your desire would be for a nonprofit to be able to lead this effort. City ofMiami Page 111 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Vice Chairman Sanchez: Absolutely. It'll be a nonprofit, and you know, they're going to make money; it's perfectly fine, but we need to make sure that there are no abuses like there were in the past because when these organizations take control of this and they go out there -- and basically, what they do is the same thing as they do in Hollywood. They chase down celebrities. They sell them a star, but you know, when things go wrong, they don't -- when things go wrong and there's embarrassment, it's not on the individual placing the star that gets the light shined on, it's the City, so we've got to make sure that once we do this and we get it right, we've got to make sure that all the safeguards are in place, so therefore, that is put through a motion directing the Administration to work with the Legal Department and all the other departments to get this done as quickly as possible. Once again, I want to state that I'm having different organizations approaching me, and tell them, listen, I -- there's nothing I could do. I can't give it to you. It needs to be put out in an RFP and then let the best organization, you know, be awarded the agreement, so that's in form of a motion. Chairman Gonzalez: All right. Is there a second to that motion? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-01031 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF THE ROBERT KING HIGH PARK AND THE SNOWMOBILE FOR THE "MUNICIPIO YAGUAJAY EN EL EXILIO" EVENT THAT WAS HELD AT SAID PARK ON AUGUST 12, 2007. 07-01031 Legislation.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-07-0506 Chairman Gonzalez: Commissioner Regalado, D4.1. Commissioner Regalado: Thank you very much, Mr. Chairman. D4.1 is a resolution waiving the fees for the rental of the Robert King High Park and the showmobile for the Municipio Yaguajay en el Exilio, which will -- was held on August 12 of this year. The employees were paid, and this is just for the rent that -- it's a standard procedure we do -- Chairman Gonzalez: All right. Commissioner Regalado: -- so, so move. City ofMiami Page 112 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D4.2 07-01085 DISCUSSION ITEM DISCUSSION ABOUT REQUIRING IMMEDIATE LEGAL ACTION ON HOUSES THAT DO NOT HAVE HOMESTEAD EXEMPTION BUT DO HAVE CODE ENFORCEMENT LIENS. 07-01085 Cover Memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Spence -Jones absent, to direct the City Attorney to file suit against the property owner of a particular house on SW 16th Terrace as soon as possible, following the pattern of the suit that the City ofMiami successfully won several years ago regarding a house with similar Code enforcement violations located on SW 19th Street. Chairman Gonzalez: D4.2. Commissioner Regalado: D4.2 is a discussion about directing the Administration and the City Attorney and Code Enforcement to start an aggressive project with the court system regarding houses that are in violation of Code issues but do not have homestead exemption, and I'll tell you exactly why. There is a house on 16th Terrace Southwest and 36Avenue that was sold two years ago, advertised as an investment. In fact, the real estate advertisement said you can make at least $6, 000 of income every month, and they were right, so someone who lives in Doral, bought this property, and not only they start renting the illegal units, but they built more units. Now these are -- this house is not only a problem house because it creates a huge parking problem in the neighborhood, but it's also become a nuisance, which is the second item, because there is discussion. The people really go out and, you know, challenge the residents, and it's a complete mess, so Code Enforcement went there and start the case. The case went, finally, to the Code Enforcement Board, so I ask the property appraisal [sic] ofMiami-Dade County whether that house and other addresses that I send had homestead exemption. They did send an inspector. They did a search, and it had homestead exemption the first year that the lady bought it, but it lost it because she has homestead exemption in her home in Doral, so that house now is free, no homestead exemption, and it has a lien that is running. I think two month ago, it was $14, 000, but it's at the tune of 250 because they have not comply. They have -- the only thing they did is they pick up -- they were cited four times. They pick up some trash in the front of the property, but still, there's open case for construction without permit, illegal units, boarding house, the works, so there is another one on 21st Terrace, same story. I'm not going to bore you with detail. There is another one on 18 Avenue and 21 st Terrace, running lien of more than $200, 000, so these are the horror stories that we have in the City. People that live in the Gables and Doral, they just buy an investment, and it's very easy. I mean, it's -- you get the rent, $500 for a room, sometime without a bathroom, you know, a common bathroom, and people are paying because every day rentals are more difficult to find in Miami -Dade County, so what is the solution? Well, the State of Florida Statute says you cannot do anything with a house that has homestead exemption. The person can have a lien for $3 million and you will never be able to challenge that in court, but there are cases -- andl -- we have done a search -- throughout the state of Florida where cities have taken over properties not commercial, mind you; houses. The City ofMiami Page 113 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 only thing we need to understand is what kind of loans they have, what kind of mortgage they have, if we have to be on the first or the second position, but still, we can always negotiate with the bank or the mortgage, and maybe with Miami -Dade County because that same house owes taxes to Miami -Dade County, and remember, at the third year, you're gone. They're going to sell your taxes on an auction at the steps of the courthouse, so I'm trying to -- and I understand Commissioner Sarnoff have been all over the Lerner building because it's a same story, and the Lerner building is the cancer of downtown, but that house on 16th Terrace is the cancer of Coral Gate, a neighborhood that doesn't have to endure seven or eight people fighting, cursing at the residents, parking their trucks all over the sidewalk and destroying, you know, the landscaping of the other people, and you know, they cannot call the police every time that somebody curse or challenge a resident. We need to go to the root, and the root is to take over that house, very simple, and you know, if we do one -- if we only do one, we will be sending a message that we don't like, we don't want, and we have the resources to take over a property if that property is in violation of every, every Code page of the City ofMiami because that property is. They have everything from, you know, the yard trash, whatever, illegal, no permit, everything, the works, so this will be, I guess, a task for the City Attorney to march into court after -- I will say -- andl know that you going to be cautious and say, well, we just need to find out how much is the loan because we don't have the money to find the loan, but I'll tell you what happened on 19th Street before you came here. On 19th Street and 24th Avenue, a block from my house, there was a house that had homestead exemption, but had seven illegal units, and it became a nuisance, and the City ofMiami, at my urging, about four years ago, took that property to court, and the judge said to the resident, well, you know what? You have 30 days to demolish every illegal unit, every one of those illegal units, and if you don't do this in 30 days, I'm going to take over your home, said the judge. Well, the result was like two dump trucks full of debris. The resident complain -- the resident comply and complain, but comply, and he's still living there, no illegal units. He still own his house, so if we can only get the people to demolish the illegal units, we should be happy. I mean, if they want to rent the house to a family, you know, a three -bedroom house to a family with two kids, fine. You know, the market is like thirteen hundred a month on that kind of house on that kind of area, but what we cannot do is keep wondering if we should or we shouldn't -- if we have the money to assume the mortgage or if we don't have the manpower to follow through in the court system or to be challenge by suit, so that's -- that is what it is, Mr. Chairman. It is -- I think it's -- if we do just one, residential, it will be shock therapy, and shock therapy is the only thing that works for people who don't want to listen. Chairman Gonzalez: And let me tell you. That's an epidemic in every neighborhood. Commissioner Regalado: Yeah, but -- Chairman Gonzalez: It's in every neighborhood. Commissioner Regalado: It is, it is, but can tell --I can take you, Chairman -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- to that -- you will see. I mean, you will go to that block and you say, that's a problem house. Chairman Gonzalez: Yeah, yeah. Commissioner Regalado: Out of the -- you will pick it as we turn the street. You will say, that's a problem house, and -- Chairman Gonzalez: So we need to get on it. We need to get on it. Commissioner Sarnoff You know, Mr. Chairman, when I first came on board here, I think the City ofMiami Page 114 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 first time -- one of the first meetings we had was a sit-down on enforcing and bringing to the court the liens. We learned some liens were not recorded. We learned that there were some liens that now, from the future, will always be recorded. You know, we have three options to fix what -- when we go to a building, we say, this is an eyesore. How could it be in the City of Miami? We have Nuisance Abatement, which we don't use enough. We have Unsafe Structure, we don't use enough -- Chairman Gonzalez: We don't use enough. Commissioner Sarnoff -- and Code Enforcement Board, all due respect, I've never really seen it used yet. We've had meeting after meeting after meeting. To my surprise, two things happened today. One, after four years, a crack house on Thomas Avenue was scheduled to be demolished at 9: 30 this morning. I hope it happened. I wasn't there to see it happen. I was sorry that -- actually, I was a little bit sorry that we had to have a Commission meeting on a Tuesday. I think it happened. I'm hoping it happened. Pedro G. Hernandez (City Manager): I'm trying to get an update on that because I'm looking forward -- Commissioner Sarnoff I bet you're -- Mr. Hernandez: -- to that. Commissioner Sarnoff -- interested too. Two, Lerner Building. The Lerner building has a tortured history. I think it might have been the first conversation the City Manager andl ever had together, andl think, to his own shock, andl think maybe even to the CityAttorney's shock, the Lerner building is still standing. Now I know a lot of things have happened, andl know the history of the Lerner building. I keep a file on it. Tomorrow, you're scheduled to file a lawsuit on the Lerner building, only because even the City Attorney is sick and tired of hearing "we're going to do this" and "we're going to do that." Oh, we just found out the water was a little dirty, so we got to do this, and we got to do that. The point is the Lerner building has been closed for 17 years, 17 years. It -- you know, I've met so many times in private on this issue with the Manager, with the City Attorney. I think we should form a committee, and I think we should literally -- if this Board wants, I will head that committee. If we don't get a grasp and a grip on how we're going to do away with houses or commercial buildings that are constant Code violators, whether it's through foreclosure, Nuisance Abatement, or Unsafe Structure -- you know, what Commissioner Regalado is saying, whether we purchase these units or not, we create opportunity, and what does that mean? Well -- and I think -- and the City Attorney should pipe up in case I'm wrong. Just suppose there's a first, even a second mortgage holder ahead of us on the lien and we start the foreclosure. That creates a due on sale clause in the first mortgage. That means that they have the right to take over the foreclosure if they choose to. You do know one thing they're going to do. When it comes to auction, they're going to bid their first mortgage, so you know right away if the market's down and we're not doing so well, maybe like right now, maybe the second mortgage holder doesn't bid, maybe the City doesn't bid, but what you've done is you've just lowered the cost of a piece of property. Now you have a first mortgage holder that's only concerned about his mortgage, hundred thousand dollars, whatever it is, and he then goes to sell it. You know what he's looking to do? Get rid of it quickly, and he's going to sell that maybe for eighty cents on the dollar, maybe a hundred cents on the dollar. In a really down market, he's going to sell it for fifty cents on the dollar, and then everybody's going to say, guess what? Opportunity for affordable housing because now you have a piece of property that may -- it only has the mortgage that it had to deal with. It didn't have all this increase in real estate expectations in it. If we sit idly by and don't take these folks to court, we are doing so many disservices to the guy next door that lives through this, to the person passing by everyday that looks at this house, to the visitor that comes to Miami and says, "This is Miami?"; to the people who need affordable housing. This is an opportunity that, I'm sorry, I've still yet to see us City ofMiami Page 115 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 gain fraction and hit the ball out of the park. I don't even know that we're bunting yet. Maybe we're hitting a single here or two, but it's time to start hitting some triples and doubles, and maybe a homerun here and there. A hard policy -- I've said this before -- zero tolerance. Chairman Gonzalez: Zero tolerance. Commissioner Sarnoff I mean, the northeast -- my district, upper northeast, there's -- I couldn't walk 50 feet on Biscayne Boulevard and not find a Code enforcement violation. Couldn't do it. Is that a nice part of the City? I don't know. Is it? It's supposed to be. It's the most exclusive street in Miami, yet, ifI go by the police -- where the police museum is, I could find 30 or 40 Code violations. Yeah, I know. We cite them; they stop; they come back. I'm telling you that when you get $5, 000 in liens, you should go to court. Why? Because watch that first mortgage holder. He's going to say, you didn't do what? I'm either going to intervene, or I'm going to bid my first mortgage, and you've just created affordable housing. This City should have a policy that is so exact, so precise, and so scary that any sophisticated person and any unsophisticated person would say I'm not going to let my property -- Chairman Gonzalez: Yeah. Commissioner Sarnoff -- look like it does, and you know what? People in Miami should have a social contract with each other. Everyone out there should want and desire to be a good neighbor to the person next to them. Each one of us -- you know, we're about to go through a budget, and you're about to see some reductions made, and you're going to see some services possibly limited. Each one of us has a social contract to our next -door neighbor to be a good neighbor, and the only way we can prevent that is through Code enforcement, andl'm telling you, Mr. City Manager, I know you've given some lip service to this. I know you've issued some memorandum to it, but you need to go on camera right now and say the City ofMiami is establishing a new policy of zero tolerance towards Code enforcement; that you'll start from the worst Code enforcement places in the City ofMiami and work your way down, and that's going to be the new policy of the City ofMiami, and when liens get to $5, 000, the City Attorney is authorized to start foreclosure proceedings immediately. That's it. That's the threshold. Mr. Hernandez: Commissioner, you did say that we have taken one step, may not be a grand slam, but I think it's the step in the right direction, that Thomas house -- Thomas Avenue. I'm pursuing a couple of other locations in the City, one building in District 1, another building in the, I think it's near the Overtown area. I'm going to take them down, andl'm pushing on more aggressiveness on foreclosures with the assistance of an attorney that Jorge has dedicated to us, so yes, the numbers are not good today, but I'm committed to making these happen, even if we have to go through the court process, which I think is the only way to get it done. I'm pushing foreclosures, and if we need more money in order for us to be effective there, I'll come to you and ask for it, but think that we have -- today maybe is a good day in the sense that we have taken one step and this is -- has to be just the beginning. Commissioner Sarnoff I think the Chief of Police would probably tell you for every dollar you spend in Code enforcement, might be fifty cents saved in police -- Mr. Hernandez: There's a direct -- Commissioner Sarnoff -- because a broken window only breeds crime. Mr. Hernandez: -- correlation between the illegal dumping, the boarded up homes and crime, no question. Chairman Gonzalez: All right. City ofMiami Page 116 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: But whoa, whoa. Chairman Gonzalez: D4.4. Commissioner Regalado: We're not done here. That's his building. That's your commitment. What about the house in 16 Terrace? What are we going to do next week? Mr. Hernandez: Commissioner, it will be as high as any of the other commitments. Commissioner Regalado: No, no, no, no, no, no, no. That house -- I remember for years ago I did a motion, and it was approved, directing the City Attorney to go to court immediately and challenge the illegal units and what it is -- but court, not Code enforcement, not special master, court, court, court, so you know, I think it's great that we have the commitment from the Manager, but we need a wakeup call, zoom, not a commitment of what we going to do, so -- Chairman Gonzalez: All right. Can we -- Commissioner Regalado: -- here's the thing. Chairman Gonzalez: -- make a commitment with the Commissioner -- Mr. Hernandez: We'll -- Chairman Gonzalez: -- so we can move forward? Commissioner Regalado: I would -- Mr. Hernandez: -- move forward to foreclose on that property. Commissioner Regalado: -- proffer a motion directing the City Attorney to go to court and file suit against the property owner of that particular house on Southwest 16th Terrace as soon as possible and following the pattern of the suit that the City successfully won several years ago on the house with similar Code enforcement violation on Southwest 19 Street. Chairman Gonzalez: All right. We have a -- Commissioner Sarnoff Second -- Chairman Gonzalez: -- motion. Is there -- Commissioner Sarnoff -- the motion. Chairman Gonzalez: -- a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Regalado: Thank you, Mr. Chairman. Chairman Gonzalez: Motion carries. D4.3 07-01086 DISCUSSION ITEM City ofMiami Page 117 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 DISCUSSION ABOUT ACTIVATING THE NUISANCE ABATEMENT BOARD TO FOCUS ON HOUSES AND BUSINESSES THAT HAVE REQUIRED ADDITIONAL PRESENCE FROM THE MIAMI POLICE DEPARTMENT. 07-01086 Cover Memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez absent, to combine the resources of the Administration and the City Attorney to bring more cases before the Nuisance Abatement Board. Commissioner Regalado: The other has to do with this. Actually, it's very interesting what Commissioner Sarnoff said that, you know, for every dollar you spend, you get $50 [sic] in -- from the police budget reduce in terms on expenses. I think that is true. I think it is true, so here's the story. The Miami Herald, Thursday, August 9, 2007, prominent display on the Local Section of the Miami Herald "Sisters Charge with Robbing Widow." Two sister rob a 79-year-old widow of her rent money, but the plan was foil when one of the sister cash the widow's money orders using her own name, Coral Gables Police said Tuesday, so one -- why I am reading this? Well, because for two years, the residents of Southwest 13 Street and 36 -- between 35 and 36Avenue have been complaining about a house that has become a nuisance because they need to call the police like everyday, and that house has two sister that invite people to party or something or -- and some people even claim that there's drug dealings going on around the house or in front of the house, or whatever. These are the two sisters that live in that house, and they've been complaining and complaining and complaining because these -- Commissioner, these two women, these two sister, you know, they creating a problem. Oh, they were arrested by the police in Coral Gables, hopefully. They call -- I think they call them like Bonnie and Bonnie instead of Bonnie and Clyde, so this is a nuisance. What is a nuisance for the Nuisance Abatement Board to act? I think it needs to have three calls -- three visits from the Police Department. Now the Nuisance Abatement Board have not been meeting like forever. They -- I was told that they met -- Pedro G. Hernandez (City Manager): Twice this year. Commissioner Regalado: -- July, and the members of the board are really eager to work with the Police Department and are really eager to do what they have to do, andl understand that these are residents who really mean well, and of course, as a jury, they want to hammer the violator to the max, and understandable, andl understand that the Administration, or even the Police, may be a little nervous saying, well, you know, we had -- I remember when I first got here in '96 that the Nuisance Abatement Board was dealing with a motel that was a nuisance in Biscayne Boulevard, and they close it down, and the people went to court, and the City lost, and I remember dealing in '97, '98, or 2000, I don't know, with some compensation for the owner, but that was one case. Because of that, the Nuisance Abatement Board had been like a little forgotten in the system, and it is -- maybe sometime it doesn't have a quorum, sometimes there is no interest. Some time there is no issues to discuss, butl think, you know, that quality of life is a paramount need of all the residents, and whatever we can get, whatever help we can get -- and we, this afternoon in the budget process, will be asking for more police officer because this is what it is. More police, that's all that the people ask whenever we go to a meeting. I have a letter here from residents of 12 Street stating that five cars in one night were broken into, one block, which is maybe gang -related, so Mr. City Attorney, my proposal to you is can the City Attorney Office take over the Nuisance Abatement Board and run it because this is legal? This is only legal. This is just getting the police report, bring them to the board, and then, from now on, whatever the board says, it's legal. It's about private property, so my motion is to have the Nuisance Abatement Board go to the direct supervision of the City Attorney's Office. I think it make sense because it has to do -- everything has to do with legal issues, and so -- andl think that maybe -- I don't know if they met, if they're -- I know they met in July. That's all I know, but I don't -- they haven't met for a year, that's for sure, so that would be my motion, Mr. Chairman. City ofMiami Page 118 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: All right. We have a motion. Is there a second to that motion? Commissioner Sarnoff Second for discussion. Chairman Gonzalez: There is a second to the motion. All in favor -- discussion. Commissioner Sarnoff I think he wants to say something. Jorge L. Fernandez (City Attorney): Yeah. Chairman Gonzalez: Yeah. Mr. Fernandez: I certainly do. Again, the -- yes, there is a lot of legal issues that go precisely in the adjudication of it, but preparing the case for the case to go to the Nuisance Abatement Board, a lot of legwork has to be done, and let me just briefly state to you what the protocol is that establish for the nuisance abatement ordinance to be able to take action. To successfully bring a case before the Nuisance Abatement, the City must be able to prove that the property was the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance on more than two occasions within a six-month period. It is totally outside the purview of my office to have -- to do visits to the site, to see whether -- I mean, these are things that the Police Department does. We -- in court, we advocate, we write briefs, we make arguments, we take the proper steps. We argue in front of the nuisance abatement ordinance on behalf of the City, but we are not staffed and it is not our function to do the legwork, just like with -- Commissioner Regalado: Well, but -- Mr. Fernandez: -- Code enforcement. Commissioner Regalado: -- did you say two incidents of sales of drugs in six month? Mr. Fernandez: Yes. Commissioner Regalado: OK. You don't need the Police Department. I'll give it to you. I'm -- I'll tell you where -- how many times the Police Department have been in that house, how many times they have arrested people for selling drugs in that house because the neighbors know, and the reason we get these kind of complaints, the reason that these houses, you know, they are a sore thumb is because the neighbors complain, and everybody -- listen to me. On District 4, most of the people are people that spend a lot of time in their homes, residential, and they know what is going on, and they would tell you how many times the police have been there, how many times people have been arrested, you know, how many times people have been screaming, so that's an easy one. Mr. Fernandez: Well, but there are five other requirements that I need to read for you, and could read all of them to you, but the bottom line, with each of them is that your City Attorney and his office are not equipped, are not trained, are not capable of doing street work, of talking to the neighbors. I mean, we can talk to a neighbor if we need to use a neighbor as a witness in a particular case -- Commissioner Sarnoff Mr. City Attorney, could -- maybe I could refine his request to you. Mr. Fernandez: Yes. Commissioner Sarnoff What if we were to have a police officer assigned to your office to liaise to create the cases? Because you're right, you can't go out there and actually surveil. It City ofMiami Page 119 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 wouldn't be appropriate because you would then become a witness yourself, but what if -- I think what the Commissioner is suggesting is that you have a police officer that's assigned to you, almost like a state attorney of some kind -- I'm just using that as an analogy -- where you would actually then be responsible for filing before the Nuisance Abatement Board so as to ensure that -- Commissioner Regalado's correct -- the filing is done correctly, that the evidence is impeccable, and that there's an excellent chance that the Nuisance Abatement Board would rule that the house either -- whatever has to take place is forfeit, taken down, whatever has to happen. Mr. Fernandez: My preference would be not to have any personnel other than attorneys, members of the Florida Bar work for me and report to me. The way it is, we work very close, like hand in glove, with the Police Department in their carrying out their responsibilities in preparing cases for the nuisance abatement ordinance, but not in a line situation. We're all -- we consider each other staff and we work together. Commissioners [sic] Regalado attention, while I'm very honored by his vote of confidence in my abilities -- because I will aggressively pursue, but I think his attention should be focused to the Administration and to the Police Department, who have the primary responsibility for putting together these cases. Once they're put together and we give all the assistance we can in putting them together, we will prosecute aggressively, but putting the case together, be it Code Enforcement, Nuisance Abatement, Unsafe Structure, any of these -- even for us to go to court, the putting together of the basis of each of these cases rests with the Administration. We cannot be doing fieldwork, per se. Commissioner Regalado: Listen -- Chairman Gonzalez: All right. Why don't you -- I guess -- because here -- we're not going to solve this problem here this morning. I believe that you should meet with Commissioner Regalado, and maybe somebody from the Police Department, and elaborate a system because there has to be a system that works. Commissioner Regalado: But -- Chairman Gonzalez: I mean -- Commissioner Regalado: -- we're not inventing the wheel here. Chairman Gonzalez: Exactly -- Commissioner Regalado: The system exists. They -- Chairman Gonzalez: -- and do you mean -- Commissioner Regalado: -- we just have to work -- Pedro G. Hernandez (City Manager): Yes. Commissioner Regalado: -- with it. Mr. Hernandez: Commissioner, the system does exist in the fact that the Police Department, I understand, has been to that property like 14 times, maybe over the last year, so -- Commissioner Regalado: Well, see. Mr. Hernandez: -- obviously -- Commissioner Regalado: See -- City ofMiami Page 120 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Hernandez: -- the police -- Commissioner Regalado: -- that's my point. Mr. Hernandez: -- has -- Commissioner Regalado: See -- Mr. Hernandez: -- to connect with -- Commissioner Regalado: -- let me tell you this. Mr. Hernandez: Yeah. Commissioner Regalado: Let me tell you this. It's very simple. We maybe think that we're placing a burden on the Police Department by asking them to do paperwork about that particular house or any other house, but the deputy chief will tell you and the Mayor from the south will tell you that that house consumes hours and hours and hours of police work because it's the neighbors continuously calling that house that has the problem, you know. It has become a daily routine of calling the Police Department and not -- for not a good reason. It's disturbances, drugs, selling stolen goods, and other of the six issues that needs to -- so if we have done something like two years ago, the police would have had one officer free during every night not to go to that house, and that is my point. My point is that the board needs to meet, and you know, the reason that I ask the City Attorney is because after the board hears, then it's all legal work, it's all filing stuff so this is nothing new. There is no new system to be discover. Everything -- I would tell you that we know of houses that fall into that category for the dozens in the City ofMiami, andl think we should do -- I just think that it helps the quality of life to do this. Commissioner Spence -Jones: Mr. Chairman. Mr. Hernandez: There is no question that the police -- I'm sorry. The Police Department, obviously, is doing their work and will continue to do it and provide the cases and the documentation needed for the attorney to pursue it. Commissioner Regalado: But nobody said that the police is not doing their work. Mr. Hernandez: No, no. They -- Commissioner Regalado: The police is doing the work -- Mr. Hernandez: -- will provide the documentation. Commissioner Regalado: -- because every time that they call, they go there, but the point is -- Commissioner Spence -Jones: What happens next. Commissioner Regalado: -- that they should be not going there. The point is that these people should be evicted. These people -- the house should be declared a nuisance. If they own the house, well, then, you know, we should go after them. If they don't own the house, then we should go after the owners, so no one is saying that the police is not doing. Actually, the police is doing what they need to do. They go there every time that they call, but you know, it's a -- Chairman Gonzalez: I -- City ofMiami Page 121 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: -- I mean, it's a, you know -- Chairman Gonzalez: -- do have a question. You mean to tell me that the only way that we can take someone to the Nuisance and [sic] Abatement Board is if they're selling drugs? Commissioner Spence -Jones: No. Commissioner Regalado: No Mr. Fernandez: Well -- no. Mr. Hernandez: No. Mr. Fernandez: There -- you know, simply put, we need to be successful in front of the nuisance abatement ordinance. We need three documented incidents of the sale or delivery of narcotics. We need one documented incident of the sale and two documented incidents of possession of narcotics, or we need three documented incidents of prosfitution, or we need three documented incidents of dealing in stolen property at the property at that address, so it's a combination of those factors. Chairman Gonzalez: What about disorderly conduct, drinking in public; those things don't count for nuisance abatement? Commissioner Regalado: They do. Mr. Fernandez: They do, but you know -- Commissioner Regalado: They do Mr. Fernandez: -- in essence, to prove the case, we need some of these elements -- Chairman Gonzalez: Because -- Mr. Fernandez: -- as essential. Chairman Gonzalez: -- you're also -- you know, you're only focusing on drug sales and prostitution and -- but there are a lot of problems that affect the quality of life of the neighborhoods. When you have a house, for example, where they constantly drinking in public, creating -- Commissioner Spence -Jones: Loud music. Chairman Gonzalez: Huh? Commissioner Spence -Jones: Loud music. Chairman Gonzalez: -- loud music, you know, many instances that really upset the entire neighborhood and destroy the quality of life of the other neighbors -- Mr. Fernandez: No. Nuisance -- Chairman Gonzalez: -- and they should -- Mr. Fernandez: -- abatement -- our nuisance abatement ordinance is patterned after the statutory authority we get from the State of Florida, and there we're limited to dealing with these City ofMiami Page 122 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 crimes. We cannot, you know -- vagrancies, other types of disruption to the quality of life in the neighborhood are not the proper subject matter for nuisance abatement. Commissioner Spence -Jones: And what about gambling? Is that -- does that --? Mr. Fernandez: Gambling, I need to read the state statute, but I don't think the state statute specifically addresses gambling. That's other illegal activities. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman, I just want to add on this, andl know we need to get off this to take break. I definitely agree with andl want to commend Commissioner Regalado for even bringing this up a issue, and Commissioner -- Chairman mentioned, you know, this is happening in all of our districts, so we -- we're constantly being -- getting complaints at all time. It's not a black issue, white issue, or Hispanic issue. It's just an issue that constantly happens, and a lot of times, our residents and our constituents are always complaining that there's nothing being done. I mean, I have a house right around the corner from my house and it is an abandoned structure, and basically, it's a drug den, and you know, all kinds of illegal activities have happened, and you know, steps have been taken, but nothing has been actually done, so I commend Commissioner Regalado, and I'm hoping that the City Manager will, you know, push very hard to put -- andl think we might need to look at what other cities are doing, best practices around this issue because, you know, obviously something we're doing is not really working, so it's not just about where is this going to -- who is it going to sit with, andl understand the City Attorney doesn't want another thing to have to do, so I understand his -- you know, him -- and he's already overloaded probably with many other things that he has to do, but I think that we need to look at other best practices that other cities are doing or think -- even maybe perhaps even the ordinance. If there's changes that we need to make to that in order to accommodate the end goal, andl think that is the problem -- one of the problems, at least, so I would like for us to look at the whole picture and not just a portion of the picture. Chairman Gonzalez: All right, so Commissioner, you want to make a motion on -- Commissioner Regalado: Yes, I would, but ifI can just have someone from the Nuisance Abatement Board for so many years tell you something, I think it would give you more information to make decisions in the future. Mr. Valledor, good morning -- or good afternoon, I guess. Good night. I don't know. Robert Valledor: Good morning, or good afternoon. My name is Bob Valledor. I'm chairman of the Nuisance Abatement Board, and I've been a long-time member of the board, and so far you all have conceded or agreed to reappoint me every time, andl happen to be here on a separate matter with a friend trying to get a passport, andl heard you speaking about nuisance and it just got my attention. The Nuisance Abatement Board ordinance does work. We do have cases that come before us. In fact, we have another two coming up on Monday, and Commissioner, one is in your district and one is -- I can't remember -- I think, in your district. Commissioner Spence -Jones: OK. Mr. Valledor: The thing that we're -- that we've noticed, we've had a case before on a motel, and it was City ofMiami versus Keshbro, and we had a case where we closed down the motel, and then -- but we had to do it in stages, and it took about four or six months to do that, and I understand that the police became very frustrated with us and they wanted us to close it down right away. Unfortunately, it was -- it would have been called as an economic taking, and we were able to show that it was not an economic taking, that the drug activity was inter -- (UNINTELLIGIBLE) interwoven -- intrinsically interwoven with the operation of the motel. We went all the way to the Supreme Court and won our case for the City ofMiami in the Florida City ofMiami Page 123 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Supreme Court. City of Saint Petersburg brought a similar case and they lost theirs, so we did it the right way; they did it the wrong way. Unfortunately, after that, because it took so long -- and it took about a year later -- I think the police said, well, there's other methods that they can do. They can arrest the people, throw them in jail, get them out of here, andl think that has been working for a while, but I'm not sure why we've had a decrease in the number of cases. I think sometimes it's -- they're tired. They come out here. It's the NRO (Neighborhood Resource Officer) that's got to do it, and we have the cases out here at night, andl'm thinking that maybe they're a little tired and it's just human nature, and also, sometimes we can't do and be as hard as some people would like us to be, just because of the statutes and the law, but I'll be glad to answer any other questions you may have. Commissioner Regalado: Well, thank you. I think, Bob, it's important what you done, and you've been there like forever, and you have experience, andl think that if the City is able to bring you cases, you guys can do it -- Mr. Valledor: Oh, yeah. Commissioner Regalado: -- andl just think that we need to use all resources, Code Enforcement, Nuisance Abatement, because if we don't do it aggressively, they going to keep using the City to make money and live somewhere else, and that is wrong, andl'm talking about residential, not -- Mr. Valledor: Oh, I understand. Commissioner Regalado: -- commercial, so -- Chairman Gonzalez: All right. Commissioner Regalado: -- thank you. Mr. Valledor: No, thank you. Chairman Gonzalez: You have a motion? Commissioner Regalado: The motion is to convene -- Chairman Gonzalez: Resources so we can start -- Commissioner Regalado: -- resources of the City Attorney and the Administration to bring more cases to the Nuisance Abatement Board and meet regularly, and you know, this will help the police. This is not, in any way, an effort to overwhelm the police with paperwork, but it will help the police. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. D4.4 07-01089 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF FACILITY RENTAL FEES, IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250), FOR THE USE OF THE MIAMI City ofMiami Page 124 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 ROWING CLUB, ON SEPTEMBER 15, 2007, FOR THE OPERATION PEDRO PAN SOCIAL EVENT. 07-01089 Legislation.pdf DEFERRED Chairman Gonzalez: D4.4. Commissioner Regalado: Mr. Chairman, this has been defer, and the reason that it has been defer is because the activity of September 15 has been canceled by Operation Pedro Pan because the founder of Operation Pedro Pan, Elly Chovel, die suddenly in -- here in Miami. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 125 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 NON -AGENDA ITEMS NA.1 07-01156 DISCUSSION ITEM PROCLAMATION OF CONDOLENCE FOR ROBERT INGRAM. 07-01156-Robert Ingram Proclamation.pdf DISCUSSED Direction by Vice Chairman Sanchez to the Administration to direct the Protocol Office to prepare a Proclamation of Condolence for the family ofRobert Ingram. Chairman Gonzalez: Commissioner Sanchez, you're recognized. Vice Chairman Sanchez: Thank you, Mr. Chairman. As a point of privilege, I would, along with my colleagues, ask the Protocols [sic] Office to prepare a proclamation of condolence to the family of Bob Ingram, to be signed by all the Commissioners, and to be presented -- and the Mayor -- to Bob Ingram's family. As we stated, he passed away last year, an individual who -- I'm sorry, last week, I apologize, and he's really an individual who has done so much for our community. Not only was he a mayor of Opa Locka, but he was also a member of the School Board. He was a police officer -- first police officer motor unit, and he's really -- has made our community a better place, so I think it's just and appropriate that this local government recognize his commitment to this community by presenting his family with a proclamation of condolence. NA.2 07-01170 DISCUSSION ITEM BRIEF DISCUSSION REGARDING REQUEST FOR PROPOSALS (RFP) ISSUED FOR TEATRO MARTI. DISCUSSED Vice Chairman Sanchez: Before -- Hector, before you go, could you just give me a stat -- since we're addressing your department -- on the Teatro Marti? Hector Mirabile (Interim Director, Community Development): Yes, sir. Teatro Marti, we had the RFP (Request for Proposals) come back. We -- just recently, we held the meeting regarding the Teatro Marti with three individuals that were going to be reviewing the RFP process. A total of two individual -- two companies were reviewed. One company was selected. Currently, the recommendation -- I'm not announcing that yet because the recommendation from that group, that board is currently being sent by memo form to the Manager for his final review and approval, and once that's done, the individual company will be notified, and then we would be moving forward. That memo should be hitting the Manager today -- the Manager's desk today. Vice Chairman Sanchez: Thank you. Mr. Mirabile: You're welcome, sir. NA.3 07-01176 RESOLUTION OF CONDOLENCE A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF ELISA VILANO CHOVEL UPON HER UNTIMELY DEATH. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 126 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0530 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to direct the City Clerk to prepare a Resolution of Condolence for Elisa Vilano Chovel. Commissioner Regalado: And by the way, I would like the Commission to ask the City Clerk to draft a resolution for the family of Elly Chovel, her daughters and sons -in-laws [sic], of condolences. She was a Miami resident. She did all the activities of Pedro Pan Group in the City ofMiami, and she died last week, and every activity of Pedro Pan Group is being cancel, so my motion is to ask the City Attorney to ask -- to write a condolence letter -- the City Clerk, I'm sorry -- City Clerk to ask a note of condolence to the family of Elly Chovel, the founder of Pedro Pan Group. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.4 07-01166 DISCUSSION ITEM BRIEF DISCUSSION REGARDING POLICE ASSOCIATION POLICY. DISCUSSED Chairman Gonzalez: All right. I got -- I'm going to take this last item before we break to lunch. We're going to break -- Commissioner Spence -Jones: Am I going to be able to do my -- mine? I didn't do my items. Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: I didn't get a chance to do my items, my district items. Chairman Gonzalez: Do you have an item? Commissioner Spence -Jones: I have two, which the first one is regarding the police association policy. I'm going to ask that we not address that right now, Mr. Chairman. We're going to meet at noon or after here to further discuss it with the Manager, and Mr. Manager, are you comfortable with that? Pedro G. Hernandez (City Manager): Yes -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- but I would like to also put on the record the fact that I've been working personally with staff in developing what I think is a good final draft of a policy, and l just transmitted the last copy to all the other interested parties for their comments, but it's important to know that what we have now proposed is quite a departure from what we originally had, andl think it's a very good product that addresses the concerns of this City Commission. City ofMiami Page 127 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: OK, thank you, so we're not going to address it right now. Mr. Chairman, I do want to apologize, but this is something that I did turn into the Manager's Office a while ago, so for my items not to be placed on the agenda -- Chairman Gonzalez: Agenda, yeah. Commissioner Spence -Jones: -- yeah. I mean, I did pass -- I did turn the information in, so I just wanted -- Chairman Gonzalez: That's why -- Commissioner Spence -Jones: -- to make sure that we're clear on it. Chairman Gonzalez: -- it got me confused because I didn't see anything on my book. Commissioner Spence -Jones: Yeah. I mean, I definitely turned it in, and then the last -- so we'll -- we will not address the first one. NA.5 07-01165 DISCUSSION ITEM DISCUSSION REGARDING THE STATUS OF PENDING LEGISLATION REGARDING ILLEGAL SIGNAGE IN THE CITY OF MIAMI. DISCUSSED Commissioner Spence -Jones: The second one, which is the issue that -- I guess, me and Commissioner Sarnoff has been talking about for a while now, which is the illegal signage, the bills, the posters that are like inundating every neighborhood with these illegal signs, andl know Code Enforcement has been trying to address it, but I just want to get an update as to where we are and what's the next steps. Mariano Loret de Mola: Yes. Loret de Mola, Code Enforcement director. We been working -- the Code Enforcement and the Law Department has been working in two ordinance, and originally, as recommended by all of you, we look into different ordinance from different cities, and none of them really fit what we needed, so we went back and start putting together our own ordinance, and hopefully -- we got it draft already, and hopefully, by -- in October, we will bring it up in front of the -- andl will be discussing the ordinance with all of you -- Commissioner Spence -Jones: Thankyou, Mariano. Mr. Loret de Mola: -- before I bring it over here. Commissioner Spence -Jones: Thankyou. Sorry, Mr. Chairman. NA.6 07-01164 DISCUSSION ITEM REQUEST BY THE MIAMI FRATERNAL ORDER OF POLICE TO IMPANEL AN OVERSIGHT COMMITTEE TO REVIEW THE CRIME STATISTICS REPORTING OF THE CITY OF MIAMI POLICE DEPARTMENT. DISCUSSED Chairman Gonzalez: All right. I have a letter here from the FOP (Fraternal Order of Police). Armando Aguilar is here. Armando, you want to come up to the podium and explain the Commission what you trying to work on and get accomplish here? Armando Aguilar: Good afternoon, Commissioners. Armando Aguilar, president, Miami Fraternal Order of Police, 710 Southwest 12th Avenue. I have made a formal request to the City ofMiami Page 128 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commission to form an oversight committee to look into the allegations that I have made on crime statistics and the way crime statistics are being recorded in the City ofMiami. I think it will be a great conflict of interest to have the Chief and his staff be part of this investigation that's going to start soon. I just spoke to FDLE (Florida Department of Law Enforcement) recently. I know they're going to be starting an investigation, but even now, as we speak, I'm being told that the department is conducting their own assessment of the crime statistics and even changing some of those signals back, and they're even paying analysts overtime to work on this. I think this is improper. I think there should be a committee that has -- and obviously, it's up to you to see what powers they have, but a committee that addresses the issue that reports back to the Commission and not have the chief of Police and deputy chief be part of this investigation in any way, shape, or form because it's clear to me that'll be a conflict of interest. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: All right. Mr. -- Commissioner Sarnoff. Commissioner Sarnoff Is the FDLE investigation an active investigation? Mr. Aguilar: I have a meeting with them tomorrow. We're supposed to meet, andl'm supposed to give them all the details of what's happening so far. As far as I know, that's as far as it's gone, and it's probably going to start by them talking to me, but again, the department is already conducting their own investigation, andl think that's improper. Commissioner Sarnoff My question to you is, if -- let's assume we trust FDLE and FDT,F is going to conduct the investigation. If we appointed a committee, what different powers would the committee have and what abilities would it have to stop, let's say there is a great, big shredder going on as we speak -- andl'm not suggesting that's going on. I mean, what could we do -- Mr. Aguilar: Nor am I. Commissioner Sarnoff -- differently than FDLE? Mr. Aguilar: Well, it's because reports will come back to the Commission, obviously. This investigation might very well take a long time. I want to be able to have at least quarterly reports given to the Commission on what's going on with the investigation so that the Commission is fully aware of everything and not come -- not have it come through -- directly from the Police Department. I don't think FDT,F is going to stand here and give you an update on a quarterly basis, but -- Commissioner Sarnoff So is it -- what you're telling us is that let FDLE conduct the investigation and report back to the committee? Mr. Aguilar: To the committee, as opposed to having the chief of Police report back on the investigation; have some kind of liaison with FDT,F and afford them the opportunity to come back on the investigation as it goes along. Commissioner Sarnoff Yeah. I just want to clam that we're not actually having a committee doing its own investigation. We're just having a buffer between what -- Mr. Aguilar: That is correct. Commissioner Sarnoff -- FDLE -- OK. Mr. Aguilar: That is correct. City ofMiami Page 129 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: Mr. Chairman. Commissioner Regalado: And Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Regalado: -- ifI may. It makes sense, andl remember after the Elian riots in the City of Miami, there was an internal investigation. Internal Affairs was investigating some of the complaints that people file. As a result, we still are in litigation with some people seven years after that, but the Commission at that time created a committee -- Chairman Gonzalez: A blue ribbon committee. Commissioner Regalado: -- a blue ribbon committee to study and to receive information from the people, from even the Police Department, and being sort of a helper to the City Commission and the Mayor and the Manager in terms of the complaints of the Elian riots and the conduct of the Police Department, so I don't think it's nothing wrong with it. I would like to hear what the Chief has to say about it, but I think -- Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Regalado: -- I don't think it has anything wrong to it. Commissioner Spence -Jones: Do you want --? Commissioner Regalado: No, no. Go ahead. I'm done -- Commissioner Spence -Jones: OK. Commissioner Regalado: -- whatever. Commissioner Spence -Jones: I just had a -- two questions real fast. The first question I had -- definitely, I don't have a problem with an oversight board, if that's what the board -- we decide we need to do or want to do, but I wanted to understand why we would not use the Citizens [sic] Investigative Panel to do this. I mean, because -- Mr. City Attorney, I mean, can we --? I mean, that falls within their -- not that have a problem with another oversight board. I think an oversight board is great, but I'm saying, we do have a panel that's put in place that can assist in that matter. Is there any reason why -- that we're not -- that --? Jorge L. Fernandez (City Attorney): We have never had to interpret the powers or the duties of the Civilian Investigative Panel in the context of the issue that's being discussed now, but making quick reference to it, the Civilian Investigative Panel, by Charter, is authorized to conduct independent investigations of police misconduct. Now, if we can then interpret that perhaps doctoring numbers rises to the level of police misconduct, then it would be certainly within the purview of the Civilian Investigative Panel to be charged with this responsibility of monitoring or investigating or getting involved in this type of investigation, so, yes, the bottom line is that the Civilian Investigative Panel could be the instrument that you could use to achieve that. Likewise, I need to remind you that, pursuant to the Charter of the City ofMiami, the Commission may set up its own investigative committee for purposes -- Chairman Gonzalez: I -- Mr. Aguilar: Yeah. City ofMiami Page 130 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: -- personally would like to have an independent body other than the Civilian Investigative Panel on this issue. Mr. Aguilar: Well, Commissioner -- Commissioner Spence -Jones: OK. I just -- Mr. Aguilar: -- ifI may. It is my understanding that even though the Civilian Investigative Panel has investigatory powers, at the end of the day -- and City Attorney, please correct me if I'm wrong -- they can only report back to the chief of Police with a recommendation, so there, again, I would see a conflict. Commissioner Spence -Jones: OK, and -- Mr. Fernandez: No. Commissioner Spence -Jones: -- I just had a question. I just wanted to know the difference between -- Are you responding? Mr. Fernandez: No. Let -- Commissioner Spence -Jones: Because I had a two-part question that want -- Mr. Fernandez: -- me correct that point before you go -- we go any further. Make recommendations to the City Manager -- Commissioner Sarnoff Right. Mr. Fernandez: -- and/or directly to the police chief to which a timely written response shall be received within 30 days, so it is the City Manager -- the -- you know -- Commissioner Spence -Jones: Oh -- Mr. Fernandez: -- the person that receives those report. Commissioner Spence -Jones: -- and again, as I stated before, you know, I'm fine with either or. I just didn't know whether or not -- I didn't want the Citizens [sic] Investigative Panel to feel like they were not even considered in this matter, so that was the reason why I asked the question could they do that, Armando, and then the second part of this question is if this committee is created -- and know right now they're looking into the issues of the statistics and whether or not this is true or not. The question becomes -- and this might be for the City Manager -- what happens if there's additional things or there's something else? Does this committee now take on that responsibility to address any other issues that may arrive or could arrive? Mr. Aguilar: Well, all I'm asking for is on the issue of the statistics. It's up to you if something else -- Commissioner Spence -Jones: No, I'm -- Mr. Aguilar: -- comes up. Commissioner Spence -Jones: -- just asking. Does that become an issue then? Commissioner Sarnoff Well, aren't they only -- aren't we only being asked right now to form a panel or a committee -- City ofMiami Page 131 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: Right. Commissioner Sarnoff -- regarding statistics -- Chairman Gonzalez: Um -hum. Commissioner Sarnoff -- changing of statistics? Mr. Aguilar: Right. Commissioner Sarnoff I mean -- Mr. Aguilar: Correct. Commissioner Sarnoff -- why don't we let the Chief speak because he's been -- Chief John F. Timoney: Thank you very much, Commissioner. John Timoney, chief of Police. I just need to correct the record here. There is nothing going on right now vis-a-vis me or my staff or my direction regarding overtime or fixing something that's broken. That's number one. Number two, I was the one that first called for FDLE. I wrote them a letter right away. When this allegation surfaced to me via the City Manager, I immediately reached out to -- I sent a formal letter to FDT,F requesting FDT,F to come in and look at the books. I have no problem with thousands of oversight committees coming in and looking at the books, so I got no problem with that whatsoever. The only part I want to correct Armando on is that there isn't anything different going on now. There isn't things -- authorized overtime regarding changing codes -- that's not going on. We change codes on a regular basis. There's a system in place, so what's going on now is what was going on a month ago, a year ago, three years ago. That's the only thing I need -- Commissioner Sarnoff Chief let me see -- because I love the way judges used to do this to me. You then are in agreement that you have no problem with a committee being formed? Chief Timoney: Absolutely not, no. Commissioner Sarnoff And let me ask you would you agree with these people for the committee: one person from the Fraternal Order of Police, one designee of your office; the State Attorney's Office, a designee; the Public Defender, a designee, and one person from CIP (Civilian Investigative Panel)? Chief Timoney: That'd be fine with me. Commissioner Sarnoff Would that be a fair group, you would think? Chief Timoney: That would be fine. Commissioner Regalado: Why would you have somebody from the police? Commissioner Sarnoff Well, because you're going to have FOP there. They kind of offset each other. Pedro G. Hernandez (City Manager): It should balance it, yes. Otherwise, it would be -- Mr. Aguilar: I don't have a problem with that, if that's the way you wish it to -- City ofMiami Page 132 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: Oh, I mean -- Mr. Aguilar: (UNINTELLIGIBLE), Commissioner. Commissioner Spence -Jones: Was that the original list that you turned in, Armando? Mr. Aguilar: No, no. I -- Commissioner Spence -Jones: OK. Is there any reason why you chose --? Because there had to be a reason why those names are proffered. I'd like to know why the -- Mr. Aguilar: I proffered some names in the event that the Commission wanted to adhere to any of those names, one of them being a professor in criminology, who has extensive experience -- andl can appoint him as the FOP appointment -- in statistics; several other prominent people in the community that I had named, but it's up to you who you name or how you form the committee. Commissioner Regalado: Well, actually, I think, if the Chief doesn't have a problem, if they don't have a problem with your proposal, we could form the committee officially now here today and ask the different agencies to appoint somebody, the Chief the FOP. We don't have to name names here, at all, and you know, the State Attorney or whatever, the -- and they can start functioning like tomorrow if that is the case. He's going to say no to something, but -- Mr. Fernandez: No. I just want to make sure that -- you may do everything you have talked about. The powers of the committee are delineated in the Charter, so that's clear how to proceed. The only thing that you further need to do before you finalize your thoughts is define the scope that this committee's being charged with -- Commissioner Regalado: Well -- Mr. Fernandez: -- and what you expect at the end of the day to receive from them. Commissioner Regalado: -- but this committee represents -- this committee is like the City Commission investigating a department. This is more or less -- Chairman Gonzalez: Not really. Mr. Hernandez: No. Commissioner Regalado: -- what the powers that we have. Mr. Fernandez: The entire department or just -- Commissioner Sarnoff FDLE's going to be doing -- Mr. Fernandez: -- the issue -- Commissioner Sarnoff -- the investigation. Mr. Fernandez: -- of the -- Chairman Gonzalez: FDLE's going to do the investigation. Mr. Fernandez: -- statistics. City ofMiami Page 133 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Sarnoff They're going to do the -- Commissioner Regalado: Oh, the issue -- but the issue of statistics. Mr. Fernandez: All right, and then once they investigate that -- that's within the powers given in the Charter -- what time period are you giving them to do it? When do -- what do you expect to receive in return? Commissioner Sarnoff Well -- Mr. Fernandez: A written report -- Commissioner Sarnoff -- correct -- Mr. Fernandez: -- a presentation? Commissioner Sarnoff -- right, right. Correct me if I'm wrong. The investigative body, the investigative arm -- Commissioner Regalado: Is FDLE. Commissioner Sarnoff -- the one that's going to go twisting the Chiefs arm and banging down his door is going to be FDLE, right? Commissioner Regalado: Right. Commissioner Sarnoff Those are the strong arm guys. They're going to be creating a statistics of some informa -- they're going to create a body of information. We're then going to ask this committee to assimilate this information and form conclusions and make recommendations. Everybody agree with that? Chairman Gonzalez: Yeah. Commissioner Sarnoff Because we're not going to do it -- Chairman Gonzalez: And report to us. Mr. Fernandez: Well -- Commissioner Sarnoff -- and report to us. Mr. Hernandez: But in essence, Commissioner, this is not an investigative -- Commissioner Spence -Jones: Yeah. Mr. Hernandez: -- panel. It's not. Chairman Gonzalez: No, it's not. Commissioner Sarnoff Correct. It's an -- Mr. Hernandez: The FDT,F is the one that would be doing -- Commissioner Sarnoff Correct. City ofMiami Page 134 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Hernandez: -- the investigation. Chairman Gonzalez: Right. Commissioner Sarnoff Correct. Mr. Hernandez: They will be listening to their recommendations or to the report and then forming, evaluating, forming an opinion and advising you. Mr. Fernandez: No. Mr. Hernandez: No? Commissioner Sarnoff Yeah. They're going to take the body of evidence created by FDLE, and they're going to create their own analysis. They're going to create findings, conclusions and report to us. Mr. Fernandez: All right. Sony. This is one of the few times that you, as a Commission, have done this, so you need to struggle with me to make sure that you and and everyone else understand what's happening. The Charter says the City Commission may investigate or create a committee to investigate the official -- Chairman Gonzalez: We don't -- Mr. Fernandez: -- acts -- Chairman Gonzalez: -- but that's the problem. We don't want to investigate anything. FDLE is going to investigate. We're going to have a body that is going to work between FDT,F and us. It's going to stand here and inform us of the investigation of the FDLE. We're not appointing anybody to do -- Mr. Fernandez: To investigate. Chairman Gonzalez: -- to investigate the Police Department. Mr. Fernandez: All right -- Chairman Gonzalez: Let's be clear on that. Mr. Fernandez: -- so you're creating this committee for this committee to receive the results of the investigation of the FDT,F -- Chairman Gonzalez: And report them to us. Mr. Fernandez: -- and report it to you? Chairman Gonzalez: Periodically. You know, whatever -- Mr. Aguilar: Well, I -- what I -- when you say the results, I'm sure that, periodically, they're going to have some comments or some suggestions or -- Commissioner Regalado: Of course. Chairman Gonzalez: Exactly. City ofMiami Page 135 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Aguilar: -- maybe have a need to look in different places. I want to be able to have that committee have the power or give that access or to at least get back and report back to the Commissioners that something's going on that maybe they're being obstructed from doing something or that -- in case anything happens that is not above board, I want the committee to immediately be able to report back to the Commission and have FDLE bring whatever problems come out to that committee. Chairman Gonzalez: OK. You got the -- it's not an investigative panel. It's not -- Mr. Fernandez: Well -- Chairman Gonzalez: -- an investigative group or committee or whatever. It's just going to -- Mr. Aguilar: It's more a liaison with FDLE. Mr. Fernandez: Right. Chairman Gonzalez: Right. Mr. Fernandez: The -- again, keep in mind, the Commission has limited powers given the form of government that we have in the City ofMiami. I am going to the Charter, and I'm providing you the opportunity -- limited opportunity the Charter gives you to create a committee to investigate. Now, if you want to avail yourself of the option that the Charter gives you, then I must force you into the straitjacket of what the Charter provides and how it provides it. Absence your ability to do that or willingness, then I must advise you that, given the nature of your government, you may be interfering with the powers of the City Manager to run the Police Department. Commissioner Sarnoff Well, Mr. City -- Commissioner Regalado: No, no, no. Commissioner Sarnoff -- Attorney -- wait, wait, wait, wait. Let me just say this. Mr. Fernandez: All right. Commissioner Sarnoff Would you not agree that we could delegate from the committee -- 'cause we're allowed to form the committee -- we could delegate that FDLE will be the investigative body? The report and the recommendations of that body can be reported back to this Commission. Mr. Fernandez: Well, what the -- Commissioner Sarnoff Am I right? Just one at a time. Can we delegate -- let's call it -- well, let's not call it anything yet -- the committee. Can we delegate the committee, use FDT,F as the investigative arm? Mr. Fernandez: You've empowered -- you've created a committee pursuant to the Charter. If that committee delegates the -- I don't see the ability to delegate. The creation of a committee is to investigate by that committee, and you presume that we may tell FDT,F what to do and how they report and to whom they report. FDLE really does not much care about what you're doing today. They're conducting their investigation, and they're doing everything their way. You're creating a committee to investigate. If you don't create a committee to investigate, then my advice to you is that the City Manager has the power to control the Police Department and any misconduct in the Police Department otherwise. You may be interfering with the ability of the City ofMiami Page 136 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 City Manager, under the Charter, to run the affairs of the Police Department. Commissioner Spence -Jones: Mr. -- Commissioner Regalado: Don't we have powers of subpoena as a body? Mr. Fernandez: OK. The Commission -- Commissioner Regalado: Yes or no? Mr. Fernandez: Yes. Yes, you do. Commissioner Regalado: OK. Chairman Gonzalez: Yes, we do. Commissioner Regalado: Don't -- Mr. Fernandez: This Commission does. Commissioner Regalado: -- do -- don't we have powers --? Suppose that the City Manager today -- because he said last week that he was going to do it this week -- announces his decision regarding the ethics probe on Chief Timoney. The Charter says that he, the City Manager, needs to come to the City Commission within five days for the City Commission to act as a court. Actually, the Code -- the Charter says that the City Commission has power to override the Manager in the case of the chief of Police and in the case of the chief of the Fire Department. Is that correct? If the Manager -- Mr. Fernandez: Yes. Commissioner Regalado: -- were to fire -- Mr. Fernandez: Yes. Commissioner Regalado: -- or keep the chief of Police -- Mr. Fernandez: Well, it's -- Commissioner Regalado: -- the City Commission has the power to sit as a court and override the Manager -- Mr. Fernandez: Well -- Commissioner Regalado: -- on the chief and on the chief of -- Mr. Fernandez: -- OK -- Commissioner Regalado: -- Fire? Mr. Fernandez: -- shifting topics for a moment -- Commissioner Regalado: No. It's not shifting topics. Mr. Fernandez: Well -- City ofMiami Page 137 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Regalado: You just said that we may be interfering with the Manager in his way to handle the Police Department. I'm just saying that if the Manager were to announce today -- Are you going to announce this week? Mr. Hernandez: No, sir. Commissioner Regalado: OK. Mr. Hernandez: No, sir. Commissioner Regalado: Because you said last week that you will be doing this this week. Mr. Hernandez: I don't know if -- Commissioner Regalado: I'm sorry? Mr. Hernandez: Maybe that may be an interpretation by others. I'm not sure of that. What know -- maybe to put the -- you know, something on the record and get this straight -- is that I did ask personally for the Commission on Ethics to investigate the issue of the SUV (Sport Utility Vehicle) and the use by the Manager [sic] of that vehicle for like a year. The -- last week, on Thursday, the chief of Police voluntarily went before a group of investigators from the Commission on Ethics, andl understand that they're pursuing their investigation very actively, so based on that, I'm going to hold back and allow them time to be able to complete their investigation, unless we're dealing with an amount of time that I would consider untenable. However, at this point in time, I think it would only be fair and prudent, without acting in haste, to allow the Commission on Ethics, who's now moving on this item, to do their investigation. Commissioner Regalado: Oh, the reason I ask is because you said in my program -- I remember what you said and remember what you said in my program that you would rather not wait for the Ethics Commission to render a judgment and you would probably -- I ask that because this is what you said on my TV (television) program -- Chairman Gonzalez: All right. Let's -- Commissioner Regalado: -- but anyway -- Chairman Gonzalez: -- go back to the -- Commissioner Regalado: -- but going back, the reason I brought this up is because of the powers of the Commission regarding the chief of Police and regarding the chief of the Fire Department. Any sanction, any decision that the Manager will make, according to the Charter, can be discuss and voted by the City Commission. Mr. Fernandez: Well, let me read the Charter -- Commissioner Regalado: OK. Mr. Fernandez: -- to make sure that we understand what the Charter says. It's a very short section, Section 26. The City Manager shall have the exclusive right to suspend the chief of Police and the Fire chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. If either of such chiefs be so suspended, the City Manager shall forthwith certf the fact together with the cause of suspension to the Commission, who, within five days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall be final. That -- all of that presupposes that there is a suspension. If there is no suspension, City ofMiami Page 138 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 there is -- Chairman Gonzalez: But -- Mr. Fernandez: -- no hearing to be taken place. Chairman Gonzalez: -- Mr. City Attorney, we -- Commissioner Regalado: Well -- Chairman Gonzalez: -- would -- but we -- Commissioner Regalado: Hello. I just -- Chairman Gonzalez: Wait, wait, wait. Commissioner Regalado: -- said that. Chairman Gonzalez: Wait, wait, wait, wait. Wait a minute. We started talking about creating a panel, and now you end up firing the Police chief -- Mr. Fernandez: No, no, no, no. Chairman Gonzalez: -- and bringing him back to the Commission. I mean, I don't know what one thing has to do with another one. Commissioner Regalado: Or just suspending him. Chairman Gonzalez: We need to conclude, or we're going to be here until tomorrow debating the creation of a committee that can work with FDT,F and this Commission to report to the Commission. Is that legal? Can that be done, yes or no? If not, it's finished The end of the subject. I mean, we're going to be here talking -- we're going in circles, man. Mr. Fernandez: This -- Chairman Gonzalez: What is this? Mr. Fernandez: I only read that section because Commissioner Regalado made reference to it. Otherwise, I would have never changed subjects on you. Chairman Gonzalez: All right. Mr. Fernandez: With regard to the committee, yes, you may create a committee -- Chairman Gonzalez: OK. Mr. Fernandez: -- but be clear that the committee you create is a committee that has full investigatory powers, and pursuant to the Charter, the committee -- Commissioner Sarnoff Do we have the authority to tell the committee that its investigative authorities are delegated to FDLE? Because I have trouble believing we cannot do that. I have trouble believing a committee that we govern -- Chairman Gonzalez: Me neither. City ofMiami Page 139 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Sarnoff -- we can't tell them use FDLE. Everybody's in agreement on this procedure. Chairman Gonzalez: Let me put -- Commissioner Sarnoff The chief of Police is here. Chairman Gonzalez: -- it another way. Can each one of us have a person appointed to work with FDLE and provide us the information periodically on how the investigation is going? Do we have -- can I have someone from my staff -- can I have Frank Castaneda now sit on a meeting with FDLE and bring me back information on how the investigation is going? Commissioner Regalado: No. Mr. Fernandez: My opinion would be no. Chairman Gonzalez: No? Commissioner Regalado: No. Mr. Fernandez: No, not pursuant to the Charter. Chairman Gonzalez: Then we can have a committee. I mean, if we need to have a committee to Commissioner Regalado: Yes, we could. Chairman Gonzalez: -- investigate -- Commissioner Regalado: Yes, we could. Mr. Aguilar: Well, under -- Mr. Fernandez: Well -- Mr. Aguilar: -- Section 14 of the Charter, it does say you have the powers to form a committee and to investigate. Correct me again, if I'm wrong. You're the attorney. Mr. Fernandez: That's what we're saying -- Mr. Aguilar: Yeah. Mr. Fernandez: -- to investigate, and -- Chairman Gonzalez: Yeah, but we -- Mr. Fernandez: -- clearly, that's what you're advocating, but that's not what the Commission is coming from. You know, in fairness, Mr. Chairman, Commissioners, this item -- Chairman Gonzalez: No. Mr. Fernandez: -- has been sprung on me. I was not aware that this is an issue -- Chairman Gonzalez: OK. City ofMiami Page 140 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Fernandez: -- you were going to be dealing with today. Chairman Gonzalez: OK, I'll tell you what. You get the item, take the item, OK. We're going to be back at 4: 30 this afternoon -- Mr. Fernandez: OK. Chairman Gonzalez: -- here for the budget hearing. Get your City Charter, get all your attorneys together, and come up with a solution, all right? Mr. Fernandez: All right. Chairman Gonzalez: Because we need to do something about this. Mr. Fernandez: You got it. Commissioner Spence -Jones: Thankyou, Mr. Chairman. Chairman Gonzalez: All right. Thankyou, sir. All right. Let's break for lunch. We'll be back at 4: 30 this afternoon for the budget hearing. Mr. Aguilar: Thankyou, Commissioner. [Later..] Commissioner Regalado: Chairman, we have -- Chairman Gonzalez: Yes. Commissioner Regalado: -- still the issue of the committee, the police -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- so before -- Chairman Gonzalez: Mr. City Attorney, we gave you a directive this morning to find a way for a committee, but I understand the Manager wants to address the item now. Mr. Manager, you're recognized. Mr. Hernandez: Mr. Chairman, if you allow me to go first, and then the attorney, I suppose, can follow up on the legal aspect. I sat here quietly a few hours ago and listened to the concern over the committee, andl have to express to you that my sincere opinion is that a committee is not appropriate for the FDT,F to report to. The FDLE is a law agency, and they will do the job they have to do. If they have somebody to report to, they'll report to the Governor; they'll report to the State Attorney, not to a group of individuals that would form a committee. The Police Department is under the oversight of the City Manager, and any concerns of that department are my concern, and if a group of experts is needed, not to do a criminal investigation, but rather to look at the process, that is something that should be appointed by the Manager, andl believe it's my responsibility to do so to pursue the matter in that fashion, and that's how I recommend that this be done, andl, in essence, ask for your support in proceeding along those lines. Mr. Aguilar: Commissioner, ifI may? Chairman Gonzalez: Go ahead. City ofMiami Page 141 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Aguilar: Armando Aguilar, president, Miami FOP, 710 Southwest 12 Avenue. I am going to be asking the Commission to disregard my request for a committee, andl'm going to be filing a complaint with the Citizens [sic] Investigative Panel. I don't know if we need a motion for that or not. Chairman Gonzalez: You don't need a motion -- Vice Chairman Sanchez: I don't think -- Chairman Gonzalez: -- to file a complaint. You can file a complaint whenever you want to. Commissioner Regalado: But I think -- Vice Chairman Sanchez: Can I --? Commissioner Regalado: -- I would bring a motion in support of the Civilian Investigative Panel to look into the allegations of the FOP, and this is a body that was created by the people ofMiami, so I think that not only they have the -- have been empower by the people, but think we should, after all these discussion that we have today, we have to give them the moral support that the Commission could bring by trusting the CIP in investigating the complaint that would be file by the FOP, and that probably will be similar to the issue -- Chairman Gonzalez: The only concern that I have -- and I don't know -- Mr. City Attorney, maybe you can help me -- if we can have two investigations going on at the same time, having the FDT,F investigating a case and having the Panel interfering with the FDLE investigation. I think that could cause a problem. Maybe after the FDLE completes their investigation, if the union is not happy with the results of the FDT,F investigation, then they might ask for the FD -- for the investigative panel to do their own investigation. Commissioner Spence -Jones: Mr. Chairman, can I ask a quick question? I do know that we do have the Citizens [sic] Investigative Panel here, Ms. Shapiro, and we respect all the great work that she's done with the Panel. I'm not really sure whether or not -- I mean, that was the original suggestion. That's why I asked the question instead of forming a whole new group just to use what we already have in place, andl'm glad Commissioner Regalado brought it back up once again, but can we -- Bren -- Ms. Shapiro, could you -- can you please speak on how you could assist in this manner or the Panel, itself could assist in this particular manner? And has there ever been a situation where the Panel, itself -- where there was an investigation going on at one particular time they were involved in somehow? Brenda Shapiro: Well, the investigations that we conduct arise out of a complaint filed with us. The FOP wants to file a complaint with the Panel, they'd certainly do that -- Commissioner Spence -Jones: OK. Ms. Shapiro: -- and we begin an investigation. If there's a criminal investigation underway, which I don't believe there is -- Commissioner Spence -Jones: OK. Ms. Shapiro: -- I think the FDLE is empowered to investigate questions about policies, procedures, and reporting of crime. I think that's what they've been asked to investigate. Commissioner Spence -Jones: OK. Ms. Shapiro: There's no -- as long as there's not a criminal investigation underway -- City ofMiami Page 142 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: OK. Ms. Shapiro: -- there's nothing that prevents the Panel from conducting an investigation, and we have the staff and the willingness to do that. I don't see it as a simultaneous process. We serve the citizens of the City of Miami. We serve the City Manager. We serve the Commission, and we make recommendations of policy and procedure to the chief through the City Manager all the time. Commissioner Spence -Jones: So is it your recommendation and your thought that you don't really see an issue with it happening or the -- does -- is the process -- first, can we give you a recommendation, or does it have to be -- FOP has to come in front -- we can give you the recommendation? Ms. Shapiro: You can request an investigation from us. The FOP can file a complaint with us. Anyone can file a complaint with the Citizens [sic] -- Commissioner Spence -Jones: OK, so if we wanted to do it -- Ms. Shapiro: -- Investigative Panel. If you wanted to charge us with that responsibility, of course, you could do that. You respond to the citizens of the City ofMiami, who asked you to create us. Commissioner Sarnoff Wouldn't -- let me just say this. Mr. City Attorney, wouldn't we be better suited as a Commission to not do that and to just allow the complaint to go through a process that's already Charter -approved and really refrain from giving any recommendations at this point? Mr. Fernandez: That would -- I would concur with that. Vice Chairman Sanchez: That's it. Thank you. They could file the complaint. Commissioner Regalado: And the reason and for what is? Commissioner Sarnoff Because I think it shows -- I think, if we just -- we could -- any one of us, if I'm not mistaken, could go down to the -- see the CIP and -- Ms. Shapiro: That's correct. Commissioner Sarnoff -- file a complaint, and -- Vice Chairman Sanchez: Anyone. Commissioner Sarnoff -- anybody here sitting up here wants to do it, I encourage them to do it, but -- Ms. Shapiro: Anyone in this room. Commissioner Sarnoff -- right, but I think, if we do it as a Commission, we're actually kind of sending a message that I don't know that we should send, which is, you know, maybe we feel something's gone on. I -- if the process is already in place and Armando said he's already going to do it -- Commissioner Regalado: I don't have a -- the only thing that I don't understand is that in the morning, we were about to vote -- City ofMiami Page 143 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: On a committee -- Commissioner Regalado: -- in creating an -- Commissioner Spence -Jones: -- a panel -- Commissioner Regalado: -- independent committee -- Commissioner Spence -Jones: -- which -- Commissioner Regalado: -- and now we have the -- Chairman Gonzalez: Yeah, yeah, yeah, but wait a minute. Commissioner Regalado: -- vehicle -- Chairman Gonzalez: Wait a minute, wait a minute. What we discuss in the morning was completely different of what we're doing now. In the morning, we discussed creating a committee that was going to be a mediator between the FDLE and the City Commission to inform -- Commissioner Regalado: Chairman -- Chairman Gonzalez: -- the City Commission. Mr. Hernandez: It's totally wrong. Commissioner Regalado: -- but -- Chairman Gonzalez: Now we're talking about a second investigation. Commissioner Regalado: No, no, but Chairman, it's not about the task of the committee. It's not about -- what Commissioner Sarnoff said -- and this is why I ask -- is that we should not make a statement, and in the morning, we were making a statement just by creating a committee that will be the go-between, so I'm just saying -- I -- if they going to file a complaint, that's the way to go. I'm just saying that sometimes the CIP, the Chair, and the members, and the staff may feel frustrated because I do read everything that you send -- Ms. Shapiro: I know. Commissioner Regalado: -- and sometimes I respond, and when I read, you know, this case we have not gotten a response; you have closed this case; you have closed this case, I sense a little frustration, so I figure, well, it's proper that the City Commission would support the role of the CIP in this or any investigation because this is what the CIP is all about. It's -- the CIP was born because ofElian and because of the shootings in Liberty City and Overtown, and it was approve by 76percent. I'm sure that every candidate would love a 76percent number in any election, and this is what the residents and the voters ofMiami did by creating your committee, so I'm just saying, to me, it's all the same, but no problem. Chairman Gonzalez: Vice Chairman Sanchez, you're recognized. Vice Chairman Sanchez: Mr. Chairman, I was not here when this item was discussed, but I did have an opportunity to review it on tape, and let me just say that one of the things that great -- that make this nation of ours such a great nation is that we respect the institutions, and we City ofMiami Page 144 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 respect the power invested in us, and after hearing the discussion today, which I'm not going to get into, I think the proper decision has been made by the FOP to allow the CIP, which is created by Charter, who is an oversight authority, who is independent, who has subpoena power and reports to us and the City Manager, so I just want to say that, at the end of the day, I think the proper decision has been made to allow the Civilian Investigative Panel to do what its set out to do under the Charter. Ms. Sharpiro: Thank you, Mr. -- Commissioner. Mr. Ferran -- Chairman Gonzalez: All right. That being the case, then you're going to file a complaint -- Mr. Aguilar: Yes, sir. Ms. Shapiro: Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: -- and then it will follow its course. Commissioner Spence -Jones: Mr. City Attorney. Chairman Gonzalez: Mr. City Attorney, anything you want to add? Mr. Fernandez: Yeah, just make it a little bit more interesting for all of you. When you read the Code of the City ofMiami with regard to purposes, powers, and duties of the CIP, it says the purpose and powers and duties of the CIP are to exercise its powers so as to not interfere with any ongoing investigations and conduct its activity consistent with applicable law. Now is that interpreted to mean criminal investigation -- Commissioner Sarnoff That's why we didn't -- Chairman Gonzalez: Was I right? Mr. Fernandez: -- or any type of investigation? Interesting question that would need to be debated, argued, or the like. The language -- the strict language says as -- so as to not interfere with any ongoing investigation. If it has been represented to you that the FDLE is presently conducting an investigation, then perhaps, notwithstanding the fact that anybody may complain and conduct an investigation, the wisdom of the counsel for the CIP, when he reads this, would be to advise his body that they need to take this into account; conduct whatever it is that they're going to do so as not to interfere with the FDLE. Now that's just interesting. You've already not made a decision. You've allowed the citizens to do whatever they need to do, vis-a-vis the CIP panel, but I'm afraid it's not yet over. Vice Chairman Sanchez: But they are aware that they will not interfere if FDLE is conducting an investigation -- Mr. Fernandez: So -- that's right, and if they don't interfere -- Vice Chairman Sanchez: -- and they know. They -- Chairman Gonzalez: Let me ask you a question. Ms. Shapiro: Perhaps we will be debating what interfere means, Mr. Attorney, I don't know. Commissioner Regalado: Yeah, she's right. She's right. City ofMiami Page 145 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: Let me ask you a question. Commissioner Regalado: What is interfere? Chairman Gonzalez: Is the CIP empowered to do -- investigate abuse of power by Code Enforcement officers? Mr. Fernandez: No. Vice Chairman Sanchez: No, police only. Chairman Gonzalez: What -- Mr. Fernandez: No. Chairman Gonzalez: -- a shame. Mr. Fernandez: No. Chairman Gonzalez: What do we have to do to empower them to do that too? Commissioner Sarnoff Charter amendment, Charter amendment. Mr. Fernandez: It could be a quick -- Chairman Gonzalez: Let's -- Mr. Fernandez: -- change order. Ms. Shapiro: It's a Charter revision -- Chairman Gonzalez: -- work on that amendment. Vice Chairman Sanchez: Add it to the -- Ms. Shapiro: -- Mr. Commissioner. Vice Chairman Sanchez: -- Charter amendment. Commissioner Sarnoff I'm with you on that. I'm OK with that. Vice Chairman Sanchez: All right. Chairman Gonzalez: Let's -- Ms. Shapiro: If there are no more -- Chairman Gonzalez: -- work on that -- Ms. Shapiro: -- questions -- Chairman Gonzalez: -- amendment. Vice Chairman Sanchez: No. City ofMiami Page 146 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Ms. Shapiro: -- of me, I called an emergency meeting of the Panel to discuss our budget because you've put constraints on us, so I'd like -- Commissioner Sarnoff See that. Ms. Shapiro: -- to go upstairs to do that. Commissioner Sarnoff We -- Vice Chairman Sanchez: Thank you. Commissioner Sarnoff -- here we are -- Ms. Shapiro: Thank you. Commissioner Sarnoff -- we're asking you to do more duties with less. Ms. Shapiro: Exactly. Vice Chairman Sanchez: Well, we're asking the entire City to do that. Chairman Gonzalez: All right. We are about ready to start with the budget hearing. I believe the Mayor is supposed to be here. Do you want to take a five-minute recess? Let's take a ten-minute recess to start the meeting. [Later... Chairman Gonzalez: (INAUDIBLE) gentlemen, let's resume the meeting. We have completed the regular agenda. The regular meeting of the City Commission has been completed. NA.7 07-01161 ORDINANCE AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," TO IMPLEMENT THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF MIAMI ("CITY") AND I.A.F.F. LOCAL 587 AND BETWEEN THE CITY AND FRATERNAL ORDER OF POLICE LODGE 20, BY AMENDING SECTION 40-202, ENTITLED "PAYBACKS FOR MEMBERSHIP CREDIT," AND SECTION 40-203, ENTITLED "BENEFITS;" AND BY CREATING A NEW SECTION 40-212, ENTITLED "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12941 Draft City ofMiami Page 147 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Pedro G. Hernandez (City Manager): Yes, Mr. Chair. Chairman Gonzalez: Do we have the ordinance? Mr. Hernandez: Do you have the ordinances? Chairman Gonzalez: No, I don't have a copy of it, but -- Commissioner Regalado: I have, I have. Chairman Gonzalez: You have it? All right. Mr. Hernandez: My understanding is that all Commissioners have been briefed on the item -- Vice Chairman Sanchez: Yes. Chairman Gonzalez: Right. Mr. Hernandez: -- items. They're basically two items. They both relate to outcomes of our recent negotiations with both Fire and Police as it pertains to their ongoing contracts, and it's a sensitive matter that we need to deal with today to ensure that this is in effect by October 1, 2007. The City Attorney will read the ordinances. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: All right. Roll call, please. Mr. Hernandez: Mr. Chair, if you desire -- Chairman Gonzalez: We need to do two readings, right? Mr. Hernandez: Two readings, that's right. Chairman Gonzalez: OK. Very well. Madam City Clerk, roll call, please. Priscilla A. Thompson (City Clerk): I need a mo -- Chairman Gonzalez: You want to say something, Bobby? Robert Suarez: Mr. Chairman, fellow Commissioners, I just wanted to put on the record the urgency of this ordinance was because we have several provisions that were effective on June 12 when this -- when you raged our collective bargaining agreement, and we have another provision that expires -- or actually, it becomes effective October 1, taking away benefits, and it's the combination of those two deadlines that it's very urgent for us to get this enacted before October 1, andl appreciate your consideration on this. Ms. Thompson: May I please have a name for the record? Mr. Suarez: I'm sorry. Robert Suarez, president, Miami Association of Fire. Ms. Thompson: Thank you. Chairman Gonzalez: Mirabile, anything you want to say? City ofMiami Page 148 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Hector Mirabile (Interim Director, Community Development): Commissioners, we agree with Robert that the urgency of having this resolution and modifying the pension plan set forth. It was already contracted with both parties, the firefighters and the FOP (Fraternal Order of Police), and this -- what this will do is make the contracts promulgated through the pension and retirement plan ordinance. Chairman Gonzalez: All right. Roll call, please. Ms. Thompson: Well, I didn't hear the public meeting opening, nor didl hear a motion or a second. I'm sorry. Chairman Gonzalez: All right. Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. Ms. Thompson: Thank you. Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on these items, please come forward. Seeing none, hearing none, the public hearing is closed. Roll call, please. Ms. Thompson: Roll call. Your second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 5/0. Chairman Gonzalez: All right. Mr. Suarez: Thank you all. NA.8 07-01163 ORDINANCE AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND ESTABLISHED BY ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, AS SUBSEQUENTLY AMENDED AND RESTATED BY ORDINANCE NO. 11462, ADOPTED MARCH 20, 1997, TO IMPLEMENT CERTAIN TERMS OF THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND I.A.F.F. LOCAL 587; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12940 Chairman Gonzalez: We have another ordinance. Draft City ofMiami Page 149 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 NA.9 07-00848a District 4- Commissioner Tomas Regalado Jorge L. Fernandez (City Attorney): Yes, you do. You want to introduce it, or should we read it? Unidentified Speaker: Read it. Vice Chairman Sanchez: You should read it into the record. Mr. Fernandez: All right. Certainly. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: All right. Is there a motion? Vice Chairman Sanchez: So move. Chairman Gonzalez: Is there a second? Commissioner Spence -Jones: Second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. This is also a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Your first roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 5/0. Chairman Gonzalez: All right. Robert Suarez: Thank you all very much. Chairman Gonzalez: Thank you. Hector Mirabile (Interim Director, Community Development): Chairman, ifI could take a brief moment -- Chairman Gonzalez: Yes. Mr. Mirabile: -- to thank the -- both unions. They were very helpful in the whole entire matter; the FIFO (Firefighters and Police Officers) attorneys, especially our City Attorney, and Bill Rossi, who did a lot of work on this thing, and our Manager, who gave us the guidance. Thank you. Chairman Gonzalez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $10,000, FOR PROSTITUTION DETAILS IN THE FLAGAMI AREA, SPECIFICALLY ON FLAGLER STREET AND SOUTHWEST 8TH STREET, MIAMI, FLORIDA; ALLOCATING SAID FUNDS, FROM THE DISTRICT 4 OFFICE BUDGET City ofMiami Page 150 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 NON -DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930. 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-07-0509 Chairman Gonzalez: Do you want to take pocket items now? Commissioner Regalado: I have a pocket item. Chairman Gonzalez: Go ahead. Commissioner Regalado: The pocket item, it's just something that Community Development needs to proceed -- no, I'm sorry, that the Police Department needs to proceed with a project. Several month ago, you would remember that of the rollover of District 4, we approve $90, 000 for Community Development, $10, 000 for prostitution detail in Flagami. Now we need a resolution just to formalize that and transfer the money to the Police Department, so the resolution is $10, 000 of the rollover of District 4 office budget to the Miami Police Department, earmark only for prostitution detail in the Flagami area. So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: That's it. NA.10 07-01174 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Tatiana Gort Chairman Angel Gonzalez Motion by Chairman Gonzalez, 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-07-0531 A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Tatiana Gort as a member of the Code Enforcement Board. Chairman Gonzalez: Any pocket items, Commissioner Sarnoff? Commissioner Sarnoff No. City ofMiami Page 151 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 NA.11 07-01159 District 1 - Chairman Angel Gonzalez Vice Chairman Sanchez: No. Chairman Gonzalez: Commissioner -- Vice Chairman Sanchez: No pocket items. Chairman Gonzalez: -- Spence -Jones? Commissioner Spence -Jones: No, no pocket items. Chairman Gonzalez: No? OK. I have two. One is an appointment to the Code Enforcement Board, to appoint Tatiana Gort. Vice Chairman Sanchez: All right. There's a pocket item to appoint Tanana Gort to the -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Code Enforcement. There's a second by Commissioner Regalado. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS DESIRE TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE THAT IT WOULD LIKE TO CODESIGNATE NORTHWEST 14TH STREET FROM NORTHWEST 27TH AVENUE TO NORTHWEST 32ND AVENUE, MIAMI, FLORIDA, AS "ELOY RODRIGUEZ WAY," AND THAT THE REVIEW COMMITTEE TAKE ALL ACTION NECESSARY TO BEGIN TO EFFECTUATE SUCH CODESIGNATION. Motion by Chairman Gonzalez, 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-07-0508 Chairman Gonzalez: My other pocket item is a resolution of the Miami City Commission expressing its desire to the Miami Street Codesignation Review Committee that it would like to codesignate Northwest 14th Street, from Northwest 27th Avenue to Northwest 32ndAvenue, Miami, Florida, as Eloy Rodriguez Way, and that the review committee take all action necessary to begin to effectuate such codesignation. Vice Chairman Sanchez: All right. Chairman Gonzalez: That is my motion. Vice Chairman Sanchez: There's a motion. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a second by Commissioner Regalado. The item is under City ofMiami Page 152 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 NA.12 07-01157 Office of the City Attorney discussion. Hearing no discussion from the Commission, 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 ENGAGEMENT OF JEFFREY SCHWARTZ, ESQUIRE AND THE LAW FIRM OF VOLPE, BAJALIA, WICKES, ROGERSON AND WACHS AND THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN CONNECTION WITH THE CASE OF JOHNNY LEE WINTON VS. MARC SARNOFF, CASE NO. 07-26044 CA 24, AS APPROVED BY THE CITY ATTORNEY; INCORPORATING AND ADOPTING BY REFERENCE THE LEGAL FINDINGS SET FORTH IN THE ATTACHED MEMORANDUM AS IF FULLY SET FORTH IN THIS SECTION. 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-07-0510 Chairman Gonzalez: All right. We don't have -- Yes, sir. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, I have two pocket items thatl beg your indulgence in bringing up at this time. Chairman Gonzalez: Go ahead. Mr. Fernandez: I have briefly discussed each of these items with you or with your staff as I have been able to over the past few days. Both items concern my request to this Commission to appoint outside special counsel to represent Commissioner Sarnoff in two lawsuits that have been filed against him, personally. We have done the analysis on both situations, and we have concluded that in both cases -- and I'll discuss the cases briefly with you -- he is entitled to have City representation to defend him because his -- the allegations arising out of the lawsuits relate to his holding office. Furthermore, in both cases, I have also done the analysis, andl have concluded that my office would be conflicted in representing Commissioner Sarnoff in these cases. Therefore, my request is that you authorize the retention of these law firms to represent Commissioner Sarnoff in the case where Commissioner Winton -- ex -Commissioner Winton has filed a lawsuit to try to unseat Commissioner Sarnoff. Again, I have attached that resolution -- to that resolution a memo from me that briefly outlines the analysis that I have done. He's entitled to defend his seat, and therefore, he is entitled to representation. Chairman Gonzalez: OK. Mr. Fernandez: My inability to represent him stem from what would be a conflict in that the City, there is allegations in the complaint that he's seeking damages. We would be representing the City potentially at a future time, and -- Chairman Gonzalez: All right. Mr. Fernandez: -- that would be a conflict. City ofMiami Page 153 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Vice Chairman Sanchez: Mr. City Attorney -- Chairman Gonzalez: Would you read the resolution so someone move it? Vice Chairman Sanchez: Which res -- well, which resolution do you want to put forth first? Whichever one it is, I move. Mr. Fernandez: The one where the case with Commissioner -- ex -Commissioner Winton, and that would be -- the resolutions are Resolution [sic] 07-011 -- Vice Chairman Sanchez: Five seven? Mr. Fernandez: -- 57. Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Next. Commissioner Sarnoff I didn't vote, Mr. City Attorney. Would that have been appropriate for me to vote? Mr. Fernandez: It's appropriate for you to vote, but obviously, you may vote if you choose to vote. It is authorized for you to cast a vote in this matter to the extent that you were in the performance of your official duties holding to your seat that you were duly elected to. Priscilla A. Thompson (City Clerk): So are you -- Chairman Gonzalez: Next. Ms. Thompson: -- casting, sir? I'm sorry. Commissioner Sarnoff Yeah. It'd be dumb to vote against it, huh? Ms. Thompson: It's 5/0. Thank you. NA.13 07-01158 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Attorney ATTACHMENT(S), AUTHORIZING THE ENGAGEMENT OF JEFFREY SCHWARTZ, ESQUIRE AND THE LAW FIRM OF VOLPE, BAJALIA, WICKES, ROGERSON AND WACHS AND THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN CONNECTION WITH THE CASE OF THE RELATED COMPANIES OF FLORIDA, INC., VS. MARC DAVID SARNOFF, CASE NO. 07-27975 CA 24, AS APPROVED BY THE CITY ATTORNEY; INCORPORATING AND ADOPTING BY REFERENCE THE LEGAL FINDINGS SET FORTH IN THE ATTACHED MEMORANDUM AS IF FULLY SET FORTH IN THIS SECTION. City ofMiami Page 154 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 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-07-0511 Chairman Gonzalez: Next resolution. Jorge L. Fernandez (City Attorney): The next one is Resolution [sic] 07-01158, and this is the case where The Related have filed a lawsuit against the Commissioner for disclosure of a document that allegedly was prepared according to the complaint in the course and scope of the discharge of his office. Furthermore, they're also charging -- making charge of slander. We, as you know, are presently defending the decision that the City Commission took, and we're closely aligned with the interest of The Related Companies in defending the decision the City Commission took. That, in my opinion, constitutes a conflict, and for that reason, my analysis is that he's entitled to representation in defending him in whether that document that's in question is or is not in fact a public record and also to the extent that statements that might have -- be contained in that document could or could not be slanderous. That's the nature of the lawsuit. I recommend that the Commission authorize retaining for Commissioner Sarnoff outside counsel. That's the second resolution. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Mr. Chairman, I do have a question real fast for the City Attorney. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And there is a second. Commissioner Spence -Jones. Commissioner Spence -Jones: Sure. I just needed to -- I got fully briefed on the issue late yesterday afternoon -- Mr. Fernandez: Correct. Commissioner Spence -Jones: -- and I'm supporting what the City Attorney is saying. I have no issue or no concerns on that, but I just -- I wanted to really understand the issue surrounding a few things that I just want you to be very clear with me because just in case any one of us happens to find ourself [sic] in the same or similar position. Is it my understanding that the City Attorney is recommending that we pay for the Commissioner's attorney fees in this case involving the memo? I just want to make sure. Mr. Fernandez: Yes. Commissioner Spence -Jones: That's my understanding on that -- Mr. Fernandez: Yes. That's correct. Commissioner Spence -Jones: -- and now how is this memo relevant to the liable case? Because I'm told that the publication is necessary, so anything that we write or that takes place within our possession, that is public information, correct? City ofMiami Page 155 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Fernandez: Correct. Commissioner Spence -Jones: OK. Commissioner Sarnoff Whoa, whoa, whoa, whoa, whoa. Commissioner Spence -Jones: No? Mr. Fernandez: Well, if it's -- if it is -- Commissioner Sarnoff That was a broad -- Mr. Fernandez: -- intended -- Commissioner Sarnoff -- that was -- Commissioner Spence -Jones: I just want to make sure. Mr. Fernandez: Well -- Commissioner Sarnoff Couldl --? Mr. Fernandez: -- the -- in dispute in the lawsuit is the nature of the memo in question. I have never seen the memo. I am not privy to tell you what that memo contains. I have not engaged Commissioner Sarnoff, nor has he engaged me in what it contains or how it was prepared. He contends, from what I understand by reading the press, that this is not a public document. Related claims that it is a public document and it needs to be released. Commissioner Spence -Jones: Right, andl don't -- Mr. Fernandez: That's the controversy. Commissioner Spence -Jones: -- want to really make it about a -- Related or whoever else it is. Mr. Fernandez: Correct. Commissioner Spence -Jones: I just want to understand, as a City Commissioner -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- you know, if I'm placed in that same position, whether or not that be myself or any other City Commissioner, I just want to be clear what is the difference between the two, what is public information and what is not? Mr. Fernandez: A public record is what you would write to communicate -- Commissioner Spence -Jones: Right. Mr. Fernandez: -- your ideas for public consumption. Commissioner Spence -Jones: Right. Mr. Fernandez: Presumably, a memo that you would write with notes to yourself, like you would do a grocery list -- City ofMiami Page 156 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Commissioner Spence -Jones: Yes. Mr. Fernandez: -- or like you would do a list of friends to call, that type of thing, that is not a public record. Commissioner Spence -Jones: OK, so in other words, if -- what about if it has anything to do with a particular situation that's taking place in front of City government? Then that -- is that public information? Mr. Fernandez: Again, that is the question in front of a judge to -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- determine and that is -- Commissioner Spence -Jones: No. I just think -- Mr. Fernandez: -- precisely what's -- Commissioner Spence -Jones: -- it's important to know. Mr. Fernandez: -- in controversy. Commissioner Spence -Jones: I think it's in -- because anybody from the public can then turn around and say, you know -- Mr. Fernandez: IfI -- that's right. IfI were -- Commissioner Spence -Jones: -- did Commissioner Sanchez -- I know that he wrote a memo or he wrote some -- you know, wrote a note on a particular subject matter that we feel that we should have access to, and Commissioner Sanchez says, well, no. This is not really relevant to the -- how do we determine whether or not that is the case, and if that is the case, then -- and Commissioner Sanchez turns around and says, well, this is really more of a private thing or a personal thing than a public then, then does that mean that Commissioner Sanchez still has the right to have legal representation from the City? Mr. Fernandez: My position would be that the City has an obligation to represent and defend any Commissioner that may have a question or an issue as to whether a document that he or she prepared is or is not a public record. IfI were privy to that document andl were to read it, I would be able to give my opinion, for whatever my opinion is worth. I have not seen the public record. It's not been consulted to me, so I cannot give you an opinion as to the record in question is or is not a public record, but more significantly, besides the issue of the public record, is the second count of the complaint that goes to libel and slander, you know, issues of defamation. Commissioner Spence -Jones: So we all have the right to have the same --? Mr. Fernandez: Yes -- Commissioner Spence -Jones: I just want to be -- Mr. Fernandez: -- definitely. Commissioner Spence -Jones: -- very clear, you know, if that comes up as an issue -- City ofMiami Page 157 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Mr. Fernandez: Correct. Commissioner Spence -Jones: -- on anything that was -- Mr. Fernandez: No. Commissioner Spence -Jones: -- written by -- Mr. Fernandez: Let -- Commissioner Spence -Jones: -- Jones [sic], Sanchez, Gonzalez; that we have the ability to have the same representation if we determine that it was a personal thing and not a public thing. Mr. Fernandez: Correct, but keep in mind that your -- there is two level of analysis that I have said. One is entitlement to representation, and the second one is the issue of conflict. On the issue of entitlement to representation, I've determined yes. Now the question -- and that primarily would be his entitlement to have the Office of the City Attorney represent him. I do a second tier analysis andl conclude that there is a conflict -- that there is an ethical conflict, and therefore, because I am unable to represent him, then he's -- I'm recommending that he be allowed to retain outside counsel, or that the City retain outside counsel for him, but make no mistake -- andl want to be very clear -- the first -- the right to representation is to have the City Attorney do the representation. Commissioner Spence -Jones: And I'm going to take and respect your recommendation on this issue, andl think that any of the Commissioners that -- if they're ever placed in this particular situation, that they should all -- we should all should have the same right to be represented for whatever the issue is concerning public information, andl just wanted to be very clear on that issue. I support Commissioner Sarnoff in this item and having representation on it. That's not what this is about. It's just making sure that there is -- that we've really looked at the matter from all different points of view, andl just want to make sure that it's a fair and balanced recommendation. Mr. Fernandez: But I want to make clear also to the Commission that I jealously guard the prerogatives given to me under the Charter to be the official legal representative of the City, and I would be insisting on representing Commissioner Sarnoff as I would insist on representing each of you on any matter because, at the end of the day, it's the interest of the City thatl am charged with representing, but I owe a duty to be -- Commissioner Spence -Jones: I just want to -- Mr. Fernandez: -- ethical, and then doing the second tier analysis of the ethics, I would have a serious conflict in representing the Commissioner. Therefore, I am coming to you with this, but that is not to say that, in the future, I would have -- in doing the second tier analysis, I would arrive at the same conclusion. Commissioner Spence -Jones: Thank you. Commissioner Regalado: OK. Can I ask some --? Before lunch, we were discussing some of the issues regarding the chief of Police, and the Manager said that the chief had gone before the Ethics Commission in the County -- Vice Chairman Sanchez: But let's finish voting on -- Commissioner Regalado: Excuse me. It's related to this. You don't know what I'm asking. Is -- what I'm asking is, does the chief was represented by an attorney on -- and is that attorney a City City ofMiami Page 158 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 attorney or -- because the Manager file the complaint, does he -- is he allowed to be pay by representation? Who is his attorney? Does he have to pay this from his own pocket? Mr. Fernandez: All that I can tell you is that the City Attorney is not involved on any issue relative to the Police chiefs investigations of -- by Ethics Commission or by FDLE (Florida Department of Law Enforcement). Those are independent issues relating to him as an individual, not necessarily something for which the City Attorney on ethics issue would undertake the representation of any client. Commissioner Regalado: So -- Mr. Fernandez: If any of you were investigated by the Ethics Commission -- Commissioner Regalado: You would not be representing -- Mr. Fernandez: -- I -- Commissioner Regalado: -- nor will the City foot the bill, right? Mr. Fernandez: In my opinion, no. It wouldn't have to. Commissioner Regalado: OK. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: We already voted on both. Priscilla A. Thompson (City Clerk): No, no. Vice Chairman Sanchez: No. Ms. Thompson: No. Vice Chairman Sanchez: We voted on -- Ms. Thompson: Not yet. Vice Chairman Sanchez: -- one. Chairman Gonzalez: We did not? Vice Chairman Sanchez: We need to -- Ms. Thompson: Not yet. Vice Chairman Sanchez: -- vote on the second one. Chairman Gonzalez: All right. We have -- Ms. Thompson: We have a motion and a second. Chairman Gonzalez: -- a motion, and we have a second. Ms. Thompson: Yes. City ofMiami Page 159 Printed on 10/1/2007 City Commission Meeting Minutes September 11, 2007 Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 160 Printed on 10/1/2007