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HomeMy WebLinkAboutCC 2007-11-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Friday, November 9, 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 November 9, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 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 9th day of November 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: 26 a.m., recessed at 11:19 a.m., reconvened at 2: 59 p.m., recessed at 4: 01 p.m., reconvened at 4: 05 p.m., and adjourned at 4: 05 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc David Sarnoff, and me, Angel Gonzalez, Chairman. Also on the dais are Pete Hernandez, City Manager, Jorge L. Fernandez, City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Chair -- Vice Chairman Sanchez and a pledge of allegiance by Commissioner Marc Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-01376 CEREMONIAL ITEM Honoree Presenter Protocol Item The Legacy of Captain Robert Garcia Mayor Diaz Memorial Salute Flagami Volunteers Commissioner Regalado Certificates of Appreciation 07-01376 Protocol List.pdf PRESENTED 1. Mayor Diaz presented a memorial resolution to the family of Jesse McCrary, Jr., Esquire, in memory of his legacy. 2. Mayor Diaz presented a memorial salute to the family of Captain Robert Garcia honoring his outstanding tenure and compassionate leadership as a City ofMiami firefighter/paramedic. 3. Commissioner Spence -Jones presented Certificates of Appreciation to Hotspot Campaign Volunteers, Commander Jorge Gomez, Major Roy Brown, Barbara Pruitt, Nathaniel Wilcox, Juanita Shanks, Jonelle Adderley, David Rosemond, Albert E. Zamorano, Rasha Cameau, Kelly Penton, Mariano Loret de Mola, Ada Rojas, Maria Morales, Stephanie van Vark, Loren Daniel, Jill Turner, Willie Timmons, Timothy Calhoun, Timothy Smith, VonCarol Kinchens-Haynes, Natasha Colebrook -Williams, and Commander Lorenzo Whitehead, for their significant contributions, championing the City of Miami's mission to provide a nurturing and safe community for its residents and visitors. 4. Mayor Diaz recognized the presence of the Greater ofMiami Chamber of Commerce Leadership Program. City ofMiami Page 3 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 MAYORAL VETOES Chairman Gonzalez: We will now begin with the presentation and proclamations. Mr. Mayor - - Mayor Diaz, you're recognized. Mayor Manuel A. Diaz: Mr. Chairman, good morning, and thank you for this opportunity. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: All right. We noticed that we don't have any vetoes from the Mayor's office. Priscilla A. Thompson (City Clerk): That is -- Chairman Gonzalez: Let the record reflect that. APPROVING THE MINUTES OF THE FOLLOWING MEETING: 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 ORDER OF THE DAY Chairman Gonzalez: And we need to approve the minutes of the regular Commission meeting of October 11, 2007. Commissioner Sarnoff So move. Chairman Gonzalez: Is there a motion? Vice Chairman Sanchez: Second. Commissioner Sarnoff So -- 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. Chairman Gonzalez: We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney, you're recognized. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public. Any person who is 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. 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 requires any person or entity requesting approval, relief or other action from the City Commission 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, City ofMiami Page 4 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 relief or action. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit, or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Please note that if you have previously submitted a Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit as part of an application package, you're required to read the disclosure contained 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 that affidavit. If you have not previously submitted an affidavit and have information to disclose, please obtain and complete the affidavit prior to the commencement of the public hearing on the 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, councils or committees solely in the capacity of a lobbyist and not as the applicant or owner's legal representative, are not required to submit the affidavit above referenced. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to the submission to the City Clerk. Anyone wishing to appeal any decision made by the City Commission at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chambers shall do so quietly. Persons may address the Commission on items appearing on the 'public hearing" portion of the agenda and on items where public input is solicited. Persons wishing to speak should notifi, 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 also not the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Planning and Zoning items will be heard after 10 a.m., and at that time, I will read the protocol that needs to be followed with regard to P&Z (Planning & Zoning) items. Now at this time, Mr. Chairman, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted, including some P&Z items that he will call to your attention. Chairman Gonzalez: Thank you. Mr. Manager. Pedro G. Hernandez (City Manager): Good morning, Mr. Chairman, Commissioners. Chairman Gonzalez: Good morning. Mr. Hernandez: I have the following changes. Item CA.21, that's consent item 21, is to be continued to the December meeting. RE. 2 is going to be withdrawn, and item FR.1 is to be continued to December, to the December meeting. Those are the only three changes that I have, Mr. Chairman. Mr. Fernandez: And in the PZ agenda? Chairman Gonzalez: Thank you. Any PZ items to be deferred, continued, or --? City ofMiami Page 5 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Hernandez: Mr. Chairman, on the PZ agenda, we have PZ.5 and also PZ.7 and 8. Chairman Gonzalez: Those are to be defer? Mr. Hernandez: Yes, sir, they're to be deferred. Vice Chairman Sanchez: 5, 7, and 8? Mr. Hernandez: They're to be deferred to December, to the December meeting. Vice Chairman Sanchez: Just for the point of clarification for myself and the Clerk, it was 5, 7, and 8, Mr. City Manager? Mr. Hernandez: Yes, Mr. Commissioner. It's PZ.5, PZ.7, and PZ.8. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: All right. Tucker Gibbs: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Gibbs: I was going to ask about PZ.4, ifI might, and I'm not sure, procedurally, if it's appropriate for me to ask for a deferral now -- Chairman Gonzalez: Yes, sir. Mr. Gibbs: -- or when the item is called because it's not -- I'm not an applicant. It's the City Manager who's the applicant. Priscilla A. Thompson (City Clerk): I need a name for the record, please, sir. Mr. Gibbs: Oh, I'm sorry. Tucker Gibbs, law offices at 2890 -- Chairman Gonzalez: Mr. -- Mr. Gibbs: -- McFarlane Road. Chairman Gonzalez: -- City Attorney, PZ.4; is it all right -- Mr. Fernandez: No. Chairman Gonzalez: -- to defer now? Mr. Fernandez: You have to wait until -- Mr. Gibbs: That's what I thought. Mr. Fernandez: -- the hearing is opened -- Chairman Gonzalez: 10 o'clock? Mr. Fernandez: -- because that's not his item. City ofMiami Page 6 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 CA.1 07-01286 Department of Public Works CA.2 07-01287 Department of Public Facilities Chairman Gonzalez: Okay. Mr. Gibbs: That's -- I just wanted to be sure. Thank you. Chairman Gonzalez: All right. You're welcome. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND PERMITTING MILLENNIUM PARTNERS TO CONSTRUCT AND MAINTAIN A TWO LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS SOUTHEAST 14 LANE BETWEEN THE "FOUR SEASONS TOWER AND HOTEL" LOCATED AT 1441 BRICKELL AVENUE, MIAMI, FLORIDA, AND A PROPOSED OFFICE BUILDING LOCATED AT 1451 BRICKELL AVENUE, MIAMI, FLORIDA, EAST OF BRICKELL AVENUE, WITH A MINIMUM VERTICAL CLEARANCE OF 16 FEET ABOVE THE SURFACE OF THE LANE CONDITIONED UPON MILLENNIUM PARTNERS EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF MILLENNIUM PARTNERS TO MAINTAIN IT; PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS. 07-01286 Legislation.pdf 07-01286 Exhibit.pdf 07-01286 Exhibit 2.pdf 07-01286 Exhibit 3.pdf 07-01286 Exhibit 4.pdf 07-01286 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0628 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A WAIVER FROM CALCULATION OF TOTAL GROSS SALES AND TICKET SURCHARGE, OF THE VALUE OF 3,800 TICKETS SOLD BY THE UNIVERSITY OF MIAMI ("UM") TO FLORIDA INTERNATIONAL UNIVERSITY ("FIU"), FOR THE SEPTEMBER 15, 2007, GAME BETWEEN UM AND FIU, WHICH TICKETS WERE SOLD AT A NOMINAL PRICE FOR USE BY STUDENTS OF FIU. 07-01287 Legislation.pdf 07-01287 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 7 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 R-07-0629 CA.3 07-01288 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR THE CITY OF MIAMI TO MAINTAIN THE LANDSCAPE AND NON-STANDARD SIDEWALKS OF A SIX (6) LANE HIGHWAY FACILITY BEGINNING FROM STATE ROAD 5/US-1/BISCAYNE BOULEVARD FROM NORTHEAST 5TH STREET TO NORTHEAST 13TH STREET, MIAMI, FLORIDA, AS STATED HEREIN. 07-01288 Legislaton.pdf 07-01288 Exhibit.pdf 07-01288 Exhibit 2.pdf 07-01288 Exhibit 3.pdf 07-01288 Exhibit 4.pdf 07-01288 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0630 CA.4 07-01289 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $232,315.20, CONSISTING OF AN AWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; ALLOCATING SAID FUNDS INTO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION SPECIAL REVENUE ACCOUNT NO. 11550.295999.481000.0.0. City ofMiami Page 8 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 07-01289 Legislation.pdf 07-01289 Exhibit.pdf 07-01289 Exhibit 2.pdf 07-01289 Exhibit 3.pdf 07-01289 Exhibit 4.pdf 07-01289 Exhibit 5.pdf 07-01289 Exhibit 6.pdf 07-01289 Exhibit 7.pdf 07-01289 Exhibit 8.pdf 07-01289 Exhibit 9.pdf 07-01289 Summary Form.pdf 07-01289 Email.pdf 07-01289 Email 2.pdf 07-01289 Total Reimbursement Amount.pdf 07-01289 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0631 CA.5 07-01290 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation ENTITLED: "THE CHILDREN'S TRUST GRANT FOR PARKS" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $761,225, CONSISTING OF AN AWARD RECEIVED FROM THE CHILDREN'S TRUST; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; ALLOCATING SAID FUNDS INTO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION SPECIAL REVENUE ACCOUNT NO. 11550.295999.434000.0.0. 07-01290 Legislation.pdf 07-01290 Exhibit.pdf 07-01290 Exhibit 2.pdf 07-01290 Exhibit 3.pdf 07-01290 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0632 CA.6 07-01291 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED OCTOBER 3, 2007, PURSUANT TO INVITATION FOR BIDS NO. 34026, FROM ACME AUTO LEASING, L.L.C., FOR THE LEASING OF 2008 TOYOTA HIGHLANDER HYBRID LIMITED VEHICLES, FOR A SHORT TERM AS NEEDED CONTRACTUAL BASIS, EFFECTIVE THROUGH SEPTEMBER, City ofMiami Page 9 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 2008; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01291 Legislation.pdf 07-01291 Summary Form.pdf 07-01291 Award & Recomendation Approval Form.pdf 07-01291 Tab Sheet.pdf 07-01291 Letter.pdf 07-01291 Invitation For Bids.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0633 CA.7 07-01292 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONSENT TO AND TO ACCEPT AN ASSIGNMENT OF THE COMMERCIAL RECORD MANAGEMENT SERVICES, CITYWIDE, BID CONTRACT NO. 04-05-033, PURSUANT TO SECTIONS 1.6 AND 1.73 OF SAID BID CONTRACT, FROM ARCHIVESONE TO IRON MOUNTAIN UNDER THE SAME TERMS AND CONDITIONS. 07-01292 Legislation.pdf 07-01292 Exhibit.pdf 07-01292 Summary Form.pdf 07-01292 Email.pdf 07-01292 Email 2.pdf 07-01292 2007 Corporate Annual Report.pdf 07-01292 Secretary Of State Filing receipt.pdf 07-01292 Articles Of Merger.pdf 07-01292 Certificate Of Merger.pdf 07-01292 Electronic Filing Cover Sheet.pdf 07-01292 Securities Purchase & Sale Agreement.pdf 07-01292 Sellers,Security Pro Rata Share.pdf 07-01292 Number Of Shares.pdf 07-01292 Form Of escrow Agreement.pdf 07-01292 Escrow Agreement.pdf 07-01292 Schedule 1.pdf 07-01292 Schedule 2.pdf 07-01292 Schedule 3.pdf 07-01292 Form Of Noncompetition Agreement.pdf 07-01292 Non -Competition & Confidential Agreement.pdf 07-01292 Certain Definitions.pdf 07-01292 Final Copies.pdf 07-01292 Invitation For Bids.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0634 City ofMiami Page 10 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 CA.8 07-01293 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE OF BODY ARMOR (PROTECTIVE VESTS), ON AN AS -NEEDED CONTRACTUAL BASIS, FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NO. 680-850-05-1, EFFECTIVE UNTIL FEBRUARY 2, 2008, SUBJECT TO FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01293 Legislation.pdf 07-01293 Summary Form.pdf 07-01293 Web Site I nfo. pdf 07-01293-Summary Fact Sheet. 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-07-0644 Chairman Gonzalez: Commissioner Sarnoff, you're recognized on CA.8, CA.11, and CA.13 and 19. Commissioner Sarnoff CA.8, I was curious, Mr. Manager, this talks about body armor protective vests. I just wanted to understand exactly -- the thing expected to see would be from the City ofMiami Police Department, yet, I see it's from the City ofMiami Fire Department, andl want to understand. Is body armor the same as bulletproof vests? Unidentified Speaker: Yes. Deputy Chief Maurice Kemp (Fire): Maurice Kemp, deputy chief. Yes, it is the same as bulletproof vests. Commissioner Sarnoff So the Fire Department has a need for bulletproof vests? Deputy Chief Kemp: We've always had these vests at our disposal. We don't routinely wear them, but in times of riot or other extreme circumstances, we would wear them, and we've had them for years. It's a valuable tool for us. We're in the same area, in the same exposure as the police, just in a different function. Commissioner Sarnoff Right, but this is not something you ordinarily wear? Deputy Chief Kemp: We hardly ever wear them -- Commissioner Sarnoff Okay. Deputy Chief Kemp: -- but we have them available. Commissioner Sarnoff Okay. Chairman Gonzalez: CA.11. City ofMiami Page 11 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff CA.11. CA.11 has -- it's not the issue that so concerns me, but the manner in which we're going about procurement. If you read the very end of CA.11, you'll see where it says "when deemed in the City of Miami's best interest, without further City Commission authorization." Now I don't know if we're -- I've never seen this language before, and I'm just curious, Mr. Manager, this allows you, with all due respect, to sort of act in the function of the City Commission because you can deem something in the City of Miami's best interest and need not come back before this Commission for authorization for procurement. Pedro G. Hernandez (City Manager): Glenn. Glenn Marcos: Commissioner, ifI may. Glenn Marcos, Purchasing director. This particular language was added in because of the fact that as -- of course, the nature of the contract is for medical supplies, and the manner that we conducted the actual bid, we end up bidding this out and awarding this out, and asking the City Commission to make the award on an item -by -item basis. There are times that we have not covered every medical supply herein, but we know for a fact that there's going to be a time in which the Fire -Rescue Department might need medical supplies on an emergency basis, but wouldn't want to come in front of the City Commission asking for an emergency basis. What we have decided to do is, we have a provision in front of you and within the actual contract, when that need arrives, that we would be able to add that actual item and that supplier, do a competitive process, onto the actual contract; something that we have done in the past. Commissioner Sarnoff Yeah. Not since -- I haven't seen this language before, and obviously, I'm not going to be an impediment to you or to the City with regard to medical supplies. Will this carry forward with other things other than medical supplies or health, welfare, and safety issues? Mr. Marcos: I'm sorry. Can you repeat that again? Commissioner Sarnoff In other words, are you going to use procurement contract where you are essentially acting with some great discretion beyond the medical supply issues into health, welfare, and safety issues, as well? Mr. Marcos: Well, I guess, to answer that question, Commissioner --I mean, obviously, we will end up using this particular provision on those contracts that obviously the need would be of an immediate -- you know, of an immediate need, but it won't be in every other contract. No. It's just those that are very, very sensitive to safety and welfare issues only, and that this -- it's just a prudent decision that I think that we all should be making. Commissioner Sarnoff Okay. Mr. Hernandez: Commissioner, this is not -- ifI may -- standard language that you will see in other procurement matters. Commissioner Sarnoff And that was my -- Mr. Hernandez: It's not. Commissioner Sarnoff -- curiosity. Okay. Chairman Gonzalez: 13. Commissioner Sarnoff 13. 13, my question, Mr. Manager, is is this money that comes from City ofMiami Page 12 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 the CIP (Civilian Investigative Panel) budget and not from the City budget? Mr. Hernandez: It comes from the CIP budget. I verified that last night. Commissioner Sarnoff Okay. Vice Chairman Sanchez: All right. Mr. Hernandez: It's under other contractual services. Commissioner Sarnoff I just wanted to verin, and make sure that that -- somehow an agency's budget was not sort of routed through the City ofMiami. Mr. Hernandez: It's not explicit. There's a line item where it says external auditing services, but it's part of other contractual services. Commissioner Sarnoff Okay. Vice Chairman Sanchez: Mr. Chairman, I also had some concern on this. The language wasn't very clear whether the money was in their budget for the FY-08. Mr. Marcos: Okay, ifI may. Glenn Marcos, Purchasing director. The -- as my understanding is, is the CIP line item budget for these services was $10, 000 for this new fiscal year, and that first year negotiated amount is $9,500, which is $500 less than what's budgeted, so they're within the budget and it is within their line item budget. Vice Chairman Sanchez: So it is not coming out of their general fund; it is coming out of their budget? Mr. Marcos: This is CIP. This is the Civilian Investigative Panel. Vice Chairman Sanchez: Yes -- Mr. Marcos: Yes. Vice Chairman Sanchez: -- so it's coming out of their -- Mr. Marcos: They're not -- Vice Chairman Sanchez: -- budget? Mr. Marcos: Yes. Vice Chairman Sanchez: I don't have a problem with it. [Later..] Chairman Gonzalez: We need a motion on CA.8. Commissioner Sarnoff So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We -- all in favor, say "aye. City ofMiami Page 13 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. CA.9 07-01294 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 12, 2007, PURSUANT TO INVITATION FOR BIDS NO. 38043, FROM HENRY SCHEIN MATRX MEDICAL, FOR THE PURCHASE OF STRETCHERS AND ACCESSORIES, 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. 07-01294 Legislation.pdf 07-01294 Summary Form.pdf 07-01294 Award Recommendation & Approval Form.pdf 07-01294 Bid Tabulation.pdf 07-01294 Invitation For Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0635 CA.10 07-01295 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CONCEPT HOUSE, INC., A FLORIDA NON-PROFIT CORPORATION, FOR THE USE OF THE CITY -OWNED PROPERTY LOCATED AT 4850 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, ON A MONTH TO MONTH BASIS, FOR THE PURPOSE OF PROVIDING SUBSTANCE ABUSE TREATMENT AND OUTPATIENT PROGRAM SERVICES, INCLUDING BUT NOT LIMITED TO, INDIVIDUAL AND GROUP COUNSELING, FAMILY THERAPY, LIFE SKILLS TRAINING, SCHOOL DROP -OUT PREVENTION AND RELATED EDUCATIONAL SESSIONS, AS WELL AS RELATED ADMINISTRATIVE OFFICE SPACE; PROVIDING FOR PAYMENT OF AN ANNUAL USE FEE OF ONE HUNDRED DOLLARS ($100), PLUS STATE OF FLORIDA USE TAX, AS APPLICABLE; PROVIDING FOR PAYMENT OF A GUARANTEE DEPOSIT OF FIVE HUNDRED DOLLARS ($500), WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID AGREEMENT AS NEEDED. City ofMiami Page 14 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 CA.11 07-01296 Department of Purchasing 07-01295 Legislation.pdf 07-01295 Exhibit.pdf 07-01295 Exhibit 2.pdf 07-01295 Exhibit 3.pdf 07-01295 Exhibit 4.pdf 07-01295 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0636 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED AUGUST 6, 2007, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 34019,4, FROM THE VARIOUS VENDORS AS IDENTIFIED ON THE ATTACHED BID TABULATION SHEET, FOR THE PURCHASE OF MEDICAL SUPPLIES, ON AN AS -NEEDED, CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CHIEF PROCUREMENT OFFICER IN ACCORDANCE WITH THE IFB SECTION 2.16, AS AMENDED, TO ADD ITEM(S) OR SUPPLIER(S) TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 07-01296 Legislation.pdf 07-01296 Summary Form.pdf 07-01296 Award Recommendation & Approval Form.pdf 07-01296 Approved Equal Items.pdf 07-01296 Tabulation Of Bids.pdf 07-01296 Invitation For Bids.pdf 07-01296 Letter.pdf 07-01296 Letter 2.pdf 07-01296 Letter 3.pdf 07-01296 Letter 4.pdf 07-01296 Letter 5.pdf 07-01296 Letter 6.pdf 07-01296 Letter 7.pdf 07-01296 Letter 8.pdf 07-01296 Letter 9.pdf 07-01296 Letter 10.pdf 07-01296 Letter 11.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-07-0645 City ofMiami Page 15 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. CA.12 07-01297 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND COCONUT GROVE CARES, INC., A FLORIDA NON-PROFIT CORPORATION, FOR THE USE OF THE CITY -OWNED PROPERTY LOCATED AT 3870 WASHINGTON AVENUE, MIAMI, FLORIDA, A/K/A 3900 THOMAS AVENUE, ON A MONTH TO MONTH BASIS, FOR THE PURPOSE OF PROVIDING AFTER -SCHOOL INTERVENTION ACTIVITIES FOR AT RISK YOUTH, INCLUDING BUT NOT LIMITED TO ARTS/CRAFTS, CULTURAL, TUTORIAL/EDUCATIONAL, RECREATIONAL/SPORTS ACTIVITIES, PARENTING SKILLS TRAINING AS WELL AS ADMINISTRATIVE OFFICE SPACE; PROVIDING FOR PAYMENT OF AN ANNUAL USE FEE OF ONE HUNDRED DOLLARS ($100), PLUS STATE OF FLORIDA USE TAX, AS APPLICABLE; PROVIDING FOR PAYMENT OF A GUARANTEE DEPOSIT OF FIVE HUNDRED ($500), WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID AGREEMENT AS NEEDED. 07-01297 Legislation.pdf 07-01297 Exhibit.pdf 07-01297 Exhibit 2.pdf 07-01297 Exhibit 3.pdf 07-01297 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0637 CA.13 07-01302 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CIVILIAN INVESTIGATIVE PANEL ("CIP") AND THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 32054, THAT THE SOLE PROPOSER, HARVEY, COVINGTON & THOMAS, LLC, IS QUALIFIED TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE CIP; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CIP TO NEGOTIATE AND EXECUTE City ofMiami Page 16 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $9,500, FOR THE FIRST YEAR, $10,000, FOR THE SECOND YEAR, $12,000, FOR THE THIRD YEAR, AND $12,500, FOR THE FOURTH AND FIFTH YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $56,500; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 12100.950101.532000. 07-01302 Legislation.pdf 07-01302 Exhibit.pdf 07-01302 Exhibit 2.pdf 07-01302 Exhibit 3.pdf 07-01302 Summary Form.pdf 07-01302 Letter.pdf 07-01302 Insurance Requirements.pdf 07-01302 Evaluation Forms.pdf 07-01302 Request For Proposals.pdf 07-01302 Vendors List.pdf 07-01302 Pre-Legislation.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-07-0646 Vice Chairman Sanchez: CA.13. Chairman Gonzalez: CA.13. Commissioner Sarnoff So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion; we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. All right. Priscilla A. Thompson (City Clerk): Thank you. Chairman Gonzalez: You're welcome. CA.14 07-01303 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLVING COLD CASES WITH DNA," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $441,063; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY City ofMiami Page 17 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-01303 Legislation.pdf 07-01303 Exhibit.pdf 07-01303 Exhibit 2.pdf 07-01303 Exhibit 3.pdf 07-01303 Exhibit 4.pdf 07-01303 Exhibit 5.pdf 07-01303 Exhibit 6.pdf 07-01303 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0638 CA.15 07-01314 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT AGREEMENT AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING PROJECT AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA INLAND NAVIGATIONAL DISTRICT, TO EXTEND THE CURRENT END DATE FOR THE DINNER KEY MOORING AND ANCHORAGE FIELD PROJECT -PHASE 1, FROM SEPTEMBER, 2007 TO SEPTEMBER, 2008. 07-01314 Legislation.pdf 07-01314 Exhibit.pdf 07-01314 Summay Form.pdf 07-01314 Project Agreement.pdf 07-01314 Waterways Assistance Program. pdf 07-01314 Matching Funds Certification.pdf 07-01314 Payment Reimbursement Request Form.pdf 07-01314 Project Completion Certification.pdf 07-01314 Quarterly Status Report. pdf 07-01314 Waterways Assistance Project Schedule. pdf 07-01314 Atlantic Intercoastal.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0639 CA.16 07-01317 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING PROJECT AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA INLAND NAVIGATIONAL DISTRICT, TO EXTEND THE CURRENT END DATE FOR THE BICENTENNIAL PARK SHORELINE STABILIZATION -STAGE III PROJECT, FROM SEPTEMBER, 2007 TO SEPTEMBER, 2008. City ofMiami Page 18 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 CA.17 07-01324 Office of Grants Administration CA.18 07-01334 Office of Grants Administration 07-01317 Legislation.pdf 07-01317 Exhibit.pdf 07-01317 Exhibit 2.pdf 07-01317 Summary Form.pdf 07-01317 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0640 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "COMPASSION CAPITAL FUND (CCF) DEMONSTRATION GRANT PROGRAM," CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF COMMUNITY SERVICES, ADMINISTRATION FOR CHILDREN AND FAMILIES, IN THE AMOUNT OF $500,000, PER YEAR, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $50,000; ALLOCATING THE AMOUNT OF $50,000, FROM THE CITYWIDE POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 15500.101000.891999.0000.00000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-01324 Legislation.pdf 07-01324 Exhibit.pdf 07-01324 Exhibit 2.pdf 07-01324 Exhibit 3.pdf 07-01324 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0641 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD, FROM THE FLORIDA INLAND NAVIGATION DISTRICT, IN AN AMOUNT NOT TO EXCEED $390,000, FOR THE DINNER KEY MARINA DREDGING PROJECT; AUTHORIZING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $410,000, FOR A TOTAL PROJECT COST OF $800,000; AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $410,000, FROM CAPITAL IMPROVEMENT PROJECT B-30247; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City ofMiami Page 19 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 CA.19 07-01344 Office of the City Attorney 07-01334 Legislation.pdf 07-01334 Exhibit.pdf 07-01334 Exhibit 2.pdf 07-01334 Exhibit 3.pdf 07-01334 Summary Form.pdf 07-01334 Funding Breakdown Detail report.pdf 07-01334 Text File Report.pdf 07-01334 Pre-Attachment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0642 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LYLLIAM Y. GARCIA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $43, 660 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF LYLLIAM Y. GARCIA VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 06-19648 CA (24), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-01344 Legislation.pdf 07-01344 Cover Memo.pdf 07-01344 Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: CA.19. Commissioner Sarnoff CA.19, Mr. Chairman, is a settlement, which I just was provided some documentation, and I'm just having some difficulty -- maybe this -- 'cause of what do for a living. I'm just having some difficulty believing that the injuries sustained by this woman required this amount of medical care, so what I'd like to do is have this brought back -- Glenn Marcos (Director, Purchasing): Right, okay. Commissioner Sarnoff -- because I -- unfortunately, I've had two major knee surgeries, and neither one of mine cost what this cost here, and I'm trying to understanding how would -- what I would describe as a lawyer as minor knee surgery can end up costing what this cost, so I'd like to look into this a little more before I make an approval -- Mr. Fernandez: Sure. Commissioner Sarnoff -- to spend the citizens taxpayers' dollars on something that I'm just City ofMiami Page 20 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 having trouble believing. Chairman Gonzalez: So you'd like to defer CA -- Vice Chairman Sanchez: No, no. Chairman Gonzalez: -- 19? Vice Chairman Sanchez: Continue. Chairman Gonzalez: Continue. Commissioner Sarnoff Continue, yes. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion to continue CA.19, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Now we need a motion on CA.8, CA.11, and CA.13. Commissioner Sarnoff So move. Priscilla A. Thompson (City Clerk): Sir? I'm sorry. Chair, because they're individual items, they're individual resolutions, we're going to need to vote on each one individually, please. Chairman Gonzalez: All right. CA.20 07-01345 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Public Facilities CITY MANAGER TO MAKE PAYMENTS TO SPECIFIC ENTITIES FOR PAST AND FUTURE EVENTS, PURSUANT TO THE INCENTIVE PROGRAM OUTLINED IN THE SALES INITIATIVE PLAN, AS MAY BE AMENDED FROM TIME TO TIME, WHEREBY ITS CRITERIA AND FUNDING WAS APPROVED PURSUANT TO RESOLUTION NO. 02-1300, ADOPTED DECEMBER 12, 2002; EXTENDING THE TIMEFRAME FOR FUNDING INDICATED IN SAID RESOLUTION, BEYOND THE FOUR YEARS, TO ASSIST THE DOWNTOWN HOTEL TASK FORCE BY INCREASING CONVENTIONS AND TOURISM IN DOWNTOWN MIAMI; ALLOCATING FUNDS, FOR SAID PURPOSE, FROM A SPECIAL REVENUE ACCOUNT, SUBJECT TO BUDGETARY APPROVAL. 07-01345 Legislation.pdf 07-01345 Summary Form.pdf 07-01345 Sales Initiative Program.pdf 07-01345 Pre-Legislation.pdf 07-01345 Sales Initiative Plan.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 21 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 R-07-0643 CA.21 07-01277 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES, TO ALLOW THE COMBINED PROPERTIES WHICH MAKE UP PONCE MEDICAL PLAZA LOCATED IN MIAMI AND CORAL GABLES, TO BE DEVELOPED AS ONE INTEGRATED DEVELOPMENT LOCATED OVER THE MUNICIPAL BOUNDARIES OF BOTH CITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION AND NO LESS THAN THREE (3) EXECUTED ORIGINALS TO THE CITY OF CORAL GABLES, FOR THE EXECUTION OF SAID AGREEMENT BY THE OTHER PARTIES. (MAY NEED REVISIONS) 07-01277 Legislation.pdf 07-01277 Exhibit.pdf 07-01277 Exhibit 2.pdf 07-01277 Exhibit 3.pdf 07-01277 Summary Form.pdf 07-01277 Letter.pdf CONTINUED Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, 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 go into consent agenda. Does the Commission wishes to defer any items from the consent agenda, pull it for discussion, or --? Commissioner Sarnoff I'd like to pull for discussion, Mr. Chair, CA.8, CA.11, CA.13, and CA.19. Chairman Gonzalez: CA.8, CA.11, CA.13 -- Commissioner Sarnoff And CA.19, sir. Chairman Gonzalez: -- and CA.19. Any other items to be pulled for discussion or defer? All right. Can I have a motion to approve the balance of the consent agenda? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." City ofMiami Page 22 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 23 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 SPECIALLY SCHEDULED ITEM SS.1 07-01270 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), Clerk OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2007, FOR THE ELECTION OF COMMISSIONER DISTRICT 1, COMMISSIONER DISTRICT 2, AND COMMISSIONER DISTRICT 4. 07-01270 memo.pdf 07-01270-Submittal-Unoffical Results for the November 6, 2007 General Municipal Election for Dis 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-07-0647 Chairman Gonzalez: Let's go to SS.1. Vice Chairman Sanchez: SS.1? Chairman Gonzalez: I mean -- I'm sorry. Commissioner Spence -Jones: Yeah. Jorge L. Fernandez (City Attorney): Yeah. Commissioner Sarnoff Yeah. Chairman Gonzalez: Yeah. Commissioner Sarnoff SS.1, yeah. Chairman Gonzalez: Special Scheduled Item, SS.1, accepting election results. Vice Chairman Sanchez: Oh. Priscilla A. Thompson (City Clerk): Yes, sirs. You have -- what was distributed to you on Wednesday were -- and on Thursday, yesterday, were the unofficial results certification for the election on Tuesday, November 6. They're unofficial because we still have to count the provisional ballots. Today is the deadline for those provisional ballots to come in and be counted. I will be going to the Supervisor of Elections' office this afternoon to canvass those votes, and we, hopefully, will have our certification before the end of today. Chairman Gonzalez: So you want us to -- Ms. Thompson: Yes. We do -- Chairman Gonzalez: -- defer? Ms. Thompson: -- have to accept these -- the certificate that we have before us now. When we get the official results, they will also be presented to you at the December meeting. City ofMiami Page 24 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: So motion to accept the report -- or certificate report -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- for the elections. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 25 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 PUBLIC HEARING PH.1 07-01322 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS FINDINGS AND RECOMMENDATION, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, FOR THE PROCUREMENT OF BANKING SERVICES -CITY-WIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH WACHOVIA BANK N.A., FOR SAID PURPOSE; EXTENDING THE TERM ON A MONTH TO MONTH BASIS, EFFECTIVE DECEMBER 1, 2007, UNDER THE SAME TERMS, CONDITIONS, AND PRICES OF THE CURRENT AGREEMENT UNTIL ISSUANCE OF A NEW REQUEST FOR PROPOSALS, AWARD OF THE REQUEST FOR PROPOSALS TO THE SUCCESSFUL PROPOSER, EXECUTION OF AN AGREEMENT, AND BANKING SYSTEM INTERFACES ARE COMPLETED. 07-01322 Legislation.pdf 07-01322 Exhibit.pdf 07-01322 Summary Form.pdf 07-01322 Memo.pdf 07-01322 Memo 2 .pdf 07-01322 Notice Of Public Hearing.pdf 07-01322 Memo 3.pdf 07-01322 Contract Award.pdf 07-01322 Memo 4.pdf 07-01322 Professional Services Agreement Amendment.pdf 07-01322 Master Report.pdf 07-01322 Pre-legislation.pdf 07-01322 Memo 5.pdf 07-01322 Amendment No. 2.pdf 07-01322 Professional Services Agreement. pdf 07-01322 Pre -Legislation 2.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-07-0648 Chairman Gonzalez: Okay. PH.1. Pedro G. Hernandez (City Manager): Commissioners, PH.1 is the extension on a month -to -month basis of Wachovia banking services. We're in the process of incorporating the Oracle Financial System to our finances, and we would like to be able to retain Wachovia while we finish that stabilization process. We plan to have a new RFP (Request for Proposals) process for new banking services that should be in place within four to six months. Diana. City ofMiami Page 26 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Diana Gomez: Yes. Diana Gomez, Finance director. That's correct. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing -- Yes, sir. Good morning. Lance Aylsworth: Good morning. Chairman Gonzalez: We need your -- Mr. Aylsworth: Lance Aylsworth -- Chairman Gonzalez: -- name and address for the record. Mr. Aylsworth: I'm sorry, sir? Chairman Gonzalez: We need your name and address for the record. Mr. Aylsworth: Yes, sir. Lance Aylsworth, representative of Wachovia Bank, 200 South Biscayne Boulevard. Priscilla A. Thompson (City Clerk): I am so sorry. You need to speak into the mike, please, sir. I can't hear you. Mr. Aylsworth: Lance Aylsworth, Wachovia Bank representative, 200 South Biscayne Boulevard. We just wanted to take the opportunity to say that we're pleased with the business in the City ofMiami, longstanding contract, and anything you need or any questions you may have, I'm here to answer them. Chairman Gonzalez: Thank you, sir. Anyone else? Vice Chairman Sanchez: I would make a motion. Commissioner Spence -Jones: Like to second it, but I'd like to also add a comment. Vice Chairman Sanchez: Discussion. Commissioner Spence -Jones: Discussion. Chairman Gonzalez: We have a motion, and we have a second. Discussion. Commissioner Spence -Jones: Okay. I just wanted to -- I know, Diana, we've had a discussion about it, and for the most part, I understand why we're having to do it this way, but I guess this is really, more or less, for Wachovia, but I just want to make sure that it's on the record when we put out the CRA (Community Redevelopment Agency) to bid for RFPs for this, we want to look -- start looking at issues of how these banks work with -- along with the minority communities, businesses in the area, especially the loans for affordable housing projects. We want to see that they're real partners, andl also know that -- through my conversations with Larry, I know that you're also looking at also expanding that, at one time or the other, to include smaller banks, correct? Larry Spring (Chief Financial Officer): Correct. City ofMiami Page 27 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Ms. Gomez: That is -- Commissioner Spence -Jones: So that all the business is not all in one bank, so at this time, we're going to go ahead and approve it because there's a need for it, but you are looking at banks that will have that kind of sensitivity based on projects and stuff that we have going on throughout the City and for our employees. Ms. Gomez: Right. Mr. Spring: Larry Spring, chief financial officer. To your first point, Commissioner, having been a banker, the banks are required by regulation to do that type of investment, so we will make sure that they're fulfilling their commitments. With regards to the RFP, we are intending to expand it so that some of our smaller banking -- ancillary banking services can be obtained by smaller minority banks in the area, so -- Commissioner Spence -Jones: Thank you, sir. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman, on this item, just for a point of clarification on this. It is on month -to -month, and the contract expires December 1. Am I correct on that? Ms. Gomez: No. The current contract expires November 30, 2007, and it is a month -to -month -- and Wachovia has agreed on a month -to -month for up to a year with the same terms and conditions. Vice Chairman Sanchez: All right, and if we, for whatever reason, don't come to an agreement, then we don't have a banking, so therefore, we can't pay our vendors; we can't pay our employees -- Ms. Gomez: Exactly. Vice Chairman Sanchez: -- and it's chaos. Ms. Gomez: Exactly. Vice Chairman Sanchez: Now just how -- what are we looking at on the time frame for the RFP? Ms. Gomez: In term -- Vice Chairman Sanchez: I think it's important any time that you have this -- an item like this where you're extending -- because, apparently, you know, it has an expiration date on it. It's important to know -- at least I want to know how far down the line would we be able to put out the RFP and select a banking institution. Glenn Marcos: Glenn Marcos, Purchasing director. The actual process of the RFP, you're looking at within the next two month [sic], the issuance of the RFP. Then you will end up having a time frame from the time that it's issued to the time that it's -- that it should be submitted. Within that time frame, Commissioner, you're going to have a questioning and answering session in which those potential proposals -- proposers would have questions, as far as the nature of the scope of work and the City's needs, so you're going to have that question and answering session. Obviously, you might have possible addendums. Right after that you're going to end up having the selection process, having an evaluation selection committee put City ofMiami Page 28 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 together; reviewing the actual proposals, followed by negotiations with the recommended vendor, and then subsequently, after that, you will have the City Commission making the actual award. Then after that you will end up having -- in which that successful firm who will be awarded the contract would have to work with the Finance Department and the Information Technology Department to make sure that their system interfaces with the City's system. Vice Chairman Sanchez: So we are looking at possibly three to six months -- Mr. Marcos: I would -- Vice Chairman Sanchez: -- to have -- Mr. Marcos: -- I will caution andl would say the latter instead of the former. Vice Chairman Sanchez: Okay, and another issue that Commissioner Spence -Jones brought out, it's contributions to the City ofMiami as companies. I know banking institutions are required by federal law to participate in the community, but I think that the Administration also needs to think major corporations that come to Miami -- here's a perfect opportunity for us -- if they want to do business with the City, it's not only provide a service, get paid, you know. They're going to provide a service, they're going to get paid, but it's a perfect opportunity for us to, one, seek sponsorship of parks, seek donations to programs in our community 'cause, you know, it's not a one-way street; it's a two -street here, Mr. City Manager, and these major companies that are doing business with the City should not only take the gains but plant seeds in our communities to make this community a better place, and we have an opportunity now with companies, as the City moves forward -- you have major contracts that are coming in front of us for you to negotiate, as an in -kind service to the City, to provide something for the residents of the City, whether it's a beautification project, whether it's improving a park, whether it's making a donation to a local nonprofit organization, such as the YMCA (Young Men's Christian Association), the Boys & Girls Club, just -- you know, don't want to mention any companies, but organizations such as those. Thank you. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Let's go to FR.1. Jorge L. Fernandez (City Attorney): Have the City Clerk reflect that that was a four fifth vote and it was unanimously passed. Ms. Thompson: It is so reflected. Vice Chairman Sanchez: All right. You're on the ball, Mr. City Attorney. City ofMiami Page 29 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 ORDINANCE - FIRST READING FR.1 07-01304 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION ADDING A NEW Parks and SECTION TO CHAPTER 2, ARTICLE XI OF THE CODE OF THE CITY OF Recreation MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," TO ESTABLISH THE PARKS AND RECREATION ADVISORY BOARD, TO SET FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES, AND JURISDICTION; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL, AND ASSIGNMENT OF STAFF AND LIAISON(S), AND TO PROVIDE FOR AN ANNUAL REPORT AND THE "SUNSET" REVIEW OF SAID BOARD EVERY FOUR YEARS; MORE PARTICULARLY BY ADDING TO ARTICLE XI A NEW DIVISION 11, BY AMENDING SECTION 2-887 OF SAID CODE, TO ADD THE PARKS AND RECREATION ADVISORY BOARD AND TO DELETE THE FORMER COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE AND THE FORMER PARKING ADVISORY BOARD; AND BY AMENDING 2-892 OF SAID CODE TO ADD THE PARKS AND RECREATION ADVISORY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (MAY NEED REVISIONS) 07-01304 Legislation.pdf 07-01304 Summary Form.pdf CONTINUED City ofMiami Page 30 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 RE.1 07-01305 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), FOR THE PAUL S. WALKER MINI PARK PROJECT, CAPITAL IMPROVEMENT PROJECT NO. B-39910D, IN THE TOTAL AMOUNT NOT TO EXCEED $400,000; ALLOCATING FUNDS IN THE AMOUNT OF $250,000, FROM THE DDA, AND FUNDS IN THE AMOUNT OF $150,000, FROM CAPITAL IMPROVEMENT PROJECT B-39910D. 07-01305 Legislation.pdf 07-01305 Exhibit.pdf 07-01305 Summary Form.pdf 07-01305-Submittal-Paley Park Article. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0654 Direction by Commissioner Sarnoff to the City Manager to use the City's best efforts to challenge the most famous, internationally known architects in Miami to come up with a great concept for Paul Walker Park, possibly utilizing world-renowned landscapers. Chairman Gonzalez: All right. Let's go to resolution, RE.1. Commissioner Sarnoff Mr. Chairman, can I get a deferral on that for about a half-hour? Chairman Gonzalez: In RE.1? Commissioner Sarnoff Yes. Chairman Gonzalez: Yeah. You want to continue it? Commissioner Sarnoff Just a deferral for about 20 minutes. Chairman Gonzalez: All right. Priscilla A. Thompson (City Clerk): He'd like it tabled. Vice Chairman Sanchez: Table it. Commissioner Sarnoff Table. Chairman Gonzalez: Table. Ms. Thompson: Thank you. Commissioner Sarnoff I didn't see that on my chart. Where's the table? I didn't see table. City ofMiami Page 31 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Chairman Gonzalez: Table is not on the chart. RE.2. Vice Chairman Sanchez: RE.2, I believe, was deferred, right? Pedro G. Hernandez (City Manager): Yes. Vice Chairman Sanchez: Yes. Chairman Gonzalez: It was deferred? Ms. Thompson: Yes. Mr. Hernandez: Withdrawn, as a matter offact. Chairman Gonzalez: It was withdrawn. Vice Chairman Sanchez: Okay. Chairman Gonzalez: Okay. [Later..] Chairman Gonzalez: Let's go into boards, BC.1, Arts and -- Commissioner Sarnoff Could we --? Chairman Gonzalez: -- Entertainment Council. Commissioner Sarnoff I think, Mr. Chairman, I -- we -- I deferred or I asked that RE.1 be held back. Chairman Gonzalez: I don't think you have any -- Commissioner Sarnoff No. RE.1. Remember, I said RE (Resolution) -- Chairman Gonzalez: Oh, RE.1? Okay, RE.1. Commissioner Sarnoff Is Raymond Jungles in the audience? Andres Arcila: I'm here on behalf of Raymond Commissioner Sarnoff Okay. Vice Chairman Sanchez: What? What is this? Commissioner Sarnoff This is just RE.1. Chairman Gonzalez: RE.1. Vice Chairman Sanchez: Oh. Ola Aluko: RE.1. Ola Aluko, director of CIP (Capital Improvements Program), City of Miami. RE.1 is a resolution authorizing the Manager to enter into an agreement with the Miami City ofMiami Page 32 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Downtown Development Authority. The DDA (Downtown Development Authority) wishes to partially fund the Paul S. Walker mini park project at 46 West Flagler, downtown, and the City will be responsible for the balance of the funding, as well as the management and administration of the project. So far the Downtown Development Authority has contribution $250, 000 towards this park, and the City will contribute $150, 000 through the appropriate funding source. The park is currently in preliminary design. Demolition of the existing structure should commence the first, maybe second week of December, and we expect to start construction, hopefully, in the first -- well, definitely in the first quarter of 2008. That's -- concludes that item. Commissioner Sarnoff Just as a comment, Mr. Chairman. This is, obviously, Paul Walker Park, which was probably the -- one of the first issues I tackled here as a City Commissioner, and it was -- this is the park that seems to have a building that grew on top of it, and the City Manager's -- is going to have it demolished, the building, and we're going to build a park. I would ask and issue a challenge out there that this is very much like Paley Park in New York. Paley Park is -- was voted the number one park in the United States for a park of its size. The dimensions of Paul Walker Park are identical to the dimensions of Paley Park, and I would ask that we would use our best efforts at using some of the most famous architects and internationally -known architects here in Miami and challenge them, Mr. Manager, to come up with a great concept for this park, possibly using some very world round -- world -known and renowned, I should say, landscape people, like Raymond Jungles. I know you're here for Raymond Jungles. You want to get up and speak for a moment? Vice Chairman Sanchez: How big -- square feet? How many -- big is this park? Commissioner Sarnoff Go ahead. Vice Chairman Sanchez: Square feet? Mr. Arcila: Okay. Hello. My name's Andres Arcila. I'm here on behalf of Raymond Jungles. We're here to express our interest on the park. We feel it's a great opportunity for the City. It's -- particularly because it's in an urban environment. Currently, we are involved with other public projects, including Lincoln Road in Miami Beach, New World Symphony, and we also have done previous work with Fairchild Botanical Garden, and some other botanical garden, such as Naples and Key West. Basically, our work is -- to put it in the simplest terms, we are interested in creating quality environments that consist of native vegetation and provide places that make people feel good and welcoming. Commissioner Sarnoff Thank you. Mr. Aluko: Thirty-two hundred. Vice Chairman Sanchez: Thirty-two hundred. Pedro G. Hernandez (City Manager): Ola, please put that on the record so everybody can hear. I think that you were commenting on the size of -- Mr. Aluko: Yes. It's a thirty-two -- Mr. Hernandez: -- the park. Mr. Aluko: -- hundred -- Vice Chairman Sanchez: Hundred. City ofMiami Page 33 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Aluko: -- square feet -- 4, 200-square feet park. Commissioner Sarnoff Okay. It's identical in size and dimensions to Paley Park, and l just -- I think we have a great opportunity here. I know Commissioner Sanchez, as the chairman of the DDA, has been very, very cooperative in terms of not only funding, but taking a specific interest in this park, and think it's an opportunity that we shouldn't miss. We should make it a great park. We should come up with some great ideas, and give some architects an opportunity to pay the City back for some very good fees that they've received over the years from the City, and give them the opportunity to demonstrate to the citizens just what they can design and how well they can do, so I know this is a simple resolution. I'll make a motion to approve. Commissioner Regalado: Second. Vice Chairman Sanchez: To approve the existing -- Commissioner Sarnoff Resolution. Vice Chairman Sanchez: -- with the language that you proffered, to use reasonable -- Commissioner Sarnoff No, no. I won't even put that in -- Vice Chairman Sanchez: Oh, okay. Commissioner Sarnoff -- Commissioner. I think -- Vice Chairman Sanchez: I would -- Commissioner Sarnoff -- the City has its resources -- Vice Chairman Sanchez: -- second it. Commissioner Sarnoff -- and its means -- right. Vice Chairman Sanchez: All right. Commissioner Sarnoff I understand your concern and I share it. Vice Chairman Sanchez: Okay. I second it. Priscilla A. Thompson (City Clerk): Vice Chair, are you sitting as the Chair? Commissioner Regalado: I second it. Vice Chairman Sanchez: I guess I am. Commissioner Regalado: I second it. Vice Chairman Sanchez: All right. For the -- Ms. Thompson: Thank you. Vice Chairman Sanchez: -- record, the motion has been made by Commissioner Sarnoff, second by Commissioner Regalado. No further discussion on the item. It's a resolution. All in City ofMiami Page 34 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 RE.2 07-01307 Department of Planning RE.3 07-01323 Department of Solid Waste favor, say "aye. " Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay," and all could say, let's get that park done quickly. Mr. Aluko: Thank you. We will. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE OF $85,045, IN THE AMOUNT OF THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, AS PREVIOUSLY AMENDED BY THE FIRST AMENDMENT (COLLECTIVELY, THE "AGREEMENT"), WITH COOPER ROBERTSON AND PARTNERS LLP, FOR ADDITIONAL SERVICES AND ADDITIONAL TIME REQUIRED FOR THE MASTER PLANNING OF THE MUSEUM PARK PROJECT, INCREASING THE AGREEMENT TO A TOTAL AMOUNT NOT TO EXCEED $1,485,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01307 Legislation.pdf 07-01307 Exhibit.pdf 07-01307 Summary Form.pdf 07-01307 Composite ExhibitA.pdf 07-01307 Text File Report.pdf 07-01307 Services Agreement.pdf 07-01307 Pre-Legislation.pdf 07-01307 Acceptance Of City Manager.pdf 07-01307 A Master Plan.pdf 07-01307 City Owned Properties Historic Designations.pdf 07-01307 Text File Report 2.pdf 07-01307 First Amendment To Agreement.pdf 07-01307 Compensation.pdf 07-01307 Text File Report 3.pdf 07-01307 Text File Report 4.pdf WITHDRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND JAA INDUSTRIAL WASTE, INC. ("JAA"), TO ALL FLORIDA LAND CLEANING, INC. ("AFLC") AND THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT, THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, AND THE ADDENDUM TO THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS. City ofMiami Page 35 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 07-01323 Legislation.pdf 07-01323 Exhibit.pdf 07-01323 Exhibit 2.pdf 07-01323 Exhibit 3.pdf 07-01323 Summary Form.pdf 07-01323 Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0649 Chairman Gonzalez: RE.3. Mario Soldevilla: Good morning, Commissioners. Mario Soldevilla, director of Solid Waste. This is a resolution seeking your approval for a -- an assignment of a franchise commercial hauler agreement between JA & A [sic] and All Florida Land Clearing [sic]. J & A [sic] is in complete compliance with their franchise agreement, and they do not owe any -- the City any money, and All Florida Land Clearing [sic] has met all of the requirements for becoming a commercial hauler. Vice Chairman Sanchez: When you mean complete compliance, they're in good standings with the City? Mr. Soldevilla: Yes, they are, sir. Vice Chairman Sanchez: They do not owe us any fees -- Mr. Soldevilla: No, they do not. Vice Chairman Sanchez: -- so there's no outstanding debt to the City -- Mr. Soldevilla: No outstanding, no. Vice Chairman Sanchez: -- whatsoever. Mr. Soldevilla: Correct, correct. Vice Chairman Sanchez: All right. So move, Mr. Chair. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Soldevilla: Thank you. RE.4 07-01315 RESOLUTION City ofMiami Page 36 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD') REGARDING DESIGNING, CONSTRUCTING, AND FUNDING OF A CO -LOCATED INTERNATIONAL POLICE TRAINING FACILITY ("POLICE COLLEGE AND A LAW ENFORCEMENT HIGH SCHOOL ("HIGH SCHOOL') (COLLECTIVELY, "FACILITY') ON THE CITY -OWNED SITE CREATED FROM THE UNIFICATION OF THE PROPERTIES LOCATED AT 405 NORTHWEST 3RD AVENUE, ("MIAMI POLICE HEADQUARTERS") AND 401 NORTHWEST 3RD AVENUE, ("ADJACENT LOT"), MIAMI, FLORIDA FOR THE DESIGN, CONSTRUCTION AND CONTINGENCIES OF THE FACILITY IN AN AMOUNT NOT TO EXCEED $37,470,000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LEASE AND OPERATING AGREEMENT WITH THE SCHOOL BOARD AND TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY TO ESTABLISH THE ONGOING RESPONSIBILITIES OF BOTH PARTIES PURSUANT TO THE INTERLOCAL AGREEMENT TO ACCOMPLISH THE CONSTRUCTION, FUNDING, AND CONTINGENCIES OF THE FACILITY. 07-01315 Legislation.pdf 07-01315 Exhibit.pdf 07-01315 Exhibit 2.pdf 07-01315 Exhibit 3.pdf 07-01315 Exhibit 4.pdf 07-01315 Exhibit 5.pdf 07-01315 Exhibit 6.pdf 07-01315 Exhibit 7.pdf 07-01315 Exhibit 8.pdf 07-01315 Exhibit 9.pdf 07-01315 Summary Form.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-07-0650 Direction by Commssioner Spence -Jones to the City Manager and the City Attorney to examine the policy the Miami -Dade County School Board is currently utilizing to ensure minority and women participation for construction projects; further directing that the City Manager ensure that the Police College project will include minority and women participation. Chairman Gonzalez: RE.4. Laura Billberry (Director): Morning. Lori Billberry, Public Facilities. The item before you is a resolution authorizing an interlocal agreement between the City and the School Board for a colocated international police training facility and a law enforcement high school. The resolution will further authorize the Manager to negotiate a lease agreement, which will be City ofMiami Page 37 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 presented to the Commission prior to execution, and it authorizes the Manager to execute such additional agreements such as an escrow agreement and the acceptance of an assignment of the construction contract from the School Board as part of this approval. The interlocal agreement provides for the design, construction, and funding of the facility, and it provides for a 41 percent 59 split of the expenses, with the City paying 59 percent and the School Board paying 41, and that is roughly estimated based on the square footage the parties will be utilizing in the facility. The City's share of the construction is $19, 697, 002, and the School Board's is going to be $14, 300, 000. They will additionally pay us -- reimburse the City for $886,998 for design expenses. This has been a partnership with the CIP (Capital Improvements Program) and the Public Facilities Department, so we do have -- CIP are here also to answer any specific questions regarding the construction matters, and there are representatives from the School Board here also. Chairman Gonzalez: Is there any questions on --? Yes, sir. Commissioner Regalado: Thank you, Mr. Chairman. On the interlocal, member [sic] that we discussed the need to have something in that agreement regarding City ofMiami students being in the upper list because it's going to be a limited admission number, but that is not written in the interlocal. Can we know why? Ms. Billberry: At this point this interlocal only deals with the design, construction, and financing of the project. We -- the School Board recognizes your concern, and we will either be addressing it in a letter, or we can ask them to do a commitment letter right -- as part of this approval -- Commissioner Regalado: No. I understand -- Ms. Billberry: -- and -- Commissioner Regalado: -- that this is about construction. Once we approve it, you build it. Ms. Billberry: They don't have a lease yet. Commissioner Regalado: Huh? Ms. Billberry: They don't have a lease yet. Commissioner Regalado: Well, they don't -- so who are we going to lease to, the other -- Broward School Board? No, but I mean, it is important because City's not only paying for the majority, but also giving them the land. Without the land, they couldn't build it, so the point is, you know, we need to have the assurances that City ofMiami students, of course, that will be qualified within their grades, could be selected because I remember that the last time it was discussed that this is a countywide school, and so the point is what do we get for the City students. Ana Rito-Conde: IfI might. Chair, and members of the Commission, my name is Ana Rito-Conde. I'm the planning officer for Miami -Dade County Public Schools. I do recollect the discussion at the last meeting and the point that you brought up. I can assure you that we are going to make our very best efforts to first market the seats that are available at this high school to the City ofMiami residents, and then, based on availability, we will market the seats to the rest of the County, so we can accomplish that through a seperate document, which will be a letter of agreement, and we will bring that to you at the time that you have your lease before you. Maybe that would be the way we can handle it. City ofMiami Page 38 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Regalado: Okay. Thank you. Commissioner Spence -Jones: Mr. -- Commissioner Regalado: Best effort, it's good, but a written letter is better. Chairman Gonzalez: All right. Any further -- Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: -- questions on the -- Commissioner Spence -Jones: Yes, Mr. Chairman. Chairman Gonzalez: -- item? Commissioner Spence -Jones: I just want to add in that same letter. I think we had this discussion already, Lori. I know the School Board has been pretty good at making sure that we have local participation and smaller contractors, but I want to make sure that our letter going over to them, we emphasize how important it is to have -- to engage local contractors in being - -by being employed on this overall project, so I think it's important for us to send that message, even though they automatically do it. I want to see us take a -- an additional step to include that in the letter because a lot of times these jobs take place and a lot of the local subcontractors or smaller businesses from our own city are not included in them, so I really want to make sure that that's also included in the letter. Gary Fabrikant (Assistant Director, Capital Improvements Program): Commissioner, as part of Pirtle Construction Company, who will be the contractor at -risk performing the work, to accept their GMP (Guaranteed Maximum Price), they must meet certain criteria. The criteria that's been established by the School Board they must meet is a measure of 15 percent for minority -owned business and five percent for women -owned business. Commissioner Spence -Jones: So -- wait a minute, so the School Board has a policy that's put in place and we don't? Mr. Fabrikant: They have a different program than the City -- Commissioner Spence -Jones: But -- Mr. Fabrikant: -- has. The School Board is actual -- Commissioner Spence -Jones: -- so how can we begin to look at what the School Board is doing, you know, because that's always the question that comes up when we have these projects, so -- Commissioner Spence -Jones, you can't mention minority; you can't mention women, but here's another form of government that has the same thing, but I always get the same excuses when it's time for me to talk about all these major projects happening throughout my district, at least, to include minorities or women, so you mean to tell me the School Board is, you know, five steps ahead of us? Mr. Fabrikant: The only thingl can -- Commissioner Spence -Jones: Can we look at whatever that policy is, since it was a issue with the federal law for us to be able to do that? Can we look at what the School Board's doing so that maybe we can learn something from them? City ofMiami Page 39 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Fabrikant: I would have to turn that over to the City Attorney as to the City's ability to apply those type of measures. Commissioner Spence -Jones: But thank you for making sure that it's included in the letter from us, but I would like to also direct the City Manager and the City Attorney to look at whatever the School Board's doing to make sure that minorities and women are included, and I'd like to see that 15 percent on all of these major contracts that we have coming up in front of the City Commission, since it's not a problem. Pedro G. Hernandez (City Manager): Commissioner, ifI may step in. My understanding is that it is a problem; it is an issue. There is no concern. It may be that the School Board's obtaining voluntary actions from vendors, contractors, et cetera. However, for the City of Miami to do it, it would be, in my opinion -- it's not proper. It's not legal. Commissioner Spence -Jones: What -- Mr. Manager, with all due respect -- and really appreciate you giving your opinion on it, but I would like to have the City Manager and the City -- both you and the City Attorney look at what they're doing and why it's working and why they haven't gotten in trouble for doing it. I mean, I don't think that's a hard request. I think women and minorities should be included. If the School Board's looking at it, we should do the same too. Mr. Hernandez: We'll take a further look at it. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, let me just state for the record that supported this since day one it was discussed. I think it's -- not only will it be good for the City, the high school, but also for the police department, but this is a big -ticket item. This is a $37.4 million, and it's broken down into 59 percent, the City; 41 percent, the School Board, andl think the bottom line here is that we want assurance on certain issues, and one of the issues that concerns us all is the cost of overruns, and last night was reading the -- late in the night was reading the interlocal agreement, and there's a line back here that I think needs to be properly addressed and put into the record, and it states -- just a -- one sentence. The City will bear all additional costs for construction of the facility. All right. Now I understand that the cost overruns or any change orders, whether it's our side, we handle it, or the other side, they handle it. Now what we need to explain -- so we don't get all surprised 'cause -- I mean, this dog has bitten us before where we have these major projects, big -ticket item projects, and they come back in front of this Commission. I want an example, as a unforeseen -- let's say steel quadruples -- and you could blame it on anybody you want -- what -- who would pick up the tab Ola Aluko (Director, Capital Improvements Program): Ola Aluko, direct -- Vice Chairman Sanchez: -- on an unforeseen changes? Mr. Aluko: Ola Aluko, director of CIP. As I explained to you yesterday, Mr. Commissioner, under the GMP contract, the contractor is pretty much responsible -- he is responsible for -- Vice Chairman Sanchez: I understand that. Mr. Aluko: -- additionals [sic]. Unforeseens [sic] -- City ofMiami Page 40 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: That's -- I -- we're protected on the guaranteed maximum price. Mr. Aluko: That's correct. Vice Chairman Sanchez: Now, unforeseen. Mr. Aluko: Unforeseens [sic], that's not -- Vice Chairman Sanchez: Because I've heard that word a couple of times -- Mr. Aluko: That's correct. Vice Chairman Sanchez: -- during your presentation. Unforeseen. Mr. Aluko: That's correct. Unforeseens [sic], that's not the responsibility of the contractor, will be shared by the School Board and the City, and you're requesting that language to be put into the interlocal? Vice Chairman Sanchez: No. The language -- Mr. Aluko: It's there. Vice Chairman Sanchez: -- is it on the -- Mr. Aluko: It's there. Vice Chairman Sanchez: -- interlocal? It's there. Mr. Aluko: Yes. Vice Chairman Sanchez: You don't need to put it in; it's there. Mr. Aluko: Yes, but we will -- Vice Chairman Sanchez: I just -- Mr. Aluko: -- share that cost, sir. Vice Chairman Sanchez: -- wanted you to state that on the record. Mr. Aluko: Yes. Vice Chairman Sanchez: Okay. Now the other issue that's of great concern -- and that's going to be the lease, but that's coming back to this Commission, okay. Now let me tell you why I think this project is good for everyone, all right. I happen to major in criminal justice administration. There's a lot of individuals out there that are in school right now possibly thinking about being a police officer, possibly thinking about being a correction officer, parole officer, bailiff,okay, and once they get out of high school, the only way and where they could go and attend, it's Miami -Dade North. This gives us an opportunity for these individuals, these students in that school to, through some type of progress [sic], and hopefully -- program, and hopefully, there'll be language included that City residents will have priority for these careers. These are good careers. They will have an opportunity to transfer to that academy and possibly pursue their career in any of the fields thatl stated before, so, once again, I think this City ofMiami Page 41 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 is going to be something that allow us to be recognized internationally with the police department to train officers as many times -- when I went through the City ofMiami SWAT (Special Weapons and Tactics) School many years ago -- I probably couldn't pass now, but I did graduate from it. Many, many police officers were coming in from all over South and Central America and Europe to train with us, so this gives us an opportunity to generate money, put our police department and our academic in higher standards and be recognized throughout the world, so it's something that I think would benefit the City, as well as the high school students possibly pursuing a career in law enforcement. Mr. Aluko: Very well. Chairman Gonzalez: All right. Does that conclude the discussion? Vice Chairman Sanchez: That's it. So moved, if there hasn't been a motion. Chairman Gonzalez: All right. There has been a motion, I believe, on RE.4, and there was a second, wasn't -- Priscilla A. Thompson (City Clerk): No. Chairman Gonzalez: -- it? No? All right. Commissioner Sarnoff Second. Chairman Gonzalez: We need a motion -- Commissioner Sarnoff Second. Chairman Gonzalez: -- and we need a second. Commissioner Sarnoff Second. Commissioner Spence -Jones: We moved -- I thought we move -- 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. RE.5 07-01308 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RALPH FERNANDEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $425,000, 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, 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. City ofMiami Page 42 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 05002.301001.524000.0000.00000. 07-01308 Legislation.pdf 07-01308 Cover Memo.pdf 07-01308 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 RE.6 07-01309A District 2- Commissioner Marc David Sarnoff R-07-0651 Chairman Gonzalez: RE.5. It's a settlement. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, this is a settlement of a workers' compensation claim that the City has been involved in for several years. The individual has been declared permanently, totally disabled, and what we have done is an analysis of the value of the claim over the life of the individual, actuarially speaking, and at this time, the individual and the City have decided that it's in both of our best interest to, approximately what would be 45 cents on the dollar when you look at the exposure that the City has -- it's more than exposure. It's an obligation that, in fact, the City has because the person has already been adjudicated or determined to have been permanently and totally disabled in the line of duty, so this is one of those settlements that is in the best interest of the City, financially, to continue to reduce its workers' comp liability. Chairman Gonzalez: All right. Is there a motion on RE. 5? Commissioner Sarnoff So move. Chairman Gonzalez: There is -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- a motion. 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 DIRECTING THE CITY MANAGER TO TAKE ACTION BANNING THE CITY OF MIAMI ("CITY") FROM PURCHASING PLASTIC WATER BOTTLES FOR CONSUMPTION IN CITY OFFICES IN CONTAINERS THAT ARE LESS THAN TWO LITERS, AFTER THE EXPIRATION OF THE BOTTLED WATER AND RENTAL OF DISPENSERS BID CONTRACT NO. 4-1-7-036, EFFECTIVE MARCH 31, 2008, WITH SAID PURCHASES OF ANY SIZE BOTTLED WATER BEING PERMISSIBLE THEREAFTER, UNDER A BONA FIDE EMERGENCY, EXIGENT OR UNIQUE CIRCUMSTANCE SUCH AS, BUT NOT LIMITED TO, HURRICANES, BOILING WATER MANDATES, WATER QUALITY CONCERNS OR THE UNAVAILABILITY OF WATER SUPPLY. 07-01309A Legislation.pdf City ofMiami Page 43 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0652 Chairman Gonzalez: RE. 6. Commissioner Sarnoff RE.6, Mr. Chairman, is a resolution asking the City Manager to ban the City ofMiami from the purchase of plastic water bottles, essentially, at City buildings and facilities, and asking, in addition, that he purchase filter machines for us so that we don't have to do -- don't have to come up here with plastic bottles, and this is now my second Commission meeting where I'm copying Commissioner Gonzalez, who has never come up here with a plastic bottle. For those of you that don't remember, the last City Commission meeting, we had a PowerPoint presentation, which I will make available to anybody who wants, just to see what plastic bottles do to our city. Eighty-five percent nationally is -- 85 percent nationally of the plastic is not recycled. City ofMiami doesn't even hit the national average. Ninety percent of our plastic does not get recycled. If you have a flooding problem in your neighborhood, there's a very good chance that your sewer is clogged with plastic bottles and plastic bags, but today we address plastic bottles. It's good sound government that we at least set an example for the rest of the City ofMiami in demonstrating that we don't use plastic bottles up here on the dais or in other City facilities for two very good reasons. The plastic necessary to make that bottle - - if you were to take a container of a plastic bottle this size, the amount of oil it takes to make that plastic bottle is one -quarter of that plastic -- of that bottle's container. I just cite you that because it came out of the Miami Herald about two weeks or three weeks ago. It's a good saying, think globally, act locally. If all of you are concerned about why we're in wars and what we're doing over in the Middle East, every little bit we do to avoid our oil consumption takes one reason away why we don't need to be in places far from home, involved in places that are not good for us to be involved in. From a very local perspective, it just makes good sense for us to not pollute our own neighborhoods. It makes good sound judgment for us not to put the flooding problems that we have -- 'cause we don't have the discipline. This is our own fault. We don't have the discipline, either as parents or on our own, to teach our kids, or on our own, to not throw plastic away and to recycle it, so we should set the example for the rest of the citizens. We should not use plastic. Even if we do recycle that plastic, the carbon footprint that that recycling takes is unnecessary and creates further global warming, so I ask you, Mr. Manager, as we resolve as a City Commission that we do away with plastic bottles here in City facilities, and in three months, we revisit this with further legislation to see and demonstrate that we're committed to doing away with plastic containers of all kinds. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Andl happen to agree with Commissioner Sarnoff, and as the chairman of the Green Commission, I'm all for sustainability, andl think we should lead as an example, but when this item was discussed, I don't know about you, but I also got a lot of calls from people that lease properties from the City, the parks, so there was a lot of concerns as to the two -liter bottles, you know, restraining them to only purchasing two -liter plastic bottles in City -owned property, such as parks, Bayfront Park, the Orange Bowl, so I'm glad to see that Commissioner Sarnoff has amended this resolution, andl think it sets a perfect example, that we should lead as an example to show those that we, as legislators, we, as elected officials, care about our environment and should go a step further, and that step further focuses on educating people, educating people to, once again, not use plastic. I have been one that now, when I go shopping, I don't use plastic anymore; I use paper now, so those are the little things that if each City ofMiami Page 44 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 and every one of us took that action and took it upon ourselves to make that little different [sic], then we wouldn't have to see that video where all that plastic is swimming around the ocean somewhere polluting our planet, cleaning our -- killing our marine life, so I am -- I'm very glad to see that you have amended the resolution to focus on -- doing away with the Orange Bowl and major parks in our community, so I just wanted to state that for the record, and now I'm prepared to support the resolution. Chairman Gonzalez: All right. Commissioner Spence -Jones: Yeah. Mr. Chairman, I just want to add. I do, too, support Commissioner Sarnoffs resolution, and that was my concern in the very beginning, especially for a lot of the small bodegas and little marketplaces within my district, whether or not it be Little Haiti, Overtown, or Liberty City. I just thought that, in the beginning, it would create an issue of cost for a lot of the businesses in the area, but I see that he has made the adjustment so that really don't feel that we're going to be all that affected by it, but what would like to ask the City Manager to -- so I want to commend Commissioner Sarnofffor his leadership on doing that. I do want to ask the City Manager, in the interim, if there's any way that we can do some sort of cost analysis on what it would be versus bottle -- glass versus plastic from the standpoint of what the cost -- the change would be, from a cost perspective, if we did glass instead of we -- of doing plastic, just so that we have a sense of what that cost would be, and only reason I'm thinking -- I think about stuff like the NET (Neighborhood Enhancement Team) office, for all the event -- or the Parks Department, for all the events and stuff that they do in the community with the Homeless Assistance -- Commissioner Sarnoff I might be able to help you with this, Mr. Manager. The City of San Francisco passed an ordinance substantially similar to this, andl know it's a larger city than ours, and they saved $8 million in plastic bottles -- plastic water bottles, so if we just go to a system of just using filtered -- well, our water's great drinking water. There's no -- nobody's ever commented or said the City ofMiami drinking water is not a good source of water, but know everybody's conscious of health, and if you want to just put a filter system on it, you'll save all the money of us purchasing these water bottles, and we'll have a free supply of water, you know, here at the City, at the NET -- Commissioner Spence -Jones: So let me be clear, Commissioner Sarnoff. Are you saying so that -- we would buy the plastic bottles and just refill them each time? Is that what you're saying? Commissioner Sarnoff No, no, no -- Commissioner Spence -Jones: No -- Commissioner Sarnoff -- no, no, no, no, no, no, no. Commissioner Spence -Jones: -- so that's the reason why I'm asking, and I'm just speaking -from the perspective of like, for instance, the Homeless Assistance Program, when they go out -- and I know -- in the heart of Overtown and certain areas, and they're assisting homeless people, a lot of times they have bottle of waters [sic] and things that they give to people immediately, so I just want to make sure -- and I'm not saying that, you know, we want to just create it from that perspective, but there're also Parks programs where staffers that -- when we do clean-ups, you know, we give out water, we give out plastic water bottles. We do it, so I just want to make sure -- because I know we buy water, you know whatl mean? So I just want to make sure -- I support it 100 percent. I don't think -- I just want to know the difference in cost. I'm not saying that I'm not supporting it. I just want to know the difference between the cost of doing it because I know that those particular areas, Parks and NET, use water bottles all the time -- City ofMiami Page 45 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 plastic water bottles all the time. Pedro G. Hernandez (City Manager): Well, I think the suggestion that the Commissioner made -- andl think his revised resolution, in essence, addresses our needs within City offices, MRC (Miami Riverside Center), this building, let's say, Office of GSA (General Services Administration), Solid Waste, andl think that we have to bring our house under control before we take -- Commissioner Sarnoff Right. Mr. Hernandez: -- future steps, so there wouldn't be an impact on a park function in the field or activities by Fire, Police, even NET. We're talking about our consumption internally. The Commissioner also mentioned water dispensers, and our plan is to be able to switch that over from the jug to a direct water supply and then provide a filter and use that source, andl think that if we start at City Hall, at MRC, et cetera, we'll be able to report back in three months, and Ill also take a look at the concerns that you, you know, mentioned, reference cost benefit and so forth. Besides the environmental benefit, there is a significant savings, I think. Commissioner Sarnoff It's merely a baby step. It's -- before we start any further legislation, we need to walk the walk. You know, we talk the talk, but we need to walk the walk. It's merely us saying let's get our house in order. It is my intention, in three to four months, to come back with further legislation, but let's see how we do at it. Let's see how we resolve working without water bottles here in City Hall, here in the MRC building -- or there in the MRC building, and in the NET Administration, and nobody said -- if there's an emergency and we need to have bottled water, nothing -- it's not intended, should not even be considered to be a restriction for that, and just so everybody could take a quick, brief look. This is what's going on with plastic in the City ofMiami and worldwide. That's if you just recycle it and you're good stewards. The carbon footprint to recycle that plastic bottle is enormous. That's what our landfills look like filled with plastic. Eighty five percent nationally, it doesn't get recycled. This is interesting, for those of you that didn't know this. This is the Pacific Ocean. What you're seeing is the cycling -- the recircling [sic] of water -- of the water and the size of two Texases [sic], essentially, so the size of two sizes of Texas. It's just plastic going around and around and around in the Pacific Ocean. As a matter of fact, there was a freighter that dropped golf balls from Japan, and they're actually watching the -- Ping-Pong balls, excuse me -- Ping-Pong balls go around and around in the circle, and they're actual monitoring the cycles and where they're going. Now this is us. This is the City ofMiami sewer system, so this is Miamians doing to Miamians why we sometimes flood. Four point five million dollars we spend on storm water drain cleanup, that's us spending the money. This is what they go through to get the plastic bottles, the aluminum cans, and the plastic bags out. These are all taken by Public Works. This is why, oftentimes, we flood as a city. Again, no matter where you go in Miami -- I know Allapattah and Coconut Grove are two of the worst places, and this is what you open up and you wonder why we flood right there. This is all taken by Department of Public Works. Just so you know, we're not on the cutting edge. There are certain countries, which I think they're categorized as Third -World countries, that have already done this. They've banned plastic; they've banned plastic bags because their own sewer systems could not be maintained 'cause they could not clean their own sewer systems. Again, City ofMiami; downtown, Overtown, Allapattah, Latin Quarters. This is where we're getting -- choking ourselves with plastic, and then there is the mayor who banned -- very similar ordinance to what we're seeing here -- and I'm sorry, I said 8 million; it was $6 million a year, andl think you can show the recycling. Unidentified Speaker: I don't have that. Commissioner Sarnoff Don't have that? Okay, and again, I just want you all to be aware of what we're doing with plastic; plastic bags, plastic bottles. It's a start. I'm going to continue to City ofMiami Page 46 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 bring up legislation throughout this year and next year that's going to continue to restrict plastic use in the City ofMiami. Thank you all. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Spence -Jones: I think you had a motion and a second already. Chairman Gonzalez: All right. Priscilla A. Thompson (City Clerk): No. No, no. Chairman Gonzalez: No? Ms. Thompson: No, no, no. Commissioner Sarnoff So move. Ms. Thompson: Thank you. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Thompson: Chair, we just need -- Jorge L. Fernandez (City Attorney): But we need to make -- Ms. Thompson: -- we just -- Mr. Fernandez: I'm sorry. Ms. Thompson: -- need to make sure that you all understand that you're voting on a modified resolution here. Chairman Gonzalez: Right. Mr. Fernandez: Well, it's -- let me read for the record the resolution because it was a different resolution than the one that you had in your packet. Ms. Thompson: Right. Mr. Fernandez: The resolution that actually was presented by Commissioner Sarnoff -- Vice Chairman Sanchez: Yes -- Mr. Fernandez: -- and you have just -- Vice Chairman Sanchez: -- on the resolution. Mr. Fernandez: -- voted on reads. City ofMiami Page 47 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 RE.7 07-01311A District 2- Commissioner Marc David Sarnoff The Resolution was read by title into the public record by the City Attorney. Mr. Fernandez: That's the resolution that passed. Vice Chairman Sanchez: And for the record, I voted in favor of that -- Ms. Thompson: Yes. Vice Chairman Sanchez: -- amended resolution. Chairman Gonzalez: All right, so we already voted on the item, right? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INVESTIGATE THE FEASIBILITY OF ASKING MIAMI-DADE COUNTY TO USE HYBRID VEHICLES AS PART OF ITS TAXI FLEET, WITHIN THE NEXT THREE YEARS, WITH INCENTIVES AS STATED HEREIN. 07-01311A Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0653 Chairman Gonzalez: RE.7. Commissioner Sarnoff RE.7 -- andl won't take long -- is merely a request of this Commission to resolve -- directing the City Manager to ask the feasibility of asking Miami -Dade County to use hybrid vehicles as part of its taxi fleet. Now they are actually considering this. Anybody that thinks I'm a whiz up here, I'm not. I'm merely doing what Mayor Blumberg did about three months ago in New York City, and that is, essentially, to create alternate vehicle -- alternate fueled vehicles, but especially hybrids. If you all know -- and I'd like to broaden this someday to the City Police Department. Sitting idly, a hybrid doesn't do anything other than run on battery. I've seen countless taxi cabs, I have seen countless police vehicles -- it's not about police vehicles yet -- sitting there with their engines running because they want the air-conditioning in Miami. Just think if we had the latest generation hybrids and the cars were sitting there merely using battery and not operating and putting carbon out there, so for the purposes right now, it's merely a request that we ask the City -- the -- Miami -Dade County to ask that, in the next three years, their taxi cab fleet be replaced with -- Crown Victorias, these large, 10-, 15-mile per -gallon cars, and have them replaced with hybrids that are upwards of 30 and 45 miles to the gallon and do not emit a carbon footprint of one -tenth the amount of a Crown Victoria, and it's time for us to clean up our city and clean up our county and make this a more habitable and livable circumstance not only for us today, but for the children tomorrow, so I ask the City Commission to resolve and ask that the Miami -Dade County Commission require that their fleet be hybrid vehicles within the next three years. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: All right. Yes. City ofMiami Page 48 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: You know, the only way, realistically, that we could get this done is through providing incentives to those cab drivers. Let me tell you. Those cab drivers work 18-hour days out there 'cause I usually -- now I'm taking -- I take the cab now. Every chance I get, I try to take the cab. They work 18-hour days. Usually, it's not their car. They're lucky if they get a medallion to own their own cabs, andl think there has to be incentives for them to be able to have that transition, which we all support for them to go to hybrid cars. Maybe you could toss in there, just the top of my head, maybe a year free of not paying tolls, maybe a year free of using the HOV (High Occupancy Vehicle) lane to be able to attract -- Commissioner Sarnoff They actually get it. Vice Chairman Sanchez: -- those types of things -- Commissioner Sarnoff HOV -- that -- Vice Chairman Sanchez: -- but when you pass this -- Commissioner Sarnoff -- that's a good point. Vice Chairman Sanchez: -- so when you pass this on to the County and the burden falls on these poor, innocent souls that are working 18-hour days fighting to make a living, and you're going to tell them that they're going to have to go out there within three years and buy a hybrid, if government doesn't help with subsidies, I don't think it's going to be able to happen. I just wanted to put that on the record 'cause it sounds great. I want to do it; you want to do it because we care about the environment, but the burden falls on the hardworking people out there driving cabs that may not even have enough money to buy a new cab, and you seen some of the cabs driving in our streets; very poor condition. First of all, they shouldn't be out on the streets in those conditions, but they're out there, so if we could somehow add incentives to make it more rewarding for them, that would help. Commissioner Spence -Jones: Mr. Chairman, I just want to also add -- andl want to agree with both of them, Commissioner Sarnoff and Commissioner Sanchez. By all means, I definitely don't want it to ever appear that I'm not being green, but do want to say how important it is -- I mean, Commissioner Sanchez has mentioned a lot of these independent cab drivers that do own they [sic] own cars and how expensive it is for them to even -- you know, just to even own and operate their own cars. Now we're adding that additional issue on top of it, but I think that his recommendations of possible things that can be added as incentives are great, and the reason why I really wanted to make sure that I also -- if we can amend it somehow -- because in my particular community, especially in the Little Haiti area, we're talking about -- we have jitneys there, and a lot of people get back and forth on jitneys. I can only imagine if now I'm going to start -- turn around and say to them, okay, you need to upgrade your vehicles to include hybrid vans to transport people back and forth, most of them will go out of business, and many of those same cab drivers that Commissioner Sanchez just talked about, outside of the jitneys, are Haitian Americans, so I just want to make sure that whatever decision we make -- 'cause, unfortunately, while we want to look at it from the perspective of you know, "going green, "I don't want people to go broke either, so I just want to make sure that that is somehow amended in here that there's some sort of special program or project or initiative or something that will at least protect the small cab driver or the jitneys that operate within the heart of Little Haiti and certain parts of Liberty City. I just think that it's important for me to at least put that on the record, and as we choose to -- or get ready to send it over to the County, we need to make sure that, as Commissioner Sanchez mentioned, the little people are not forgotten in the process of it. Commissioner Sarnoff You know -- City ofMiami Page 49 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Spence -Jones: That's my only comment. Commissioner Sarnoff -- anticipating the comments about how hard it would be on a taxi cab driver, I looked into New York, andl looked at what incentives were created in New York City, figuring that their cab drivers are probably not too affluent either. I would think they're the -- this circumstance of people. Commissioner Spence -Jones: Yeah, but in New York Ci -- I'm sorry, Mr. -- but in New York City, we -- the comparison between a cab drive -- in New York City a cab driver can pick up a hundred people in one day. In Miami it's very different because people just don't stand on the side of the street and pick up a cab, so the comparison between the both -- the reason why you see the cars sitting most of the time is because people are not being picked up, but if this was a hustling, bustling city where that was the case, then you would have that as an issue, but it's -- clearly, we -- the comparison between Miami cab drivers and New York City cab drivers is very different Commissioner Sarnoff Well, let me -- Commissioner Spence -Jones: You can't even get a cab in New York City. Let's try that. Commissioner Sarnoff -- just say that, in New York City the average cab fleet is about 14 miles to the gallon. By going hybrid they went to 30 miles per gallon, and they estimate that will save each operator of the cab $10, 000 per year in gas, so the savings are very apparent and very there. Maybe some of the incentives that the County can provide is helping them with the upfront purchase of the vehicle and then allowing them to pay it back with the money they're saving from the gas that they're not using, so I think before anybody suggests that it can't happen, we should look at how we can make it happen, andl agree with everything you're saying in terms of the incentives, but let's be aware of the fact that at -- gas at $3.25 a gallon -- and they expect it to be $4 a gallon before February of next year. Vice Chairman Sanchez: Marc, may I add something? Just thinking through the discussion, the only way this will work is if each cab driver who buys a hybrid automatically gets a medallion. Commissioner Sarnoff Yeah, good point. Vice Chairman Sanchez: Because I would say 80 percent of the cab drivers are working for a company. Commissioner Spence -Jones: Yes. Commissioner Sarnoff Right. Vice Chairman Sanchez: Okay, and that company isn't going to give up independent licensing a lot of these cab drivers to work on their own, but if you're able to get that medallion that, at times, goes for -- Commissioner Sarnoff Hundred thousand dollars. Vice Chairman Sanchez: -- a hundred thousand dollars to be able to have the right, the right to buy your own cab, so even a small business -- comparing that to a small business, you would have to have a hundred thousand dollars in your hand to be able to purchase the car to turn it into a cab, so it's not feasible. Now if they don't have to pay that hundred thousand dollars and City ofMiami Page 50 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 they automatically get the medallion for buying a hybrid, then not only is it feasible, it's also reasonable. Commissioner Sarnoff I agree. I agree. Commissioner Spence -Jones: And I just want to add again. We talk about cabs in downtown Miami. We talk about jitneys in the heart of Little Haiti, so I just want to make sure that, in the midst of it, you know, we don't do this widespread thing that affects, again, the little, small people that don't -- won't have that option at all, so again, I think if we just put it on the record for the County to consider that, I mean, I think that's addressing it. I mean, I don't think we have to beat it to death. I just want to make sure that we consider it in whatever we send over there. Chairman Gonzalez: All right. Do we have a motion on the --? Commissioner Regalado: No. Chairman Gonzalez: Yes, Mr. Manager. Commissioner Regalado: Mr. Chairman -- Vice Chairman Sanchez: Regalado. Commissioner Regalado: -- just a comment. Chairman Gonzalez: Go ahead. Commissioner Regalado: Thank you. Yeah. The issue of the taxi drivers is one that is very important. There are 5, 000 families living off the taxi driver industry, and as a matter of fact, they are under attack. Last Tuesday there was a proposal at the County Commission that would have waive the one hour that limos have to charge in order to pick up passengers. Had that hour of surcharge would have been waived, it would have destroyed the taxi cab industry because then it would mean that limos would be able to sit at the curb at the airport, at the port, at hotels, and just pick up good rides and leave just the small rides to taxis. That proposal was defeated by the County Commission, but I think that the idea is not bad. The problem is that many of the companies cannot afford to do the changes if they do not have a -- sort of a incentive, not from the County, but from the state or federal government. I think this is bigger than even the County because I'm not sure if the County is going to try to force this, but I think it's worth a try, butt really believe that the industry is hurting because of the high gas prices and something needs to be done, so I really commend you for just trying to bring this up, and now that we are at it, they [sic] are several companies, licensed companies that are complaining about the port. Unlicensed companies are doing port work, andl think that we should also request to the County to look into that; trucks are going into the port with companies that are not registered, and this is a big issue, including for companies that are based in the City ofMiami. Thank you. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff So moved, as amended. Chairman Gonzalez: There is a motion. Is there a second? Pedro G. Hernandez (City Manager): Just a brief comment. We did make a call to the Consumer Services Department at Miami -Dade County, and the County is apparently City ofMiami Page 51 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 considering this -- the same concern, so I think that our action will be very timely, andl understand that there may be a workshop in the works that the County's planning to have within the near future, and we'll find out when, and we'll make sure that we attend and be able to report back as to what's going on at the County level. Chairman Gonzalez: Thank you, Mr. Manager. Is there a second to this motion? Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Priscilla A. Thompson (City Clerk): May -- Chairman Gonzalez: All right. Let's -- Ms. Thompson: -- Chair, may I ask -- Chairman Gonzalez: Yes, ma'am. Ms. Thompson: -- a question of the maker of the motion? He did say "as amended." I just wanted to be clear on the amendment because Commissioner Regalado did make a statement, as well, so ifI could get a clarification, please. Chairman Gonzalez: As amended. Commissioner Sarnoff Yeah. I said "as amended, " but I'm not sure that he amended with -- Commissioner Regalado: No, I didn't amend it. I think it was Vice Chairman who -- Vice Chairman Sanchez: Well, it's -- Commissioner Regalado: -- asked -- Vice Chairman Sanchez: -- got to -- Commissioner Regalado: -- for incentive. Vice Chairman Sanchez: -- include incentives. Ms. Thompson: Right. Vice Chairman Sanchez: I mean -- Ms. Thompson: Okay, so -- Vice Chairman Sanchez: -- if you don't have incentives -- Commissioner Sarnoff I thought -- City ofMiami Page 52 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: -- I mean, I don't -- Commissioner Sarnoff -- your incentive was a great idea, which is if -- you automatically get a medallion if you have a hybrid. Vice Chairman Sanchez: Exactly, because it just -- it isn't going to happen, folks. It's just -- it's a pie in the sky. Now, if they're able to get a medallion, you know, maybe they'll get on the list to be able to drive a hybrid -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- or own a hybrid. Ms. Thompson: Thank you. City ofMiami Page 53 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 BC.1 07-01217 RESOLUTION Office of the City Clerk BOARDS AND COMMITTEES A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-01217 memo.pdf 07-01217 members.pdf CONTINUED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Vice Chairman Sanchez: Okay. Board appointments, gentlemen? Should we go to board appointments? Commissioner Regalado: Yes, sir. Vice Chairman Sanchez: All right. Let's go to board appointments. Let's go ahead and start with BC.1. BC.1 is members of the Arts and Entertainment Council. Commissioner -- Chairman Gonzalez has two appointment [sic]. He is not here. The Mayor has four appointments. Madam Clerk, have any of the appointments' names been proffered? Priscilla A. Thompson (City Clerk): No, they have not. Vice Chairman Sanchez: No, they have not, so therefore, no action will be taken on this item. BC.2 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: NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Commissioner Marc David Sarnoff City ofMiami Page 54 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Michelle Spence -Jones 07-01218 memo.pdf 07-01218 members.pdf CONTINUED Vice Chairman Sanchez: And we move to BC.2. BC.2 is appointing individuals to the Equal Opportunity Advisory Board, and the Chair has an appointment. He is not present. I have an appointment, andl would defer my appointment to that board. Therefore, moving to BC.3. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Sarnoff. Commissioner Sarnoff No. I'll defer, as well. Vice Chairman Sanchez: Oh, I'm sorry. Ms. Thompson: Thank you. Commissioner Sarnoff That's okay. I would have (UNINTET,T IGIBLE). Vice Chairman Sanchez: Oh, yes. I apologize. I didn't see -- All right, so he defers? Commissioner Sarnoff Yes. BC.3 07-01318 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Antonio (Tony) Alonso DDA Board of Directors (term expiring 11/8/11) Jerome Hollo DDA Board of Directors (term expiring 11/8/11) Nitin Motwani DDA Board of Directors (term expiring 11/8/11) Jay Solowsky DDA Board of Directors (term expiring 11/8/11) 07-01318 memo.pdf 07-01318 members.pdf 07-01318 DDA Reso. No. 25-2007.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 55 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 BC.4 07-01330 Office of the City Clerk Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0666 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to confirm the appointments of Antonio (Tony) Alonso, Jerome Hollo, Nitin Motwani, and Jay Solowsky as members of the Downtown Development Authority. Vice Chairman Sanchez: Okay, and then we move to BC.3. That is a resolution of the City of Miami Commission confirming the appointments of certain individuals as members of the Downtown Development Authority, also known as the DDA, for the terms designated herein. Need a motion to appoint those four names that have been accepted by -- Commissioner Sarnoff So moved. Vice Chairman Sanchez: -- the DDA and approved by the DDA Board. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion and a second. Read the names into the record. Antonio Alonso, Jerome Hollo, Nitin Motwani, and Jay Solowsky. Those are the names. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 07-01330 memo.pdf 07-01330 members.pdf CONTINUED Vice Chairman Sanchez: And we move to BC.4. BC.4 is a resolution appointing individuals to the Coconut Grove Business Improvement Committee -- Commissioner Sarnoff Defer. Vice Chairman Sanchez: -- also known as the BIC. Commissioner Sarnoff Defer. City ofMiami Page 56 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 BC.5 07-01329 Office of the City Clerk Vice Chairman Sanchez: The item has been deferred by Commissioner Sarnoff. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mike Butler Commission -at -Large (Alternate -at -Large Member) 07-01329 memo.pdf 07-01329 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0667 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Mike Butler as a member of the Code Enforcement Board. Vice Chairman Sanchez: We move to BC.5. BC.5 is a resolution of the City ofMiami Commission appointing certain individuals as members of Code Enforcement Board. Commissioner Sarnoff I'd like to tender Mike Butler. Vice Chairman Sanchez: But hold on. Who are the members now? Priscilla A. Thompson (City Clerk): The person who you are looking to -- I'm sorry. The seat that is vacant is for alternate member, Oscar Rodriguez -Fonts. His term expired March 7 -- it will expire March 7, 2010, but he has excess absences. Vice Chairman Sanchez: Okay, so it is a vacant seat for the -- Ms. Thompson: Yes. Vice Chairman Sanchez: -- record. All right. Commissioner Sarnoff, would you like to proffer a name? Commissioner Sarnoff I'd like to proffer Mike Butler. Vice Chairman Sanchez: Okay. The name ofMike Butler? Commissioner Sarnoff Butler, B-U-T-L-E-R. Vice Chairman Sanchez: Butler has been proffered. Is there a second? City ofMiami Page 57 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Regalado: Second. Vice Chairman Sanchez: Second -- motion has been second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right. Motion carries. BC.6 07-01328 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-01328 memo.pdf 07-01328 members.pdf CONTINUED NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz Vice Chairman Sanchez: We move to BC.6. BC. 6 is appointing individuals to the Community Technology Advisory Board. The Chair is not here. I would defer my appointment. Commissioner Spence -Jones? Commissioner Spence -Jones: I'm deferring mine also. Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: Deferring. Ms. Thompson: I can't hear you. Commissioner Spence -Jones: Deferring mine also. Vice Chairman Sanchez: She is deferring, Madam Clerk, and also, the Mayor has some appointments. Has he proffered any names? Ms. Thompson: No, he has not. Vice Chairman Sanchez: All right, so BC. 6, no action taken. City ofMiami Page 58 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 BC.7 07-01327 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Anna Zambrana Vice Chairman Joe Sanchez Thema Campbell Commissioner Michelle Spence -Jones 07-01327 memo.pdf 07-01327 members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0668 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Sarnoff absent, to appoint Thema Campbell and Anna Zambrana as members of the Commission on the Status of Women. Vice Chairman Sanchez: We move to BC.7. BC.7, appointing certain individuals to the Status of Women. Status of Women, Commissioner Regalado, you have two appointments. Commissioner Regalado: Thank you, Mr. Chairman. Allyson Warren and Josefina Sanchez-Pando; they both need waiver because of time. Vice Chairman Sanchez: Okay. Madam Clerk. Priscilla A. Thompson (City Clerk): They have to have five five -- Vice Chairman Sanchez: Right. Ms. Thompson: -- with a waiver of the time. Commissioner Regalado: Okay. Vice Chairman Sanchez: Okay, so we don't have that right now. We don't have a full quorum. Commissioner Spence -Jones, you're recognized for the record. Any appointments to the Status of Women? Commissioner Spence -Jones: Yeah. I'm just going to reappoint Thema Campbell. Vice Chairman Sanchez: All right. Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. Is your mike on? Thank you. Commissioner Spence -Jones: Sorry, Madam Clerk. I'm going to reappoint Thema Campbell, City ofMiami Page 59 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 and the other one, I'm going to defer. Vice Chairman Sanchez: All right, so there's one reappointment. Let me see ifI can make my reappointment also, which is Anna Zambrana. She is an incumbent. Commissioner Regalado: Second. Vice Chairman Sanchez: All right. For the record, there's been a motion made by Commissioner Spence -Jones, second by Commissioner Regalado. There is no waivers required on this one. Ms. Thompson: No, there are not. Vice Chairman Sanchez: Okay. All in favor, say "aye.' The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 07-01325 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlos Lacassa Vice Chairman Joe Sanchez Frank Martinez Vice Chairman Joe Sanchez Ariadne Marko Vice Chairman Joe Sanchez Carmen Fanego Vice Chairman Joe Sanchez Cecilia la Villa Travieso Vice Chairman Joe Sanchez 07-01325 memo.pdf 07-01325 members.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 Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0669 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez and Commissioner Sarnoff absent, to appoint Carlos Lacassa, Frank Martinez, Ariadne Marko, Carmen Fanego and Cecilia la Villa Travieso as members of the Little Havana Homeownership Advisory Board. City ofMiami Page 60 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: We move to BC.8. It's also a resolution, and that is the Little Havana Homeownership Advisory Board. IfI could just reappoint -- let me pass the gavel. Commissioner Regalado, you're chairing the meeting. Commissioner Regalado: Yes, Mr. Chairman. Vice Chairman Sanchez: I would like to re -- Commissioner Regalado: You can just go ahead and nominate the members. Vice Chairman Sanchez: All right. For the record, I would like to reappoint the following individuals to the Little Havana Homeownership Advisory Board. There are seven appointments; I would defer two. The names that would proffer for reappoint is Carlos Lacassa, Frank Martinez, Ariadne Marko, Carmen Fanego, Cecilia la Villa Travieso, and the other two, I would defer. So move. I don't think they need any waivers. Priscilla A. Thompson (City Clerk): No, they do not. Vice Chairman Sanchez: All right. Commissioner Regalado: Okay. We have a motion, second by Commissioner Spence -Jones. All in favor, say "aye." The Commission (Collectively): Aye. BC.9 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 CONTINUED Vice Chairman Sanchez: We go to BC (Boards & Committees) -- Commissioner Spence -Jones: 9. Vice Chairman Sanchez: -- 9. BC. 9 is the Miami Sports & Exhibition Authority. Commissioner Spence -Jones, you're recognized for an appointment. Commissioner Spence -Jones: I'm deferring my appointment. Vice Chairman Sanchez: All right. She defers her [sic] for the record. BC.10 07-01331 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE RESIDENCY REQUIREMENT OF A CERTAIN INDIVIDUAL APPOINTED City ofMiami Page 61 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 TO THE FINANCE COMMITTEE. 07-01331 memo.pdf 07-01331 members.pdf 07-01331 Pablo Acosta Employment Restriction Form.pdf 07-01331-Pablo Acosta Residency Compliance Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0670 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to waive the residency requirements in Section 2-884(a) by a four fifths (4/5ths) vote of the members of the full City Commission, as it relates to Pablo Acosta as a member of the Finance Committee. Vice Chairman Sanchez: Therefore, we move on to BC.10. BC.10 is appointing certain individuals to the Finance Committee. Priscilla A. Thompson (City Clerk): And what that is, sir -- Chair, Pablo Acosta was appointed on September 2007, but he needs a resident -- Vice Chairman Sanchez: He requires a four fifth -- Ms. Thompson: Yes. Vice Chairman Sanchez: -- which we don't have, so therefore, we'll go ahead and continue the item. All right. We're making progress here. All right. [Later...] Chairman Gonzalez: Let's go back to the boards appointment for a minute. Pablo Acosta, I needed a four fifth waiver, right? Ms. Thompson: That's correct. That's BC.10. Vice Chairman Sanchez: So move -- Chairman Gonzalez: BC.10. Commissioner Sarnoff Second. Vice Chairman Sanchez: -- with the four fifth vote. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say aye. The Commission (Collectively): Aye. City ofMiami Page 62 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Regalado: Can we do the -- you need a five --? Vice Chairman Sanchez: Yeah. Ms. Thompson: We needed five. Vice Chairman Sanchez: Yeah. Commissioner Regalado: Oh, she's not there. Okay. Chairman Gonzalez: All right. I'm going to defer all of the -- my appointments. The other appointments thatl have, I'm deferring, so let's move into Planning & Zoning. Ms. Thompson: Chair -- andl would like to ask -- to direct this question to the City Attorney. Because we have two separate agendas, one for our regular meeting, one for P&Z (Planning & Zoning), are we going to recess the regular meeting at this point in time, move into the PZ agenda, and then come back to our regular meeting? Is that what we'll -- Chairman Gonzalez: Yes. Ms. Thompson: -- be doing? Jorge L. Fernandez (City Attorney): Exactly. Chairman Gonzalez: Right. Mr. Fernandez: That makes sense, Mr. Chairman -- Ms. Thompson: Thank you. Mr. Fernandez: -- so you're appropriately now recessing your regular Commission meeting and going into your P&Z. Chairman Gonzalez: Very well. City ofMiami Page 63 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 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 DISCUSSED Vice Chairman Sanchez: DI.1. Diana Gomez: DI.1. Diana Gomez, Finance director. Vice Chairman Sanchez: All right. Ms. Gomez: DI (Discussion) -- Vice Chairman Sanchez: We lose the quorum. Ms. Gomez: There's no vote. It's just a discussion item. Vice Chairman Sanchez: It is a discussion item, but -- Ms. Gomez: Okay. Vice Chairman Sanchez: -- listen, when we deal with the finances of our city -- Unidentified Speaker: Yes. Vice Chairman Sanchez: -- we should have a full quorum -- Ms. Gomez: I agree. Vice Chairman Sanchez: -- so therefore, why don't we take a five-minute break? Well, Commissioner Sarnoff is back, so we do have a quorum. We're back on the record. Ms. Gomez: Okay. Vice Chairman Sanchez: All right. This is a discussion item concerning the financial update and budget outlook for the City. The Department of Finance is recognized. Madam Director. Ms. Gomez: Diana Gomez, Finance director. This is a discussion item, as required by the financial integrity principles, which requires that we discuss the finances of the City in a monthly basis. We have issued the monthly report cumulative through August 2007; that was issued earlier this week and distributed to each of you. We are in the process of preparing the financials for the year-end audit, which we should be on track for issuing the financial statements in a timely basis. As part of the financials, it does require -- or the financial integrity principles -- that we discuss any non -reimbursable expenditures as reported by the grantors -- or by the granting agencies. For the period that we're reporting here, departments have responded that -- Parks & Recreation had reported $25, 710.15 -- and 75 cents, excuse me, and Fire & Rescue had reported $681, 027.78 as considered non -reimbursable costs for the grants. However, in discussing with the departments after this had been published, it was identified that these costs were not necessarily considered non -reimbursable. They are just costs that would never -- for the Fire, for instance, some of the items are FEMA (Federal City ofMiami Page 64 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Emergency Management Agency) costs that would never materialize into an actual emergency. They were prep -type costs, so it's not really a non -reimbursable cost. If you have any other further questions, I'd be happy to answer them. Chairman Gonzalez: Any questions? All right. Thank you very much. Ms. Gomez: Thank you. City ofMiami Page 65 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-01316 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF THE POLICE SURCHARGE, FIRE ASSEMBLY PERMIT FEE, AND THE RENTAL COST FOR THE PODIUM/PUBLIC ANNOUNCEMENT SYSTEM, TO BE USED IN CONJUNCTION WITH THE CAMILLUS HOUSE THANKSGIVING DINNER, TO BE HELD ON THURSDAY, NOVEMBER 22, 2007, FROM 7:00 A.M. TO 3:00 P.M., AT NORTHEAST 8TH STREET, BETWEEN NORTHEAST 1ST AVENUE AND NORTH MIAMI AVENUE, MIAMI, FLORIDA. 07-01316 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0657 Chairman Gonzalez: All right. We have one item pending on the agenda on Planning and Zoning. Commissioner Michelle Spence -Jones had to go to the hospital, and she's going to go under certain procedures at the hospital. We don't know if she'll be back on time. If she's not able to make it, let's take the blue pages. If she's not here by the time that we have the blue pages done, then we will defer the last item on the agenda; it's her district, and she needs to be here to hear the testimony of all the people that are going to testify -- Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: -- so let's go with the -- Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Burns: Are you going to adjourn the P&Z (Planning & Zoning)? Chairman Gonzalez: I'm going to adjourn the Planning and Zoning -- or I'm going to -- City ofMiami Page 66 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Maria J. Chiaro (Assistant City Attorney): You're going to recess. Chairman Gonzalez: -- recess the Planning and Zoning because I might need to come back to it. Recess the Planning and Zoning, and let's come back to the regular meeting, and we're going to go with the blue pages. D2, Commissioner David Marc Sarnoff [sic]. You have two items. The first one is a easy one; it's a waiver. Commissioner Sarnoff Yes. It's a waiver authorizing police surcharge for the fire assembly permit fee and the rental cost of the podium/public announcement system, to be used in conjunction with Camillus House for Thanksgiving Dinner, to be held on Thursday, November 22. I believe this included a street closure for a period of time as well, and this is for the Thanksgiving holiday, so I so move this. 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. D2.2 07-01354 DISCUSSION ITEM DISCUSSION ABOUT AFFORDABLE HOUSING AND THE FEASIBILITY OF USING COMMUNITY DEVELOPMENT FUNDS, TO BUY UP CONDOS AND HOUSES, IF AND WHEN, THEY HIT A PRICE POINT OF $225 PER SQ. FT OR LESS; (OR $200 SQ FT OR LESS) MAKING THESE UNITS AVAILABLE TO QUALIFIED APPLICANTS MAKING 80% TO 200% OF MIAMI-DADE COUNTY MEDIAN INCOME. THE GOAL IS TO OFFER UNITS IMMEDIATELY TO QUALIFIED APPLICANTS INSTEAD OF MAKING THEM WAIT 2 TO 4 YEARS FOR UNITS CURRENTLY UNDER DEVELOPMENT THAT COST THE BUYERS, AND TAXPAYERS, FAR MORE THAN CURRENTLY AVAILABLE UNITS. ANOTHER BENEFIT TO THE CITY IS THIS POLICY, IF ENACTED, WOULD CREATE A PRICE FLOOR. THIS POLICY SIGNALS CONFIDENCE TO THE MARKET. AND THIS POLICY MIGHT CREATE IMMEDIATELY AVAILABLE HOUSING TO QUALIFIED APPLICANTS. THE CITY COULD ALSO MAKE AVAILABLE A LIST OF REASONABLY PRICED UNITS TO ANY POTENTIAL BUYERS. 07-01354 Cover E-Mail.pdf 07-01354-Submittal-Department of Community Development Presentation.pdf 07-01354-Submittal-Element I and II Massing Analysis.pdf 07-01354-Submittal-Florida Sales Report -Existing Condominiums. pdf 07-01354-Submittal-Home Price Index.pdf 07-01354-Submittal-Property Sales Prices Comparison by Zip Code.pdf 07-01354-Submiital- Article.pdf 07-01354-Submittal-Flyers. pdf 07-01354-Submittal- Expenditures (Outflows) by Function- All Funds Pie Chart.pdf 07-01354-Submittal-2007 Income Limits Chart. pdf 07-01354-Submittal-Development Article. pdf DISCUSSED City ofMiami Page 67 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Direction by Commissioner Sarnoff to the City Manager and the Administration to investigate methods the City can use to purchase existing housing to be utilized as affordable housing. Commissioner Sarnoff The next one, Mr. Chair, that have is merely a discussion item; merely to bring a conversation that I think is worth having about where we might stand right now in the housing market. It is now 2007; we're in a situation in Miami where there's an oversupply of condominiums. There are a few buyers and many sellers, and we're told another 19,000 condos will be finished probably within the next 18 to 24 months. Many of the units, although originally reserved at up to $400 to $700 per square foot, that buyer, of course, would have to earn more than $100, 000 to qualifi, for mortgages, but now we're told that the -- no buyers exist, and we're told that many of the buyers are refusing to close. Existing -- established condos exist presently for $125 to $200 per square foot. The -- I've given you a chart from Community Development, which demonstrates condominiums in all of our respective neighborhoods by zip code; that demonstrate condos between 100 and $150, 000, and you'll see that there are between 80 -- 80 of them, and even between 100 and $225, 000; there are more than 752 of them, and as you could see on the backup paperwork, they exist in all of our neighborhoods. What I'm suggesting is that many of the affordable housing projects that we're seeing proposed are often not in the most desirable locations, often on busy railroad tracks, alongl-95, and very often not very close to shopping. It is currently now cheaper to buy existing product than to build new construction. We have an opportunity to buy existing well -established condos in well -established neighborhoods for less than the cost of new construction being built alongl-95, and of course, these busy railroad corridors. This type of opportunity, I suggest, comes along once every 20 years, and we can remember, of course, the (UNINTELLIGIBLE) of condos in the Brickell area in the early 1980s. The City has the opportunity to apply the principles of supply and demand. We all know this as Economics 101. Condos are now available at a discount to replacement costs. As stewards of the taxpayers' money, we should take note of what we have now; buy existing product at substantially less than the cost of proposed housing projects. We have the opportunity to create -- and let me stress this -- mixed -income neighborhoods. Planners recommend mixed -income neighborhoods for a healthy, diverse, and electric community. Mixed -income neighborhoods are being touted nationwide. We don't seem to hear that call in Miami well. Workers should be given the opportunity to walk to work. Mixed -income neighborhoods will alleviate congestion, save gas, less commuting. Imagine the service workers, the clerical workers, the mailroom workers who currently work on Brickell Avenue that have to commute to Brickell Avenue. They could very possibly walk to work. Imagine providing housing for workers within blocks where they work. Buyers will be appreciative, well rested. Consider this: a 55-year-old woman does not have to take two buses, one train, spending 90 minutes commuting from Homestead or Hialeah to a job downtown. We propose the Government paying a market price in an open market, or at least the city government helping people into these existing units. The Government can help with down payment assistance, first-time ho-buyer [sic] programs; looking into the use of the Sadowski trust fund up in Tallahassee; subsidies for maintenance and expenses that do accompany condominiums; a voucher program. Why not every attractive code -compliant unit at $200 a square foot? Why not purchase them? Why not consider them? If not 200, then $175 a square foot, $150 a square foot. The point is we have passed the point now where we can buy condominiums than what we can build. It is well-known that affordable housing developers are developing 500 units for approximately $129 million, using all our tax dollars, not necessarily just City tax dollars, but by tax dollars from everything from the County to the State to even the Federal dollars. We know that we have units located all over the place, and we're paying approximately $350 a square foot. We know they exist. We know that's what we, as stewards of the taxpayer money -- of the taxpayers, are voting to approve these kinds of projects. Two hundred and fifty thousand dollars per unit for a low ceiling or small unit warehouses, which tend to just house the poor; far from convenient shopping. In a recent Forbes article, Miami is ranked as one of the top ten most sedentary cities in America with us watching approximately 35 hours a week of TV (television). That means that we don't move City ofMiami Page 68 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 around a lot in Miami. If we could find a live/work scenario where workers can live very close to where they work and walk, that would be an added benefit obviously and a very green benefit for people who leave their cars at home. What I'm suggesting is that we start a conversation; that the conversation begin with looking at what we have. A woman came up to me this morning and she handed me -- I don't know where my package is, but it was the historics pamphlet, and she told me that 25 percent of all the landfill comes from our tearing down existing units so that 25 percent of what we put into our landfill comes from old housing, and she said a benefit from that -- from not --from doing historic renovation is that you don't create more garbage, trash, and landfill. I don't suggest to any of you here I have the answer, but I would like to start the conversation. The conversation is you've hit the threshold. The threshold of that door right now is $200 or $225 a square foot. That's where we stand. We're beginning to hit a threshold where we can no longer build close to what exists, and at a certain point in time, I ask all of my colleagues up here, what if it goes to 195 a square foot, 185 a square foot, 175 a square foot? At what point that critical mass do we not try to cull together our funds along with the County funds, along with the Sadowski funds, and start realizing that affordable housing is here, and putting people in houses or housings that are not solely dedicated to one type of income, spreading it around, spreading around workers who make 25, 30, $35, 000, who -- people that make 60, 65, and $70, 000? There's a cross -benefit to that. There's a benefit to -- for a man watching or a woman watching another making substantially more money, working very hard, and seeing what it takes. It's sort of like a fostering program. I don't pretend to come to you with the answer, but I do come to you with a question, and the question is when have we ever sat, as stewards of the taxpayers' money before, and approved projects that we now know are 100 to $150 a square foot more than what exist in the City of Miami now? This conversation could be had today; it can be had in six months, andl suspect it will be even lower then, so I suggest that we're at the threshold, and I'm going to ask the City Manager, along with Community Development, to start investigating ways that we can start looking at purchasing existing housing now. That's my blue page. Vice Chairman Sanchez: Well. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Thank you, Mr. Chairman, and I salute that idea. It's very new and interesting, but I think that we should also ask that a study will be made if we were to invest, and here's the problem. What I think affordable housing is not affordable. The problem is not affordable. The problem is that people with a fixed income will qualifi, to buy a condo, and that is a good deal. What you were saying and the statistics show that you're right, that the market is open for us to compete as a government, but my concern is -- and maybe it could be addressed by a study -- when a person with a fixed income or worker who does not get a raise like every six month move into this unit, the City will help, the County will help in terms of paying the down payment, and they figure out, you know, the mortgage, how it's going to be, but then they -- we have the issue of property taxes, and the most important issue is the future assessment and the maintenance of the condo. If we can get only a commitment from either the Association, either the developer, that they will freeze the maintenance for, you know, maybe two or three years in order for that family to be able to get stable in that unit, then it will be a good (UNINTET,TIGIBT,F). Because what's going to happen is that, you know -- and we all know what happens in the condos -- maintenance, they say, well, it's $150 a month, and then two month from now nobody knows who is the Association; they raise to 300 and then they need to paint the building; they assess the owner, and I'm saying this because I have seen this in two old -- very old condo building in our district. These are people that live off their social securities [sic]. Twenty years ago they were able to buy their condos, and all of a sudden, they have an assessment because the elevator doesn't work, and they have to share $45, 000 and all, and they have to scrap for money or, like in this case, three people had to sell because they couldn't make it, so if you can -- Commissioner, if you can get also some ideas as to how do we City ofMiami Page 69 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 freeze the maintenance, how do we make sure that if there is an assessment, eventually -- Chairman Gonzalez: Well, I can tell -- Commissioner Regalado: -- we could -- Chairman Gonzalez: -- you about my experience. I have a license in Community Association Management from the State of Florida. There is -- legally, there is no way that you can freeze maintenance. As a matter of act, the Florida Statute tells you that you have to have a balanced budget in every condominium association, and in addition to that, you're supposed, by statute, to maintain a reserve account to -- for replacement of the roof parking lot, water lines, and sewer, and you know, actually, the only one that can do that is the Legislature in Tallahassee, but we, City Commissioners, can't freeze -- Commissioner Regalado: No, no, andl understand. Chairman Gonzalez: -- maintenance. Commissioner Regalado: Andl understand that, but condominiums are not, in any way, supervised by City or County, and -- Chairman Gonzalez: Right. Commissioner Regalado: -- we all understand that. What I'm saying is that maybe we can sort of make a commitment, a signed commitment with the association of the developer, but the developer is a good deal if we buy a block of units, in terms of them saying, well, if there is an increase in the maintenance, we'll be able to defray the costs. What I'm saying is that what we don't want is people that we give them the key, and they turn around in one year and said -- Commissioner Sarnoff Here's the key back. Commissioner Regalado: -- Commissioner, here's your key. Commissioner Sarnoff Key back. Commissioner Regalado: I cannot pay because affordable is not affordable anymore -- Chairman Gonzalez: Right. Commissioner Regalado: -- here in Miami, and that's -- and I'm telling you because I know for a fact of two cases of people that only live on Social Security and some of the savings and they have to -- they had to sell. They couldn't handle it, so thank you. Chairman Gonzalez: All right. Any other comments? Yes, Vice Chairman. Vice Chairman Sanchez: Yes, Mr. Chairman. I certainly welcome any avenues that we could explore to make homeownership; that's been one of my priorities, but I think before we go out there and rush into buying condos, I think there's a lot of questions that need to be answered. Commissioner Sarnoff Oh, no doubt. Vice Chairman Sanchez: You know, how do we assure the public that the program is not a bail out to developers with overstock units and really to help the needy people who want to be homeowners? Andl think that's a question that we need to ask. Also is -- you know, one of the City ofMiami Page 70 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 key issue is how do we protect the City from liability; of owning a property, maintaining it? And that's the concern that we have. As the Commissioner stated, it's not owning a condominium; it's the condominium association fee; it's the maintenance -- Chairman Gonzalez: Insurance. Vice Chairman Sanchez: -- in many cases, the assessments, the -- Chairman Gonzalez: Insurance. Vice Chairman Sanchez: -- insurance, the cost of living -- Chairman Gonzalez: Taxes. Vice Chairman Sanchez: -- taxes, especially when these numbers -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- are alarming. When you have property taxes increasing -- I think the average has been about 85 percent -- while the cost -- by -- payments -- in other words, what you earn working has only increased about 35 percent, so there's a big gap, making a lot of people that, at one time, were able to afford a property; now not being able to afford the property, so once again, I want to make it very clear, I support every avenue to create home ownership, but this is something that we need to clearly review and put together because, one, there are already many a programs out there, Commissioner, that help people through first-time buyers, and many of the lending institutions are coming out now and getting very, very creative to make sure that the means for the stock of properties out there, people will be able to buy. However, once again, it's that big gap, as some stated here. You don't want to fund people to fail where, yeah, they're there for a year, and then a year from there, they get evicted out or there's a foreclosure on their property, so I welcome any opportunity; in many cases, anything that you may recommend, or the other question thatl have is, which is the number -one question that we should be asking is how do we know that CD (Community Development) money can be used this way? That's a very good question. Can you elaborate a little bit on that? Let's get that first question out of the way. Can we use the money for that? Pedro G. Hernandez (City Manager): Well, there may be even a further question; do we even have the monies -- Vice Chairman Sanchez: All right. Mr. Hernandez: -- for that purpose? Vice Chairman Sanchez: Well, that would be my next question. Mr. Hernandez: Okay. Vice Chairman Sanchez: First is can we use the money, and then do we have it? Or, of course, if you don't have it, you can't use it. Hector Mirabile: Thank you, Commissioner. Hector Mirabile, interim director, Community Development Department. As to whether or not the dollars can be used, the HOME (Home Investment Partnership Program) dollars and SHIP (State Housing Initiative Partnership Program) dollars have limitations in the use for the purchase of existing condominiums itselves [sic]. There are certain criterias [sic] that have to be met; the 80 percent bracket of median City ofMiami Page 71 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 incomes, the 50 percent and 30 percent -- Vice Chairman Sanchez: See, that's the problem. Mr. Mirabile: -- depending on where you locations are at. Additionally, on top of that, there are restrictions also as to qualifying the individuals. If we go into the aspect of assistance of homebuyers, depending on where you fall and where that individual falls and the medium income based on the HUD (Housing and Urban Development) matrix that's there. Now as to the second question as to whether or not we have the dollars. Currently -- well, there are normally -- we receive four million, six hundred and two thousand -- Vice Chairman Sanchez: From -- Mr. Mirabile: -- six hundred and twenty-nine dollars from HOME -- Vice Chairman Sanchez: -- HOME. Mr. Mirabile: -- and then $2, 232, 704 from SHIP -- Vice Chairman Sanchez: You don't have the money. Mr. Mirabile: -- of which, admin (administration) is approximately ten percent; we take that because that's how we pay our salaries here in CD, so it doesn't impact your general fund and increase taxes; the single-family rehab, we use 1,500,000 for single-family rehab from the SHIP funds; we then use the district -type homeownership zones for HOME dollars of $1, 500, 000 there. The down payment assistance, which is very, very good, is $1 million that we have available, and the brick and mortar, which is the actual construction costs itself, is $1, 642, 367 from HOME; and then for the SHIP for down payment and brick and mortar is -- approximately half a million dollars. The important thing is is that though -- you know, this very interesting concept of purchasing or assisting homebuyers in the purchase of condominiums in existing condos instead of building new ones, and -- but at this time, if it's possible, I'd like to go ahead and have something given to all of you that we discussed at a brainstorming meeting, which Peter Ehrlich, from Commissioner Sarnoffs office, was more than gracious to attend and help out and get some insight. He had very good information, excellent insights. You know, that's why it was a good brainstorming session, and it's being given to you right now. What you see in front of you is a series of slides with some backup information that most of you already have because it's in your books that we give now from CD to you and amend it as we -- every month, but the key here is is to really focus on what our -- what CD's mission is, and that also is not only dictated by what you've approved in the Comprehensive Plan, what the City Manager has ordered us to do, but also what HUD uses that money that they give to us, and what the State gives us that money to be able to use, so our mission is to assist in creating a viable urban community for the most needy people -- persons in our city while reducing poverty. The key aspect here is is while reducing poverty. Then we have the vision statement, which is carrying out various activities that aid in providing affordable, decent housing; suitable living environments; improving public facilities, infrastructures and services, as well as expanding economic opportunities for the disadvantaged. Now, if you turn to the next page, you'll see that there is a drawing that has a series of circles, and this triad of circles is the foundation of what the Manager is trying to achieve through Community Development, and each one of you is trying to achieve in your own districts, and that is is using Housing dollars, public services dollars, and economic development concepts and dollars through either micro enterprises or through using economic development initiatives that we have. When you put all those together, you have a synergy effect that takes place, and that synergy effect is what catapults, or at least assists those areas within our communities that -- to enhance or improve the quality of life, so when you see that we're building a construction project someplace, that the City of Miami's City ofMiami Page 72 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 HUD dollars, maybe we put in $1 million, our leveraging effect could be anywhere from 130 million and beyond. If you turn the pages, you'll also see what each one of the CDBG (Community Development Block Grant) allocations for fiscal '08/'09 are for; that includes, you know, your public services for child care, economic development, housing. The HOME and SHIP fiscal year '08/'09, I already spoke about. Your allocation of housings, very important, because it tells you what we funded, what was leveraged, and how many units were done from 2000 to the present -- to --from July 20, 2007, and then you'll see a pie chart in there that gives you a breakdown of the Tuscan View, which is a project that is going forward, and it tells you where the money comes from; and as you can see, five percent of it comes from the City; seven percent of it comesfrom Miami -Dade; seventeen percent of it comesfrom private lender; and then your equity investors. Those are your tax -- tax breaks that they get that's the preponderance of it, so that's how normally -- this is a normal construction project, and this is the leveraging effect that takes place, and then behind that you have the various dollar figures as to leveraging and how much each project cost; things of that nature. As to do we have the dollars? Minimal, as you can see; two point something million dollars, assuming that a building -- you know, that a condo is approximately 1,000 square feet, anywhere from $190 a square foot to $250 a square foot, depending, you can get anywhere from 15 to maybe 30 condos and that's it; your money's gone for that year. Subject to your questions. Commissioner Regalado: Mr. Chairman, ifI may? Chairman Gonzalez: Yes, sir. Commissioner Regalado: On a similar issue, we have several cases of home rehab, single-family home rehab. One of the resident, who, by the way, only has his Social Security check and owns the house -- he doesn't have the money -- on 23rd Terrace. He called and said that the program did not have any money. Is that a response? Mr. Mirabile: George will answer that. George Mensah: George Mensah, assistant director, Housing, Community Development. The statement has not been that we don't have the funds in that project, in that program. Usually, what we do is that by the State statute, we're required to advertise the program for at least a minimum of 30 days, so when we advertise, we create a waiting list, and that waiting list, we provide a funding based on the waiting list, so at the end of the wait -- the -- after we've accept everyone, then we open it up again. We're in the process of completing the -- serving of everyone on that list, so we should be opening up the program again in the next few weeks, so we usually don't say that. What we tell them was that if it's an emergency, we send someone there to look at it, like for example, we have a roof problems, water is coming into their house, electrical problems, we send an inspector right there and then we're able to assist them with at least $15, 000, but if it's not an emergency and it's just that they're -- the -- let's say the floor is not good, or the kitchen needs to be redone, and we -- and those are not emergencies, then they have to wait until the application is -- period is opened. Commissioner Regalado: Do we know the waiting list, how long is it in this --? Mr. Mensah: It's all -- we've almost gone through it. We had 84 people on that list. We've almost gone through it now, so we'll be opening it back in the next few weeks. Commissioner Regalado: So 84, and the medium expense on each of one of them is -- Mr. Mensah: It's about 30 to $35,000. Commissioner Regalado: Do we have the money? City ofMiami Page 73 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Mensah: Yes. Commissioner Regalado: For the 84? Mr. Mensah: Yes. Commissioner Regalado: Okay, so they could get on the list. Mr. Mensah: Yes. Commissioner Regalado: They could get on the list now and wait until the program -- Mr. Mensah: When we -- when we open the next period yeah, they would get on the list, yes. Commissioner Regalado: Okay. Thank you. Chairman Gonzalez: All right. Commissioner Sarnoff Let me ask you a question. Hector, Tuscan Place, your example -- your exemplar, if you will, your -- what does the square footage cost? Mr. Mensah: We don't have that information here, but most of the square footage, the cost is now approximately $200,000 to $350,000 as -- sorry -- $200 per square foot to $350 per square foot, as you said. Commissioner Sarnoff So there are times we're spending $350 a square foot now? Mr. Mensah: Yes, some of the projects are indeed spending that, and if you ask them, they will tell you a whole lot of reasons why the cost is up that high. Commissioner Sarnoff Okay. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-01347 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 18, 2007, FOR THE MUNICIPIO DE CUBA EVENT, AND PROVIDING FOR THE USE OF THE CITY OF MIAMI SNOWMOBILE, FOR SAID EVENT. 07-01347 Legislation.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 74 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 R-07-0658 Chairman Gonzalez: All right. D4.1, waiver -- fee waiver. Commissioner Regalado: Thank you very much, Mr. Chairman. I have several waivers, but I also have some items that we need someone from the Police Department; I don't know if they're here, Mr. Manager. Chairman Gonzalez: All right. Mr. Manager, could you get the chief of Police here, please? Let's do the waivers while -- Commissioner Regalado: A resolution -- Chairman Gonzalez: -- the chief of Police arrives. Commissioner Regalado: -- of the Miami City Commission authorizing the waiver of park rental fees, for the use of Robert King High Park, on Sunday, November 18, for the Municipio de Cuba event, and providing the use of the City of Miami showmobile for said -- for that event. They will pay, of course, the cost of the employees cleaning and the regular establish cost. So move. Chairman Gonzalez: All right, we have a motion. Is there a second? Vice Chairman Sanchez: Second. Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D4.2 07-01348 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, DECEMBER 9, 2007, FOR THE MUNICIPIO ESPERANZA EVENT, AND PROVIDING FOR THE USE OF THE CITY OF MIAMI SNOWMOBILE, FOR SAID EVENT. 07-01348 Legislation.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0659 Commissioner Regalado: D4.2, Mr. Chairman, is a waiver of park rental fees, for the use of Robert King High. Chairman Gonzalez: All right. Is there a second to that motion? Vice Chairman Sanchez: Second. City ofMiami Page 75 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D4.3 07-01349 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, DECEMBER 2, 2007, FOR THE PROVINCIA DE PINAR DEL RIO EVENT, AND PROVIDING FOR THE USE OF THE CITY OF MIAMI SNOWMOBILE, FOR SAID EVENT. 07-01349 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0660 Commissioner Regalado: And the third is for December 2, on Robert King High Park, for the waiver of park rental fees for Provincia De Pinar Del Rio event. Chairman Gonzalez: We have a motion. We have a -- Commissioner Sarnoff Second? Chairman Gonzalez: -- second. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D4.4 07-00848B DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE MIAMI POLICE DEPARTMENT ON THE ANTI -PROSTITUTION DETAIL IN THE FLAGAMI AREA. 07-00848B Cover Memo.pdf DISCUSSED Commissioner Regalado: Okay. Now -- Chairman Gonzalez: D4.4. Commissioner Regalado: Thank you. Of course that crime is the paramount concern of all the members of the Commission, and this is why we did what we did in the last budget; butl wanted to bring this because it's important, and it's important that we get a report from the chief regarding the anti prostitution detail in the Flagami area. I will tell you that the anti -prostitution detail has been very active, and in part, because, number one, the City of City ofMiami Page 76 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Miami Police and the Administration recognized that this was a crisis. We had a situation that was unbearable for the residents of the Flagler corridor and the Southwest 8th Street corridor, so several month ago, in July, this City Commission approve our motion to use $10, 000 of the office of District 4 budget to pay overtime to the anti prostitution details, and the numbers are impressive, and they show that this work; andl wonder if the chief could give us some detail as to what specific we did and what were the results of the whole anti prostitution detail, which, by the way, has to do -- and I'm sure that Chief [sic] Fernandez or Chief Timoney will tell you -- this is organized crime. This is not just a random person that needed the money. What we found there -- what you found there is organized crime. Chief. Deputy Chief Frank Fernandez (Police): Commissioner, thank you very much. Frank Fernandez, deputy chief. Just to give you a quick report on prostitution, crime in Flagami, it is a bit of a problem for us. It is a nuisance. We do receive a number of complaints from the community. We've done a number of operations throughout the last 20 years or so, and it does go up and down. We've targeted motels, but in particular, most recently, as you alluded to regarding the funds, we have done a total of 52 prostitution -related arrests just alone at the patrol level. Working with our undercover officers collectively, we have arrested 169 individuals for prostitution -related incidents in Flagami. Unfortunately, as winter approaches us, the problem increases in Flagami. Typically, these are not local residents that go out there and commit these crimes. What we are seeing is that these are seasonal employees ofMiami, if you will, that come down from the north. Whatl could tell you is that we also compete with Miami Beach. We have a very aggressive mapping program, and basically, what that means is, as you're well aware, we map them out so that we reduce the recidivism in the system. Miami Beach has the same program. They map them out; they come to us. We map them out; they go to them, but I'm here to report to you that our officers are doing a fantastic job. We appreciate the support of Commissioner Regalado and the funding 'cause it does help out, and 169 related arrests I think is a significant number in trying to combat the prostitution -related arrests. Commissioner Regalado: And it -- andl was present when one of the officers made several arrests, and the car that was transporting the ladies was an Escalade from Texas, and they claim to be from Orlando. Now we know that they come in limos from Fort Lauderdale to Flagler and 51 or Southwest and 48. It seems that this is a very organized business that they have there. Deputy Chief Fernandez: We've also taken out -- it is extremely organized. We've also identified groups that deal with juveniles, and that's -- obviously, that's a significant concern to us. They don't just also work out on the street, but they also have on -call services where they have hotels or motels where they call to and the actual Johns go to the motel or hotel. A hundred and sixty-nine arrests is just a tip of the iceberg when it comes down to these types of problems. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, on the issue, it all boils -- it all comes down to that revolving door. Those prostitutes have a tremendous rap sheet and all they do, if you apply heat and you apply enforcement --from 8th Street, they go to Flagler; and then from Flagler, they come to 8th Street, and it's just the way it is. I mean, if you go out there and you may spend whatever you want and you could enforce it, they're back either the next day or the next week or the following months because they're there. Listen, I see them in the morning. When I -- I take my son to Belen, andl have to take -- I don't take the expressway because it's the rush hour; I come down 8th Street -- Chairman Gonzalez: But not only that. City ofMiami Page 77 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: -- and they're there. Chairman Gonzalez: They get arrested on Friday night, and -- Vice Chairman Sanchez: And they're out -- Chairman Gonzalez: -- Saturday night they're at the same spot again. Vice Chairman Sanchez: Saturday night they're back in the same spot. Chairman Gonzalez: Yeah. Commissioner Regalado: No, but they do it -- they're doing the mapping now, and the mapping is working really good, because the ones that were brought from Orlando can no longer operate, not in Flagler, not in 8th Street. I guess they move on to other cities, but you have the mapping in progress now, and what we see now is that they come -- but will tell you because of the heat that they are taking, neighbors are seeing that things are getting better, if not good at all, andl really thankyou because the other day we were in the condo building and these people that came from outside Miami seeking customers were doing business in the laundry room of the condo, you know, and the people in that building were really shock, and finally, we were able to get the condo association to place the signs, you know, allowing the Police to come in and the NRO (Neighborhood Resource Officer) and the patrols are coming into the buildings, so I mean, you know, they don't even bother to pay motels. I mean -- Chief JohnF. Timoney (Police): Yeah. Commissioner Regalado: -- they just -- but I think that the reason I ask the Commission to support is that we cannot say to the chief look, you need to get rid of the prostitution. We need to get the resources because with those resources, the overtime, you were able to be there 24 hours a day, and if you keep hitting them and hitting them, they -- at least, we breathe for a year or so, so I just wanted to thankyou, and also to tell you that please continue because we are about to clean up the area. Chief Timoney: Just add two quick things. One, if they do get arrested the second time, the State Attorney is keeping in for at least 30 days, so that's helpful. That's number one. Number two, and hopefully, the next six months, I think the whole issue of the VIP, the Vehicle Impoundment law that we used to use that was suspended a -- Vice Chairman Sanchez: Next year. Chief Timoney: -- few years back, it looks like that's coming to a resolution, and so hopefully, that'll be back up and running in six months, nine months from now, and so -- for example, the Escalade, we'll be able -- even though -- at least we have to get it that night, hold it a few days, fine them $500 or $1, 000, whatever it is. That will be another tool, if you will, in the tool shed. Chairman Gonzalez: All right. Commissioner Regalado: Thank you. Deputy Chief Fernandez: You're welcome. D4.5 07-01374 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE SLOTS MACHINE REFERENDUM AND THE POTENTIAL City ofMiami Page 78 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 BENEFITS FOR THE CITY OF MIAMI. 07-01374 Cover Memo.pdf DISCUSSED Chairman Gonzalez: D4.5. Commissioner Regalado: D4.5, Mr. Chairman, is an update from the Administration regarding the slots machine referendum and the potential benefits for the City ofMiami. As we all know, if voters were to approve the -- on January 29 the referendum to allow gaming machines at the dog track, race track, and the Miami Jai Alai, two of the three sites will be within the City of Miami municipal limits, and although the State has gone after this pari-mutuel with more than 50 percent of their income in taxes, there is still room for the City to get revenue, and in fact, two other cities -- two other municipalities in Broward that already have the gaming operation have benefit tremendously from having those facilities there. The reason I have it in the agenda is because sooner or later people expect from elected officials their advice whether or not we should vote yes or we should vote no. This is an election that is only weeks away, and we just don't know -- or I don't know the benefits to the City ofMiami, although we have the dog track in District 4, we have Jai Alai in District 1, and we really need to know if we do have a deal because, you know, I will be willing to campaign in favor, if there are benefits in terms ofjobs, in terms of income from -- for the City in terms offacilities that would enhance the district, but I just don't know. Pedro G. Hernandez (City Manager): Commissioner, we have had meetings at least with the Flagler Dog Track representatives and possibly even, I think, Jai Alai also, and Mr. Roger Hernstadt from my office is basically coordinating those meetings, and he'll give you a brief update. Roger. Roger Hernstadt (Chief of Staff, City Manager's Office): Thank you, Mr. Manager. Good afternoon, Commissioners. With regard to the pari-mutuels, the pari-mutuels have an existing agreement with Miami -Dade County at one and a half percent of net revenues -- of the revenues. Vice Chairman Sanchez: What percent? What percent was it? Mr. Hernstadt: One -- Vice Chairman Sanchez: Point what? Mr. Hernstadt: -- point five percent. That agreement has the most favored nation's clause, which means that if we were to negotiate a different rate, it would trigger a most favored nation's clause with the County. Assuming that rate is applied in our agreement with the pari-mutuels -- with both pari-mutuels, that would represent roughly $770, 000 a year per pari-mutuel, assuming that they have the same number of slot machines as the Mardi Gras gaming facility in Broward. We are hoping to bring an agreement for your consideration at your meeting in December to wrap up these final issues, and if there's any other questions I can answer, I'll be more than happy to do that. Commissioner Regalado: And as to the facilities, because -- according to what read, they are planning, at least on the dog track, to build more facilities, either a theater or restaurants. What -- are we considering that in the package? Are we giving them any incentives so they can build, so we can get revenues? Is that part of the agreement? Because this is a huge piece of land. Mr. Hernstadt: Commissioner, they have discussed with us some of their future plans for City ofMiami Page 79 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 expanding their facilities at Flagler Dog Track. We are working with them to see what accommodations we feel comfortable to make, commitments we feel comfortable to make to facilitate that. Obviously, the sooner they build out and have more pari-mutuel either slot machines or other type of gaming there, of course the City would reap those rewards, so in essence, they are -- would become our business partner, so we're very anxious to do everything we can to help them. Commissioner Regalado: As business partner, we can also request that in terms of hiring -- and we're talking 6,000 new jobs for the three facilites, one in North Dade and one in Chairman district, one in District 4 -- we could enter in the agreement that City ofMiami residents will be consider -- Vice Chairman Sanchez: First source hiring. Commissioner Regalado: -- as a first source hiring. Mr. Hernstadt: Of course, Commissioner, we can include that as part of our negotiation with them and make it a part of our package in our recommendation to you. Commissioner Regalado: Which, Mr. Manager, brings me to one thing. Number one, we need today, Mr. Chairman, to pass a resolution rescinding a past resolution to place in the ballot a straw ballot question -- Vice Chairman Sanchez: What do we need to do? Commissioner Regalado: -- because the County has already place the real thing for January 29, and we don't want to confuse the electorate. Mr. Hernandez: Commissioner, I could bring it up at the end of the blue pages as a pocket item. Commissioner Regalado: Okay. Mr. Hernandez: I have the language here, and at the appropriate time, I'll bring it up. Commissioner Regalado: Okay, and the other thing is that -- I mean, we have been not attack, but I mean, the media has said the number of voters that went to the polls was very low, and you know, this was an election with low turnout, but for not being a general election, having a turnout of 70 percent or 13 percent or 11 percent is a very good turnout, historically, in the last year. Since in January 29 we don't have anybody, any political position from the City, I think that we should be more proactive in trying to get the people to get out and vote, so maybe we can raise the numbers because next year is an important year. In terms of election, we have the 29th -- the primary, then we have the County elections, then we have the Presidential elections, and we could even place things on the ballot. My proposal is that we design a project whereby, at minimal cost to the City, we can at least inform the people about -- that there is an election, because at least in our district, even to the last day, some people did not know because maybe they didn't listen to the radio, or they didn't read the paper that there was an election, and short of having to send mailers to all voters in the City ofMiami, which is costly, we could use the Solid Waste employees doing the recycling. The recycling trucks have two employees, and they could have flyers that they could post into the different houses whenever they do their recycling for a period of two weeks reminding people that there will be election -- general elections in January 29, and maybe the issues on the election from the City ofMiami point of view -- you know, we got the Presidential candidates; we got the Charter -- the amendment of the State Constitution, the Charter amendment from the County, and also the bill of rights of the City of City ofMiami Page 80 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Miami, so if we can work on a program using Solid Waste and NET (Neighborhood Enhancement Team) to disseminate information, we won't be able to reach all the residents and voters, but we will be reaching at least half of the registered voters in the City if we do the residential pick-up through flyers, so that's a recommendation for you to study. Mr. Hernandez: Commissioner, I'll work with our Communications Department, Solid Waste and NET to figure out the best way to do it, and to make that campaign active in the weeks prior to the election in January, once we get past the holidays, so it will be most effective, and I'll respond or report to the Commissioners as to how we plan to do it. Commissioner Regalado: Okay. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: On the January 29 election, you're going to have the tax relief vote, andl guarantee you, people are going to go out and vote. People are going to go out and vote on that because you know what? Whether it's $250 -- I wish it would have been more, but it's a relief and people are looking forward to this. I know that the Governor, himself, is out there raising -- probably will raise close to $5 million to push that agenda, andl think that there will be an incentive for people to go out there and vote, whether they vote for it or against it -- that's the beauty of this country, but think people will be motivated in this election on the 29th to go out and vote. I know I am. Chairman Gonzalez: All right. I have a question myself. Did hear --? I don't know ifI hear the correct numbers. You said the County is going to get 1.5 percent out of the proceeds of the slot machines? Mr. Hernstadt: Yes, sir. Chairman Gonzalez: And you said that we, the City, are going to get about $780, 000? Mr. Hernstadt: Seven seventy, sir. Chairman Gonzalez: Pardon me? Mr. Hernstadt: Seven seventy. Chairman Gonzalez: Seven seventy? Mr. Hernstadt: Yes, sir. That's based on the estimates on the State of Florida -- Chairman Gonzalez: And why -- Mr. Hernstadt: -- revenue site. Chairman Gonzalez: -- are we not on a percentage as the County is? Mr. Hernstadt: It would be the exact same percentage. Chairman Gonzalez: One point five? Mr. Hernstadt: Yes, sir. City ofMiami Page 81 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Chairman Gonzalez: So we will receive exactly the same percentage as the County? Mr. Hernstadt: That's the assumption, sir. Mr. Hernandez: Yes. Chairman Gonzalez: And where do you get the figure of $780, 000? Mr. Hernstadt: That's extrapolating the revenues on the State of Florida Revenue -- Department of Revenue Web site, and assuming the number of machines that are at the Mardi Gras facility. Chairman Gonzalez: All right. Vice Chairman Sanchez: Would -- just another question. That's a very good question. If you look at the -- Broward County's agreement, not only did they get a percentage, but also in that agreement, which we'll vote on and review, how 'bout [sic] if they meet high expectation benchmark where they do very well, would we also benefit from that if they do well? I mean, let's say if you have a certain point. Once that point is met and there is more gain, we could also benefit from that? Mr. Hernstadt: A threshold benefit, yes. Vice Chairman Sanchez: Yes. Mr. Hernstadt: We could look at that, Commissioner. Commissioner Regalado: Well, they do have it in Broward. Mr. Hernstadt: Yeah. Vice Chairman Sanchez: Well, is there -- Commissioner Regalado: But they do have it -- Vice Chairman Sanchez: -- reason why -- Commissioner Regalado: -- in Broward Vice Chairman Sanchez: -- we can't have it here? Chairman Gonzalez: Exactly. Commissioner Regalado: I mean, the threshold, they do have it in Broward Vice Chairman Sanchez: All right. Commissioner Regalado: They haven't reach it yet, but they do have it in -- Chairman Gonzalez: When are you planning on meeting with the Commissioners, Mr. Manager, and inform the Commission about --? Because let me tell you, as Commissioner Regalado says, the ones that are going to be out there either supporting -- City ofMiami Page 82 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: Or -- Chairman Gonzalez: -- or blasting the idea is going to be us in our communities, so when are we going to be brief? Because I'm sure that you have had plenty of meetings with these people, and we are always left to last, you know, and then at the last minute, you give us a proposal; you need to vote for it today, or tomorrow we'll have zero. I hope -- this is a very important issue. I think this is an issue that could provide certain funding to help us with tax relief and with the senior centers, and with -- you know, with different programs that we have now that we're going to be getting some cuts, so I hope that long before January 29, you meet with each of this -- you know, with this -- Mr. Hernandez: Right. Chairman Gonzalez: -- Commissioner in this dais and let us know what's going on and what is going to happen and what the projections are and what the plans are. Mr. Hernandez: Mr. Chairman, the plan would be following this discussion of today, for us to be able to get back to both pari-mutuels, be able to have a draft understanding that then we could bring back to you, I would say, by December 1, because ideally, I would like to bring the interlocal agreements before the City Commission on December 13. Chairman Gonzalez: Remember what I say, I hope that you bring this to us in plenty of time -- Mr. Hernandez: Yes. Chairman Gonzalez: -- and you don't do it at the last minute, like usually things happen in the City, you know, when we're sitting here, they give us a proposal; we need to vote on this today or we'll lose it all, so -- Mr. Hernandez: Commissioner, I plan to share with all of you a draft within two weeks. Chairman Gonzalez: All right. I appreciate that. Thank you. Commissioner Regalado: Okay. D4.6 07-01375 DISCUSSION ITEM DISCUSSION CONCERNING THE WHITE FLY INFESTATION AND MEASURES TO BE TAKEN IN ORDER TO REMEDY THE SITUATION. 07-01375 Cover Memo.pdf 07-01375-Submittal-Public Works Memo.pdf DISCUSSED Commissioner Regalado: The last item, Mr. Chairman, is a discussion concerning the whitefly infestation and the measures to be taken in order to remedy the situation. We all know that anything that has to do with trees or infestation is business of the Department of Agriculture of the State of Florida. Not even the counties have responsibility of addressing a problem of this magnitude, but the reason I place this is because of awareness. I have been talking to the Agriculture Department because the first time I saw this in the media, it said it affects the fichus, and then it goes on to affecting the fichus family, which, by the way, are all the trees in Coral Way; and then I have seen personally the damage that they -- this whitefly does, and my understanding is that, number one, the Department of Agriculture is releasing some anti-whitefly insects, and also that people are figuring out to use dishwashing liquid to spray the trees and the flies fly away, but I just want to understand, if we at Public Works are communicating with the Department of Agriculture because now we have a cooler weather, and City ofMiami Page 83 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 the cooler weather is damaging to this infestation, but if we go into a cycle of 90 percent or 90 degrees, then we are going to have them back, and then we -- you know, we're going to have a problem. Stephanie Grindell: Stephanie Grindell, director of Public Works. Yes, pretty much you've covered up every item that has to do with the whitefly. It's a small wasp that's been sent out. It's a natural predator, and it is hoped -- they're not even sure, but it's hoped that that will take care of the whitefly based on it having an effect of different types of whiteflies. We have been communicating with many residents that call in. We put together a statement a couple days ago that we'll be sending out to the NET office that they -- that the residents can either the NET office or the Public Works Department for more information. Commissioner Regalado: Okay. Chairman Gonzalez: All right. Commissioner Regalado: Thank you, Mr. Chairman. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-01371 DISCUSSION ITEM DISCUSSION REGARDING THE PROCESS ON THE "NAMING RIGHTS" ORDINANCE FOR REGIONAL PARKS. 07-01371 Cover Email.pdf NO ACTION TAKEN D5.2 07-01368 DISCUSSION ITEM A DISCUSSION ITEM CONCERNING A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING HOUSING AND COMMERCIAL LOAN COMMITTEE ADDITIONAL APPROVAL OF $115,000.00 FROM THE AFFORDABLE HOUSING TRUST FUND TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION ("TEDC"), A NONPROFIT CORPORATION, FOR THE REFINANCING OF EDISON TOWERS, IN ORDER TO PRESERVE ONE OF THE LARGEST MULTI -FAMILY HOUSING STOCK FOR LOW INCOME AND SECTION 8 INDIVIDUALS IN THE CITY OF MIAMI. 07-01368 Cover Email.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: Vice Chairman Sanchez, I believe that you have one item from -- for Commissioner Michelle Spence -Jones? Vice Chairman Sanchez: Yes, sir. IfI could present this item on her behalf. I believe it's D5.2, and this is a return item that was mandated for the refinancing of the Edison Towers, the largest multifamily dwelling in District 5 housing low income and the elderly. As you may recall, we financed the initial 1.1 million out of the affordable housing trust fund. After the Housing Loan Committee approved the loan, there was some additional monies that was City ofMiami Page 84 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 required at the Commission meeting hearing, but this Commission said it wanted the Housing Loan Committee to complete the approval of that portion. This is the portion, which I understand the Housing Loan Committee will be approving, in which they have approved, but the fact that they have lacked a quorum -- this is $145, 000 instead of the $115, 000, and it's a cushion in case the delay from the Loan Committee extends over until January or February. Therefore, the Commissioner is requesting that we provide the Housing Loan Committee approval -- approving the loan, which was allocated 145, 000 for the affordable housing trust fund as a source of funding for the completion of the refinancing of the Edison Tower [sic], and I could seriously understand her concern with the Loan Committee, who has, for the last two meetings, not been able to get a quorum because the Little Havana Homeownership is also trying to push something through and it has been very frustrating, so I could relate to that -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- so I would -- Chairman Gonzalez: Does that require --? Vice Chairman Sanchez: -- make a motion on her behalf. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff Well -- Commissioner Regalado: Second. Second for discussion. Commissioner Sarnoff Yeah. Let me just say that I've not seen any of the documentation to this, and I'd like to look at the documentation. Out of respect for Michelle Spence -Jones, I think we should defer this so that we can get a package. Vice Chairman Sanchez: Well, if you have another motion to defer it. Chairman Gonzalez: All right. We don't have a second to the actual motion, so the motion dies. Is there a motion for defer? Commissioner Sarnoff I'll move to defer it. Chairman Gonzalez: We have a motion to defer. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion -- Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: -- has been approved. Ms. Burns: Do we have a date certain for the deferral? Chairman Gonzalez: Pardon me? City ofMiami Page 85 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Ms. Burns: Do we have a date cer --? Vice Chairman Sanchez: Not a deferral, a continuance. Commissioner Sarnoff Continue, right. Vice Chairman Sanchez: Continue. Ms. Burns: Continuance. Thank you. Pedro G. Hernandez (City Manager): To December 13. Vice Chairman Sanchez: Yeah. D5.3 07-01370 DISCUSSION ITEM A DISCUSSION ITEM CONCERNING A RESOLUTION OF THE MIAMI CITY COMMISSION CONVEYING CLASS A EXCESS PROPERTY PURSUANT TO SECTION 18-82 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO A DESIGNATED NON PROFIT ORGANIZATION SO THAT IT CAN IN CONJUNCTION WITH THE MAYOR'S INTERNATIONAL COUNCIL DONATE SAID PROPERTY TO THE PORT AU PRINCE, HAITI FOR DISTRIBUTION TO LOCAL CITIES WITHIN HAITI. 07-01370 Cover Email.pdf NO ACTION TAKEN City ofMiami Page 86 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 NON -AGENDA ITEMS NA.1 07-01383 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY ("FIU"), FOR THE STAGING OF THE 2007 FIU FOOTBALL SEASON AT THE ORANGE BOWL STADIUM, TO PROVIDE FOR A WAIVER OF THE TICKET SURCHARGE FOR ALL COMP TICKETS; FURTHER PROVIDING A CREDIT TO FIU AGAINST MONIES DUE TO THE CITY OF MIAMI ("CITY"), IN AN AMOUNT NOT TO EXCEED $10,000, AS THE CITY'S CONTRIBUTION TO SERVICES IN CONNECTION WITH A JOINT CELEBRATION OF THE LAST COLLEGE FOOTBALL GAME AT THE ORANGE BOWL STADIUM IN ORDER TO OFFSET COSTS ASSOCIATED WITH PROVIDING THE COMMUNITY WITH AN OPPORTUNITY TO BE A PART OF THE LAST COLLEGE FOOTBALL GAME AT THE ORANGE BOWL. 07-01383-Legisl ati on. pdf 07-01383-Exhibit. pdf 07-01383-Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0661 Note for the Record: This resolution was amended after the original vote. Please see verbatim minutes and amended legislation. Chairman Gonzalez: All right. We have a pocket item from the Manager. It's a resolution authorizing the City Manager to secure an amendment to the agreement, in a form acceptable to the City Attorney, with Florida International University, a public body corporate, for the staging of the Florida International University football season at Miami Orange Bowl Stadium, to provide for a waiver of the ticket surcharge; further providing a credit to FIU (Florida International University) against monies due to the City, in an amount not to exceed $10,000, as the City's contribution to services in connection with a joint celebration of the last college football game at the Orange Bowl Stadium in order to offset costs associated with providing the community with an opportunity to be part of the last college football game at the Orange Bowl. Can I have someone move this pocket item? Commissioner Sarnoff So move. Vice Chairman Sanchez: Is this --? I'm sorry, I wasn't paying attention, butl am aware there are two pocket items, andl don't want to get them confused. Is this the one waiving the -- Chairman Gonzalez: The surcharge. Vice Chairman Sanchez: -- surcharge? Chairman Gonzalez: Yes. City ofMiami Page 87 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: For the entire ticket or just the tickets that are being given away? Chairman Gonzalez: Tickets that are being -- Pedro G. Hernandez (City Manager): Just for the ones that are given away. Vice Chairman Sanchez: I have no problem with that. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later... Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: Motion -- yes, sir. Mr. Hernandez: One minor item, I'm sorry. Ms. Billberry was letting me know that on the item that we just approved reference the FIU celebration for the last game at the Orange Bowl needed some clarification. Laura L. Billberry (Director, Public Facilities): Yes. The item as it was presented in the written form to the Commission was to waive the entire ticket surcharge. We have no objection to what Commissioner Sanchez has proposed, that it be only for any tickets that were comp and given to people, and we have -- I just wanted to make it clear that that would be a modified item so that we can get the resolution corrected with the City Clerk, if it -- Chairman Gonzalez: All right. Ms. Billberry: -- is agreed. Chairman Gonzalez: It's -- as a modified item, it's -- we agree to waive on the tickets that are going to be given away. Vice Chairman Sanchez: Only the tickets that are going to be given -- Chairman Gonzalez: Only the tickets that are going to be given away. Ms. Billberry: Thank you. NA.2 07-01380 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Attorney RESOLUTION NO. 07-0626, ADOPTED OCTOBER 25, 2007, IN ITS ENTIRETY, THEREBY CANCELING THE SPECIAL MUNICIPAL ELECTION THAT WAS TO BE HELD IN CONJUNCTION WITH A STATEWIDE ELECTION ON JANUARY 29, 2008, FOR THE PURPOSE OF SUBMITTING City ofMiami Page 88 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 TO THE ELECTORS OF THE CITY OF MIAMI THE FOLLOWING STRAW BALLOT QUESTION: " WOULD YOU SUPPORT A VOTER PETITION REQUESTING THE BOARD OF MIAMI-DADE COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE THAT WOULD SUBMIT A PROPOSAL TO COUNTY VOTERS TO VOTE ON WHETHER TO AMEND THE COUNTY CHARTER TO PROVIDE FOR THE ELECTION OF THE COUNTY PROPERTY APPRAISER, INSTEAD OF THE COUNTY MAYOR APPOINTING THE COUNTY PROPERTY APPRAISER?;" FURTHER AUTHORIZING AND 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. 07-01380-Legisl ati on. pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0665 Chairman Gonzalez: Any other pocket items? Commissioner Regalado: Mr. -- Commissioner Sarnoff I have a pocket item. Commissioner Regalado: -- Chairman, we need to do the resolution pulling the -- Chairman Gonzalez: Pocket items are flying today. Commissioner Regalado: -- straw ballot. Vice Chairman Sanchez: Second on that resolution resenting [sic] the straw ballot vote for the property appraiser. Commissioner Regalado: A resolution of the Miami City Commission rescinding resolution no. 07 [sic], adopted October 25, 2007, in its entirety, thereby canceling the special municipal election that was to be held in conjunction with a statewide election on January 29, 2008, for the purpose of submitting to the electors of the City ofMiami the following straw ballot question: "Would you support a voter petition requesting the Board ofMiami-Dade County Commissioners to adopt an ordinance that would submit a proposal to voters to vote on whether to amend the County chairman [sic] to provide for the -- charter to provide for the election of the county property appraisal ]sic]?" That was the straw ballot, but now we have the real question. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a -- Chairman Gonzalez: There is a second. City ofMiami Page 89 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 NA.3 07-01385 District 2- Commissioner Marc David Sarnoff Vice Chairman Sanchez: There's already a second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A WAIVER OF "LIQUOR SALES" AT KARU & Y RESTAURANT, LOCATED AT 71 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE WHITE PARTY TO BENEFIT CARE RESOURCES, A NOT -FOR -PROFIT ORGANIZATION, BEING HELD ON FRIDAY, NOVEMBER 23, 2007, THEREBY GRANTING THE REQUEST FOR AN EXTENSION OF THE LIQUOR LICENSE ON SATURDAY, NOVEMBER 24, 2007, FROM 5:00 A.M. TO 7:00 A.M. AND FOR THE ERIC MORILLO EVENT ON SATURDAY, NOVEMBER 24, 2007, THEREBY GRANTING THE REQUEST FOR AN EXTENSION OF THE LIQUOR LICENSE ON SUNDAY, NOVEMBER 25, 2007, FROM 5:00 A.M. TO 12:00 P.M., WITH SAID EVENT TAKING PLACE STRICTLY INDOORS. 07-01385-Legisl ati on. pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0662 Chairman Gonzalez: Next. Commissioner Sarnoff Quick pocket item. Chairman Gonzalez: Go ahead. Commissioner Sarnoff I just have a quick pocket item. A resolution of the City ofMiami Commission authorizing a waiver of liquor sales at Karu & Y, located at 71 Northwest 14th Street, for a white party to the benefit Care Resources, a non -for -profit organization, being held on Friday, November 23, 2007, granting an extension of time for the liquor -- for the licensed sale of liquor from 5 a.m. to 7 a.m. Chairman Gonzalez: That is a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. Vice Chairman Sanchez: Seven a.m., whoof. Chairman Gonzalez: All in -- Commissioner Sarnoff Inside, indoors. City ofMiami Page 90 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Chairman Gonzalez: -- favor -- Vice Chairman Sanchez: That's a great party. Chairman Gonzalez: -- say "aye." The Commission (Collectively): Aye. NA.4 07-01276a RESOLUTION OF CONDOLENCE A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF VICTOR DE YURRE, SR. UPON HIS UNTIMELY DEATH. 07-01276a-Legislation. pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0664 Chairman Gonzalez: Next pocket item. Vice Chairman Sanchez: I have a pocket item. Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: Mr. Chairman, as you know, this pocket item is -- we all know the individual. We all know his son, someone who was an ex -Commissioner, and someone who many of you either met directly or indirectly through the City or in the political process. Victor de Yurre, Sr. passed away, andl requested that a resolution of the City ofMiami Commission expressing deepest sympathy and sincere condolence on behalf of the City ofMiami and its citizens to the family and friends of Victor de Yurre, Sr. upon his untimely death. So move. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. NA.5 07-01384 RESOLUTION Districts- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF PARK RENTAL FEES, FOR THE USE OF CURTIS PARK Michelle STADIUM, ON SATURDAY, NOVEMBER 10, 2007 AND SUNDAY, Spence -Jones NOVEMBER 11, 2007, TO HOST THE NYFL SEMI-FINALS YOUTH FOOTBALL PLAYOFFS. 07-01384-Legislation. pdf City ofMiami Page 91 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0663 Chairman Gonzalez: Are there any other pocket items? Pedro G. Hernandez (City Manager): Mr. Chairman. Vice Chairman Sanchez: There is -- Chairman Gonzalez: All right. Yes, sir. Mr. Hernandez: I have one from Commissioner Spence -Jones. If you allow me to read it? Chairman Gonzalez: Go ahead. Mr. Hernandez: It's a waiver for Curtis Park. It's a waiver of fees and associated costs for the use of facilities at Curtis Park stadium, on Saturday, November 10, 2007 and Sunday, November 11, 2007, to host the National Youth Football League semi-finals youth football playoffs. Chairman Gonzalez: All right. Is -- can -- Commissioner Sarnoff So moved. Chairman Gonzalez: -- someone move it? All right. 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. City ofMiami Page 92 Printed on 11/28/2007