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HomeMy WebLinkAboutCC 2007-10-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, October 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 October 11, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 10/22/2007 City Commission Meeting Minutes October 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 October 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 9:45 a.m. and adjourned at 12:40p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chairman Gonzalez: Ladies and gentlemen, welcome to the October 11, 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commissions [sic] 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, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez -- Vice Chairman Sanchez, and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-01261 CEREMONIAL ITEM Honoree Lionel Jean -Charles & Family Visiting Officials from Pontevedra, Galicia, Spain Special Acknowledgment for the Province of Pontevedra 07-01261 Protocol List.pdf Presenter Protocol Item Mayor Diaz Certificate of Appreciation Chairman Gonzalez Recognition 1. Mayor Diaz presented Certificates of Distinctive Service to Firefighters Jorge Gonzalez and Giancarlo Polanco for their devotion in selflessly serving the citizens ofMiami, particularly their humanitarian efforts and outstanding service to the Romero family during and after their tragic loss in a September 20, 2007 fire emergency. 2. Mayor Diaz presented a Certificate of Commendation to Lionel Jean -Charles & Family for their exemplary management of an emergency situation, where their critical actions and quick thinking saved the lives of family members during a recent fire in their home. 3. Mayor Diaz saluted Enrique L. Quintero, Jr. for his outstanding performance in the Snipe World Championship in Leixoes, Portugal, and winning the 50th Annual Florida State Snipe Junior Championship Award. 4. Mayor Diaz and the Members of the City Commission presented a proclamation and "Key to the City" to the delegation of the government of Pontevedra, Galicia, Spain, namely, Don Rafael City ofMiami Page 3 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 MAYORAL VETOES Louzan Abal, President, Don Jose Antonio Figueroa, Vice President, Don Santiago Cabanas Ansorena, Consul General, Don Jose Manuel Barros Martinez, Don Fernando Gomez Rodriguez, and Juan Jose Nunez, and proclaiming October 11, 2007 as the Day ofProvincia de Pontevedra, Galicia, Espana; further, Don Rafael Louzan Abal, President of the Province of Pontevedra, Galicia, Spain, presented a plaque to the Mayor and Members of the City Commission as a token of their appreciation for having been invited to the City ofMiami during Hispanic Heritage Month. 5. Mayor Diaz recognized and commended the employees of the departments of Risk Management, Employee Relations, Fire, Police, and the General Administrative Services for the success of the City ofMiami National Breast Cancer Awareness Day; further acknowledging that the City ofMiami has put together a "Think Pink" team for the Susan G. Coleman Race for the Cure. 6. Commissioner Sarnoff presented to the Mayor and Members of the City Commission a canvass shopping bag which read '7'm NotA Plastic Bag," stating that South Florida would save 700,000 gallons of gasoline a year if citizens did not use plastic bags when shopping. Chairman Gonzalez: All right. We're going to -- Mayor Diaz, you're recognized, sir, for your presentations. Mayor Manuel A. Diaz: Good morning. Buenos Bias. Thank you, Mr. Chairman. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: Let the record reflect that we haven't got any vetoes from the Mayor's office. 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 Spence -Jones, 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 Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. We now need to approve the minutes of the regular Commission meeting of September 11, 2007. Is there a motion? Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Spence -Jones: Second. City ofMiami Page 4 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: We need to approve the minutes of the first budget hearing of September 11, 2007. Vice Chairman Sanchez: So move. Chairman Gonzalez: Is there a motion? 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: We also need to approve budget workshop August 20, 2007 minutes. Need a motion. Commissioner Sarnoff So move. Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion, and we have -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- a second. With -- all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 5 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Order of the Day Chairman Gonzalez: All right. We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this meeting. 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 City Commission. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online at wwwmiamigov. com [sic]. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. The City ofMiami requires any person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils, or committees to disclose, at the commencement 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 an affidavit as part of an application package, you're required to read the disclosure contained therein 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 the 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 issue. Individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, or councils solely in the capacity of a lobbyist and not as the applicant or owner's legal representative, are not required to submit the 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 which is -- of which -- 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 this Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner is allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chambers shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, 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 are being withdrawn, deferred, or substituted. Chairman Gonzalez: Thank you. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. There are City ofMiami Page 6 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 three changes. The first one is a deferral ofPH.1, which is a plat, to the October 25 agenda. The second one is RE.1, to be continued, and the third one is DI.1, which is the budget outlook, and that's also to be continued, and those are all the changes, Mr. Chairman. Chairman Gonzalez: Thank you. City ofMiami Page 7 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 CA.1 07-01139 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 19-690001, ACCOUNT CODE NO. 12500.191602.882000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 07-01139 Legislation.pdf 07-01139 Summary Form.pdf 07-01139 Affidavit.pdf 07-01139 Certification Of Applicant.pdf 07-01139 Memo.pdf 07-01139 Budget Year End Dec 07.pdf 07-01139-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.2 07-01195 Department of Public Facilities R-07-0570 RESOLUTION 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, WITH MIAMI-DADE COUNTY, FOR THE USE AND OCCUPANCY OF THE PROPERTIES AS LIBRARY FACILITIES, AT 1799 NORTHWEST 35TH STREET (ALLAPATTAH LIBRARY), 2875 MCFARLANE ROAD (COCONUT GROVE LIBRARY), 350 NORTHWEST 13TH STREET (CULMER LIBRARY -FORMERLY DIXIE PARK), 531 NORTHWEST 62ND STREET (EDISON CENTER LIBRARY), 430 NORTHEAST 61ST STREET (LEMON CITY LIBRARY), 2111 SOUTHWEST 19TH STREET (SHENANDOAH), 160 NORTHEAST 79 STREET (LITTLE RIVER LIBRARY) AND 5050 WEST FLAGLER STREET (WEST FLAGLER LIBRARY), MIAMI, FLORIDA, FOR AN INITIAL LEASE TERM OF FIFTEEN (15) YEARS, WITH A MAXIMUM OF THREE (3) ADDITIONAL FIVE-YEAR TERMS, AT AN ANNUAL RENT FEE OF ONE DOLLAR ($1), FOR ALL EIGHT LIBRARIES COMBINED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City ofMiami Page 8 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 07-01195 Legislation.pdf 07-01195 Exhibit.pdf 07-01195 Exhibit 2.pdf 07-01195 Exhibit 3.pdf 07-01195 Exhibit 4.pdf 07-01195 Exhibit 5.pdf 07-01195 Exhibit 6.pdf 07-01195 Exhibit 7.pdf 07-01195 Exhibit 8.pdf 07-01195 Exhibit 9.pdf 07-01195 Exhibit 10.pdf 07-01195 Exhibit 11.pdf 07-01195 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0571 CA.3 07-01196 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND LEASE RENEWAL ("SECOND LEASE RENEWAL"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE"), FOR THE USE OF APPROXIMATELY 39,000 SQUARE FEET OF STATE-OWNED SUBMERGED LANDS LOCATED ADJACENT TO THE CITY -OWNED UPLAND PROPERTY AT 176 AND 250 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AND TO PROVIDE FOR: 1) A TERM OF APPROXIMATELY FIVE (5) YEARS, COMMENCING NOVEMBER 20, 2007 AND EXPIRING DECEMBER 31, 2012, TO FACILITATE THE CITY'S PROSPECTIVE CONSTRUCTION AND MAINTENANCE OF PUBLIC DOCKS FOR LUMMUS PARK; 2) THE CORRECTION OF THE LEGAL DESCRIPTION OF THE PRECEDING MODIFIED SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL COMMENCING JANUARY 27, 2003, DUE TO A SCRIVENER'S ERROR; 3) THE PAYMENT OF A STATE LEASE PROCESSING FEE OF $512, AS SET FORTH IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ADMINISTRATIVE RULE 18-21.008(1)(a)(8), AS MAY BE AMENDED, WITH FUNDS ALLOCATED FROM GENERAL FUND ACCOUNT NO. 04002.221100.544000.0000.00000, FOR SAID PURPOSE; AND 4) THE AUTHORIZATION FOR THE CITY MANAGER TO MAKE NON -SUBSTANTIVE OR NON -MATERIAL AMENDMENTS AND TO EXECUTE SUBSEQUENT LEASE RENEWALS FOR SAID PURPOSE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID SECOND LEASE RENEWAL. City ofMiami Page 9 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Votes: CA.4 07-01197 Department of Parks and Recreation 07-01196 Legislation.pdf 07-01196 Exhibit.pdf 07-01196 Exhibit 2.pdf 07-01196 Exhibit 3.pdf 07-01196 Exhibit 4.pdf 07-01196 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0572 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "CITY OF MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES A.D.A. GRANT RECREATIONAL PROGRAMS AND EQUIPMENT," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $104,630, CONSISTING OF A GRANT AWARD IN THE AMOUNT OF $52,315, RECEIVED FROM THE MIAMI-DADE COUNTY, OFFICE OF AMERICANS WITH DISABILITIES ACT COORDINATION 2006-2007 GRANT FUND AND THE CITY OF MIAMI'S REQUIRED CASH MATCH OF AN AMOUNT NOT TO EXCEED $52,315; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $37,315, FROM THE DEPARTMENT OF PARKS AND RECREATION SURPLUS ACCOUNT, PROJECT 29-119002, AWARD NO. 1281, ORGANIZATION 291001 AND AN AMOUNT NOT TO EXCEED $15,000, FROM THE DEPARTMENT OF PARKS AND RECREATION CONSOLIDATED ACCOUNT, PROJECT 29-116002, AWARD 1179, ORGANIZATION 291001, ALREADY EXPENSED FOR GRANT APPROVED PROGRAMMING; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-01197 Legislation.pdf 07-01197 Summary Form.pdf 07-01197 ADA Advisory Council Meeting.pdf 07-01197 Memo.pdf 07-01197 Receipts.pdf 07-01197 Letter.pdf 07-01197 Proposal.pdf 07-01197 Interlocal Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.5 07-01198 Department of Public Facilities R-07-0573 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 ("AGREEMENT"), IN SUBSTANTIALLY City ofMiami Page 10 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSOR") AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, SOUTHERN REGION, ATLANTA GEORGIA, ("FAA") A FEDERAL AGENCY, FOR THE USE OF APPROXIMATELY 1.3774 ACRES OR 60,000 SQUARE FEET ON VIRGINIA KEY (THE "PROPERTY'), FOR USE AS A VERY HIGH FREQUENCY OMNI-DIRECTIONAL RANGE AND TACTICAL AIR NAVIGATIONAL ("VORTAC") FACILITY, TO PROVIDE FOR THE REINSTATEMENT OF FAA LEASE NO. DTFA06-94-L-13026 FACILITY :VORTAC DATED JUNE 3, 1994 (THE "ORIGINAL LEASE") AND EXTENSION OF SAME FOR A MAXIMUM OF FOUR (4) ONE-YEAR TERMS, COMMENCING OCTOBER 1, 2004, WITH A RENT OF $17,832.36 YEARLY OR $1,486.03 MONTHLY, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-01198 Legislation.pdf 07-01198 Exhibit.pdf 07-01198 Exhibit 2.pdf 07-01198 Exhibit 3.pdf 07-01198 Exhibit 4.pdf 07-01198 Exhibit 5.pdf 07-01198 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0574 CA.6 07-01199 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATORS, RELATED EQUIPMENT AND SUPPLIES, FROM VARIOUS VENDORS LISTED, UNDER EXISTING STATE OF OKLAHOMA, CONTRACT NO. SW60300, EFFECTIVE THROUGH JANUARY 2010, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS AS ISSUED BY THE STATE OF OKLAHOMA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01199 Legislation.pdf 07-01199 Summary Form.pdf 07-01199 Notice Of Contract Award.pdf 07-01199 Contract Status Report.pdf 07-01199 Participating Addendum.pdf 07-01199 General Contract Conditions.pdf 07-01199 Participating Addendum2.pdf 07-01199 General Contract Conditions 2.pdf 07-01199 Participating Addendum 3.pdf 07-01199 Addendum.pdf 07-01199 Participating Addendum 4.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 11 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 R-07-0575 CA.7 07-01200 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED AUGUST 20, 2007, PURSUANT TO INVITATION FOR BIDS NO. 32061, FROM FINISH LINE FEED, INC., FOR THE PROVISION OF HORSE FEED AND SUPPLEMENTS, ON AN AS NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) 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. 07-01200 Legislation.pdf 07-01200 Summary Form.pdf 07-01200 Award Recommendation Form.pdf 07-01200 Bid Tabulation.pdf 07-01200 Invitation For Bid.pdf 07-01200-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0576 CA.8 07-01201 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED AUGUST 22, 2007, PURSUANT TO INVITATION FOR BIDS NO. 32013, FROM CONTRACT CONNECTION, INC., FOR THE PURCHASE OF PARK SIGNAGE, ON AN AS NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION 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. 07-01201 Legislation.pdf 07-01201 Summary Form.pdf 07-01201 Award Recommendation & Approval Form.pdf 07-01201 Bid Tabulation.pdf 07-01201 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0577 CA.9 07-01203 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 17, 2007, PURSUANT TO INVITATION FOR BIDS NO. 38041, FROM FISHER SCIENTIFIC COMPANY, LLC, FOR THE City of Miami Page 12 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 PURCHASE OF FIREFIGHTERS' PROTECTIVE CLOTHING, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION 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. 07-01203 legislation.pdf 07-01203 Summary Form.pdf 07-01203 Award Recommendation & Approval Form.pdf 07-01203 Bid Tabulation.pdf 07-01203 Invitation For Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0578 CA.10 07-01204 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 5, 2007, PURSUANT TO INVITATION FOR BIDS NO. 38033, FROM LAW ENFORCEMENT SUPPLY, FOR THE PURCHASE OF FIREFIGHTERS' BOOTS AND HELMETS, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) 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. 07-01204 Legislation.pdf 07-01204 Summary Form.pdf 07-01204 Award Form.pdf 07-01204 Bid Tabulation.pdf 07-01204 Invitation For Bid.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-07-0580 Chairman Gonzalez: CA.10. Commissioner Jones [sic]. Commissioner Spence -Jones: Yes, Mr. Chairman. I really just had a really quick question regarding -- I don't know if there's anyone from Fire at all. As you know, we've been working over the last six months to form a partnership with Haiti. I know that the Sister Cities program, by way of our chairman of the Mayor's International Council, already has a relationship with the city of Port-au-Prince. We're working to at least expand on that relationship, and I wanted to ask the chief -- for these additional items, I know we're collecting -- I mean, we're purchasing new items with this. What's going to happen with the older items? Are these items that could be made available to the island of Haiti, or what would be the next steps for us to do with the surplus items, items that come -- the boots and the helmets, and those type of things? City ofMiami Page 13 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Deputy ChiefMaurice Kemp: Good morning. Maurice Kemp, deputy Fire chief. I'm aware of your initiative with working with Haiti for surplus fire items and other things. We have identified a vehicle that we're going to make available, a surplus fire truck, and we're also looking to see what other equipment that we might have -- Commissioner Spence -Jones: Okay. Deputy Chief Kemp: -- that is -- the important part is it has to be service -ready, you know, before we could give it to 'em -- Commissioner Spence -Jones: Okay. Deputy Chief Kemp: -- so we're looking for stuff that is good, but that we no longer need, and we will make it available -- Commissioner Spence -Jones: So these -- Deputy Chief Kemp: -- through the Commission. Commissioner Spence -Jones: -- like -- these -- just so I'm clear, the boots and the helmets, these type of items, and since we're buying the new ones, what happens with the old ones? Deputy Chief Kemp: When we take them out of service? Commissioner Spence -Jones: Yeah, the boots and the helmets. Deputy Chief Kemp: This is going to be on an as -needed basis, so it's not like there's a -- Commissioner Spence -Jones: Oh, I see. Deputy Chief Kemp: -- big -- Commissioner Spence -Jones: I see. Deputy Chief Kemp: -- stack of things at once. Commissioner Spence -Jones: Okay. Deputy Chief Kemp: We're establishing a contract that we can use -- Commissioner Spence -Jones: All right. I gotcha. Deputy Chief Kemp: -- for years -- Commissioner Spence -Jones: Okay. Deputy Chief Kemp: -- so there's not a big stockpile of used items right now. Commissioner Spence -Jones: All right. Thank you. Jorge L. Fernandez (City Attorney): Madam Commissioner -- Commissioner Spence -Jones: Sure. City ofMiami Page 14 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Fernandez: -- as the chief knows, there is different categories of surplus items -- Commissioner Spence -Jones: Okay. Mr. Fernandez: -- and they have different treatment, and so I don't know under which category some of those items would fall, butMr. Marco [sic] would, and then we can achieve your ends, but we need to follow the -- Commissioner Spence -Jones: Procedure. Mr. Fernandez: -- proper protocol procedures -- Commissioner Spence -Jones: No problem. Mr. Fernandez: -- for that. Deputy Chief Kemp: Yeah, we will go through the process, and part of the process is coming here to the Commission to get approval for the valuable items to be donated. That is my understanding. Chairman Gonzalez: All right. Are we ready to move CA.10? Commissioner Spence -Jones: So move 10. I understand. Vice Chairman Sanchez: Second. Chairman Gonzalez: Okay. We have a motion, and we have a -- Commissioner Spence -Jones: Thank you. Chairman Gonzalez: -- second. All in favor, say "aye." The Commission (Collectively): Aye. CA.11 07-01205 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP") NO. CZ613 AGREEMENT TO REINSTATE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DEP, IN ORDER TO REINSTATE AND TO FURTHER AMEND DEP AGREEMENT NO. CZ613, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, FOR THE BAYWALK DESIGN OF THE PUBLIC BOAT RAMP LOCATED ON WATSON ISLAND, MIAMI, FLORIDA ("PROJECT"), TO EXTEND THE COMPLETION AND REIMBURSEMENT DATE OF THE PROJECT. City ofMiami Page 15 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 07-01205 Legislation.pdf 07-01205 Exhibit.pdf 07-01205 Exhibit 2.pdf 07-01205 Exhibit 3.pdf 07-01205 Exhibit 4.pdf 07-01205 Exhibit 5.pdf 07-01205 Exhibit 6.pdf 07-01205 Exhibit 7.pdf 07-01205 Exhibit 8.pdf 07-01205 Exhibit 9.pdf 07-01205 Exhibit 10.pdf 07-01205 Exhibit 11.pdf 07-01205 Exhibit 12.pdf 07-01205 Summary Form.pdf 07-01205 Letter.pdf 07-01205 Master Report.pdf 07-01205 Pre-Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0579 Adopted the Consent Agenda Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: Now we need to move into the consent agenda. Is there a motion on the consent agenda or any items to be defer or pull for discussion? Commissioner Spence -Jones: CA.10, just for discussion. Chairman Gonzalez: CA.10. All right. Vice Chairman Sanchez: Mr. Chairman, I would move the remaining items on the consent agenda. Commissioner Sarnoff Second. Chairman Gonzalez: Okay. We have a motion on the remainder of the consent agenda, 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 10/22/2007 City Commission Meeting Minutes October 11, 2007 PH.1 07-01145 Department of Public Works 10:30 A.M. PH.2 07-01210 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MINA ESTATES," 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; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS 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. 07-01145 Legislation.pdf 07-01145 Exhibit.pdf 07-01145 Exhibit 2.pdf 07-01145 Exhibit 3.pdf 07-01145 Exhibit 4.pdf 07-01145 Exhibit 5.pdf 07-01145 Exhibit 6.pdf 07-01145 Summary Form.pdf 07-01145 Memo.pdf 07-01145 Memo 2.pdf 07-01145 Notice Of Public Hearing.pdf 07-01145 Notice Of Public Hearing 2.pdf DEFERRED Item PH.1 was deferred to the Commission meeting currently scheduled for October 25, 2007. A sign language interpreter translated discussion of item PH.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AT THE REQUEST OF WAGNER SQUARE LLC, AUTHORIZING WAGNER SQUARE LLC, TO REALLOCATE THE RESIDENTIAL UNITS TO BE BUILT BY WAGNER SQUARE LLC, IN EACH RESIDENTIAL TOWER, HOWEVER MAINTAINING THE TOTAL REQUIRED 48 WORKFORCE AND 56 AFFORDABLE HOUSING UNITS ON THE PROPERTY FORMERLY KNOWN AS THE CIVIC CENTER SITE, LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, TO MEET SITE PLAN REQUIREMENTS, WITH THE FIRST PHASE HAVING AT LEAST 56 UNITS, CONSISTING OF AT LEAST 28 WORKFORCE AND 28 AFFORDABLE HOUSING UNITS AND THE SECOND PHASE HAVING AT LEAST 48 UNITS, CONSISTING OF AT LEAST 28 AFFORDABLE HOUSING City ofMiami Page 17 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 UNITS AND 20 WORKFORCE UNITS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDED DECLARATION OF RESTRICTIONS, AND SECOND AMENDED DECLARATION OF RESTRICTIONS AND REVERTER, IN SUBSTANTIALLY THE ATTACHED FORMS, TO EVIDENCE THE FOREGOING AUTHORIZATION AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION. 07-01210 Legislation.pdf 07-01210 Exhibit.pdf 07-01210 Exhibit 2.pdf 07-01210 Exhibit 3.pdf 07-01210 Exhibit 4.pdf 07-01210 Exhibit 5.pdf 07-01210 Exhibit 6.pdf 07-01210 Exhibit 7.pdf 07-01210 Exhibit 8.pdf 07-01210 Summary Form.pdf 07-01210 Pre-Legislation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-07-0588 Chairman Gonzalez: All right. PH.2. Priscilla A. Thompson (City Clerk): I'm sorry. On PH2, Chair -- Vice Chairman Sanchez: It's -- Ms. Thompson: -- that is actually scheduled to start -- Vice Chairman Sanchez: --10:30. Ms. Thompson: -- at 10:30. Chairman Gonzalez: 10:30. All right. "[Later...]" Chairman Gonzalez: All right. Let's go back to PH 2. PH 2. Yes, sir. Glendon Hall (Assistant Director, Community Development): Yeah. Good morning, Commissioners. Chairman Gonzalez: Morning. Mr. Hall: Glendon Hall, Community Development. This item before you is in reference to the Wagner Square project located in the health district in Allapattah. Originally, there was to be 52 units of affordable workforce housing in the first residential phase and 52 units in the second phase. However, due to site plan requirements from planning, four workforce units from the second phase shall be reallocated to the first to act as liners for the parking structure, essentially creating 56 units in the first phase and 48 in the second, however, maintaining the acquired City of Miami Page 18 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 workforce and affordable units. Chairman Gonzalez: All right. Mr. Hall: I'd like also to note that the groundbreaking is going to be hosted by Redevco on the site, on the 23rd of this month, and at completion, this will be a significant brownfield success story for the City. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. That require a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognize. Seeing none, hearing none, the public hearing is closed. Is it an ordinance? Jorge L. Fernandez (City Attorney): No. It's a resolution. Chairman Gonzalez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Hall: Thank you. City ofMiami Page 19 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 ORDINANCE - SECOND READING SR.1 07-01088A ORDINANCE Office of the City Attorney Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT," MORE PARTICULARLY BY AMENDING SECTION 18-84 TO REQUIRE THAT ALL INVITATION FOR BIDS, REQUEST FOR LETTERS OF INTEREST, REQUEST FOR PROPOSALS, REQUEST FOR QUALIFICATIONS OR ANY OTHER METHOD OF SOURCE SELECTION, WHETHER FORMAL OR INFORMAL, TO BE ISSUED BY THE CITY OF MIAMI SHALL BE DEVELOPED OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S) AND IN THE EVENT THAT THE SAME ARE NOT DEVELOPED OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S), THE NON -CITY OF MIAMI EMPLOYEE(S) OR FIRM ASSISTING, DEVELOPING, OR DRAFTING ANY PORTION OF THE SOLICITATION DOCUMENT SHALL BE PROHIBITED FROM COMPETING FOR THE AWARD OF ANY CONTRACT RESULTING FROM SUCH PROCESS AND SHALL BE TREATED AS PART OF THE CITY'S PROFESSIONAL STAFF UNDER THE CONE OF SILENCE, WHEN APPLICABLE; THIS PROVISION DOES NOT APPLY TO CIRCUMSTANCES WHEREBY THE CITY ENGAGES NON -CITY OF MIAMI EMPLOYEE(S) OR FIRM TO COLLECT OR PROVIDE INDUSTRY COMMENTS, CONDUCT MARKET RESEARCH, OR PROVIDE TECHNICAL DATA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, A PROVIDING FOR AN EFFECTIVE DATE. 07-01088A Legislation SR.pdf 07-01088A Cover Memo SR.pdf 07-01088A-Legislation Sub FR.pdf 07-01088A Cover Memo FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12949 Chairman Gonzalez: Okay. Let's go back now to -- okay. Let's do SR.1. It's a second reading. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: Anyone from the public that wants to speak on SR.1, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. We need a motion. Vice Chairman Sanchez: Mr. Chairman, ifI could just elaborate a little bit on this ordinance. This is an ordinance on second reading, and it's an ordinance that basically is require anyone who has helped prepare any of-- request of letter of interest, request for proposal, request for qualification of any other method of source or selection, whether it's formal or informal, is not allowed to obtain that bid, and this has been brought forth from an incident that was in the newspaper. It's something that gave the City a black eye, and it allows us an opportunity to correct -- I wish I could have done it before. It's a shame that we have to do it now, but this ordinance basically provides better practices and justgood public policy. It is basically, I would City ofMiami Page 20 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 say, 95 percent policy, maybe 5 percent legal, as it is right now. It has been discussed, and all it does is it just -- anyone, once again, that helps prepare an RFP (Request for Proposals) or any other form of solicitation for the City cannot get that job, and I think it's a good ordinance. I think it's been debated back and forth. We worked out with just about everybody tweaking it, and I think it's ready for passage, so therefore, Marc, you take the gavel, and I so move the ordinance. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Commissioner Sarnoff Can I -- Commissioner, can I make a friendly amendment to this? Vice Chairman Sanchez: Sure. Go ahead. Commissioner Sarnoff It's a -- it's just an effective date amendment. I only suggest to you that there could be some unintended consequences and people could finish up some work if this had a prospective date ofJanuary 1, 2008. There are some people that are drafting some things that I don't think that could be in this net that you didn't intend to catch, and it may be better that some things are able to be finalized and we move forward on January 1 of this year. Commissioner Spence -Jones: Mr. -- my only issue is that -- then that means we're going to make a special exception, basically. Is that what we're saying? Commissioner Sarnoff No, I'm not. Pedro G. Hernandez (City Manager): No. Commissioner Sarnoff I'm suggesting that there are people -- because of the wording in this ordinance, which is very broad, and I think I laud his broad wording, but there are people who are providing information to the City on ordinances right now and on RFPs -- maybe not RFPs, but on drafting of certain things that could be caught in this net that have been doing it for the past two or three months. Commissioner Spence -Jones: Mr. Manager, I mean, are you okay with that? Mr. Hernandez: I totally agree. As a matter -- Vice Chairman Sanchez: Well -- Mr. Hernandez: -- of fact, I was looking for -- Commissioner Spence -Jones: That's -- Mr. Hernandez: -- like a 90-day, you know, period for effective date. Whether it's -- January 1 is okay. Vice Chairman Sanchez: Well, the question here is, where do we draw the line? I mean, this is the last bite at the apple. I mean, where do we -- Mr. Hernandez: Well -- Vice Chairman Sanchez: -- draw the line in an ordinance where you don't have anyone who has participated in the process, which, if that does happen, I mean, you could expect another article in the paper. City ofMiami Page 21 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Hernandez: Well, I think that we need to be clear, we do not condone and we do not have, let's say, situations where we have a consultant do an RFP for us and then participate on it. No. I think what Commissioner Sarnoff is referring to is situations where we may be doing some market research, collecting data from providers, maybe have met with providers who have given us information, and we want to be sure that we don't have an issue on those areas, but this is definitely far, far away from the main intent of this ordinance. Vice Chairman Sanchez: Well, listen, if there's something that I've learned here in ten years, you know, it's compromise, and if the only way to get this ordinance passed -- and I've been working on this ordinance now for about eight months -- I'll accept a friendly amendment of what date? Commissioner Sarnoff January 1, 2008. It's very clear to everybody that, wherever they are, they have to finalize and there's a new day in the City this first January. Mr. Fernandez: Well -- Vice Chairman Sanchez: Mr. Legal -- provide legal advice on this. Mr. Fernandez: -- Mr. Chairman, you need -- when you look at this ordinance, you need to consider two events that are critical. If what Commissioner Sarnoff is saying that both event one and event two -- and I -- in a moment, I'll explain what those two events are -- would take place before January 1, the effective date of this ordinance, then I can see that making sense. By event one, I mean the private entity participating in the writing or in the giving information or doing anything with our procurement process. Event two means the actual award of the ultimate contract that resulted from event one, so if there is a party right now that is assisting the City in providing whatever information or participating in the development of an RFP and that RFP does not result in a contract before January 1, that party would be precluded on January 1 from being considered for the contract, so the critical thing here is that both events have to take place before January 1, otherwise that -- he's -- Commissioner Sarnoff Right. Mr. Fernandez: -- that is still the cutoff. Now also keep in mind that by the very terms of this ordinance, there is a provision that does not -- that this ordinance does not apply to circumstances whereby the City engages non -City employees or firms to collect or provide industry comments, conduct market research, or provide technical data; already that exception is built into it. Vice Chairman Sanchez: So does that -- Mr. Fernandez: The record -- Vice Chairman Sanchez: -- exception address your concern? Commissioner Sarnoff It does, but there are some people that I'm aware of in the City that are providing draft ordinances of other cities for issues that the City's working on, and I could see an interpretation being suggested that the RFP was based on the draft ordinance, and I think prudence, we've been doing things this way for a while, is to get a clean slate going so that both events happening by January 1, 2008. Yeah, that exception will still exist, but it's a very wide net that you're casting out. You may collect some fish you may not intend to catch. Vice Chairman Sanchez: Well, the whole purpose is just to flat-out stop people from helping the City write these RFPs and then bidding on the job and getting the job. It's not fair, one; second, I think it's bad government;; third, it's bad policy, and it opens the doors for legal ramifications City ofMiami Page 22 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 for the City. That's -- this ordinance focuses on that, and the whole question is where do we draw the line? Do we draw it today or 30 days, or after the Mayor signs it, 30 days, it becomes a legislative law, or do we start that day? I am prepared -- and there's only three Commissioners here. I'm -- you know, it's the art of compromising to get this law, butt want to know the legal ramifications through the City Attorney as to what happens with that date. Mr. Fernandez: Legal ramifications is that ifyou -- Commissioner Sarnoff Provide technical data. Mr. Fernandez: -- pass it as -is in front of you, it becomes effective the moment the Mayor -- the time passes for the Mayor to object or signs off which means that anyone who's caught in the middle, in the pipeline, is barred from being considered for a contract. Mr. Hernandez: Commissioner, however, I do totally concur with -- the way this is written today, the main intent is that we would not have a consultant, for example, doing an RFP for the City and then applying for that same project. That, we do not do as a matter of practice. There was the issue that we're all aware of but the Procurement Department is very much aware and is very aggressive in not allowing that to happen today. I think what Commissioner Sarnoff is referring to that there may be some other procurement processes dealing with areas where we collect information, where we use market research. It's more in that area than in the RFP area - Vice Chairman Sanchez: Well, in that area -- Mr. Hernandez: -- and it's just -- Vice Chairman Sanchez: --I could understand that. I mean, you're going to do research. I just -- the whole purpose is not to have a company, not to mention any names -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- help prepare the language for the RFP, and then bid on it and get it, so if it's technical research and the language is in this ordinance, I think it's protected and I'm fine with it. If the Commissioner's not fine with it, then I'm -- Mr. Fernandez: And then -- Vice Chairman Sanchez: -- prepared to accept his amendment. Mr. Fernandez: -- but this is already provided in the ordinance. Let's make clear, Mr. Manager. The ordinance says this provision that we're talking about, the barring, does not apply to circumstances whereby the City engages non -City employees or firms to collect or provide industry comments, conduct market research, or provide technical data; very specific on those three items, and that is already contemplated. The City can continue to go to anybody out there that -- to provide those three limited things. Vice Chairman Sanchez: All right. Let's do something here. There's four Commissioners. I'm prepared to move it as is, and then ifI don't get the votes, then, you know, I'll accept the amendment. So move as is presented on second reading. There's no second. I mean, you're the Chair, Commissioner Sarnoff. Is there a second? Commissioner Sarnoff I'm not -- I'm -- I've -- I again provide my friendly amendment to the January I start date. City ofMiami Page 23 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: Can we accept it with the friendly amendment? Vice Chairman Sanchez: All right. My motion didn't -- well, you're the Chair. Commissioner Spence -Jones: You're the Chair. Commissioner Sarnoff So -- Vice Chairman Sanchez: My motion didn't get a second, so it dies. Commissioner Sarnoff -- right, so now I -- do I hear a new motion proposed? Vice Chairman Sanchez: I'll -- my motion with the friendly amendment of the date stated on the record, and I want you to state the date for the record. Commissioner Sarnoff The date that I'd like to amend would be to January 1, 2008 effective date. Vice Chairman Sanchez: I accept your friendly amendment. Commissioner Sarnoff Okay, so now there is a second to that? Commissioner Spence -Jones: Second. Commissioner Sarnoff All in favor, please say "aye." Commissioner Regalado: It's an ordinance. Priscilla A. Thompson (City Clerk): This is an ordinance. Commissioner Sarnoff Oh, it's an ordinance. Ms. Thompson: This is -- Commissioner Sarnoff I apologize. Vice Chairman Sanchez: Now, but this ordinance brings it -- Mr. Fernandez: As to the amendment. As to the amendment, that was a properly made motion, seconded, and passed. Now, when -- Vice Chairman Sanchez: Wait a minute. Mr. Fernandez: -- you want to consider the ordinance, then I'll read the entire ordinance as amended. Vice Chairman Sanchez: But hold on. Here's the legal question I have. Does this bring it back to first reading? Mr. Fernandez: No, no, it doesn't. It doesn't require it. It could still pass on second and final reading. Vice Chairman Sanchez: All right. Mr. Fernandez: And I believe that you have already asked for comments from the public? City ofMiami Page 24 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Sarnoff Oh, I'm sorry. Any comments from the public? Hearing none, seeing none -- Mr. Fernandez: And so then, as amended. The Ordinance was read by title into the public record by the City Attorney. Commissioner Sarnoff Madam City Attorney -- City Clerk. Vice Chairman Sanchez: Roll -- Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4/0. City ofMiami Page 25 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 FR.1 07-01257 District 4- Commissioner Tomas Regalado ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-5 ENTITLED "BUILDINGS/IN GENERAL/WAIVER OF FEES," TO EXEMPT SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01257 Legislation FR.pdf 07-01257 Legislation SR.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, 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: We did RE.9, right, Madam City Clerk? Vice Chairman Sanchez: Done, done. Jorge L. Fernandez (City Attorney): That is done already. Chairman Gonzalez: That's done. All right. All right. Let's go into -- Vice Chairman Sanchez: Board appointments? Chairman Gonzalez: -- board appointments. Priscilla A. Thompson (City Clerk): FR.1. Chairman Gonzalez: No, no. We have -- we did SR.1. We need to do FR.1. Ms. Thompson: Correct. Chairman Gonzalez: Waiver of fees, senior citizens. Very important. Very important for the senior citizens. Commissioner Regalado: And you know, Mr. Chairman, ifI may? The Commission supported this -- Vice Chairman Sanchez: Three years ago. Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- three years ago, and then two years ago. Somehow, this ends every year; I don't know why, so we have here a situation that we need to fix. Number one, that we know, three senior citizens have fix their Code enforcement issues and done what the City requested, using this ordinance, and they were exempt from the fees. They qualify. They have their 50,000, $75, 000 homestead exemption, 65 older, and income less of 23, 000, but looking at the files of Code Enforcement, there are many that doesn't know that they can use this, and what they have done is that they have contracted a company to do the work, and then the company says, okay, I'll get the permit, and they have to pay the permit while this ordinance was for them, so I don't -- I would think that the right thing to do would be whenever there is a Code City of Miami Page 26 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 enforcement case or whenever someone wants to do -- when there is a Code enforcement case, which are many of these cases, they should have a note saying there is a City ordinance that exempt senior citizens that qualify with a double homestead exemption that the fees for any permit will be waive by the City, and then at the Building Department there should be a clear sign that says, attention senior citizens that qualify with this and this criteria. their fees will be waive, because I think that three persons is good, but it's not enough. Chairman Gonzalez: It's not enough. Commissioner Regalado: You know, three families were able to use this, but I think that other residents in the same situation have gone unnoticed by the City and by them, and you know, this is something -- I mean, the Legislature just last night modified Governor Crist project on taxes to include elderly, 65 years old, double homestead exemption residents. We have in the City of Miami 9,000 homeowners that qualify as senior citizens double homestead exemption, 65 over, under $23, 000 of income; 9,000 residences in the City ofMiami itself so I'm just saying that it would be nice to have when somebody is given a Code enforcement letter to say, senior citizens can apply for this, and also at the Building Department 'cause they may contract a company and the company just charge the building permit to them. That's -- Chairman Gonzalez: Go ahead. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. We had it on the notice of violations; is on both letters. It's a different type of lettering. In every notice of violation there is a statement to that effect, and as -- that was as per the instruction from the Commission way back. Vice Chairman Sanchez: In all -- Chairman Gonzalez: Okay. Vice Chairman Sanchez: -- three languages? Mr. Loret de Mola: Beg your pardon? Vice Chairman Sanchez: In all three languages? Commissioner Spence -Jones: In all three languages? Mr. Loret de Mola: In all language. Chairman Gonzalez: All right. We should also place a sign at the -- at Building and Zoning, which you have a sign there that, you know, people -- Commissioner Spence -Jones: Will at least know, yeah. Chairman Gonzalez: -- can read. All right. It's an ordinance. Do we have a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Gonzalez: And we have a second. It's 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. Mr. City Attorney. City ofMiami Page 27 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Fernandez: Yes. Just for the record, what Commissioner Regalado was mentioning is, in fact, not part of the ordinance or amends the ordinance. Chairman Gonzalez: Right. Mr. Fernandez: Those were suggestions being given to the Administration on how to implement it because the ordinance otherwise is not amended, and on first reading -- and by the way, we have eliminated the sunsetting provision that was in it in year's past, so now, by passing it, it would become permanent in the books. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Gonzalez: Mariano Loret de Mola, we have a notice of violation here that doesn't have the notice of the exception from the senior citizens. Mariano, do you have that exemption for the senior citizens printed in all your -- Mr. Loret de Mola: Yes. Chairman Gonzalez: -- notice of violations? Mr. Loret de Mola: Yes, sir. That may be an old form, all right. Chairman Gonzalez: We don't have one here. We have one here -- Mr. Loret de Mola: All right. Chairman Gonzalez: -- that doesn't have it. Mr. Loret de Mola: What year is that, Commissioner? Chairman Gonzalez: October 2, 2007. Mr. Loret de Mola: It can't be because it's printed on both letter. Let me take a look. Chairman Gonzalez: Could it be that that only applies to residential use, right, and this is a commercial property? Is this a commercial property? Commissioner Sarnoff It is commercial. Chairman Gonzalez: It is a commercial property. That's why. Mr. Loret de Mola: Yeah, this is a commercial property, yes. Chairman Gonzalez: That's what it is. Mr. Loret de Mola: Yes. City ofMiami Page 28 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Regalado: It only applies to -- Chairman Gonzalez: To residential. Commissioner Sarnoff Residential. Commissioner Regalado: -- homestead -- Mr. Loret de Mola: Residential. Chairman Gonzalez: Homestead, homestead. Commissioner Regalado: -- exemption. Commissioner Sarnoff Sorry about that. Mr. Loret de Mola: Yes, that's what it is. Chairman Gonzalez: All right. Let me have it back so I can give it to the Commissioner. Thank you, Mariano. Thank you. Appreciate that. City ofMiami Page 29 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 RESOLUTIONS RE.1 07-00438B RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A CITIZENS' BILL OF RIGHTS; PROVIDING THAT THE AMENDED CHARTER MAY BE REORGANIZED AND RENUMBERED; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29, 2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. 07-00438B Legislation.pdf 07-00438B Exhibit.pdf 07-00438B Summary Form.pdf CONTINUED Item RE.1 was continued to the Commission meeting currently scheduled for November 8, 2007. RE.2 07-01207 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NUMBER ONE TO AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES, BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY') AND FLAGSTONE ISLAND GARDENS, LLC (THE "DEVELOPER"), IN SUBSTANTIALLY THE ATTACHED FORM, ("ADDENDUM NO. 1"), EXTENDING THE DATE OF COMMENCEMENT OF WORK ON THE WATER AND/OR SEWER FACILITIES, TO ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF EXECUTION OF SAID ADDENDUM NO. 1; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FUTURE ADDENDA TO THE AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN THE COUNTY, THE CITY AND THE DEVELOPER UPON THE CONDITION THAT THERE ARE NO COSTS TO THE CITY FOR ANY SUCH FUTURE ADDENDA. City ofMiami Page 30 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 07-01207 Legislation.pdf 07-01207 Exhibit.pdf 07-01207 Exhibit 2.pdf 07-01207 Summary Form.pdf 07-01207 Pre-Attachment.pdf 07-01207 Pre -Attachment 2.pdf 07-01207 Letter.pdf 07-01207 Pre -Attachment 3.pdf 07-01207 Agreement.pdf 07-01207 Legal Description.pdf 07-01207 Location Sketch.pdf 07-01207 Exhibit B Of Agreement.pdf 07-01207 Pre -Attachment 4.pdf 07-01207 Text File Report.pdf 07-01207 Pre -Attachment 5.pdf 07-01207 Letter 2.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0581 Chairman Gonzalez: Okay. RE.2. Vice Chairman Sanchez: That one -- that one's -- is scheduled for 10:30, Mr. Chair. Priscilla A. Thompson (City Clerk): No. Vice Chairman Sanchez: Properly advertised for 10:30. That's PH.2? Ms. Thompson: Yes. That's fine. Vice Chairman Sanchez: Yeah. Ms. Thompson: He with -- I thought he said RE (Resolution) -- Did you say RE, sir? Chairman Gonzalez: I said RE.1 -- RE.2. RE.2. Can we take that now? Ms. Thompson: Um -hum. Chairman Gonzalez: Okay. RE.2. Madeline Valdes (Assistant Director, Asset Management): Good morning. Madeline Valdes, Department of Public Facilities. RE.2 is a resolution authorizing the City Manager to execute an addendum number one to the agreement for water and sewer facilities between the City of Miami, Miami -Dade County, and Flagstone Island Gardens. This agreement extends the date of commencement work for the water and sewer facilities for 180 days from the date of execution. This -- Chairman Gonzalez: All right. Ms. Valdes: -- further authorizes the City Manager to execute any future addendums upon the condition that there're no additional costs to the City for any future addendums. City ofMiami Page 31 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 RE.3 07-01208 Department of Capital Improvements Program Chairman Gonzalez: All right, so we're only talking about time here. Is there a motion on the item? Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff Second for discussion. Chairman Gonzalez: Second for discussion. You're recognized. Commissioner Sarnoff I just want to understand -- when will rents start? When the rental start, where the City ofMiami starts receiving rent payments? Ms. Valdes: In the commencement of construction. Commissioner Sarnoff So there's no specific date? Ms. Valdes: We understand commencement in construction will occur some time in April 2008. Commissioner Sarnoff That's when the commencement of --? Ms. Valdes: Yeah. Chairman Gonzalez: Any further discussion on the item? Commissioner Sarnoff No, sir. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $825,000, FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS, HISTORIC PRESERVATION INITIATIVE, PROJECT NO. B-30546, TO COVER THE COSTS OF ADDITIONAL WORK REQUIRED TO COMPLETE THE RESTORATION AND REHABILITATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS, TO BE COMPLETED BY THE DEPARTMENT OF OFF-STREET PARKING; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-01208 Legislation.pdf 07-01208 Summary Form.pdf 07-01208 HD Allocation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0582 City ofMiami Page 32 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 RE.4 07-01209 Department of Capital Improvements Program Chairman Gonzalez: RE.3. Ola O. Aluko (Director, Capital Improvements Program): Good morning, Commissioners. Chairman Gonzalez: Morning. Mr. Aluko: RE.3 is the approval of funding allocation of $825, 000 from the Homeland Defense/Neighborhood Improvement Bond funds historic preservation initiative for the Gusman Center for the Performing Arts. On August 28, 2007, the Bond Oversight Board recommended that $825 -- $825, 000 from the Homeland Defense/Neighborhood Improvement Bond funds be used for this purpose. All historic preservation initiative funds have been allocation. Therefore, no further balance is available. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Commissioner Sarnoff Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES, FOR THE "LITTLE HAITI PARK CULTURAL CENTER, PROJECT NO. B-30295," TO AUTHORIZE ADDITIONAL MANAGEMENT SERVICES FOR OVERSIGHT OF PROCUREMENT AND INSTALLATION OF AN EXPANDED SELECTION OF ARTWORK, IN AN AMOUNT NOT TO EXCEED $200,000, INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $13,960,000 TO AN AMOUNT NOT TO EXCEED $14,160,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30295. City ofMiami Page 33 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 07-01209 Legislation.pdf 07-01209 Exhibit.pdf 07-01209 Summary Form.pdf 07-01209 Master Report.pdf 07-01209 GMP Amendment To Agreement.pdf 07-01209 Master Report 2.pdf 07-01209 GMP Amendment To Agreement 2.pdf 07-01209 Construction Manager Agreement.pdf 07-01209 Policies & Procedures Manual.pdf 07-01209 Punch List.pdf 07-01209 Certificate Of Substantial Completion.pdf 07-01209 Final Certificate Of Payment.pdf 07-01209 Performance & Payment Guarantee Form.pdf 07-01209 GMP Amendment To Agreement 3.pdf 07-01209 Materials Stored At Project Site.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-07-0583 Chairman Gonzalez: RE.3 -- I'm sorry, RE.4. Ola O. Aluko: Thank you. Ola Aluko, director of Capital Improvements, City ofMiami. This is to authorize the City Manager to execute amendment number three for the existing construction manager at -risk agreement for James Pirtle Construction Company. The funds, which is $200, 000, will be allocated to the contractor to oversee and manage the installation of artwork in the Little Haiti Cultural Art Center. This increase in their contract would not exceed $200, 000, for a total sum of $14,160, 000. Commissioner Spence -Jones: So moved. Chairman Gonzalez: All right. We have -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- a motion, and we have a second. Vice Chairman Sanchez: Just a question. Mr. Aluko: Yes. Vice Chairman Sanchez: I -- as you have seen through the City, I mean, we -- we're really putting a lot of money into the Parks Department, and this is going to be art that's going to be placed at the parks. I just want an assurance that the Parks Department has the funding to maintain these art pieces. Mr. Aluko: The Parks Department is aware of the various art pieces within the facility. As to whether they have the funding to maintain it, I'll have to defer that to the Parks director. I would Commissioner Spence -Jones: I can also -- Aluko: Okay. City ofMiami Page 34 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: -- add. I do know, to my understanding from the Manager and through the Parks director, if I'm not mistaken, that there is, as a part of the overall operating budget, a maintenance -related line item that will handle this. Is that correct? Pedro G. Hernandez (City Manager): Commissioner, yes, there is, but I would like to have maybe Ernest put that on the record also. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. We also have -- are getting ready to hire a consultant who's going to come on board by the end of the month to talk about the programming and what is actually going to be needed and how we should go forward to give us some direction and help us in that direction, but we will be able to maintain. Commissioner Sarnoff Let me ask you a question then, Ernest. Who decided what art to buy, and how did we come up with the artwork that we're going to be placing in there? Mr. Burkeen: That's what we're going to use the consultant for, to assist us in that information. Commissioner Sarnoff So it's not been decided what the artwork is? Mr. Aluko: No, Commissioner. Ola Aluko, director of Capital Improvements. No. The artwork has not been decided, Commissioner. As Ernest just mentioned, this consultant, in conjunction with the contractor and the design architect, will decide the specific artwork, and the only thing that has been decided thus far is just the parameters as to the number of art pieces in the building. That's all. Commissioner Sarnoff So we have a set number of amount -- in other words, we know the amount and -- Mr. Aluko: Yes. Commissioner Sarnoff -- you know the numbers of artworks you have, and then now you're going through the process of deciding, by hiring a consultant, what artwork will go there? Mr. Aluko: That's correct. Commissioner Spence -Jones: Okay, and let me also just add too. This is a process that we've been working on in my district for the last six months. There is a committee that I wanted to put in place for Little Haiti for the new park that's going there to make sure that the cultural complex had authentic art from the community, by the community, or at least in the surrounding community, so there's been a committee that's been working with us for the last six months. Every last Tuesday of the month, we meet at Notre Dame on several issues; art was one of them. There's a whole committee that would become a part of this whole process, so I just wanted to be very clear because I understand that there was concerns about what was selected and how it was selected. This -- these -- I want to be very clear with the CIP (Capital Improvements Program) director. This -- these are my quality of life dollars too that are going to be used towards this park, correct? Mr. Aluko: That is correct. Commissioner Spence -Jones: And when the plan was put in place for the cultural complex, no one considered art as a part of it, even though we know that Haitian culture, one of the main things that they're known for is Haitian art, correct? Mr. Aluko: That's correct. City ofMiami Page 35 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: Okay, so I just wanted to make sure that we didn't open up a state-of-the-artpark and not have art in it, so that is the reason why we would have a special community -driven selection process that will work along with the consultant to make sure that happens. Mr. Aluko: That is correct. Vice Chairman Sanchez: My question has been clearly answered. My concern is just to make sure that we have the proper maintenance for these art pieces. If there's one thing that we lack is art in public places in the City, and I think that we're heading in the right direction. The last thing that we want to see is that we put nice art pieces out there, and one, they're vandalized; two, they're defaced, because it just makes our city look bad. It makes the Parks Department look bad, so I just want to make sure that we have the proper tools in place to make sure that those art pieces are protected and well -maintained. That's the only concern that I have on this item, and that item has been clearly addressed. Mr. Aluko: Very well. Commissioner Spence -Jones: Thank you, Commissioner Sanchez. Chairman Gonzalez: All right. Is there -- Mr. Aluko: Thank you. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." Do we The Commission (Collectively): Aye. Chairman Gonzalez: -- have a second? Okay. Motion carries. RE.5 07-00921 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("TENANT") AND COLUMBUS PROPERTIES, INC. A/K/A COLUMBUS PROPERTIES, INC., OF ALASKA, AN ALASKA FOR -PROFIT CORPORATION ("LANDLORD"), FOR THE USE OF THE ORIGINAL APPROXIMATELY 2,585 RENTABLE SQUARE FEET OF ORIGINAL SPACE IN PH-1B (THE "ORIGINAL PREMISES") PLUS AN ADDITIONAL APPROXIMATELY 1,485 SQUARE FEET OF RENTABLE SPACE IN PH-1 C (THE "EXPANSION PREMISES") FOR A TOTAL OF APPROXIMATELY 4,070 SQUARE FEET OF RENTABLE SPACE OF THE PROPERTY LOCATED AT 155 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, (THE ORIGINAL PREMISES AND THE EXPANSION PREMISES BEING COLLECTIVELY THE "TOTAL PREMISES"), FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE CIVILIAN INVESTIGATIVE PANEL SUBJECT TO THE FOLLOWING: 1) LANDLORD, AT ITS COST AND EXPENSE, SHALL MAKE CERTAIN CAPITAL IMPROVEMENTS TO THE EXPANSION PREMISES IN ACCORDANCE WITH SPECIFICATIONS OF TENANT; 2) TENANT EXERCISES ITS OPTION TO EXTEND THE ORIGINAL LEASE TERM FOR THE TOTAL PREMISES FOR AN ADDITIONAL FIVE-YEAR PERIOD WITH AN EXPIRATION DATE OF MAY City of Miami Page 36 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 31, 2013 (THE "AMENDED LEASE TERM"); 3) UPON POSSESSION OF THE EXPANSION PREMISES, TENANT SHALL PAY ANNUAL BASE RENT OF $22.00, PER RENTABLE SQUARE FOOT, OR $2,722.50, MONTHLY, FOR THE EXPANSION PREMISES; 4) COMMENCING JUNE 1, 2008, THE ANNUAL BASE RENT FOR THE TOTAL PREMISES SHALL BE $22.66, PER RENTABLE SQUARE FOOT, OR $7,685.52, PER MONTH, AND THEREAFTER SHALL BE INCREASED BY 3% ANNUALLY FOR THE TOTAL PREMISES FOR THE REMAINDER OF THE AMENDED LEASE TERM; ALLOCATING FUNDS, FROM THE GENERAL FUND, ACCOUNT CODE NO. 12100.950101.534000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. 07-00921 Legislation.pdf 07-00921 Exhibit.pdf 07-00921 Exhibit 2.pdf 07-00921 Exhibit 3.pdf 07-00921 Exhibit 4.pdf 07-00921 Summary Form.pdf 07-00921 Comparables To Office Space.pdf 07-00921 Pre-Legislation.pdf 07-00921 Division Of Corporations.pdf 07-00921 UCC Filing & Search Services.pdf 07-00921 Letter.pdf 07-00921 Application.pdf 07-00921 State Of Alaska Certificate.pdf 07-00921 2007 For Profit Corp Annual Report.pdf 07-00921 Lease Agreement.pdf 07-00921 Floor Plan.pdf 07-00921 Landlords Work.pdf 07-00921 Janitorial Services.pdf 07-00921 HVAC System.pdf 07-00921 Detail By Entity name.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-07-0584 Chairman Gonzalez: RE.5. Madeline Valdes (Assistant Director, Asset Management): Madeline Valdes, Department of Public Facilities. RE.5 is a resolution authorizing the City Manager to execute a first amendment to the lease agreement between Columbus Properties and (UNINTELLIGIBLE) Justice Investment Associates and the City, to provide approximately 1,485 square feet of office space at 155 South Miami Avenue for the Civilian Investigative Panel. The original use area was 2,585 square feet, a total use would be approximately 4,070 square feet. The landlord shall, at his own cost and expense, make certain capital improvements to the expanded area. The City is exercising its option to extend for a five-year term, with an expiration date ofMay 31, 2013. The City will pay $22 per square foot, for a total of $2,722.50 for the expanded area. The commencement of the -- excuse me, commencing June 1, 2008, the rent shall be increased by three percent for $22.66, and thereafter, three percent every year. City ofMiami Page 37 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: All right. Is there a motion on the item? Discussion? Commissioner Sarnoff So moved. Vice Chairman Sanchez: Second. 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. Ms. Valdes: Thank you. RE.6 07-01206 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF VERONICA ALLEN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $213,372.68, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-01206 Legislation.pdf 07-01206 Cover Memo.pdf 07-01206 Memo.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-07-0585 Chairman Gonzalez: RE.6. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman, Commissioners. RE.6 is a settlement of a worker's compensation claim against the City, the terms of which have been explained to you, and they're outlined there. Chairman Gonzalez: Is there a motion -- Commissioner Sarnoff So moved. Chairman Gonzalez: -- on the item? Commissioner Regalado: Second. City ofMiami Page 38 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RE.7 07-00913 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PROVIDING FOR THE ISSUANCE, IN ONE OR MORE SERIES, OF THE CITY'S SPECIAL OBLIGATION BONDS; PROVIDING THAT SUCH BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT, BUT SHALL BE PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES NOT DERIVED FROM AD VALOREM TAXES; PROVIDING FOR THE ISSUANCE OF THE FIRST SERIES OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $80,000,000, TO BE DESIGNATED CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS, SERIES 2007 (STREET AND SIDEWALK IMPROVEMENT PROGRAM) ("SERIES 2007 BONDS"), FOR THE PURPOSES OF (i) FINANCING THE COSTS OF ACQUISITION, CONSTRUCTION AND IMPROVEMENTS TO CERTAIN ROADWAYS AND STREETSCAPES AS DESCRIBED HEREIN (ii) FUNDING A DEPOSIT TO THE RESERVE FUND FOR THE SERIES 2007 BONDS, AND (iii) PAYING THE COSTS OF ISSUANCE OF THE SERIES 2007 BONDS; PROVIDING FOR THE ISSUANCE OF ADDITIONAL SPECIAL OBLIGATION BONDS AND SPECIAL OBLIGATION REFUNDING BONDS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS; DELEGATING TO THE CITY MANAGER AUTHORITY TO DETERMINE THE TERMS OF THE SERIES 2007 BONDS WITHIN PRESCRIBED PARAMETERS; DESIGNATING A BOND REGISTRAR AND PAYING AGENT FOR THE SERIES 2007 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND BOND REGISTRAR AGREEMENT; FINDING NECESSITY FOR A NEGOTIATED SALE OF THE SERIES 2007 BONDS; APPROVING THE FORM OF AND AUTHORIZING EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE FORM OF AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2007 BONDS; PROVIDING FOR A BOOK ENTRY ONLY SYSTEM WITH RESPECT TO THE SERIES 2007 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AND OBTAIN CREDIT FACILITIES AND RESERVE ACCOUNT CREDIT FACILITIES AND TO EXECUTE AGREEMENTS RELATING THERETO WITH RESPECT TO THE SERIES 2007 BONDS; PROVIDING FOR A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT TO THE SERIES 2007 BONDS; AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2007 BONDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. City ofMiami Page 39 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Votes: 07-00913 Legislation.pdf 07-00913 Exhibit.pdf 07-00913 Exhibit 2.pdf 07-00913 Exhibit 3.pdf 07-00913 Exhibit 4.pdf 07-00913 Exhibit 5.pdf 07-00913 Exhibit 6.pdf 07-00913 Exhibit 7.pdf 07-00913 Exhibit 8.pdf 07-00913 Exhibit 9.pdf 07-00913 Exhibit 10.pdf 07-00913 Exhibit 11.pdf 07-00913 Exhibit 12.pdf 07-00913 Exhibit 13.pdf 07-00913 Exhibit 14.pdf 07-00913 Exhibit 15.pdf 07-00913 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0586 Direction by Commissioner Sarnoff to the City Manager to provide a general report to the Commission as to the average square footage cost the City ofMiami bills for construction and provide justification for same. Chairman Gonzalez: RE.7. Mr. Manager. Diana Gomez: Diana Gomez, Finance director. This is a resolution to request that the City Commission adopt the attached resolution authorizing the issuance of special obligations bonds, Series 2007, Streets [sic] and Sidewalk Improvement Program, in an amount not to exceed $80 million in aggregate principal. The Series 2007 are being issued for the purpose of paying the cost of acquisition, construction, and improvements to certain roadways and the sfreetscapes. The resolution delegates the City Manager the determination of certain matters and details concerning the bonds, including negotiating and obtaining municipal bond insurance policy and debt service reserve surety for these bonds. Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: All right. Mr. Hernandez: -- ifI may add. We have been working with yourself the Commissioners, on the improvements to be carried out with this program of bonds, and we have a listing that is more, I would say, proportionately even that we have been discussing. However, I'm going to be sure that before we proceed with the issuance of these bonds, that I will visit with each one of you to be sure that we have the improvements that you do desire out of these bonds; that the list is -- meets your approval. Commissioner Sarnoff With that said -- Chairman Gonzalez: All right. City ofMiami Page 40 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Sarnoff --I can make the motion. Chairman Gonzalez: Okay. You want to make a motion? Commissioner Sarnoff I'll make the motion. Chairman Gonzalez: All right. Commissioner Spence -Jones: And I'll second. Chairman Gonzalez: We have a motion, and we have a second. You will have your chance to speak. Also, I'm reading here there is sidewalk replacement. Mr. Manager, sidewalk replacement. I don't want you to limit this to sidewalk replacement, okay? Because we need to build new sidewalks, and we need to -- as a matter of fact, we need to build a lot of sidewalks in areas where we never had sidewalks, so -- and I don't know -- Mr. Hernandez: Mr. Chairman -- Chairman Gonzalez: -- if you have the same case in your districts, but I'm sure that you do. I have many areas in my disfrict that they never had a sidewalk, so if we only limit this money to replacement, then we will continue to have these areas without sidewalks. Mr. Hernandez: Mr. Chairman, the construction of new sidewalks is an eligible improvement under the program. It is. Chairman Gonzalez: Yeah, but it says sidewalk replacement only. It doesn't -- Ms. Gomez: No. It says -- Chairman Gonzalez: -- say -- Ms. Gomez: -- excuse me. Chairman Gonzalez: -- construction of sidewalk. Ms. Gomez: It says "but not limited to" those items. It says that there -- on the last paragraph of page B-6. You're saying -- "where such project components cannot be constructed as provided above, such other roadway sidewalk improvements, as may be determined by the City, including, but not limited to sidewalk replacements." Chairman Gonzalez: Resurface, as well restoration. Ms. Gomez: Right. Chairman Gonzalez: Okay. All right. Very good. We have a motion, and we have a second, and we under -- you understand that each Commissioner wants to select their own projects. They don't want the Administration selecting what we need in our disfrict because the Administration doesn't know our district as we know them, so we should be the one telling you, Mr. Manager, I want this road and this road and this road and this sidewalk and this improvement and this other improvement. Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: Do we all agree on that? City ofMiami Page 41 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: Yes. Commissioner Sarnoff Yes, absolutely. Commissioner Spence -Jones: Mr. Chairman, ifI can just add -- Vice Chairman Sanchez: (UNINTELLIGIBLE) comments. Chairman Gonzalez: Exactly. Commissioner Spence -Jones: Mr. Chairman -- and I'm glad that you made that comment. I was briefed by the CIP (Capital Improvements Program) director, along with the City Manager, and I was assured that the overall amount that we're approving today, we'd have the flexibility on key projects. I do understand there are some projects, however, that we've already started on, for instance, in my disfrict, that we need to be able to complete. We just can't shift monies around and not complete those projects, so as long as there's a clear understanding that the money will be made available to at least complete what we started, whether or not it be this first phase or the second phase of these dollars that are coming down, I'm perfectly okay with it. I do know that there was some communication about certain projects that were happening -- that's happening within my district and the certain dollar amounts that could have been applied for some of -- for those dollars, butt understand that we will have the flexibility to make the adjustments. I believe that's why one of my constituents is standing to the mike to -- there's a project that we've been working on also for the last six months -- another one of the committees that have within my disfrict in the Little Haiti area regarding the Little River Industrial Park, and that's something that they've been meeting on for months that they want to make sure that we're moving in the right steps to make sure the project happens, so I've already assured them this morning that that will happen. You assured me again; we put it on the record, and now the Chairman now is saying the same thing; that we need to make sure that you sit down with each and every one of us to make sure our projects get handled. Mr. Hernandez: Commissioner, you're totally correct. Chairman Gonzalez: Yes, ma'am. Good morning. You're recognized. You have two minutes. Silvia Wong: Yes. My name is Silvia Wong. My husband and -- Manny Wong, and I have property and business in the Little River Industrial Park area, or the Little River Business District. We, as the Commissioner has said, have been meeting for months with Capital Improvements, John De Pazos, who has been working very hard with us to use the allocated $2 million to improve our area. Now our area has hundreds of employees that will be, hopefully, using the Little Haiti Park that is now costing the City and the taxpayers over $40 million, so we do want to make sure we get the $2 million that were originally allocated, but according to this first phase, we're only getting less than $190, 000. Now as you know, Commissioner, this area is in dire need of improvements, better landscaping and sidewalks. We have some places that do not have sidewalks, and the lighting that will really definitely make the Little Haiti Park a much better and safer place surrounded by our Little River industrial area, and so we do not want to wait for the second phase. All I know is that we had been promised the two million with your help and with Capital Improvements' help, and it'll be another, you know, black eye for the City when the thousands of constituents around this Little Haiti Park and around the Little River Business District realize that we're only going to get a hundred ninety million because -- a hundred ninety -- Commissioner Spence -Jones: A hundred eighty-one. Ms. Wong: -- thousand. There is no guarantee that the second phase, which will be the other $70 million of this bond, will come through and that we will get that 1.8 million that was City ofMiami Page 42 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 promised to us. Commissioner Spence -Jones: Can I --? Silvia, I think that the Manager and the Chairman has already cleared up your concerns, so -- Chairman Gonzalez: Right. Commissioner Spence -Jones: -- we're definitely going to make sure that the projects get addressed, and especially around the Little Haiti Park. That was the whole purpose of us even formulizing the community. I'm not really sure how the number 181 got out, so -- was that --? Ms. Wong: It's on the Internet. Commissioner Spence -Jones: Okay, so -- Chairman Gonzalez: All right. You have to work that out with your Commissioner, and your Commissioner -- Commissioner Spence -Jones: So that was actually put out before we even had a discussion. That's the why -- reason why the Chairman has just stated earlier that before anything happens in any one of our districts regarding these dollars, that they need to sit down with us and discuss it. That was his opening statement before you spoke -- Ms. Wong: Yes. No, I -- Commissioner Spence -Jones: -- so that will -- we will make sure that that happens -- Ms. Wong: Please. Commissioner Spence -Jones: -- but thank you for -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- coming out and putting your information on the record. We truly appreciate it. Ms. Wong: Okay. Thank you -- Chairman Gonzalez: Thank you -- Commissioner Spence -Jones: Thank you. Ms. Wong: -- all very -- Chairman Gonzalez: -- very much. Ms. Wong: -- much. Chairman Gonzalez: All right. All in -- Yes, Commissioner Regalado. Commissioner Regalado: One question. What is the timeline of obtaining the real money in the City's hand? Ms. Gomez: Yeah. The -- mid -December, if everything goes according to schedule, meaning we can finalize and the projects and everything and issue -- right now, the tentative date is City ofMiami Page 43 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 mid -December. Commissioner Regalado: Mid -December. Ms. Gomez: December, um -hum. Commissioner Regalado: Okay. Now when is Capital Improvement going to be able to take control of these projects, or are we are going to depend on the same -- Commissioner Spence -Jones: HDR (Henningson Durham and Richardson). Commissioner Regalado: -- consultants and project managers of the past? Ola O. Aluko: Ola Aluko, director of Capital Improvements. Commissioner, in all actuality, we started on certain projects in certain districts, so that answers the first question. The second question is are we going to maintain the same pro -- the cer -- the same project managers. By virtue of us starting, yes, we are maintaining them, but we've started to phase down our project managers, and we're bringing on City -- we're hiring City staff to oversee the construction of these streets and other future projects. Does that satisfy your question? Commissioner Regalado: No. I guess what I'm frying to find out is are we going to be able to keep up the money coming in and the projects being done? Because we're still have a delay in a lot of projects, and the problem that I see is the problem that we saw in the past. Ifwe have not finished some of the projects, then the Manager will budget the future projects in talks with the different area Commissioners, but how 'bout [sic] if we have some issues of projects that are now being done that run over the budget, and then we have to start taking, as we did before, money from the planned projects, which, in turn, we have already promised to the people? It is -- we just don't want, you know, the sequel to what happened before, and then us cutting projects, cutting -- 65 projects were cut less than a year ago because the money was needed to finish projects. That's my whole thing about -- you know, and I frust that you have a new leadership of the department, but you inherit a lot of projects that -- like the traffic circle that you and I visited. Now that traffic circle is done, but you, yourself said, well, we have to do it again. We have to do the whole thing again in terms offlooding because it was done wrong, and that's the problem that I see. I'm a little concerned about promising. I mean, Silvia had something in the Internet that we didn't know about, and you know, I guess everything is on the Internet, but now we are in this situation that it will be very difficult to promise a project if we don't know if we're going to need more money for the projects that were started before. Mr. Aluko: I believe -- Mr. Hernandez: Commissioner, ifI may. Director, allow me. There's a significant difference between, let's say, the HD, Homeland Defense, you know, phase one and the street bonds here. The projects that we're moving forward with are projects that have better definition, are designed, are completed, so the cost estimates are based on a final product, rather than an estimate based on a plan with design to be done, so we're working with more solid figures. The risk of overrun would be less in this program than in the HD program, and what we wanted to focus on is that we were holding on to the issuance of the bonds until we actually had projects that were well-defined and well costed out. Ola, if you want to add. Mr. Aluko: Just -- what you said, Mr. Manager, is correct. I just want to make a clarification. The Manager mentioned that these are project estimates. They were allocations, and these allocations are based on projects that were similar in the past. Now, of course, there is a escalation factor that needs to be added onto that. Being that I was not part of -- or we were not part of that allocation exercise, I'm not certain if the escalation was included. However, very much similar to what the Manager said, these are better allocations than what we had in the City ofMiami Page 44 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Homeland Defense funds. Commissioner Regalado: Okay. Chairman Gonzalez: All right, but let me tell you. By my own experience -- this is by my own experience -- the only way that you're going to get your projects moving is if you're on top of them, and even being on top of your projects every day, they don't deliver the projects on time. You don't -- you could not realize the amount of frustration that I have with the CIP Department. Commissioner Spence -Jones: Mr. Chairman, ifI can -- Chairman Gonzalez: You don't realize -- you could never realize my frustration with this department to the extent that I used to ask them when my projects were going to be completed; now I don't even do that because it's a total disregard, and Mr. Manager, now that we are on the subject, I hope that the City ofMiami will never again give a project to the company that built Maceo Park because let me tell you. If we give those people another project, I don't know what we deserve. I know what we deserve, but I can't say it publicly, okay? After we -- after all we have gone through with that project, I could not imagine you giving another contract to these people. Mr. Hernandez: Mr. Chairman, all I can say to that is that, obviously, in considering future awards, it's not only a question of a low bid; it's got to be a question of past performance, and that will be indicated as to -- if we have to bypass a firm like that that may have a low bid but a poor performance -- Chairman Gonzalez: But not only -- Mr. Hernandez: -- we won't recommend -- Chairman Gonzalez: -- that. We should establish a system here that whenever we issue a contract, if people comply with the contract on time or ahead of time, they should be rewarded. If people do not complete a project on time, they should be penalize daily by certain amount. That's something that we need to establish in this city because that's done on private enterprise. That's why government doesn't function. Because you know what? It's the people's money and nobody cares. Mr. Hernandez: Commissioner -- Chairman Gonzalez: Nobody cares. Mr. Hernandez: -- what I can say to that is that in our contracts we do have liquidated damages for delays. We can also consider the addition of let's say, bonuses if they finish in advance. That's another tool that is available, and we'll consider it, definitely. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman, I have one comment to -- and I agree with you, Mr. Chairman, and unfortunately, Ola, you're receiving the -- how do you say it? -- blunt of it all -- brunt of it all because you're picking up on a department -- I can say -- 'cause I always like to acknowledge folks that do a good job -- all of the projects that you have been working on in my district have started on time, and they are moving, and your department is very responsive to many of the requests that we have, so I want to at least acknowledge that. I think it's important because you stand there and you have to listen to it fi^om all of us, and a lot of times you're really following up on somebody else's -- what somebody else started, but I do want to at least put this on the record because we just voted on a budget, and I got beat down in my back office when we City ofMiami Page 45 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 started talking about what we needed to lose staffing on and departments that needed to lose staffing, and whatever the case may -- or cut back, and I said, when we were talking about all of the capital improvement projects that we have coming up and the fact that we had lost all those employees in that department -- my comment was, well, I don't want to hear from anybody when these projects are not moving and we don't have the proper staffing to get these projects done. I don't want it to fall on the CIP director because he didn't have what it took or the items or the people he needed to move the projects when the consultants weren't available to make them happen, so I just want to put that friendly reminder out to everybody sitting up here. You know, we voted on a budget that reduced staff to assist them on key little projects that we have going on in our district, and -- all of our districts -- in the end, you know, it's all going to fall back on the CIP director when he does not have the staff to do his job. Okay, that -- I want to make sure I put that on there because I think it's important to say this, and then none of us are talking about - - and I'm glad that Commissioner Regalado mentioned -- and I'm glad that Commissioner -- our Chairman, our great Chairman, mentioned, you know, this whole issue of other past projects associated with this consultant that was doing a lot of these projects, HDR. If we all recall, not even three months ago, I believe, or a little less than three months ago, we just voted on this person's contract, but it's going to be coming back in front of us, I'm assuming, in the next six months, correct? Mr. Aluko: January. Commissioner Spence -Jones: Okay, January, so you know, these are all things that we need to consider when we talk about we want projects to move ahead and we don't have the staffing that's -- at least the staffing in place to assist with the department to get them done, and then we have this thing floating over our heads about HDR and their ability to pull off projects. Now, personally, with HDR, I had a lot of issues last year, and Mr. Manager, you know I did. MLK (Martin Luther King) Boulevard, I stayed on it because of the things that they were supposed to complete that did not get done, so I'm just waiting for January to get here to see how we're going to handle not having the staffing that's necessary and not having a consultant, or the right consultant to do the right work, but with that being said, thank you, Mr. Chairman. I really appreciate your -- Mr. Hernandez: I think it's -- Commissioner Spence -Jones: -- thoughts -- Chairman Gonzalez: Thank you. Commissioner Spence -Jones: -- and your wisdom on it. Mr. Hernandez: Mr. Chairman, if -- Commissioner Sarnoff Wait. Mr. Chairman. Sorry. You want to --? Vice Chairman Sanchez: No. I'll yield to you. Commissioner Sarnoff I'll yield -- Chairman Gonzalez: Vice Chairman Sanchez and then Commissioner Sarnoff. Vice Chairman Sanchez: All right. Mr. Chairman, every time that you have a large amount of money going to projects, there's always going to be a lot of eyes on that, and at times, I think that the process that we follow here is something that we've all learned from past experience from the first bond issuance that we had problems. I think the bottom line is that the people we represent hold us accountable for these projects, and therefore, we must hold people accountable for those City ofMiami Page 46 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 projects, whether it is the people that we hire through bids to do those projects, but at the end of the day, I think everyone's fingerprints are on these projects. Of course, we're the ones that hear itfrom the public when things don't go right, or when there's overruns, as we have in the past, so I think that when we have a situation like this, the only thing that comes to my mind is that we've learned from our experiences. Miami has gone through some growing pains. As a matter of fact, if you say the -- elaborate on the history of the City ofMiami, it's said in very short chapters. We never had the opportunity before to do so much with the public trust that the voters gave us to get these projects done, so my only advice to you, Executive Director, and to the Manager, I think that the message has been very clear from the Commissioners. We need to stay on top of these projects to make sure that they -- they're done as clearly described; that there is no cost overrun, and there is safety guard -- safeguards in place to make sure that, at the end of the day, these projects are done, and we don't have another black eye, as we did with other projects, where we had millions of dollars in overruns, so that's only -- I think the -- if this Commission is giving you and the Administration any marching orders here is to stay on top of these projects. I know that we will because we have to be on top of these projects to make sure that, at the end of the day, the residents ofMiami see that that project has been completed and that there wasn't any overrun, and you know, they would be proud of their government, so I just wanted to elaborate a little bit on that, butl also want to say that when this project came up, there were some concerns, and I am one that likes to have plenty of meetings with the department heads and with the Administration before we come to the Commission, so 99.9 percent of the time those issues are ironed out and we don't need it to get this debate up here, although they're healthy debates at time, but I'm glad to see that this was worked out, and I think that the message from all the Commissioners is that we all have to work together to make sure there are no embarrassment to the City ofMiami and the taxpayers. Thank you. Mr. Aluko: Thank you, Commissioner. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff Ola, do you have adequate staff? Mr. Aluko: Commissioner, given the projects that we have on, yes. However, once this issuance is attained, our projects need to move quickly. The plan, based on what Commissioner Spence -Jones just mentioned, is we will be ramping up on staff. We are billing staff directly to projects, as opposed to the general fund, as we've done in the past, so ifI were to bring on staff today, I will have no means to pay staff. However, as soon as these projects do get on line, we will have staff available to execute these projects -- Commissioner Sarnoff Now -- Mr. Aluko: -- but we will speak with the Manager, and ifI do recognize that my staff will not be adequate, I will be speaking with the Manager to support me on that. Commissioner Sarnoff So I understand what you're telling me that you're actually billing -- is it a consultant or is it an actual City ofMiami employee to the project? Mr. Aluko: When these projects do come on line, it will be a City ofMiami employee that will be billed to this project. Consul -- if we do have consultants, which will be minimal, those consultants also will be billed to the project. Commissioner Sarnoff Okay. It's an interesting way of (INAUDIBLE). Chairman Gonzalez: I'm glad that you asked that because my next -- Commissioner Sarnoff It's interesting. City ofMiami Page 47 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: -- question was going to be how much -- what percentage of this money is going to be used for administration? Commissioner Sarnoff Right. Chairman Gonzalez: So you hit it right on the nail. All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: RE.8. Mr. Hernandez: If you allow me. I have to speak on this subject. I think the keyword here is expectation, and I want to be sure that we all move forward with the realistic -- Commissioner Spence -Jones: Right. Mr. Hernandez: -- expectation of any project. What I found when I came to the City over a year ago is that the expectations did not meet the ability or the resources to get things done. I felt that you had been promised too many things that were unattainable, and that created a conflict with what you were expecting to see and what CIP could actually deliver. I've been working with the department, with my staff so that we are realistic on what we plan. It's -- you know, we don't want you -- to make you happy by having you hear what you want to hear; for us to say, yeah, it can be done in six months. We have to get realistic with time, with cost, and then deliver on that, and we must be accountable, there is no question, but I think that we all have to be on the same page, and I wanted to relay that because that was my experience of what I've seen here over the last 15 months. On the issue of overruns, obviously, with HD, Homeland Defense, it was put together hastily at the beginning. There was a lot of monies allocated to projects without really design work done, so there was a lot of guesswork in advance. If you realize that, then you know you're going to have a lot of issues at the end. The use of consultants. We are moving away from the use of the program manager as we had it before because I felt that we had consultants at too many layers, and we want -- I want to have City employees actually directly supervising the consultants that we use as inspectors in the field. I don't want consultants supervising consultants, and I'm getting away from that. Also, I want to add that I'm committed, the staff is committed. We'll add the necessary staff to make the projects go, and I think that it's wise for us to report to you, at least, on a monthly basis so we know where we stand. In construction, sometimes you will run into problems. That's expected to happen, but it's best if we know in advance and we -- and you know and we know what the issues are, what are the options, so I'm committed to satisfying all your concerns and the expectations, and there are many things also -- I mean, I know we tend to harp on the negatives sometimes. I want to do it all right. Sometimes it's difficult. There are many good things that are getting done, and there are many good projects that are coming out of the ground and getting done, and we have to also be harsh on contractors that don't deliver. That's very important. Performance is the key. You should not be just low bid, and I just want to stress our commitment, sir. Chairman Gonzalez: I -- Vice Chairman Sanchez: But -- Chairman Gonzalez: -- understand what you're saying about expectations, but I think that you City ofMiami Page 48 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 can't deny that I'm right about what I'm saying about my projects because I know how long it takes to build a 5,000 square foot building. I know. I know because I have built, and I have built not a building, a 5,000 square foot building for a community center. I have been involve on building 30 and 50 units, homes, and when a project that is supposed to take one year to get built takes two years to get built, I have a serious problem with that. Mr. Hernandez: You're correct. Maceo -- Chairman Gonzalez: A project that was supposed to be finished -- let me finish -- next June -- and I'm talking about Fern Isle Park. When I ask you to bring the develop -- the contractor to my office with his staff and your staff then all of a sudden, the project has been completed in October, okay? But let me tell you. We should not be in the business of having meeting with construction companies and developers and -- that's not our business. Mr. Hernandez: I agree. Chairman Gonzalez: That's your responsibility and your people responsibility. When I have a pump station in Flagami that was supposed to be delivered back in January and we still are not - - we're in October, and it's not delivered yet, I do have a serious problem with that, and that is not expectation. Mr. Hernandez: No, that understand. Chairman Gonzalez: Because you know what? Because do you know what? You know what? I go by my projects every single day, sometimes twice on the day, and there have been many, many, many days that have gone by my projects and I haven't seen anybody working on the project, and you know what the reason is? And I know the reason, and you may not know the reason. The reason is that they have three or four different jobs lined up, and they abandon the City job to go and do the private job because the City is secure. It won't cost them anything, so let's take care ofMr. Sarnoff that he's going to pay me tomorrow, and let the City wait, okay. That's reality. It's not a matter of perception. It's a matter of reality. Vice Chairman Sanchez: Mr. Chairman, ifI -- Chairman Gonzalez: Vice Chairman. Vice Chairman Sanchez: -- may. I think the word you're focusing on, realistic. I just want to echo on what the Chair has elaborated to. Realistically is when there's a project and you tell any one of us that that project is going to be completed in `X" amount of days and it's going to cost "X" amount of dollars, and there is overruns and it's not completed at that day, and we hold community meetings because all of these projects basically have had community meetings, and you tell people, well, you know, based on the Administration's advice and recommendations by the experts -- because we're no experts when it comes to architect and construction -- this is the day the project is going to be completed, and it's going to be `X" amount of dollars, and then, you know, we're the ones -- once again, when I say we're the ones, I say the entire City, and I'm not one to be -- I'm not a negative person. I don't like to criticize, but that's -- the issue is that people think that we didn't come through with it, so I think the word thatl want to focus on is accountability, and if you hold those firms or those companies to a certain date, whether they're -- you create some type of initiative where if you're able to complete the job, we'll give them a bonus. As a matter of fact, it saves you money at times to provide them with money for them to finish the project; they continue to work with the additional cost, the inconveniences that add on, and I think that is something that we could look into. It just continues to be -- and that's why I focused on this and told you we've learned from our mistakes. Let's not do the same mistakes this time around, so once again, it's accountability, and I'm going to hold the department head and the City Administration accountable for these projects -- City ofMiami Page 49 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Hernandez: Yes, sir. Commissioner Sarnoff Mr. Chair. Vice Chairman Sanchez: -- not the construction companies. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff I have a different question, and my background is not construction. I want to stress that, and I want to stress that I have built nothing in my life. I don't -- do not have your experience, but I do have some semblance of understanding of what it costs to build a building. I know private industry can put up what you would like to call a community center for about $150 a square foot. My question is why does it cost the City ofMiami $400 a square foot? I mean, where does the two and a half times factor come in? I understand what a bond is. I think you all do too. I may be talking about a bondable building at 150 a square foot, I may not, but it doesn't justify two and a half times the cost that private industry would incur. Is there any way you can get back to us to explain why it is it's $400 a square foot for the City ofMiami, but for private industry, it's about 150 a square foot? Mr. Hernandez: Commissioners, we can take a closer look at it. I don't think that's the case on Maceo or the new one that we're planning to do at -- Mr. Aluko: That's not -- Mr. Hernandez: -- Grapeland -- Mr. Aluko: -- the case at Grapeland. Mr. Hernandez: -- but let's take a look at it. Chairman Gonzalez: All right. Mr. Hernandez: Obviously, I think that government work is going to come in higher than private sector work. There are many things that government requires that in the private sector you may not find that are going to force a project to be a certain percentage higher, and we can give you more detail on those issues. Commissioner Sarnoff Okay. Mr. Hernandez: Now it shouldn't be two and a half times. Commissioner Sarnoff No, and that's my question. I mean, I would expect government to be -- if -- let's say private industry was 150 a square foot, I can understand -- Chairman Gonzalez: Maybe 200. Commissioner Sarnoff -- 200, $225 a square foot -- Mr. Hernandez: Yes. Commissioner Sarnoff -- but I could -- but I don't see the next jump, and I look at projects, and I think we may be going through some of them today, and I look at your soft costs. They're staggeringly high; 26.2 percent is just an understood number in the City ofMiami that you take a million dollars and you -- let's say it's a million dollar project. It's going to cost you $262,000 City ofMiami Page 50 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 of soft costs. It could be a $100, 000 project, and that same -- what is it? That would be two thou -- or the numbers would just come down to $26,000, and I don't quite understand, when I look at the scope of the work, you know, it's re -stuccoing a building. It's putting -- you know what? It's one of the ones we just approved. It was the Gusman Center, and Gusman was the changing of 825,000 in total; $155, 000 of soft costs, and I want to understand because I'm a neophyte at this. I'm not the most educated Commissioner on construction, and I want to understand why government is that soft costs are so high, and I do want to understand. I don't want to make light of somebody by not understanding something, but to put in new audience chairs, like we have here, and to do some stucco work, who got paid $155, 000 to figure that out? Mr. Hernandez: Commissioner, I don't know if the soft costs in this case basically applies now to the total amount of work they're doing. The 500 and the 825, I would have to go back and take a look at it. Now, in this case, we're dealing with a historical building. You're going to expect to pay more. I mean, there are factors that are particular to every project, but do understand your concern, and I'll take a further look and let you know, report back to you. Commissioner Sarnoff Could you put it for a report? Mr. Hernandez: Yes. Commissioner Sarnoff In other words, so that -- Mr. Hernandez: Yes. Commissioner Sarnoff -- you could report back to us what is the average square footage cost the City ofMiami bills for, and then what are the reasons for that? In other words, do we require a performance bond? Do we require a time bond? Do we require some supernatural worker's comp insurance? Do we require --? I mean, I don't know. I mean, I know what private industry requires. I don't know what cities require -- Mr. Hernandez: Right. Commissioner Sarnoff -- and I can't figure out the two and a half times cost factor. Mr. Hernandez: No. I would say probably you could expect, I don't know, maybe, I'm guessing, at 25, 30 percent more -- Commissioner Sarnoff That's what would have thought. Mr. Hernandez: -- and that's because of all the, I would say, paperwork that you have to deal with -- Commissioner Sarnoff Right. Mr. Hernandez: -- with government -- Commissioner Sarnoff Right. Mr. Hernandez: -- but it shouldn't be two and a half times, and the cost per square foot is going to vary depending on the type of construction, whether it's renovation, whether it's new, et cetera, but think it would be a good idea just to provide a general report. Commissioner Sarnoff Yeah, and I'm trying to keep apples to apples. I'm talking about building -- of the cinderblock, roof center. That's about 150 a square foot. City ofMiami Page 51 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Hernandez: Okay. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Very briefly. The reason that we're having this conversation is because we have adopted a policy in the past that we need to move on; turn the page and move on, and you see, the Capital Improvement director came here with all the will and all the energy to do the right thing, but the problem is that the Capital Improvement director, by himself has to go with me to a traffic circle for about one hour and fifteen minutes with his assistant and walk and see, oh, my God, and then the Capital Improvement director had to go three times in person with his staff -- he left his office -- to the 64th Avenue project, which is the biggest project in District 4, from Southwest 8 to Tamiami Canal Road. You know why? Because everything that was done was wrong, everything. Not only the company doing the project before he came in knocked down two FPL (Florida Power & Light) poles and the area went black during two days, not only they hijack a house because they dig a french around the house and people were not able to leave the house. They started calling for help because they have not even a driveway to come in and out, so they had to jump -- they had to get a piece of wood and park on the street and come in and jump. Everything was done right, so now we're using his time to see the things that were wrong, and we still say, no, we have to move on. Somebody has to pay for this. Somebody has to be sue. Somebody has to get fired. I don't know, but the fact of the matter is that we cannot continue saying, okay, well, you know, or what. Because what I'm -- what my concern is that all these future plans that we all want to do and that the Manager and that Ola wants to do get the same treatment that we get in the past. Okay, you -- consultant, you take care of that, and we will be looking at it when it's done, and when it's done, it wasn't done. I just Ola, I just want you to talk briefly about the 64 Avenue project. I mean, you know 'cause you've been there, and I've been there like I don't know so -- how many times, and I can just not understand you're saying that they're finishing already there. Mr. Aluko: I believe the 64th Avenue project was a resurfacing -- milling and resurfacing and also drainage improvement project. Yes, the contractor, unfortunately, did take longer than usual to install the required work. In certain cases, the drainage was not installed adequately, meaning that there may have been some additional survey required. After my visit with my staff and consultant, we realized that some additional drainage would be required in that area, and you are correct. There was a resident who had been complaining that due to another major infrastructure work that we were doing on that street, her Swale had not been restored in over several months. I've come to learn that the work had not been totally completed. The punch list work had not been totally completed. That's why the Swale was not restored back to the original state, but after a second visit with the resident, we had promised her that as soon as the work is completed, we will restore her Swale back to the original. Commissioner Regalado: But you understand because you saw that house. That house has been unaccessible [sic] for one year almost, and the family -- I mean, what can I tell these people? I've been to that house. I've sat with them, but to sat [sic] with them, I had to jump over the trenches, and they can -- one year, all year. It's incredible, so I'm just saying, you know -- and I really appreciate what you did because at least you went in person there and you've done -- and you've gone several time, but my point is that we're using your time to fix the wrongs, you know, and nobody is accountable. We haven't said, hey, somebody really made a big mistake here, you know. That's -- that was my point. Chairman Gonzalez: All right. Mr. Aluko: In terms of accountability -- I'm sorry -- we have begun to take -- to hold the architects or engineers accountable for the design work, and as soon as we complete that, we will pursue accountability on the contractor's end. Chairman Gonzalez: All right. Thank you. City ofMiami Page 52 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 RE.8 07-01169 District 2- Commissioner Marc David Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 03-205 IN ITS ENTIRETY; ESTABLISHING MINIMUM QUALIFICATIONS FOR PUBLISHING, ON AN AS -NEEDED ROTATIONAL BASIS, CITY OF MIAMI SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY -BASED NEWSPAPERS; FURTHER AUTHORIZING THE CITY CLERK TO QUALIFY AND INCLUDE ADDITIONAL COMMUNITY -BASED NEWSPAPERS ON THE LIST WHEN DEEMED APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO SET FORTH CRITERIA FOR QUALIFICATIONS BASED ON CERTAIN CIRCULATION AND PUBLICATION INFORMATION; ALLOCATING FUNDS FROM THE BUDGETS OF INDIVIDUAL USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS. 07-01169 Legislation.pdf 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-07-0589 Chairman Gonzalez: RE.8. Commissioner Spence -Jones: Mr. Chairman, are you going to do the public hearing, or you want to go back to that? Chairman Gonzalez: No. This is resolutions. We're going to go back to the public hearing in a minute. Let me -- Commissioner Spence -Jones: Okay. Chairman Gonzalez: -- finish the resolutions. Vice Chairman Sanchez: RE.8 -- Commissioner Spence -Jones: That's -- Vice Chairman Sanchez: -- is Commissioner Sarnoffs. Commissioner Spence -Jones: Sarnoffs, and he's in the restroom. "[Later...]" Vice Chairman Sanchez: All right. Madam Clerk, the Chair is not here. I'm taking back the gavel. Where are we at? Priscilla A. Thompson (City Clerk): You have FR.1-- Vice Chairman Sanchez: All right. Ms. Thompson: -- and you also have RE.8. City ofMiami Page 53 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Vice Chairman Sanchez: All right. Let's do RE.8, and then we'll go to FR.1. Commissioner Spence -Jones: Did we do SR.1 already? Ms. Thompson: Yes. Commissioner Spence -Jones: Okay. Vice Chairman Sanchez: RE.8. Commissioner Spence -Jones: Commissioner Sarnoff. Vice Chairman Sanchez: RE.8. Commissioner Sarnoff, you're recognized. It's a resolution. That's the newspapers. Commissioner Sarnoff Oh, right. I'm sorry. Apologize. This is the newspaper resolution that would allow us to provide an as -needed rotational basis for courtesy public notices in community -based newspapers, and I think there may be an amendment -- a friendly amendment that I'd be willing to entertain. Commissioner Spence -Jones: Yeah. I just have to -- first of all, I want to commend you on -- Vice Chairman Sanchez: All right. Before we do that, is there a motion? Commissioner Sarnoff Oh, so move. Vice Chairman Sanchez: All right. Commissioner Regalado: Second. Commissioner Spence -Jones: Sec -- okay. Vice Chairman Sanchez: There's a motion, there's a second. Wait. Do you know -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- what the friendly amendment is? Commissioner Spence -Jones: Yeah. I got to tell you what it is first. Vice Chairman Sanchez: OK. Put the friendly amendment on the floor. Commissioner Spence -Jones: Slow down, Speedy Gonzalez, slow down. Yes, I'd like to offer a friendly amendment to your item. The first one is -- I would like to amend the provision that requires three years of tax returns to make it two years of tax returns. This goes along with whatever you -- what you've proposed already in there, so it just provides the balance, and then the second part of that amendment is -- which is the Section 3 area, which pertains to the waiver to be inserted after the Spanish or Creole language. I'd like for that reference to read "Or whose primary circulations in the African American community." That's the only two amendments I'd like to have. Vice Chairman Sanchez: All right. Does the maker of the motion accept the two friendly amendments? Commissioner Sarnoff Yes. City ofMiami Page 54 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Vice Chairman Sanchez: Okay. The item is under discussion. Any further discussion on the item? I have some questions on this. Commissioner Spence -Jones: Okay. Vice Chairman Sanchez: I would like to know how the advertising is going to be rotated among the little newspapers, and will the rotation be fair? Commissioner Spence -Jones: That's a Clerk question. Vice Chairman Sanchez: Clerk. Ms. Thompson: Sir, as is required in the resolution, you have given the duty and responsibility to the City Clerk to make sure that those ads are given on a rotational basis, and we use individuals from that list, the approved list, and we have set up a computer program whereby we list all our -- all of the papers. We set up a rotational program based upon complimentary notices, not our official notices, but complimentary, and what we do, if it's a general circulation type notice, we go to our next person or paper that's supposed to get the notice. If there's something specific to a particular district, to a particular category to something specific, then we look at that paper with the circulation that will touch on that area or that subject, then we move on to the next individual, but we do have a database program that we've set up that we make sure to compare who has gotten what, what area, and all of those kinds of things. Vice Chairman Sanchez: And what's the minimum circulation going to be? Ms. Thompson: Minimum circulation, if I'm not mistaken, with our amendment, is going to now be 3,000 copies. Vice Chairman Sanchez: And how do we verify that? Ms. Thompson: Because they have to complete an affidavit, and they have to give us a circulation report -- Vice Chairman Sanchez: Okay. Ms. Thompson: -- they have to give us a report from their counter; everything that's specified here in the criteria. Vice Chairman Sanchez: All right. Is that an additional cost impact to your office? Ms. Thompson: No, sir. Vice Chairman Sanchez: There's no additional cost? Ms. Thompson: No. Vice Chairman Sanchez: All right. No further question on the item? Commissioner Regalado: Well, but -- Vice Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. You're not the only one placing ads -- official ads; Community Development is too. City ofMiami Page 55 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Ms. Thompson: We -- what we're talking about here are just community -based newspapers, not official ads. The -- Commissioner Regalado: I understand that, I understand that, but Community Development has many issues that pertain to one district, so why we have a criteria for the official notices of the City Clerk. We should apply the same criteria to Community Development, because after all, they publish many, actually every month. Commissioner Spence -Jones: Yes. Ms. Thompson: And this doesn't preclude them from using those papers, 'cause we give a list -- Commissioner Regalado: I understand that, but they use them as well, as they think they want to use it, and they should use the same program that you have, so if it pertains to one district, you go down. If it's citywide, you do this; you do everyday, but say that Community Development has several items on District 5. Well, the logical thing is not probably go to the mainstream media, but to the local paper, but that we don't control, and they just do it as they want to. Jorge L. Fernandez (City Attorney): Well, the --I don't know the particulars, but I can only surmise, and I would look into it and report back to you that to the extent that Community Development is dealing with federal funds, federal funds may have attached to it certainly requirements specific to publication with regard to any of their programs and the like, and -- that may not necessarily comport to the -- Commissioner Regalado: So explain to me how you can see one Community Development -- a ad about some funding for a project on a daily newspaper, and you can see it on a weekly newspaper, or you can see it on a monthly newspaper. Mr. Fernandez: I can't explain that. Commissioner Regalado: Exactly, you cannot explain it because they do it at will. They just pick -- and my point is that to be fair -- because if the City is spending the same money that the City Clerk is spending is the same money that the Community Development has spent -- Commissioner Spence -Jones: And just -- Commissioner Regalado: -- and if we're going to be fair, we should use the same -- Commissioner Spence -Jones: Criteria. Commissioner Regalado: -- criteria. Commissioner Spence -Jones: Yeah. Commissioner Regalado: That's all that I'm saying. Commissioner Spence -Jones: And I want to add. It's not just only CD (Community Development), but you have the Parks Department, whenever they have activities or function that take place, they also do advertising all yearlong. You also have, at one time, Economic Development was doing the same thing, so you have several departments that advertise outside of the Clerk, so I guess what Commissioner Regalado's stating now let's make this a process for all the City -base -- all the City departments that do have the advertise. Commissioner Regalado: It only makes sense. City ofMiami Page 56 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: Can we do that, Mr. Manager? Mr. Hernandez: I'm sorry. Say that -- I was frying to confer with the City Attorney on that same subject. Commissioner Spence -Jones: Commissioner Regalado's point, he's really talking about CD and their issues, and I -- and making sure that their advertisements also fall in the same line of what we're passing now, andl understand the CityAttorney's viewpoint, which is, you know, HUD (U.S. Department of Housing and Urban Development) may have different regulations of what they have -- how -- what the circulation and all of that is, but there are some instances where CD does advertise where that is not an actual requirement. In other departments, such as Parks Department, Economic Development Department -- I mean, each person -- even Police Department, different people advertise throughout the City ofMiami. Can we just make this -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- become available for all -- Mr. Hernandez: Exactly what is discussed -- Commissioner Spence -Jones: -- the City -based departments? Mr. Hernandez: That's exactly whatl was discussing with the City Attorney that, in essence, we have to meet the official notification requirement; that we need to do -- Commissioner Spence -Jones: Right. Mr. Hernandez: -- but know that, for example, Community Development or maybe Parks, they go beyond that, and then they have these courtesy announcements -- Commissioner Spence -Jones: Yeah. Mr. Hernandez: -- and when they do that, then we should follow the requirements -- Commissioner Spence -Jones: They should all be told to do the same thing. Mr. Hernandez: -- the criteria that we now have here. Commissioner Spence -Jones: Right. Commissioner Regalado: See, courtesy notes are not mandated by federal -- Mr. Hernandez: Right. Commissioner Regalado: -- state -- Mr. Hernandez: Right. Commissioner Regalado: -- County or City. They are courtesy, and my point is that someone in any given department decides, oh, I'm going to place advertising in that particular -- Mr. Hernandez: Beyond the official requirement. Commissioner Regalado: -- beyond the official requirement, and -- City ofMiami Page 57 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Hernandez: And I agree that we should follow the same criteria. Commissioner Regalado: -- we should follow the same criteria, because that's the only way to be fair. That's all I'm saying. Mr. Hernandez: That's fine. Vice Chairman Sanchez: All right. Any further discussion on RE.8 with the friendly amendment? No further discussion. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. All right. It's a resolution, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Chairman, you have the gavel back. Chairman Gonzalez: Thank you. RE.9 07-01252 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BENTLEY KILLMON, JARED ALDRICH, PAUL BAME, STEFANO BLOCH, STEVEN DIAMOND, COLLEEN FLYNN, FARAH FOSSE, GAN GOLAN, ERNESTO LONGA, MICHAEL MCLEAN, DAVID MITCHELL, JAMES MOORBY, MICHAEL PITULA, LAUREL RIPPLE, CYNTHIA ROSIN, CALEB SELMAN, AUSTIN STEWART, MIKEL STONE, IVAN WELANDER, VICTORIA WELLE, AND LARRY WINAWER, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $166,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED BENTLEY KILLMON, ET AL. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 04-20707-CIV-ALTONAGA, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-01252 Legislation.pdf 07-01252 Cover Memo.pdf 07-01252 Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-07-0587 Chairman Gonzalez: Okay. RE.9. City ofMiami Page 58 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Vice Chairman Sanchez: RE.9. Jorge L. Fernandez (City Attorney): Yes. RE.9 is a settlement of a lawsuit that arises out of the FTAA (Free Trade Area of the Americas) situation that occurred in Miami four or five years ago. It's a settlement that disposes of one of the largest group of lawsuits -- claimants, 21 of them, and we believe that this settlement, without any admission of liability or without admit -- you know, absolutely our position is that our police department acted at all times appropriately, but to in fact undertake the litigation and pros -- and the defending of all of these lawsuits in federal court, I believe that the amount for which we're finally negotiated the settlement is certainly in the best interest of the City. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: So move. Chairman Gonzalez: Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 59 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 BOARDS AND COMMITTEES BC.1 07-01217 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: 07-01217 memo.pdf 07-01217 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Chairman Gonzalez: All right. BC.1. I'm deferring my appointment, and the Mayor has four nominees? Priscilla A. Thompson (City Clerk): I didn't receive anything from him. Chairman Gonzalez: All right. BC.2 07-01216 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Thomas Cobitz Civilian Investigative Panel Michelle Delancy Civilian Investigative Panel Cornelius Shiver Civilian Investigative Panel 07-01216 memo.pdf 07-01216 members.pdf 07-01216-Applications. pdf City ofMiami Page 60 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 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-07-0591 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Thomas Cobitz, Michelle Delancy, and Cornelius Shiver as members of the Civilian Investigative Panel. Chairman Gonzalez: BC. 2. Priscilla A. Thompson (City Clerk): These are names proffered by the Civilian Investigative Panel to fill their three vacant positions. Chairman Gonzalez: All right. Do I have a motion on BC.2? Vice Chairman Sanchez: So move to appoint all three of them? Ms. Thompson: Yes. We can do -- Vice Chairman Sanchez: Okay. 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: Motion carries. BC.3 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: Mary Coombs Commissioner Marc David Sarnoff 07-01017 memo.pdf 07-01017 members.pdf 07-01017 nomination memo.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-07-0592 City ofMiami Page 61 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 A motion was made by Commissioner Sarnoff seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Mary Coombs as a member of the Community Relations Board. Chairman Gonzalez: BC.3. Commissioner Sarnoff you have one nomination. Commissioner Sarnoff That would be Mary Coombs. 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: Motion carries. BC.4 07-01214 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Allyson Warren Commissioner Tomas Regalado 07-00249 memo.pdf 07-01214 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-07-0593 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Allyson Warren as a member of the Community Technology Advisory Board. Chairman Gonzalez: BC.4. Vice Chairman Sanchez: Mr. Chairman, I have an appointment to that, and I would like to defer my appointment. Chairman Gonzalez: I'm also deferring mine. Commissioner Regalado? Commissioner Regalado: Allyson Warren, reappoint. Chairman Gonzalez: All right, and the Mayor has also one appointment. Priscilla A. Thompson (City Clerk): I haven't gotten any memos from the Mayor today. City ofMiami Page 62 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: All right. We have a proffer from Commissioner Regalado. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: Second. Commissioner Spence -Jones? Commissioner Spence -Jones: I'm deferring. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.5 07-01218 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-01218 memo.pdf 07-01218 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Commissioner Marc David Sarnoff Chairman Gonzalez: BC.5. I'm deferring mine. Vice Chairman Sanchez? Vice Chairman Sanchez: Defer. BC.6 07-01213 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 07-01213 memo.pdf 07-01213 members.pdf DEFERRED Chairman Gonzalez: BC.6. Commissioner Spence -Jones. Commissioner Spence -Jones: Deferring it also, sir. City ofMiami Page 63 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 BC.7 07-01219 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD TO SERVE A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Robert Valledor Vice Chairman Joe Sanchez 07-01219 memo.pdf 07-01219 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-07-0594 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Robert Valledor as a member of the Nuisance Abatement Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Robert Valledor as a member of the Nuisance Abatement Board. Chairman Gonzalez: BC.7. Vice Chairman Sanchez. Vice Chairman Sanchez: Reappoint with a unanimous waiver of -- Chairman Gonzalez: With all the waivers. Vice Chairman Sanchez: -- all the waivers, Robert Valledor. Chairman Gonzalez: Okay. We have a motion on a name proffer. Commissioner Regalado: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Priscilla A. Thompson (City Clerk): With waivers. BC.8 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. City ofMiami Page 64 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Votes: APPOINTEES: Marquita Forsett (appointed seat) Cathleen McGinnis (appointed seat) Pamela Ferguson (elected seat) Elijah Drinks-Covenas (youth member) NOMINATED BY: Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones 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 Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0595 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado , and was passed unanimously, to appoint Marquita Forsett, Pamela Ferguson, Cathleen McGinnis, and Elijah Drinks-Covenas as members of the Overtown Advisory Board/Overtown Community Oversight Board. Chairman Gonzalez: BC.8. Commissioner Spence -Jones. Commissioner Spence -Jones: I'm deferring -- oh. This is for the Overtown Advisory --? Vice Chairman Sanchez: No. Commissioner Spence -Jones: Yes. I have three names that I'd like to proffer. Priscilla A. Thompson (City Clerk): I'm sorry. Is your mike on? Commissioner Spence -Jones: Thank you, Madam Clerk. I have three names that I'd like to -- I'm assuming I have to proffer these names, correct? Ms. Thompson: We have -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: They've gone through the whole application process and all of that. City ofMiami Page 65 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: Right. Ms. Thompson: -- one youth application on file for you, and we have three adults. Commissioner Spence -Jones: Okay. Would you like for me to proffer these names? Ms. Thompson: It's entirely up to you. Commissioner Spence -Jones: Okay. First one is Pamela Ferguson. Chairman Gonzalez: All right. Ms. Thompson: Will she be going into appointed seat or filling an elected seat? Commissioner Spence -Jones: Elected. Ms. Thompson: Thank you. Commissioner Spence -Jones: Cathleen McGinnis is going into a appointed seat, and Marquita Forsett is the third person. Chairman Gonzalez: All right. We have three name proffers [sic] and a motion. Commissioner Regalado: Second. Ms. Thompson: We need one -- there's also your youth. Commissioner Spence -Jones: Okay. I don't have that name here. Ms. Thompson: Elijah Drinks-Covenas. Commissioner Spence -Jones: Okay. I'd like to proffer her [sic] name also. 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. BC.9 07-01215 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ernesto Santos Vice Chairman Joe Sanchez Robert Behar Vice Chairman Joe Sanchez Juan Carlos Jurado Commissioner Tomas Regalado City ofMiami Page 66 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 07-01215 memo.pdf 07-01215 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-07-0596 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Ernesto Santos,Roberto Behar, and Juan Carlos Jurado as members of the Urban Development Review Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Robert Behar as a member of the Urban Development Review Board. Chairman Gonzalez: BC.9. Commissioner Spence -Jones: I'm deferring my appointments, sir. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, I would proffer the name of Robert Behar and Ernesto Santos, both are incumbents, and I would move to reappoint both of them. Chairman Gonzalez: Okay. Priscilla A. Thompson (City Clerk): And Mr. Robert Behar will need a four fifth waiver for his absentees. Chairman Gonzalez: With the waiver -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- included. Vice Chairman Sanchez: With the waivers included, Mr. Chair. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Juan Carlos Jurado. Chairman Gonzalez: All right, and Commissioner Spence -Jones is deferring, so we have a motion on name proffer -- on names proffer. We need a second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.10 07-01232 RESOLUTION City ofMiami Page 67 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maurice Weiner Commissioner Marc David Sarnoff George Cozonis Commissioner Marc David Sarnoff 07-01232 memo.pdf 07-01232 members.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-07-0597 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Maurice Wiener and George Cozonis as members of the Coconut Grove Business Improvement Committee (BIC). Chairman Gonzalez: Coconut Grove Business Improvement Committee. Commissioner Sarnoff. Commissioner Sarnoff Maurice Weiner and George Cozonis. Chairman Gonzalez: All right. We have a name -- Commissioner Regalado: Second. Priscilla A. Thompson (City Clerk): Question for you, please, sir. Can you tell me which seats their filling? We have -- 'cause you have three? Commissioner Sarnoff Right. Two of the three. Ms. Thompson: Okay, so we will put Mr. George Cozonis -- Commissioner Sarnoff Cozonis, C-O-Z -- Ms. Thompson: Okay. Commissioner Sarnoff -- O-N -- Ms. Thompson: In the seat -- Commissioner Sarnoff -- I-S. Ms. Thompson: -- formerly held by David Collins, and then Maria -- Maurice Weiner in the seat previously held by Art Noriega -- Commissioner Sarnoff Correct. City ofMiami Page 68 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Ms. Thompson: -- and that will leave you one more, okay? Commissioner Sarnoff Good. Ms. Thompson: Thank you. Chairman Gonzalez: All right. We have a motion -- names proffered on 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. All right. That conclude the board appointments. DI.1 has been defer. City ofMiami Page 69 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 DISCUSSION ITEM DI.1 07-00724 DISCUSSION ITEM Department of A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING A Finance FINANCIAL UPDATE AND BUDGET OUTLOOK. 07-00724 Summary Form.pdf CONTINUED Item DI. I was continued to the Commission meeting currently scheduled for November 8, 2007. City ofMiami Page 70 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-01212 DISCUSSION ITEM DISCUSSION ABOUT CASE #98-7760 CA 23 - FOP AND VEGA (PLAINTIFFS) VS. CITY OF MIAMI AND FREDERICA BURDEN, RAYMOND CARVIL, RAYNARD GILBERT, JULIUS NELSON, DWAYNE PRATT AND WILLIE M. SMITH (INTERVENERS). 07-01212 Cover Memo.pdf DISCUSSED Chairman Gonzalez: The Mayor doesn't have any blue pages. I don't have any blue pages. Commissioner Sarnoff. No. I'm sorry. Commissioner Regalado, D4.1. Commissioner Regalado: Okay. Chairman Gonzalez: You don't have any items, do you? Vice Chairman Sanchez: Yeah. Commissioner Sarnoff I have pocket items. That's okay. Chairman Gonzalez: Oh, okay. Commissioner Spence -Jones: I have one, too. Chairman Gonzalez: D4.1, Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. This is a item only for discussion. This is an item that I discuss with the Manager and with the City Attorney, and the reason I'm -- I place it on the agenda is I guess that because -- as a person that has been dealing with the media, I have this sense of things that could become news and things that could become bigger, and just wanted to get the feeling of the City Attorney and the Administration in terms of City of Miami Page 71 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 this case. That's one reason. The other reason is because the City Attorney has stablish a policy of being very aggressive in settling cases. Every month he sends two of his brightest attorneys that are doing mostly risk management, but other cases to explain why we should settle, and it always make sense, and the more cases we settle, the better the City is for the future, and the more obstacles we get out of the way. Just on this agenda, we settle a very controversial issue, the FTAA (Free Trade Area of the Americas), where our Police Department was the leading agency of all the agencies in South Florida. It was explained to us; it made sense, and of course, we all support it, no question ask because it was the right thing to do, so it was -- it caught my eye one suit that has been going on since 1994, long before we all were here. I got here in '96, so two years before, so we can guess say -- well, it wasn't our doing, but nowadays the Police is focus of the attention, not only in Miami; throughout the United States because of problems with crime national -- at the national level, and this suit caught my eye because it has as part of it, Hispanics and Afro American, the two most bigger and sensitive communities that we have. In order to keep a balance in our community, we should respond to the needs of every community, and I am just curious -- and I know this is a complex case -- butl am just curious why we have not fry to settle this case. That is -- and I know that there is still litigation, but could tell you, when we approve the settlement of the FTAA events, I could have said to you, but there is still litigation, because we still have four cases pending on the court dockets of the FTAA, so the excuse of "they're still in litigation" is, I guess in this case, not applicable because we just approve a settlement or part of a settlement, and very happy to, but still we have cases in litigation, so my question is why so long and why cannot we settle and get this over with as part of the policy of the City Attorney of settling the case rather than going to court and facing a jury? Chairman Gonzalez: Mr. City Attorney, will you respond? Jorge L. Fernandez (City Attorney): Yes, certainly. Commissioner Regalado is absolutely correct. The City Attorney and the CityAttorney's Office has a very aggressive position when it comes to settling cases. However, it needs to be clarified that that position is aggressive only when, in our opinion, is in absolutely the best interest of the City ofMiami to settle those cases, but just as aggressive as we are about settling cases, we are equally as aggressive in defending the City against all lawsuits filed against the City by anyone, so our aggressiveness extends not only to settlement, but also to a defensive posture of -- that the City has taken, but the answer to the question is that Commissioner Regalado also alluded to the complexity of this case, and the fact that it has been going on for 12, 13 years, and the fact that there have been -- that this case is related to two other cases; one, which was disposed of, another one that arose as a result of the disposing of the first one of -- that emanated from the same task, from the same original issue. There has been an offer of settlement, and by the way, we have not only litigated this case, which is still in litigation. The settlement that has been proffered -- which I am still studying -- I am looking at the fiscal and at the operational consequences of the proposed settlement, and when I am ready to bring it to you, I think that the appropriate way of doing it is through a shade meeting. I will bring it to you so that can -- all ofyou, five of you together, hear the same presentation. I have briefed many ofyou. I don't know -- I can't recall right now if all ofyou have been fully briefed on the proposed settlement. We have a proposed settlement from the interveners. There are six police officers that intervene in the main lawsuit in the Vega, FOP (Fraternal Order of Police) Vega lawsuit, and the settlement offer that we have gotten has been from these six individuals. That settlement offer is being considered again against the backdrop of what is fiscally reasonable, as well as what is operationally feasible from the perspective of the client, and the client -- in this case, on your behalf the client is the City Police Department. As soon as we have fully analyzed that, we will bring it to you, and now, as usual, what do is recommend, and I do not hesitate, and I did not back off from my responsibility to recommend to you whatl deem to be legally prudent and in the City's best interest. At this point, I don't know that I'm ready to do that because I have not yet fully done the research to look at the operational impact that recommending to the City Commission the proposed settlement of these six individuals would have, and so I would be very happy to call for a shade meeting in short order. City ofMiami Page 72 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 This should not take, you know, an inordinate period of time, but in the context of litigation that has been going on for 13 year, again a few more weeks in this case would not result in anybody's detriment. Chairman Gonzalez: All right. Commissioner Regalado, you want to call for a shade meeting? Vice Chairman Sanchez: Could -- before -- Commissioner Regalado: Whatever -- it's up to the City Attorney because if he has something to offer, and we have something to decide, then I would love to. I'm encouraged for what he said that since we waited 14 years, now it's only a few weeks -- Chairman Gonzalez: All right. Commissioner Regalado: -- away, so I'm -- I just think -- look, I just think -- the reason that brought it here is because when -- if this gets to court, when this gets to court, it's bad press for the City because of-- it has all the elements. Me, as a journalist, I see this case with all the elements that it's a big story for what is behind it and all that, and that's the whole thing. Just to try to iron out a wrinkle in the Department's history, but I'm encouraged that the City Attorney says "weeks." Mr. Fernandez: Yes. Commissioner Regalado: You're saying weeks. Mr. Fernandez: Yes. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: All right. Vice Chairman Sanchez, and then Commissioner Spence -Jones. Vice Chairman Sanchez: Thank you, Mr. Chairman. I just have two questions and a recommendation. Question number one for the -- for point of clarification. You stated this is ongoing litigation? Mr. Fernandez: It certainly is. Vice Chairman Sanchez: Just answer yes or no on the question. Mr. Fernandez: Yes. Vice Chairman Sanchez: Okay, and you stated there's a proposed settlement being offered? Mr. Fernandez: Yes. Vice Chairman Sanchez: Okay. Those are my two questions, and they've been answered. My recommendation is that we -- when you're ready, have a shade meeting with the Commissioners, and from that shade meeting, we could decide where we go on your -- based on your recommendation. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Again, Commissioner Regalado's brought this issue up, so I'm really going to let him take the lead on the issue, butt just thought it was important for -- you know, I've been here for two years, and I think that maybe within the two-year period, we -- the City ofMiami Page 73 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 shade meetings that we have had have been really big issues that we've had to have a shade meeting. This is the first time I've seen us have a shade meeting on an issue like this, and I consider this to be a pretty small issue compared to some of the big issues that we had shade meetings on, but I'm not going to push on that issue because if that's what the agreement is -- and in the next couple of weeks, I'm assuming before the next Commission meeting, are we looking at having this shade meeting? Mr. Fernandez: I -- certainly. To me, it's -- we have done a lot of work and research and deliberation on this. Commissioner Spence -Jones: Just yes or no. Mr. Fernandez: Yes. The answer is yes -- Commissioner Spence -Jones: Okay -- Mr. Fernandez: -- in the next -- Commissioner Spence -Jones: -- so we would -- your proposal is to maybe have it come back to us at the next City Commission meeting or the first one in November? Mr. Fernandez: It could be done in your October 25, I believe, meeting -- Commissioner Spence -Jones: Okay, 'cause if -- Mr. Fernandez: -- and then you could convene a little bit earlier in the afternoon and then conduct a shade meeting. Commissioner Spence -Jones: Not a problem, as long as they don't have to wait another ten years to get an answer, then I'm fine with waiting another two weeks, so your recommendation is that we will be able to have it ready to go for October 25? Mr. Fernandez: Yes, the shade -- Commissioner Spence -Jones: Have something ready for -- Mr. Fernandez: -- meeting. Commissioner Spence -Jones: -- the shade meeting, and bringing it, hopefully, back in to -- front of the Commission. Mr. City Attorney, I'm trying -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- I'm talking to you and you -- Mr. Fernandez: I'm sorry, ma'am. Commissioner Spence -Jones: -- turning your back. Mr. Fernandez: I'm sorry, ma'am. Commissioner Spence -Jones: So -- Mr. Fernandez: Sorry. City ofMiami Page 74 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: -- the shade meeting over the next two weeks -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- and so -- but yet and still we'll be -- prepared to bring this back to us in the end of the month, correct, for the next Commission meeting? Mr. Fernandez: From the shade -- at the shade meeting, you cannot take any action. At the shade -- Commissioner Spence -Jones: I know that. I know that. Mr. Fernandez: -- meeting, so sure, you can vote on it that same afternoon, if you choose. Commissioner Spence -Jones: Okay. Mr. Fernandez: It is your agenda. It is your issue. Commissioner Spence -Jones: Okay. I know one of the biggest issues has been -- and we always use this, and it's amazing, you know, when we're talking about litigation and settlements, we always -- when it's something we really don't want to do, we find excuses as to whether or not these are the reasons why we can't move it, and it always centers about, well, we're in the midst of a litigation, so that is the reason -- and I know for a fact there's been key issues that I've brought in front of the Commission, and that has been the excuses that have been given to me. "Well, Commissioner Spence -Jones, we can't do this because it's in the middle of a litigation," but yet and still I have been briefed on several other items where you have been in the middle of litigation, and you still come to us to talk about settlements or to fry to find some sort of resolution, and we move beyond it, but for some reason, with this particular issue, it feels as though that's not happening, but I'm accepting the shade free -- I mean, the shade meeting as a means of us being able to resolve it as a group, because I would definitely like to hear my colleagues viewpoint on this issue, and in closing, I just -- I think it's really important for me to ask this question -- and I'm assuming we're going to address this in the shade meeting, but is there currently -- or has there ever been any other case where we have settled with any other plaintnits [sic] based on this -- on anything similar to this? Mr. Fernandez: Yes. Commissioner Spence -Jones: We have, and what was the settlement then? Mr. Fernandez: I don't have the particulars of the settlement. Commissioner Spence -Jones: Does -- your City Attorney, does she have it? Mr. Fernandez: The particulars of the settlement? Commissioner Spence -Jones: Yeah. What were the main -- Mr. Fernandez: In the Manning case? Commissioner Spence -Jones: Yeah, so the Manning case is what it was? Mr. Fernandez: Certainly. Hold on a minute. Commissioner Sarnoff $447, 000. City ofMiami Page 75 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Fernandez: $447, 000 that was awarded, and then post -trial settlement was reached with the Manning Group and the FOP and no appeal was taken. Commissioner Spence -Jones: Okay, so -- and what else? Mr. Fernandez: However, when the settlement went to the City Commission for approval, the FOP repudiated the agreement, and the City only settled with the Manning Group, and part of the settlement with the Manning Group besides awarding damages was also promotions. Commissioner Spence -Jones: Okay, so we do have a case -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- in which we not only settled the back payment -- Mr. Fernandez: Yes. Commissioner Spence -Jones: Correct? Mr. Fernandez: Yes. Commissioner Spence -Jones: -- but we also provided promotions as a part of it? Mr. Fernandez: Yes. Commissioner Spence -Jones: So this has been done before? Mr. Fernandez: Yes. Commissioner Spence -Jones: Okay, and this was done in the midst of a litigation? Mr. Fernandez: No. It was done after the case was -- after post -trial and when there was a settlement already agreed to, but not brought to the Commission. Again, the complexities of this case -- and I don't mind answering yes or no to any of you at any time because you're the bosses, but it's totally unfair, ultimately to the City, to have that type of a simplistic approach. Yes, in the Manning case there was promotions. The Manning case provoked or produced another lawsuit, which we're also involved in as a result of those promotions -- Commissioner Spence -Jones: Yeah, but I think -- Mr. Fernandez: -- which is the Lot case. Commissioner Spence -Jones: -- let's be very clear. Mr. Fernandez: Yes. Commissioner Spence -Jones: Let's be -- calm down, Mr. City Attorney. I'm just trying to ask questions. I do have the right to ask those questions. Take a drink -- take a sip of water. I'll wait. Commissioner Regalado: He's using plastic. Commissioner Spence -Jones: Oh, you're using plastic. You see that. Vice Chairman Sanchez: He's not a plastic guy. He's the plastic guy. City ofMiami Page 76 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Spence -Jones: I just wanted to ask a question because my understanding -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- even on the Manning case, both of these cases, this one that we're talking about now and even the Manning case was happening along -- at the same time. Yes, they were; just one just happened to go ahead of the other, but they were happening at the same time, so in any litigation, you've always told me this, Mr. City Attorney, regardless of whatever we settle on, the City's still going to be open to possibly being sued again for something else either -- also, so I mean, we can't keep saying, you know, well, if we do this, then this is going to open up the door for us to be sued on something else because, quite frankly, I can sit here and go back the last year or so sitting on this Commission and point to three or four major issues that have come in front of us that would open us up for litigation -- Mr. Fernandez: Correct. Commissioner Spence -Jones: -- so we can say that all day long, so I am going to back off and I will defer this back to Commissioner Regalado, but do want to make sure that we get this issue resolved -- Mr. Fernandez: Certainly. Commissioner Spence -Jones: -- so that we move on, and I think that it's really important that, you know, we don't send mixed signals that for one group it's okay, and then for another group it's not. Mr. Fernandez: Well, I tell you, I would never mean or want for you or for any of you to back off from any position that you, as CD [sic] elected officials believe is in the best interest of the City. By the same token, I hope that you don't expect that would back off from giving you my very best legal opinion that have. After I give that, I know, for a fact -- I've only been at it too long to know that it is not my decision; it's only my recommendation, because a final decision is yours. You have rejected recommendations that have made before, and I'm fine with it, butyou will hear the full countenance of my legal advice to you. You may accept it. You may reject it, butyou will know what you're doing. You will know what to expect from a basic, rational, legal perspective. Commissioner Spence -Jones: Thank you, Mr. City Attorney. Commissioner Regalado: Can -- Chairman Gonzalez: All right. Yes, sir. Carlos Avila: Carlos Avila, vice president of the FOP Lodge 20. I just wanted to make the Commission aware that in this lawsuit, there's 140 or so people involved. It's just not one small group. I don't know if the Board was aware of that. Commissioner Sarnoff Well, we may not be aware of it by the way you pled. Mr. Avila: I'm sorry? Commissioner Sarnoff We may not be aware of it by the way you pled it. Mr. Avila: I just -- I didn't know whether you were aware or not that there's 140 plaintiffs in the case. City ofMiami Page 77 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Sarnoff I know, but in the -- Commissioner Spence -Jones: But not on this particular issue. I want to be clear. Mr. Avila: In this particular issue. Commissioner Spence -Jones: I was told by the City Attorney that it was not. Mr. Fernandez: No, no, no, ma'am. I don't know -- because you have talked to me, you have talked to Ms. Turin. We have talked to your staff person. We have fully explained that the case that is presently pending is FOP Vega in which these six individuals, most of them -- Commissioner Sarnoff Can I say something, Mr. City Attorney? Mr. Fernandez: Yes. Commissioner Sarnoff This is such a complicated case -- Mr. Fernandez: Yes. Commissioner Sarnoff -- that we don't know whether there are only six plaintiffs involved or whether there are 140 plaintiffs involved, and the judge has yet to rule that they have to disgorge and disclose -- Chairman Gonzalez: Let me -- Mr. Fernandez: Right. Commissioner Sarnoff -- what they have to do, and I just want to make a comment to anybody that thinks this has been languishing around for so many years. They went to trial, according to the memorandum that I've read, in February and March of 2007. We were found to be liable. They have not set damages. They bifurcated the trial, so to sit around and say that we've done nothing, we've litigated, and we have, inevitably, lost a portion of the litigation. Now, interestingly enough, people are now coming forward saying, "Did you know there were 140 plaintiffs?" And I would say to the City Attorney, he probably was a little surprised when he learned that because he thought there were six plaintiffs, and that's why -- Mr. Fernandez: No. Commissioner Sarnoff -- this is a complicated case, so to turn around and say let's flip the burger and say it's done is to do a real disservice to every taxpayer in the City ofMiami. You know, this is complicated. We should talk about this in private because, as we stand right know - - or should I say right now -- we don't even know, all due respect, that there are 140 plaintiffs or there are six plaintiffs, I could suggest to you the distinction -- the difference between the damages is vast. Chairman Gonzalez: Is vast, yeah. Mr. Avila: Commissioner, ifI may -- Mr. Fernandez: Again -- Mr. Avila: -- I have the attorney -- City ofMiami Page 78 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: I agree. Mr. Avila: -- for the FOP here. Maybe she can give you a better explanation. Mr. Fernandez: No. Chairman Gonzalez: No. Commissioner Sarnoff I don't need to hear it. Mr. Fernandez: Mr. -- Chairman Gonzalez: Let me tell you. I made an exception thatl let you speak, but usually, under the rules, I don't let public speak on Commissioners' items -- Mr. Avila: Understand. Chairman Gonzalez: -- so I, you know, gave you a chance to put something on the record. All right. Next item. Commissioner Regalado: I just think, Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Regalado: -- just to end this, I think -- well, I thinkl fried to ask questions and questions. I ask many questions whenever I was ready to place this, and it's -- whether it's about six or a hundred and forty-eight, well, that we don't know yet, butl think it's important that we do have the shade meeting, and that way, you know, we could ask all the questions, and we can get a more inform position, especially because my understanding is that the City is involved in a suit against the company that did the exam, and that company will be liable for whatever settlement we do, so it is complicated, but would think that the shade meeting is the best thing that we can hope for since it's only days away or weeks away. Thank you -- Mr. Fernandez: Sure. Commissioner Regalado: -- Mr. Chairman. Mr. Fernandez: Mr. Chairman, just for the record, again, if others on the outside sully my reputation, that's fine; I can deal with that, but certainly, I would not want it to be perceived that my clients, that this Commission in any manner, shape, or form intended to sully my reputation or my abilities to represent you aggressively and appropriately. We have known all along that there are a number of plaintiffs. The court has not yet ruled who is the proper plaintiff in this case and who we're talking about. We know that there are six interveners; we know that there is a union, a corporation; and we know that there are over 150 members; and we know that there is also one named plaintiff, but with regard to the issue of damages, with regard to who may be entitled to what, now that the exam was found to be invalid, that is the issue that not even the court, the judge that has been sitting on it for years has been able to address or determine, and so, yes, the union has not proffered -- and I'm not surprised to hear that they think that there are 150. They think that; we may think something else. The important thing is ultimately what the court thinks. Beyond the court and beyond all of that, ultimately, it is your decision to settle, settle for money, settle for promotion. Do whatever you deem to be appropriate after I give you all of the facts and you understand all of the consequences, because it is, after all, your city. Chairman Gonzalez: All right. City ofMiami Page 79 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Sarnoff And who's the judge? Mr. Fernandez: Judge Platzer. Commissioner Sarnoff And Judge Platzer has not required disgorgement of who the plaintiffs are? Mr. Fernandez: No. D4.2 07-01251 DISCUSSION ITEM DISCUSSION CONCERNING PLACING A NON -BINDING STRAW BALLOT QUESTION TO ADDRESS THE APPOINTMENT OF THE MIAMI-DADE COUNTY PROPERTY APPRAISER BEFORE THE ELECTORATE DURING A FUTURE COUNTYWIDE SPECIAL ELECTION. 07-01251 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 place a straw ballot question on the City ofMiami, presidential preference primary, and special state elections ofJanuary 29, 2008 utilizing the exact wording as that of the City of Hialeah. Chairman Gonzalez: All right. D4.2. Commissioner Regalado: Thank you, Mr. Chairman. About three years ago, this Commission placed on the ballot, and it was ahead of the curve on many of other municipalities, and even the State Legislature, a sfraw ballot regarding the need to have the property appraisal [sic] elected. We were taken to court, and then we lost on the local level. We went to the Third DCA (District Court ofAppeals), but the City Attorney wasn't directed to follow up at the Third DCA with more appeals, a more bigger appeal, and whatever happened at the polls was silence forever, so two years ago -- I mean one year ago, the City of Hialeah and Mayor Julio Robaina, and the City Council place it on the ballot, a straw ballot that would mirror what the City ofMiami did three years before, and they went to the polls and they vote, and another resident file suit, and they lost at the local level, but went to the Third DCA and won the appeal. Winning the appeal, the Department of Elections gave the City of Hialeah the results, and they are working on the final paper, I guess, to make public those results, but I can tell you that when you see these results publish, you will see that 78 percent of the voters in the City of Hialeah supported the sfraw ballot asking for an elected property appraisal [sic]. The Charter Review Committee has been given 90 days of extension by the County Commission, so anything that this Charter Committee will do will not be able to go on the ballot on January 29 of next year. There is a bill in the State Legislature regarding forcing all the counties to have a property appraisal [sic]. Now, we don't know if that bill will go before the voters on January 29, or it will be on the ballot on November of 2008, or if the bill, by itself will become law in the regular session of next March, so having said that, I think it's important, on behalf of the people of the City ofMiami and because of the discussion that we had here during the budget hearing, that we do place a sfraw ballot in the City ofMiami election, statewide election ofJanuary 29, the presidential primary and special state election on January 29, 2008, with the exact wording that the City of Hialeah use, because now that wording is immune to any and all challenge, legal challenge. The Third DCA, in full, has rule, so there's no way that anybody will be able to file suit against this wording of the sfraw ballot -- Chairman Gonzalez: All right. Is that your motion? City ofMiami Page 80 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Regalado: -- because -- that's a motion. 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: Motion carries. D4.3 07-01255 DISCUSSION ITEM DISCUSSION ABOUT THE OFFICE OF THE AUDITOR GENERAL'S 2003 LIMITED REVIEW OF THE CITY OF MIAMI'S PARTICIPATION IN THE EMPOWERMENT ZONE INITIATIVE PROGRAM (AUDIT # 03-017). 07-01255 Cover Memo.pdf 07-01255 Limited Review Of City.pdf MOTION Direction by Commissioner Regalado to the City Attorney to communicate to the Empowerment Zone Trust that the City Commission is ready to take legal action if the Trust does not comply with the requirement of the Florida Statute, which states that a representative of the City of Miami Commission, namely, Chairman Gonzalez, should be a driving participant of all decision -making, including a representative of the Administration. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, directing Independent Auditor General Victor I. Igwe to determine how program funds were exhausted within the City ofMiami. Commissioner Regalado: And -- Chairman Gonzalez: D4.3. Commissioner Regalado: Thank you, Mr. Chairman. I could have titled this `D4.3 I told you so," but not -- but this is -- this dates to 2003. In September of 2003, this Commission approve a motion asking or directing the City auditor, Victor Igwe, to do an audit of the Empowerment Trust Zone, and I have here several -- a -- memos to then Manager Carlos Gimenez, and to Victor Igwe, and Igwe was able to do a limited review of the City's participation in the Empowerment Zone Initiative Program. This was done on May 20, 2003. Now the reason that I requested this is because I was trying to find out what we got out of this Trust -- Chairman Gonzalez: Let me intervene in your -- Commissioner Regalado: -- and just one -- Chairman Gonzalez: -- presentation. Commissioner Regalado: -- single sentence. Seventy-six percent of the population that this Trust is supposed to serve lives within the City ofMiami. Chairman Gonzalez: All right, but not only that, this Commission, including yourself appointed me to the Empowerment Trust -- City ofMiami Page 81 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Regalado: Right. Chairman Gonzalez: -- twice. Commissioner Regalado: Right. Chairman Gonzalez: One year Commissioner Teele made the motion, and the second year you - - and the second term you made the motion. Commissioner Regalado: Right. Chairman Gonzalez: I was appointed to this Trust, or to this program, and they never, never invited me to their meetings. They kept me completely out of the -- whatever was going on, that today -- Commissioner Regalado: Which is good for you. Chairman Gonzalez: -- seeing what happen -- Commissioner Regalado: Which is good for you. Chairman Gonzalez: -- I'm glad. Commissioner Regalado: You won't be call to the State Attorney. Chairman Gonzalez: I'm glad that they didn't even call my name, so -- Commissioner Regalado: So you -- Chairman Gonzalez: -- but you know. Commissioner Regalado: -- don't have to go to the State Attorney, but my point on this was that in 2003, we knew that this Trust was not being good to the City ofMiami. Not only that, in 2004, Mr. Brian Finney writes a letter to then -City Manager Joe Arriola and says, "Don't mess with me, you know. You have no right of auditing our Trust," and yet, because of the City ofMiami -- and that was my point in 2003 -- is why the Trust got all that money, because the poverty pockets in the City ofMiami that the Trust was supposed to serve was the amount of population that they needed to get established as a trust. Now the money is gone; we all know that, but it is important that we, in the City ofMiami, take control of what the City should be getting. I don't know what's going to happen to the people in that Trust because sometimes, you know, it's finger pointed. We didn't do that. The executive director recommended. The executive director said I recommend it, but the board voted this way or that way, so -- but what I do know two things. Number one, the City ofMiami must have -- Mr. City Attorney -- okay -- a representative of this City Commission -- wait, wait -- and of the Administration, and if we have to file suit to force that -- because actually, it's in the statute. I read the statute. The City ofMiami is allowed to have several seats in that, and they fill those seats by appointing City ofMiami residents that we don't even know who they are. Chairman Gonzalez: Yeah. Commissioner Regalado: -- so I'm just saying there is going to be new money coming for that Empowerment Trust Zone. I don't know what's going to happen to the people that sit there, but apparently, you know, they are not going to be very happy. Chairman Gonzalez: I'm sure that you know that one of the biggest -- or the largest area of the City ofMiami Page 82 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Empowerment Zone -- Commissioner Regalado: Is Allapattah. Chairman Gonzalez: -- is Allapattah. Commissioner Regalado: I know that. It's Allapattah, Overtown. This is a line that is drawn; starts in Florida City, Homestead; comes through Naranja, to South Dade, Northwest 7th Street, all Allapattah and Overtown. Chairman Gonzalez: And Overtown. Commissioner Regalado: That's the Empowerment Trust Zone -- Chairman Gonzalez: All right, so -- Commissioner Regalado: -- and we have gotten -- Chairman Gonzalez: -- what's your --? Commissioner Regalado: -- with 76 percent of the population, at that time, 2003, 30 percent of the money allocated by the Trust, which means that 70 percent was allocated for areas of only 25 percent residents outside of the City ofMiami. Chairman Gonzalez: All right, so what is your directive? Commissioner Regalado: Two things; that the City Attorney ask representative -- or his clients, the City Commission, communicates to the Trust that we are ready to take legal action if they do not comply with the requirements of the statutes that City ofMiami -- a representative of the City Commission, in this case, Commissioner Gonzalez, should be sitting at the decision -making level, plus a representative of the Administration, and the second is to askMr. Igwe to go look again -- and I think that Hs. Cathy Jackson from the County has done an audit, but the audit was done as to how the money was spent and not the money that we got in the City ofMiami, so what I'm saying is thatHr. Igwe should go and fry to find the money that was spent within the City of Miami. Chairman Gonzalez: All right. D4.4, waiving fees for Municipio -- Mr. Fernandez: You need -- excuse me. If your intent to instruct the auditor general to in fact conduct an audit, that requires a vote of the City Commission. I can take my directives without a vote -- Commissioner Regalado: Okay -- Chairman Gonzalez: All right. Commissioner Regalado: -- so I'll move -- Mr. Fernandez: -- because I understand the sentiments. Commissioner Sarnoff Second. Commissioner Regalado: -- for the audit. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." City ofMiami Page 83 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D4.4 07-01250 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF PARK RENTAL FEES, FOR THE USE OF ROBERT KING HIGH PARK, ON SUNDAY, NOVEMBER 11, 2007, FOR THE MUNICIPIOS CIENFUEGOS ANNUAL PICNIC, AND PROVIDING FOR THE USE OF THE CITY OF MIAMI SHOWMOBILE, FOR SAID EVENT. 07-01250 Legislation.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-07-0590 Chairman Gonzalez: D4.4. Commissioner Regalado: It's a -- this is easy. Resolution of the Miami City Commission authorizing the waiver of park rental fees for the use of Robert King High Park, on Sunday, November 11, for Municipios Cienfuegos annual picnic, and providing for the use of the City of Miami showmobile. The parties will pay for employees and fees, just the park rental waiver. So move. Chairman Gonzalez: All right. We have a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 84 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-01258 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT THE MAYOR'S INTERNATIONAL COUNCIL CONSIDER ESTABLISHING A CLOSE RELATIONSHIP WITH THE CITY OF JACMEL, HAITI; AND DIRECTING THE CITY MANAGER TO FOLLOW SUCH ADMINISTRATIVE PROCEDURES AS MAY BE IN PLACE TO ALLOW THE CITY OF JACMEL, HAITI, TO PARTICIPATE IN THE ACQUISITION OF CITY -OWNED SURPLUS PROPERTY DISPOSED OF BY THE CITY IN ACCORDANCE WITH SECTION 18-82 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 07-01258 Legislation.pdf Motion by Commissioner Spence -Jones, 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-07-0598 Direction by Commissioner Spence Jones to the City Manager to provide a report to the City Commission detailing the necessary steps for disposing of equipment that's no longer being utilized by the Mayor's International Council (MIC) to be procured by the City ofJacmel, Haiti. Commissioner Spence -Jones: But you should have a copy of this resolution. This is for the City ofJacmel. As you know, I've been -- Little Haiti exists within the heart of my district, and we're - - I've been partnering up with the Mayor's International Council. That's what we're frying to do, is work along with the Mayor's Office to create a relationship with the City ofJacmel, which is the City of the Arts. With the new park that I have coming in the heart of Little Haiti, I really wanted to have some sort of friendship city relationship between Jacmel and the City ofMiami to share their arts, so in front of you, you have a copy of the resolution, and I know that once we pass this resolution today, we still would like to take it in front of the Mayor's International Council. Mr. Chairman, I don't know if you have any comments on it, because -- Chairman Gonzalez: No. Commissioner Spence -Jones: -- I'd like to make sure that this is coordinated through that Council to make sure that we're all on the same page -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- so do I -- do you want to read the --? Vice Chairman Sanchez: Second. Chairman Gonzalez: Is that a motion? Commissioner Spence -Jones: Yes. I'd like to -- Chairman Gonzalez: All right. We have a motion. Is there -- City ofMiami Page 85 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Commissioner Regalado: Second. Chairman Gonzalez: -- a second? We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: Mr. Chairman, ifI can just also insfruct the City Manager. I -- earlier I talked about the surplus items, and I believe that the City Manager and the Procurement Office is looking to see if there's any old equipment that we're no longer using. Through the Mayor's International Council, we'd like to -- you to dispose of those items so that the City ofJacmel in Haiti will be able to utilize them, so I'd like to insfruct the City Manager to come back to let us know the next steps on doing that. Chairman Gonzalez: All right. Vice Chairman Sanchez: The procure -- Chairman Gonzalez: That concludes -- Vice Chairman Sanchez: -- the process? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- the agenda. Now -- D5.2 07-00880 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY TO IMMEDIATELY PLACE LED PEDESTRIAN COUNTDOWN MODULES/SIGNALS AT ALL SCHOOL CROSSINGS AND PEDESTRIAN PATHS NEAR SCHOOLS, WITHIN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00880 Legislation.pdf D5.3 07-01260 DEFERRED Item D5.2 was deferred to the Commission meeting currently scheduled for November 8, 2007. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, Mr. Chairman. I'm going to go ahead -- for the other two items, as I stated, I'm going to go ahead and deal with those at the next City Commission so we can leave. DISCUSSION ITEM DISCUSSION CONCERNING POLICE ASSOCIATION POLICY. 07-01260 Cover Memo.pdf DEFERRED Item D5.3 was deferred to the Commission meeting currently scheduled for November 8, 2007. Note for the Record: Please refer to item D5.2 for minutes referencing item D5.3. City ofMiami Page 86 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 NA.1 07-01276 NON -AGENDA ITEMS DISCUSSION ITEM A Proclamation of Condolence for the late Victor De Yurre, Sr. DISCUSSED Direction by Vice Chairman Sanchez to the Office of the City Clerk to prepare a Proclamation of Condolence for the family of the late Victor De Yurre, Sr. Chairman Gonzalez: Now we're going to go with the presentations and proclamations. Vice Chairman Sanchez: Would you recognize me for a minute? Chairman Gonzalez: Vice Chairman Sanchez, you're recognized. Vice Chairman Sanchez: Thank you, Mr. Chairman. We have some sad news, I know, for all of us and for this city. Victor De Yurre's father passed away, I believe, yesterday or the day before yesterday. He was a City Commissioner, and he is a dear friend to all of us. His father was very, very involved in the City, and I would ask that this Commission, with all due respect, allow us to have a minute of silence, and also, after the minute of silence, I will be requesting from the City Clerk a proclamation of condolence to the De Yurre family, signed by all the Commissioners, to be presented to him, and once again, we ask the good Lord to -- as we always say, the good Lord picks the most beautiful flowers for his garden; that the good Lord open his hands to Victor's father and provide the peace to his family that they so deserve, so if we could have a moment of silence in the -- in memory of Victor De Yurre's father. Thank you. Chairman Gonzalez: Thank you, Vice Chairman. NA.2 07-01281 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, CLARIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907 (AFSCME), IN EFFECT FOR THE PERIOD OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, FOR THE WAGE INCREASE SET FORTH IN ARTICLE 24, SECTION 24.1 TO TAKE EFFECT ON OCTOBER 1ST OF EACH YEAR. 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-07-0600 Chairman Gonzalez: Mr. Manager, I believe that you have an item concerned to AFSCME (American Federal, State, County, and Municipal Employees). Commissioner Spence -Jones: Concerning what? Vice Chairman Sanchez: Pocket item. City ofMiami Page 87 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 NA.3 07-01272 District 5- Commissioner Michelle Spence -Jones Pedro G. Hernandez (City Manager): Yes, I do, Mr. Chairman. I really -- Chairman Gonzalez: All right. Go ahead. Mr. Hernandez: -- appreciate allowing us to proceed with this item. As you know, earlier in the year, we had reached a agreement with the AFSCME General Employees Union 1907. However, there is an item that needs to be clarified, and that is the reason for a Memorandum of Understanding dealing with this matter. The agreement at the negotiating table was that the next increase would be effective October 1, 2007. However, the language in the agreement is old language that indicates that the increase would be effective with the first full pay period, so there's a discrepancy with the language and what we agreed with at the negotiating table. It's supposed to be effective October 1, 2007, and if you give us the authorization to proceed forward with this MOU (Memorandum of Understanding), we should be able to then have that increase in the next paycheck. Chairman Gonzalez: All right. Do we have a motion from the Commission? Vice Chairman Sanchez: So move. Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Charlie. Charlie Cox: Thank you. Chairman Gonzalez: You're welcome, sir. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, GRANTING AN EXTENSION OF THE CLASS I SPECIAL PERMIT FOR THE USE OF THE MOORE BUILDING, LOCATED AT 4040 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA 33137, THROUGH DECEMBER 31, 2007, TO ACCOMMODATE THE FOLLOWING ART BASEL RELATED OR ALLIED SUB- EVENTS: (1) OCTOBER 4- BEST BUDDIES SUB -EVENT 8 PM-11 PM;(2) OCTOBER 13-EPILEPSY GALA SUB-EVENT- 8 PM- 12 MIDNIGHT; (3) OCTOBER 23RD -METROPOLITAN HOME SUB -EVENT ; (4) OCTOBER 27- SAVE DADE ORGANIZATION SUB -EVENT 8 PM- 1 AM ; (5) NOVEMBER 2ND -16TH - CHIVAS REGAL SUB -EVENT AND (6) NOVEMBER 15th -SHOPPING EVENT, ALL PURSUANT TO ACTIVITIES CONNECTED TO ART BASEL AND DEEMED AS ONE(1) SPECIAL EVENT. 07-01272-Legislation.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-07-0599 Commissioner Spence -Jones: No, I'm not -- City ofMiami Page 88 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Chairman Gonzalez: Pardon me? Priscilla A. Thompson (City Clerk): Any pocket items? Chairman Gonzalez: Yes. That's what I'm going to do now. Do any Commissioner has any pocket items in Commissioner Sarnoff? Commissioner Sarnoff I'll wait. I'll defer mine. Commissioner Spence -Jones: I have -- Chairman Gonzalez: You're going to -- Commissioner Spence -Jones: -- one. Chairman Gonzalez: -- defer yours? Commissioner Spence -Jones: I just have one. Chairman Gonzalez: Any pocket item? Vice Chairman Sanchez: Nope. Commissioner Spence -Jones: I just have one, and this is -- do you want me to just go ahead and read it, sir? I'd like to have -- granting an extension of the C.1 Special Permit for the use of the Moore building to the end of next end of the year. The NET (Neighborhood Enhancement Team) office has requested that we do this. We use a lot of the -- or they use the Moore building for a lot of activity and events, and I just want to be able to extend their Class I Special Permit. Chairman Gonzalez: All right. There is a motion or a resolution. Is there --? Vice Chairman Sanchez: I second the motion. This requires a four fifth vote. Chairman Gonzalez: Okay. There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's unanimous. NA.4 07-01282 DISCUSSION ITEM Attorney -client session for the case entitled FOP Vega, et al., versus the City of Miami, case number 98-7760, October 25, 2007. DISCUSSED Chairman Gonzalez: Anyone else? Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: In order to be able to have our shade meeting, as discussed, I need this to be contained in the record. Pursuant to Section 286.011 Florida Statutes, I'm requesting that the City Commission schedule a private meeting for an attorney -client session to take place on City ofMiami Page 89 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 October 25, 2007, at City Hall, at the Manager's Conference Room at 2:30 p.m. to seek advice concerning the litigation of FOP (Fraternal Order of Police) Vega et al, versus the City of Miami, case number 98-7760, in Division 27. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Chairman Gonzalez: It's said on the record. NA.5 07-01283 DISCUSSION ITEM Scheduling of City Commission workshop in November to discuss the auditor general's ballot referendum. DISCUSSED Jorge L. Fernandez (City Attorney): And the second issue, Mr. Chairman, is that you have instructed me to come back to you with ballot language regarding the auditor general, and you have received a memo. We are meeting on a regular basis. We're making progress, butt have also asked, as you had discussed, that you may want to discuss this at a Board workshop. If you are of a mind to set a Board workshop, we need to talk, or not, it needs to be -- the City Manager needs to be directed to include it on a regular agenda, so it's your option. You want a separate period of time just to discuss the auditor general's referendum, or do you want to include it in one of your -- Chairman Gonzalez: We should -- Mr. Fernandez: -- upcoming agendas? Chairman Gonzalez: -- schedule that for November. Mr. Fernandez: For November. Chairman Gonzalez: November. Mr. Fernandez: Right. The -- but keep in mind, if you only have one meeting in November, we may not have time or you may be -- Chairman Gonzalez: Let's have a workshop. Mr. Fernandez: A workshop, so -- Chairman Gonzalez: Yes. Mr. Fernandez: -- I'll work with your office on a workshop for November. Thank you, sir. Chairman Gonzalez: For November. NA.6 07-01284 DISCUSSION ITEM Discussion regarding the scheduling of November/December Commission meetings. MOTION City ofMiami Page 90 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Spence -Jones absent, directing the City Manager to schedule the Regular and Planning & Zoning meetings for December 13, 2007, thereby canceling the currently scheduled meeting of December 27. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may, just real quick. With reference to the City Commission meetings for November and December, in November we have on the calendar two meetings: one is November 8; the second one is November 22, which is Thanksgiving. Chairman Gonzalez: I think -- Mr. Hernandez: In past years -- Chairman Gonzalez: -- that what we should do is what we have done every year, is to have one meeting in November and one meeting in December -- Mr. Hernandez: So the date -- Chairman Gonzalez: -- and I will appreciate it if the meeting is after the 8th because three Commissioners here that have elections in November 6. Mr. Hernandez: So Commissioner, it would be --? Commissioner Sarnoff And we expect to be doing a lot of celebrating. Chairman Gonzalez: Right. Commissioner Sarnoff Would November 15 be a good date? Chairman Gonzalez: That'd be fine. Commissioner Sarnoff So the idea would be to move the November 8 meeting to November 15, which is also a Thursday -- Commissioner Regalado: November 14. Mr. Hernandez: Fourteenth? Commissioner Regalado: I'm not here on November 15. Mr. Hernandez: Okay. Chairman Gonzalez: All right. Mr. Hernandez: The 14th. That would be a Wednesday. Is that okay? Commissioner Regalado: Or Tuesday. Mr. Hernandez: Or -- Commissioner Regalado: The 13th is a Tuesday. Chairman Gonzalez: Make it the 13th. City ofMiami Page 91 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Hernandez: Okay. Commissioner Regalado: Thirteen. Chairman Gonzalez: I mean the 15th -- the 14th. Commissioner Regalado: I don't care. Chairman Gonzalez: A Wednesday. Mr. Hernandez: Okay. Commissioner Regalado: I'm just -- on the 15, I'm not here. Mr. Hernandez: And so we'll have the meeting November the -- Chairman Gonzalez: 14th. Mr. Hernandez: -- 14th, which is a Wednesday -- Chairman Gonzalez: On a Wednesday. Mr. Hernandez: -- and then for November -- Priscilla A. Thompson (City Clerk): December. Commissioner Spence -Jones: I won't be here on the 14th, butt mean, I don't -- just letting you know. That's why I ran out. Mr. Hernandez: Will you be here on the 12th? Commissioner Spence -Jones: I won't be here from the 11 th to the 14th. Chairman Gonzalez: What about the 18th? Commissioner Regalado: I won't be here either. Commissioner Spence -Jones: I'm fine with the 18th. Commissioner Regalado: I won't be here. Chairman Gonzalez: You won't be here either? Commissioner Regalado: But that's okay. I mean, you know, I'm not going to stop the meeting. I'm just not going to be here. Commissioner Sarnoff I know. Is it really a Commission meeting without you being here? Commissioner Regalado: Yes. Commissioner Sarnoff Is it? Commissioner Regalado: Well, actually, I haven't ever [sic] miss one. Chairman Gonzalez: All right. City ofMiami Page 92 Printed on 10/22/2007 City Commission Meeting Minutes October 11, 2007 Mr. Hernandez: Mr. Chair, if you want, I can go back and check with each one of you individually, and then go back to you to get that date pinned down. Chairman Gonzalez: Okay. Mr. Hernandez: Now, on December, the date that we have on the calendar is December 13. Chairman Gonzalez: All right. Mr. Hernandez: All right, so the idea will be to have one meeting in December -- Chairman Gonzalez: One meeting. Commissioner Regalado: I don't have a problem with that. Mr. Hernandez: -- December 13 -- Chairman Gonzalez: All right. Mr. Hernandez: -- and I'll go back to you with reference to finalizing the November date. Chairman Gonzalez: Is everybody all right with December 13? Commissioner Regalado: Yeah. Chairman Gonzalez: All right, December 13 it is. Ms. Thompson: So what we're saying, in order to make sure your record is clear and straight, you will only have one meeting in December, December 13; thereby canceling your December 27 meeting? Chairman Gonzalez: That's correct. Ms. Thompson: Thank you. Can I get a motion, please? Commissioner Sarnoff So move. Chairman Gonzalez: Is there a motion? Commissioner Regalado: Second. Chairman Gonzalez: All right. All in -- Ms. Thompson: Thank you. Chairman Gonzalez: -- favor, say "aye." The Commission (Collectively): Aye. In November, you will be notified on November. Mr. Hernandez: Thank you, Mr. Chair. Chairman Gonzalez: All right. Meeting is adjourn. City ofMiami Page 93 Printed on 10/22/2007