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HomeMy WebLinkAboutCC 2007-12-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, December 13, 2007 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 13, 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 DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 13th day of December 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 9:47 a.m., recessed at 11:44 a.m., reconvened at 12:10 p.m., recessed at 3:00 p.m., reconvened at 4:40 p.m., and adjourned at 9:41 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 12:12 p.m. and Vice Chairperson Spence -Jones entered the Commission chambers at 12:17 p.m. Note for the Record: Commissioner Regalado entered the Commission chambers at 4:42 p.m., and Vice Chairperson Spence -Jones entered the Commission chambers at 4:52 p.m. Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the December 13, 2007 meeting of the City ofMiami Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence Jones, Marc David Sarnoff, and me, Angel Gonzalez, Chairman. Also on the dais are Pete Hernandez, City Manager, Jorge L. Fernandez, City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Vice Chairman Sanchez and a pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-01488 CEREMONIAL ITEM Honoree Presenter David Hernandez/Coral Reef Yacht Club West Flagler NET Office Citizens On Patrol Flagami Volunteers Protocol Item Mayor Diaz Commissioner Regalado Commissioner Regalado Commissioner Regalado Certicate of Merit Certificates of Appreciation Certificates of Appreciation Certificates of Appreciation 1. Mayor Diaz presented Certificates ofMerit to New World School of the Arts (Gold Medal), Design and Architecture Senior High School (Gold Medal), and Maritime & Science Technology Academy (Silver Medal) for its excellence and steadfast commitment to student achievement; further recognizing said schools as being nationally designated as Gold and Silver Medal Schools of the United States for placing in the top best 100 of the more than 18,000 schools in the United States. 2. Commissioner Regalado present Certificates ofAppreciation to members of the West Flagler NET Office (Ana Rodriguez, Kenia Alfonso, Andres Valdez, Milady Irizzary, Alejandro Oliva) for their dedication to elevating the quality of life of the citizens of the City ofMiami through their critical assistance, outstanding performance, and commitment to excellence. 3. Commissioner Regalado presented Certificates ofAppreciation to members of the Flagami NET Office for their dedication to elevating the quality of life for the residents in the Flagami City ofMiami Page 3 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 MAYORAL VETOES area, paying special tribute to their valuable contributions in establishing a wellspring of goodwill for the residents. 4. Commissioner Regalado presented Certificates ofAppreciation to Victor Sosa, Julio Masa, and Lorenzo Mesa, members of Citizens on Patrol, for their dedication to neighborhood empowerment and innovative community initiatives sfructured to elevate the quality of life. 5. Commissioner Spence -Jones saluted Velma Lawrence for her generosity of spirit and unselfish commitment to raising the quality of life in Miami and critical assistance to Miami's youth through the Embrace Girls Foundation, Inc.'s Girl Power Initiative. 6. Commissioner Sarnoff presented a Certificate ofMerit to David Hernandez as Outstanding Sailor of the City ofMiami for winning the 2008 Cressy Cup - Full Rig Laser Division of the ISSA High School Single -Handed National Regatta Championship; further recognizing his excellent sportsmanship and sailing expertise as a Coral Reef youth sailor. 7. Commissioner Sarnoff presented Certificates of Commendation to Robert Loupo, Kitty Harring, Sue McConnell, Lee Marks, Sean Reichert, and Officer Thomas Braga, members of the Coconut Grove All -Grove Crime Watch Committee, for their dedication to neighborhood empowerment and innovative community initiatives sfructured to elevate the quality of life in the Coconut Grove area. Chairman Gonzalez: Now we're going to start with the presentations and proclamations. Mayor Diaz, you're recognized, sir. Mayor Manuel A. Diaz: Thank you. Good morning, Mr, Chairman, fellow Commissioners, and all that are watching and all that are here. Presentations made. NO MAYORAL VETOES Chair Sanchez: Before we go any further, just want to put on the record that there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 4 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: For the record, we also need to approve the following minutes, but before we do that, Ijust want to state that any PZ (Planning & Zoning) items will not be heard during the morning Commission meeting. They will be heard in the afternoon, so anyone who's here for PZ, come on back this afternoon because, once again, we have a very long agenda that we need to go through today. All right, so let's go ahead and have a motion amending the minutes, regular Commission meeting on October 11, 207 [sic]. Commissioner Sarnoff So move. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff second by Commissioner Regalado. Any discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes. Planning & Zoning meeting of October 25, 207 [sic]. Is there a motion? Commissioner Sarnoff So move. Chair Sanchez: Motion is made by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Sarnoff second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move on to the regular Commission meeting of November 9, 207 [sic]. Need a motion approve the minutes. Lucia Dougherty: Mr. Chairman, could I have a date certain for your continuance of PZ.13? Chair Sanchez: Why don't you let me finish -- Ms. Dougherty: Okay. Sorry. Chair Sanchez: -- voting, and we'll get to that, all right? Please. All right. Is there a motion to approve the Commission meeting on November 9? Commissioner Sarnoff So move. Chair Sanchez: There's a motion by Commissioner Spence -Jones. Commissioner Regalado: Second. Chair Sanchez: Commissioner Sarnoff made the motion, second by Commissioner Regalado. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It carries. Planning City ofMiami Page 5 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 and Zoning meeting of November 9, 207 [sic]. We need a motion to approve. Vice Chair Spence -Jones: So move. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Spence -Jones, second by Commissioner Gonzalez. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move on. City ofMiami Page 6 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 ORDER OF THE DAY Chair Sanchez: Ladies and gentlemen, good morning. As I stated before, we do have a very voluminous agenda today. It's not common that we put two meetings together, but in this agenda meeting, we do have the general agenda items and the PZ (Planning & Zoning), and I think we've taken enough time this morning. If we could get on the -- on with the agenda. Mr. City Manager, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Chair Sanchez: If we're ready, Mr. City Attorney, could you read the procedures into -- Mr. Fernandez: We are. Chair Sanchez: -- the record. Mr. Fernandez: Yes. Good morning, Mr. Chairman. Congratulations. Members of the Commission, members of the public, any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyist is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and also online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. The City ofMiami requires any person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils, or committees to disclose, at the commencement of a hearing, any consideration provided or committed directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit, or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Please note that if you have previously submitted a Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit as part of an application package, you're required to read the disclosure contained therein into the record prior to the commencement of a hearing. Also, if there is any additional information to disclose since the time you submitted the application package, you must supplement the affidavit. If you have not previously submitted an affidavit and have information to disclose, please obtain and complete the affidavit prior to the commencement of the public hearing on the issue. Individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653, and appearing before the City Commission or any of its boards, authorities, agencies or councils solely in the capacity of a lobbyist and not as the applicant or owner's legal representative, are not required to submit the aforementioned affidavit. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in 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 City Commission on items appearing on the "public hearing" portions of the agenda and on items where public input is solicited by the Commission. Persons wishing City ofMiami Page 7 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may also notify the City Clerk and she shall provide. 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 this time, Mr. Chairman, the Administration will announce which items are being either withdrawn, deferred, or substituted. Pedro G. Hernandez (City Manager): Good morning, Mr. Chairman. Good morning, Commissioners. Happy holidays to all of you. We have a certain number of items that I'm asking for your consideration to continue. They are CA.7. Commissioner Gonzalez: CA (Consent Agenda)? Vice Chair Spence -Jones: CA. Mr. Hernandez: C, CA.7, consent agenda 7, PH.4, PH 5, PH 6, PH 7, PH 10. Also, RE.5, DI.1. Chair Sanchez: I'm sorry? Mr. Hernandez: DI.1, and the last item that I'm asking to be continued is PZ.13. Commissioner Sarnoff What was the last one? Chair Sanchez: PZ.13. Mr. Hernandez: PZ.13, and those are all the items that I'm asking for your consideration for a continuance. Chair Sanchez: All right. Thank you, Mr. City Attorney. Thank you, Mr. City Manager. Priscilla A. Thompson (City Clerk): Chair, may ask, to make sure that we clarify, for the total so we have our record straight? I have on my records for continuing CA.7, PH.4, 5, 6, 7 and 10, RE.5, DI.1, and PZ.13. Mr. Hernandez: That is correct. Ms. Thompson: Thank you. Chair Sanchez: Yes. "[Later...]" Chair Sanchez: All right. Let's fry to get through the consent agendas [sic], and then, as -- I would respectfully request, through a point of privilege of the Chair, that the first item be taken after the consent agenda will be SP.3, which is the global agreement, followed by RE.17 and 18, which is the tunnel. The reason why I'm doing that, there's a lot of people here pertaining to that item. We could address that item. On the other hand, we're fresh. You know, this isn't an item that we could make a decision at 10 o'clock --10 or 11 o'clock or maybe 1 o'clock tonight; hopefully not. We'll get that item out of the way. We'll clear -- because there are other items that are going to be attracting a lot of public input, and we want to make sure they have an opportunity to sit in the Commission and have an opportunity to address this Commission, so -- City ofMiami Page 8 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chair Spence -Jones: Mr. Chairman, can you -- Chair Sanchez: Yes. Vice Chair Spence -Jones: -- just repeat your --? Not the whole thing, so -- Chair Sanchez: After the consent agenda, which we have 20 items on the consent agenda -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- we're going to bring up SP.13 [sic]. It's a supplement agenda, which is the global agreement, followed by RE.17 and 18, which pertain to the tunnel. "[Later...]" Chair Sanchez: All right. As I stated before, my dear colleagues, I need you to listen to me. We will be leaving -- or I will be leaving at 10. I am exhausted. This is the longest Commission -- or more complicated Commission meeting I've ever had in the last ten years that I've been here, so what I'm going to respectfully request is that if you have one item on your blue pages, we'll bring it up, and respectfully defer all your items to the next meeting, so what we're going to do is if you have a blue item, just one that you want to bring up, we'll -- Commissioner Gonzalez: I never have a second agenda. I justgo by one agenda -- Chair Sanchez: Oh, okay. That's good. Commissioner Gonzalez: -- so you'll never have that problem with me. Commissioner Regalado: I can do one. Chair Sanchez: Okay, perfect. I really appre -- Commissioner Sarnoff Well, in deference to you being freshman, I'll defer all mine. Chair Sanchez: You're such a nice guy. Vice Chair Spence -Jones: Well, because those two don't have anything -- Chair Sanchez: But before we do that -- Vice Chair Spence -Jones: -- I'll take theirs. Chair Sanchez: -- there's -- Commissioner Regalado agrees to do one, and you agree to do one. Vice Chair Spence -Jones: Two. I agree not to do three. Commissioner Sanchez: How come you always have to be the hardest one here? Vice Chair Spence -Jones: 'Cause I'm the only woman up here. Chair Sanchez: Because you're a lady, that's why. Vice Chair Spence -Jones: I'm a lady, right. CONSENT AGENDA City ofMiami Page 9 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 CA.1 07-01390 RESOLUTION Homeless Programs A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2007-2008 OUTREACH TO HOMELESS DETAINEES," AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME, IN AN AMOUNT NOT TO EXCEED $85,796, CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA GRANT-IN-AID PROGRAM, FOR A ONE-YEAR PERIOD, FOR OUTREACH, ASSESSMENT, TRANSPORTATION AND PLACEMENT SERVICES TO HOMELESS DETAINEES BEING RELEASED FROM THE MIAMI-DADE COUNTY JAIL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-01390 Legislation .pdf 07-01390 Exhibit 1.pdf 07-01390 Exhibit 2.pdf 07-01390 Exhibit 3.pdf 07-01390 Exhibit 4.pdf 07-01390 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0673 CA.2 07-01391 RESOLUTION Homeless Programs A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2007-2008 ALLIANCE FOR HUMAN SERVICES GRANT," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $34,000, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-01391 Legislation.pdf 07-01391 Exhibit 1.pdf 07-01391 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0674 CA.3 07-01392 RESOLUTION City ofMiami Page 10 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENTS OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 07-01392 Legislation.pdf 07-01392 Summary Form.pdf 07-01392 Affidavit.pdf 07-01392-Submittal-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0675 CA.4 07-01393 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CITY MANAGER TO EXECUTE A JOINT TERRORISM TASK FORCE STANDARD MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF OF THE MIAMI POLICE DEPARTMENT AS A PARTICIPATING AGENCY, WITH SAID MOU SUBJECT TO TERMINATION AT WILL BY EITHER PARTY ON NOT LESS THAN SIXTY (60) DAYS PRIOR WRITTEN NOTICE. 07-01393 Legislation.pdf 07-01393 Summary Form.pdf 07-01393-Submittal-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0676 CA.5 07-01394 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 06-0725, ADOPTED DECEMBER 14, 2006, THAT AUTHORIZED THE CITY MANAGER TO EXECUTE A GRANT OF WATER EASEMENT, WITH MIAMI-DADE COUNTY, SUBJECT TO BAYSIDE CENTER LIMITED PARTNERSHIP, A MARYLAND LIMITED PARTNERSHIP, EXECUTING A JOINDER TO THE WATER EASEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF WATER EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("GRANTEE"), FOR THE PURPOSE OF GRANTING GRANTEE THE RIGHT TO USE APPROXIMATELY A 12-FOOT WIDE WATER EASEMENT, AT THE PROPERTY KNOWN AS BAYFRONT PARK, LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE City ofMiami Page 11 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS A WATER EASEMENT. 07-01394 Legislation.pdf 07-01394 Exhibit.pdf 07-01394 Exhibit 2.pdf 07-01394 Exhibit 3.pdf 07-01394 Exhibit 4.pdf 07-01394 Exhibit 5.pdf 07-01394 Summary Form.pdf 07-01394 Pre Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0677 CA.6 07-01395 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF $66,974, CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT, ENTITLED: "HAZARD MITIGATION GRANT PROGRAM - FEMA PROJECT 1602-04-R CITY OF MIAMI, DADE COUNTY, NORTH DISTRICT POLICE STATION, WIND RETROFIT," WITH AN EXPIRATION DATE OF SEPTEMBER 30, 2008, TO PURCHASE AND INSTALL ROLL DOWN SHUTTERS, ACCORDION SHUTTERS, AND GLASS BLOCK WALL AT THE FRONT ENTRANCE TO THE BUILDING OF THE NORTH DISTRICT POLICE STATION LOCATED AT 1000 NORTHWEST 62 ST, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $22,324, FOR A TOTAL GRANT AMOUNT OF $89,298; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $22,324, FROM ACCOUNT NO. 00001.191602.891000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 07-01395 Legislation.pdf 07-01395 Exhibit 1.pdf 07-01395 Exhibit 2.pdf 07-01395 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0678 CA.7 07-01397 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management Trust BAYFRONT PARK MANAGEMENT TRUST TO EXECUTE AN AGREEMENT City ofMiami Page 12 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 WITH LIVE NATION WORLDWIDE, INC., FOR THE PURPOSE OF MANAGING AND OPERATING THE BAYFRONT PARK AMPHITHEATER, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 44014, AND THE RECOMMENDATION MADE BY THE BAYFRONT PARK MANAGEMENT TRUST PROCUREMENT COMMITTEE AND APPROVED BY THE BAYFRONT PARK MANAGEMENT TRUST. 07-01397 Legislation.pdf 07-01397 Cover memo.pdf 07-01397 Letter.pdf 07-01397 Request for Letters.pdf 07-01397 Presentation.pdf 07-01397 Request for Letters2.pdf 07-01397 Certificate of Authority.pdf 07-01397 Jurat.pdf 07-01397 Certificate of Authority2.pdf 07-01397 Jurat2.pdf 07-01397 Insurance Requirements.pdf 07-01397 Letter of Credit.pdf 07-01397 Letter2.pdf 07-01397 Presentation2.pdf 07-01397 Addendum.pdf 07-01397 RFLI Information Form.pdf CONTINUED Item CA.7 was continued to the Commission meeting currently scheduled for January 10, 2008. CA.8 07-01396 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION TO THE FLORIDA CHAPTER OF THE FBI NATIONAL ACADEMY ASSOCIATES, INC., AS FINANCIAL SUPPORT TO HOST THE 2007 NATIONAL RETRAINING CONFERENCE HELD JULY 29, 2007 THROUGH AUGUST 2, 2007, BY THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $3,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 19-690001, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 07-01396 Legislation.pdf 07-01396 Summary Form.pdf 07-01396 Letter.pdf 07-01396 Affidavit.pdf 07-01396 Certificate of Applicant.pdf 07-01396 Letter2.pdf 07-01396 Letter3.pdf 07-01396 Training Agenda.pdf 07-01396-Submittal-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0679 City ofMiami Page 13 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 CA.9 07-01417 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Hearing Boards ATTACHMENT(S), RE -APPOINTING JUAN C. CURA AS A SPECIAL MASTER TO SERVE AS A HEARING OFFICER TO PRESIDE OVER CODE ENFORCEMENT AND OTHER SIMILAR HEARINGS AND PROCEEDINGS AND TO RENDER WRITTEN FINDINGS AND RULINGS, AS MAY BE REFERRED TO HIM BY THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL MASTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON AN AS -NEEDED CONTRACT BASIS, FOR THE REMAINDER OF FISCAL YEAR 2007-2008, IN A TOTAL ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $8,000; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $8,000, FROM ACCOUNT CODE NO. 00001.980000.531000.0000.00000, FOR FISCAL YEAR 2007-2008, WITH FUTURE FISCAL YEAR FUNDING, SUBJECT ONLY TO BUDGETARY APPROVAL. 07-01417 Legislation.pdf 07-01417 Exhibitl .pdf 07-01417 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0680 CA.10 07-01418 RESOLUTION Department of Public Facilities A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRSPACE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE DEPARTMENT OF PUBLIC WORKS' USE AND OCCUPANCY OF THE PROPERTY LOCATED UNDER 1-95 AT NORTHWEST 72ND STREET MIAMI, FLORIDA, FOR A TERM OF THREE (3) YEARS, WITH AN OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR TERM, COMMENCING UPON APPROVAL BY FDOT'S DISTRICT SECRETARY, WITH NO RENT BEING CHARGED TO THE CITY OF MIAMI, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 07-01418 Legislation.pdf 07-01418 Exhibitl .pdf 07-01418 Exhibit2.pdf 07-01418 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0681 CA.11 07-01429 RESOLUTION City ofMiami Page 14 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED NOVEMBER 7, 2007, PURSUANT TO INVITATION FOR BIDS NO. 63027, FROM ARAMARK CORPORATION, FOR THE PROVISION OF COFFEE SUPPLIES AND SERVICES CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED. 07-01429 Legislation.pdf 07-01429 Summary Form.pdf 07-01429 Tabulation for bids.pdf 07-01429 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0682 CA.12 07-01430 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Parks and RECEIVED SEPTEMBER 24, 2007, PURSUANT TO INVITATION FOR BIDS Recreation NO. 32088, FROM CENTURY INDUSTRIES, LLC, FOR THE PURCHASE OF MOBILE STAGE AND BLEACHERS, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $135,767; ALLOCATING FUNDS FROM SPECIAL REVENUE, ACCOUNT CODE NO. 15500.291001.664000. 07-01430 Legislation.pdf 07-01430 Summary Form.pdf 07-01430 Award recommendation.pdf 07-01430 Bid Tabulation.pdf 07-01430 Invitation for bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0683 CA.13 07-01414 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 WILLIAM ROGERS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $87,500, 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, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS City ofMiami Page 15 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-01414 Legislation.pdf 07-01414 Cover Memo.pdf 07-01414 Memol.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.14 07-01415 Office of the City Attorney R-07-0684 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MARTHA M. WANDER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $70,774.25, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-01415 Legislation.pdf 07-01415 Cover Memo.pdf 07-01415 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.15 07-01353 City Manager's Office R-07-0685 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE AMOUNT OF $295, AS FULL AND FINAL PAYMENT TO SATISFY THE FINAL JUDGMENT OBTAINED IN THE CASE OF THE CITY OF MIAMI VS. BETTY BATTLE IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 88-54813 CA 09 IN THE AMOUNT OF $3,010.75 (INCLUSIVE OF INTEREST AS OF JULY 8, 2007); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY FOR SAID PURPOSE. 07-01353 Legislation.pdf 07-01353 Summary Form.pdf City ofMiami Page 16 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.16 07-01431 Office of Grants Administration R-07-0686 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED $37,625, CONSISTING OF A GRANT AWARD FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-01431 Legislation.pdf 07-01431 Exhibitl.pdf 07-01431 Exhibit2.pdf 07-01431 Exhibit3.pdf 07-01431 Exhibit4.pdf 07-01431 Exhibit5.pdf 07-01431 Exhibit6.pdf 07-01431 Exhibit7.pdf 07-01431 Exhibit8.pdf 07-01431 Exhibit9.pdf 07-01431 Summary Form.pdf 07-01431 Pre-Attachment.pdf 07-01431 Text Report.pdf 07-01431 Budget Impact Analysis.pdf 07-01431 Detail Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.17 07-01432 Office of Grants Administration R-07-0687 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000, CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, FOR POOL RENOVATIONS AT MORNINGSIDE PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $528, 408, CONSISTING OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $200,000, AND $328,408, FOR THE PROJECT, FROM CAPITAL IMPROVEMENT PROJECT B# 30585, ENTITLED "MORNINGSIDE PARK POOL IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS FOR THE ADMINISTRATION City ofMiami Page 17 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 AND IMPLEMENTATION OF SAID GRANT AWARD. 07-01432 Legislation.pdf 07-01432 Exhibitl .pdf 07-01432 Exhibit2.pdf 07-01432 Exhibit3.pdf 07-01432 Summary Form.pdf 07-01432 Pre Attachment.pdf 07-01432 Pre- Legislation.pdf 07-01432 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0688 CA.18 07-01472 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION, IN THE AMOUNT OF $15,000, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE TO HOST THE 2007 MIAMI-DADE CHIEFS OF POLICE GENERAL MEMBERSHIP MEETING HELD DECEMBER 12, 2007, IN MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191501.882000.0000. 07-01472 Legislation.pdf 07-01472 Summary Form.pdf 07-01472Attach me nt. pdf 07-01472 Web Page.pdf 07-01472 Charter and By Laws.pdf 07-01472-Submittal-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.19 07-01468 Honorable Mayor Manny Diaz R-07-0689 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $67,000, FROM MIAMI DADE COLLEGE FOUNDATION, INC., CONSISTING OF A GRANT AWARDED BY MICROSOFT'S UNLIMITED POTENTIAL -COMMUNITY TECHNOLOGY SKILLS PROGRAM, TO PROVIDE SERVICES FOR THE "ELEVATE MIAMI-UNLIMITED POTENTIAL" INITIATIVE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-01468 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 18 Printed on 1/7/2008 CA.20 07-01489 Department of Parks and Recreation City Commission Meeting Minutes December 13, 2007 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0690 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT ("PSA"), WITH CHARLIE DELUCCA, FOR THE PURPOSE OF MANAGING THE OPERATIONS OF THE MELREESE GOLF COURSE; EXTENDING THE EXPIRATION DATE OF THE PSA FROM DECEMBER 31, 2007 TO SEPTEMBER 30, 2008, UNDER THE SAME TERMS AND CONDITIONS OF THE PSA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01489 Legislation.pdf 07-01489 Exhibit .pdf 07-01489 Exhibit 2.pdf 07-01489 Exhibit 3.pdf 07-01489 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0691 Adopted the Consent Agenda Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF CONSENT AGENDA Chair Sanchez: All right, consent agenda. How do you want to handle this? Any of the Commissioners want to pull any of the items for discussion, Commissioner Regalado, Commissioner Sarnoff, Commissioner Gonzalez? No discussion on the consent agenda, so therefore, is there a motion to approve -- Commissioner Sarnoff So move. Chair Sanchez: -- the entire consent agenda? Commissioner Regalado: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Regalado pertaining to the consent agendas [sic]. Vice Chair, before we vote on the issue, I see you going through the book. You're okay with the consent agenda? Vice Chair Spence -Jones: Yes. City ofMiami Page 19 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the consent agenda has been adopted. City ofMiami Page 20 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 SPECIALLY SCHEDULED ITEM SS.1 07-01389 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Clerk ATTACHMENT(S), ACCEPTING THE ATTACHED CITY CLERK'S OFFICIAL 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. 07-01389 memo.pdf 07-01389 Certification and Declaration Results.pdf 07-01389 Official Certification.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0692 Chair Sanchez: All right, lets go ahead and take one more item, and I do apologize. I'm going back and forth, but the City Clerk advises me that we have to certify the November 6, '07 elections for District 1, 2, and 4. Is there a motion? Commissioner Sarnoff So move. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. Any discussion on the item? Doesn't require a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, so that takes care of that. City ofMiami Page 21 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PUBLIC HEARINGS PH.1 07-01398 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 (A) (1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF ELEVATOR MAINTENANCE AND REPAIRS AT THE MIAMI RIVERSIDE CENTER ("MRC") ADMINISTRATIVE BUILDING/GARAGE, FROM SCHINDLER ELEVATOR CORPORATION, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PREVENTIVE MAINTENANCE/SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ANOTHER FIVE (5) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,000, FOR THE FIRST YEAR, WITH A PRICE ADJUSTABLE CLAUSE OF NOT MORE THAN 5% FOR THE SUBSEQUENT YEARS; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MRC DIVISION, ACCOUNT CODE NO. 05001.243000.546000.0000.00000. 07-01398 Legislation.pdf 07-01398 Exhibitl .pdf 07-01398 Exhibit2.pdf 07-01398 Summary Form.pdf 07-01398 Memol.pdf 07-01398 Memo2.pdf 07-01398 Memo3.pdf 07-01398 Notice of Public Hearing.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0711 Chair Sanchez: All right, let's -- if we're ready with the Administration -- Pedro G. Hernandez (City Manager): Mr. Chair -- Chair Sanchez: -- let's -- Mr. Hernandez: -- if -- I'm waiting for the Mayor and also for the County Manager to come back into the chambers so we can do the global item. In the meantime, you could go to PH.1. Chair Sanchez: No. PH.1 was prop -- is it more -- is it after 10? Vice Chair Spence -Jones: Yes. Chair Sanchez: Oh, yeah. All right, let's go to PH (Public Hearing) -- let's try -- the whole thing City ofMiami Page 22 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 is to try to get through some of these issues because, once again, as I stated -- PH -- Mr. City Manager. Mr. Hernandez: PH.1. Chair Sanchez: Let's go through PH 1. PH 1, public hearing. All right, PH 1 is a public hearing, and that is from the Department of Purchasing. Once again, I want to make sure that this meeting was properly advertised, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct, sir. Chair Sanchez: All right. You're recognized for the record. Glenn Marcos: Good morning. Glenn Marcos, Purchasing director. PH 1 is an item that is a sole source for the procurement of elevator maintenance and repairs at the MRC (Miami Riverside Center) building from Schindler Elevator Corporation. This is a public hearing, like you mentioned, Mr. Chairperson, and it does require a four fifth vote. Chair Sanchez: All right, this item requires a four fifth vote, affirmative vote. Need a motion and a second before we open it up to the public. Is there a motion? Commissioner Regalado: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner [sic] Spence -Jones. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back for a final vote. All right. Any discussion on the item? Hearing none, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. PH.2 07-01301 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF REPAIR SERVICES FOR THE FIRE -RESCUE 3 VEHICLE, FROM MEDTEC AMBULANCE CORPORATION (THE MANUFACTURER) AND/OR TEN-8 FIRE EQUIPMENT, INC., MEDTEC'S SOLE AUTHORIZED REPRESENTATIVE AND DISTRIBUTOR FOR THE STATE OF FLORIDA, IN A TOTAL AMOUNT NOT EXCEED $121,505; ALLOCATING FUNDS FROM ACCOUNT CODE NO. P-18-109001, T-01.01, A-1017, E-EQUIPMENT, 0-184010. City ofMiami Page 23 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 07-01301 Legislation.pdf 07-01301 Summary Form.pdf 07-01301 Memo.pdf 07-01301 Memo 2.pdf 07-01301 Memo 3.pdf 07-01301 Notice of Public Hearing.pdf 07-01301 Web.pdf 07-01301 Letter.pdf 07-01301 Letter 2.pdf 07-01301 Proposal.pdf 07-01301 Option Numbers.pdf 07-01301 Findings.pdf 07-01301 Proposal 2.pdf 07-01301 Letter 3.pdf 07-01301 Proposal 3.pdf 07-01301 Memo 4.pdf 07-01301 Memo 5.pdf 07-01301 Damage Report.pdf 07-01301 Map.pdf 07-01301 Crash Report.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0712 Chair Sanchez: We go to PH.2. PH.2 comes from the Department of Fire and Rescue. Chief you're recognized. Good morning. Fire Chief WilliamW. Bryson (City ofMiami): Thank you. William Bryson, Fire chief. This is a truck that was severely damaged, but it was a brand-new truck; will be repaired. We'll end up with an extended warranty that starts anew for five years. It is expensive, but it was involved with an accident that took the whole back of the truck off. It'll be like a brand-new truck when we get it. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So move. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff second by Commissioner [sic] Spence Jones. Once again, before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back for a vote. It's a resolution. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, the item passes. City ofMiami Page 24 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PH.3 07-01399 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Public Works RESOLUTION NO. 07-0349, ADOPTED JUNE 14, 2007, WHICH ACCEPTED THE PLAT ENTITLED "OASIS ON BISCAYNE BAY," A REPLAT IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO RELEASE THE LETTER OF CREDIT, IN THE AMOUNT OF $86,630, POSTED FOR THE SUBDIVISION IMPROVEMENTS AT OASIS ON BISCAYNE BAY. 07-01399 Legislation.pdf 07-01399 Summary Form.pdf 07-01399 Memo.pdf 07-01399 Notice of Public Hearing.pdf 07-01399 Memo2.pdf 07-01399 Pre -LEGISLATION .pdf 07-01399 Attachment) .pdf 07-01399 Exhibit A.pdf 07-01399 Master Report.pdf 07-01399 Mapl .pdf 07-01399 Map2.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-07-0713 Chair Sanchez: PH.3, Department of Public Works. All right, Mr. City Manager, can we have the departments ready so we don't wait for them -- Pedro G. Hernandez (City Manager): Yes. Commissioner Sarnoff -- because time is not on our side today? All right, ma'am, you're recognized for the record. Good morning. Julianne Diaz: Good morning. Julianne Diaz, Public Works Department. PH.3 is a resolution rescinding the accepted proposed plat of Oasis on the Bay. Vice Chairman Sanchez: All right. This is also a resolution. Is there a motion? Commissioner Sarnoff So move. Vice Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Sarnoff second by Commissioner Regalado. Iris Escarra: IfI may? Vice Chairman Sanchez: You're recognized for the record. Ms. Escarra: My name is Iris Escarra, offices at 1221 Brickell Avenue, on behalf of River Bait and Tackle. We're asking for a 30-day extension in order to get the plat recorded. Unfortunately, we were right -- we were literally two days passed the 120-mark at the County to City ofMiami Page 25 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 get the plat recorded, but unfortunately, the City ofMiami Code has a very strict guideline, and we had to request for it to be rescinded and then in order to get our extension to be able to finalize and record the plat. Commissioner Sarnoff What did you do in the first 117 days to record that plat? Ms. Escarra: The first 117 days? Vice Chairman Sanchez: Four months. Ms. Escarra: Well, it took four months. It took about approximately a month for the plat to get to the County, and then the County does their review process, goes through their approvals; and we're -- actually, all we did was respond to inquiries that they had, and that back and forth took the four months, unfortunately. Commissioner Sarnoff So you say -- would you tell us that you were proactive -- Ms. Escarra: Yes -- Commissioner Sarnoff -- in getting this done? Ms. Escarra: -- and I met several times myself with George Ubieta, which is the Public Works director at the County, to address -- to make sure that we didn't get to this time, unfortunately, because we don't like to have to rescind and get an extension, but unfortunately, it took longer than we anticipated. Vice Chairman Sanchez: All right. If we grant that, do we need to pass this resolution? Ms. Diaz: We will have -- Jorge L. Fernandez (City Attorney): Well -- Ms. Diaz: -- to reapprove it. Vice Chairman Sanchez: Mr. City Attorney. Mr. Fernandez: No. Your -- the resolution in front of you is to rescind, but you're hearing, in essence, what becomes an appeal to you not to pass this resolution, but asking you to pass another one granting a 30-day extension, which would then draft that resolution for purposes of the City Clerk if the Commission passes that one. Vice Chairman Sanchez: Okay. All right. Anyone else wishing to speak from the public? Elvis, good morning. Elvis Cruz: Good morning. Good morning, Commissioners. Elvis Cruz, 631 Northeast 57 Street. I'm here to urge you to pass this resolution and rescind this plat for a number of legal reasons. Number one, the closing of this street offers no public purpose, other than a giveway to a developer. No public purpose whatsoever. This would enable an out -of -scale project that will harm the area. Furthermore, it is in conflict with your comprehensive plan, specifically Goal L U-1, to maintain a land use pattern that protects and enhances the quality of life in the City's residential neighborhoods. Additionally, L U-1.1.3, the City's zoning ordinance provides for protection of all areas of the City from the encroachment of incompatible land uses, and very importantly, HO-1.1.5, the City will continue to enforce, and where necessary, strengthen those sections of the land development regulations that are intended to preserve and enhance the general appearance and character of the City's neighborhoods. I saved the best for last, 117 -- City ofMiami Page 26 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 HO-1.1.7. The City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood. I urge you to please protect Miami's neighborhoods. Please, pass this resolution and rescind this plat. Thank you. Vice Chairman Sanchez: All right. Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: Anyone else from public wishing to address this item? Mr. Cruz: Yes. We do have some members from the public. Mr. Jean Longchamps. Vice Chairman Sanchez: Okay. Good morning, sir. Jean Longchamps: Good morning. My name is Jean Longchamps, Jean Longchamps, president. Priscilla A. Thompson (City Clerk): I'm sorry. I didn't hear that, sir. Vice Chairman Sanchez: Name and address for the record. Mr. Longchamp: Jean Longchamps, Jean Longchamps. I'd prefer my address not be listed. Under the Florida Statutes, I used to be a building inspector. My address is not listed. Vice Chairman Sanchez: Okay. Mr. Longchamps: From the information I'm getting from the homeowners association in our neighborhood, Shorecrest Homeowners Association, we strongly oppose this project. We've been sending e-mails (electronic) to Commissioner Sarnoff, e-mails amongst ourselves. The previous Administration was voted out of office based on the push from the previous board as to moving projects for the developers and not looking forward to -- not looking towards the interest of the homeowners as a whole. I've been riding my bicycle through this neighborhood since 1988, and I used to ride in front of this -- in front of Bayshore Drive, and we feel it's going to be a hindrance on our block. There is e-mails going back and forth to the police department of traffic -- current traffic going through 81 st Sfreet, and it hasn't been resolved; and it will pose a problem in our neighborhood. Vice Chairman Sanchez: All right. Anyone else wishing to address this item? Brian Scott: Good morning. My name is Brian Scott. My address is 1100 Northeast 87th Sfreet. Vice Chairman Sanchez: Good morning. Mr. Scott: I am a board member of Shorecrest Association as well, and I also oppose this project. I believe that it is out of scale for the neighborhood in which it's intended for. The giveaway of that street to offer up parkland in another area is not a good trade off we don't believe. I believe that the Council has been misled to believe that Shorecrest and its homeowners there are in favor of this project, and we're not, primarily because of the out -of -scale size of it, and also for the exfra burden that the neighboring streets will be carrying due to this project; and I believe that's all I have to say about it. Vice Chairman Sanchez: Thank you. Mr. Scott: Okay. Thank you. City ofMiami Page 27 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chairman Sanchez: Good morning. All right. Anyone else from the public? The public hearing is closed. It comes back to the Commission. Mr. Fernandez: Mr. Chairman. Vice Chair Sanchez: Mr. City Attorney, you're recognized for the record. Mr. Fernandez: Yes. The scope of what's in front of you today is either to rescind or grant an extension. It's not the original application for the plat. Any testimony with regard to that which was considered over 120 days ago is not material or relevant. You know, it's on the record; it's a proffer, butt need to guide your attention to only consider whether, in your minds, the applicant is justified in asking for an extension or whether you want to go with a department administration -- Administration of the City that's asking for it to be rescinded, and that's where you should focus your decision, not necessarily on the testimony that has been proffered. Vice Chairman Sanchez: All right. Commissioner Sarnoff. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may? Reference some of the concerns expressed by the citizens here today, they referred to an item that has been before you as a Planning and Zoning item and already approved by the City Commission. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff Let's just call the question. Chair Sanchez: Okay. All right. What --? Public hearing is closed. Is there a motion? Mr. Fernandez: But -- Commissioner Sarnoff There is a motion that was seconded, I think, to rescind. Am I right, Madam Clerk? Ms. Thompson: That is correct. Chair Sanchez: All right. There's a motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Anyone in opposition, having the same right, say "nay." It passes. All right. Ms. Escarra: I'm sorry. IfI may, there was also a request for an extension of time to be able to grant us 30 days in order to be able to record the plat. Unfortunately, the City's procedure, I can only request a recision to get my extension and that's why the recision was actually requested from the City ofMiami Public Works Department, because the Code doesn't provide me any other remedy -- Chair Sanchez: All right. Ms. Escarra: -- so if you would entertain a motion for an extension of time for the 30 days, it would be greatly appreciated in order so we can record our plat. Chair Sanchez: Is there a motion? All right, there is no motion. City ofMiami Page 28 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PH.4 07-01400 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1494 NORTHWEST 58 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO AJ ROBERTS, A SINGLE MAN, FOR THE PURCHASE PRICE OF SEVEN THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS ($7,285); AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 07-01400 Legislation.pdf 07-01400 Exhibitl .pdf 07-01400 Exhibit2.pdf 07-01400 Summary Form.pdf 07-01400 Notice of Public Hearing.pdf 07-01400 Memo.pdf CONTINUED Item PH.4 was continued to the Commission meeting currently scheduled for January 10, 2008. Chair Sanchez: We move on. PH.4. PH.4 is the Department of Public Facility. Jorge L. Fernandez (City Attorney): Mr. Chair -- Mr. Chairman, I believe -- Pedro G. Hernandez (City Manager): Those items, 4, 5, 6 and 7, were already -- Chair Sanchez: I -- Mr. Hernandez: -- continued, so we go to PH.8. Chair Sanchez: -- apologize. They were continued. Okay. PH.5 07-01433 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS GRAPELAND PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH City ofMiami Page 29 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 07-01433 Legislation.pdf 07-01433 Exhibitl .pdf 07-01433 Exhibit2.pdf 07-01433 Exhibit3.pdf 07-01433 Exhibit4.pdf 07-01433 Exhibit5.pdf 07-01433 Summary Form.pdf 07-01433 Memo.pdf 07-01433 Notice of Public Hearing.pdf CONTINUED Item PH.5 was continued to the Commission meeting currently scheduled for January 10, 2008. PH.6 07-01434 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0028, ADOPTED JANUARY 11, 2007; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, OF: (1) PERPETUAL, NON-EXCLUSIVE EASEMENT ON A FIVE (5) FOOT WIDE BY APPROXIMATELY TWO HUNDRED FIFTY-THREE (253) FOOT LONG STRIP OF CITY -OWNED PROPERTY LOCATED AT 6421 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AND (2) A PERPETUAL, NON-EXCLUSIVE EASEMENT ON A FIVE (5) FOOT WIDE BY APPROXIMATELY FOUR HUNDRED FIFTY-ONE (451) FOOT LONG STRIP OF CITY -OWNED PROPERTY LOCATED AT 6301-05 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 07-01434 Legislation.pdf 07-01434 Exhibitl .pdf 07-01434 Exhibit2.pdf 07-01434 Exhibit3.pdf 07-01434 Exhibit4.pdf 07-01434 Exhibit5.pdf 07-01434 Summary Form.pdf 07-01434 Memo.pdf 07-01434 Notice of Public Hearing.pdf CONTINUED Item PH.6 was continued to the Commission meeting currently scheduled for January 10, 2008. PH.7 07-01435 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 2201 NORTHWEST 11 STREET, MIAMI, FLORIDA, (ALSO KNOWN AS FERN ISLE PARK), AS MORE PARTICULARLY City ofMiami Page 30 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 10:30 AM PH.8 07-01146 Department of Community Development DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 07-01435 Legislation.pdf 07-01435 Exhibitl .pdf 07-01435 Exhibit2.pdf 07-01435 Exhibit 3.pdf 07-01435 Summary Form.pdf 07-01435 Memo.pdf 07-01435 Notice of Public Hearing.pdf CONTINUED Item PH.7 was continued to the Commission meeting currently scheduled for January 10, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TO RERG DEVELOPMENT, LLC. : (1) AN EXTENSION OF TIME, UNTIL FEBRUARY 1, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1275 NORTHWEST 58TH STREET, 1283 NORTHWEST 58TH TERRACE, 1288 NORTHWEST 58TH TERRACE, 1280 NORTHWEST 59TH STREET, AND 1290 NORTHWEST 59TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF FIVE (5) SINGLE FAMILY HOMES, AND (2) AN EXTENSION OF TIME, UNTIL JULY 1, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1240 NORTHWEST 59TH STREET, AND 1241 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "B," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF TWELVE (12) TOWNHOMES; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO CONVEYANCE OF TITLE TO SAID PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. City ofMiami Page 31 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 07-01146 Legislation.pdf 07-01146 Exhibitl .pdf 07-01146 Exhibit2.pdf 07-01146 Summary From.pdf 07-01146 Resolution Certified Copy.pdf 07-01146 Attachement A.pdf 07-01146 Letter.pdf 07-01146 Construction of Phase.pdf 07-01146 Housing Certification.pdf 07-01146 Housing Certification2.pdf 07-01146 Housing Certification3.pdf 07-01146 Housing Certification4.pdf 07-01146 Map.pdf 07-01146 Quit Claim Deed.pdf 07-01146 Map2.pdf 07-01146 Quit Claim Deed2.pdf 07-01146 Map3.pdf 07-01146 Quit Claim Deed3.pdf 07-01146 Quit Claim Deed4.pdf 07-01146 Map4.pdf 07-01146 Quit Claim Deed5.pdf 07-01146 Map5.pdf 07-01146 Quit Claim Deed6.pdf 07-01146 Map6pdf.pdf 07-01146 Quit Claim Deed7.pdf 07-01146 Developers Experience.pdf 07-01146 Projects.pdf 07-01146 Executive Office Building.pdf 07-01146 Letter2.pdf 07-01146 Resume.pdf 07-01146 Quit Claim Deed8.pdf 07-01146 Letter3.pdf 07-01146 Letter4.pdf 07-01146 Letter5.pdf 07-01146 Proof of Costs.pdf 07-01146 Checks Paid.pdf 07-01146 Proposal.pdf 07-01146 I nvoices. pdf 07-01146 Receipt.pdf 07-01146 I nvo ice2. pdf 07-01146 Receipt2.pdf 07-01146 I nvo ice3. pdf 07-01146 Permit.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0696 Chair Sanchez: All right, PH.8. PH.8 is the Department of Community Development, and it's properly advertised for after 10:30. It is 10:30, so we can proceed. Do we -- City ofMiami Page 32 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Priscilla A. Thompson (City Clerk): Chair -- Chair Sanchez: -- have the translator? Ms. Thompson: No. That's what wanted to let you know. Unfortunately, we do not have the sign language interpreters. We did want to put that in the record. We did advise our director of Community Development, and he said that would not be a problem. Chair Sanchez: All right, so Madam Clerk, not having the translator is not a problem? Ms. Thompson: That's what he -- we've confirmed with him. Chair Sanchez: All right. Well, then -- Ms. Thompson: Thank you. Chair Sanchez: -- we -- based on your advice, we'll proceed with PH.8, which is a resolution. George Mensah: All right. George Mensah, assistant director, Community Development. PH.8 is an item granting to Rerg Development an extension of time until February 1, 2008, to commence construction on properties located at 1275 Northwest 58th Sfreet, 1283 Northwest 58th Terrace, 1288 Northwest 58th Terrace, 1280 Northwest 59th Sfreet, and 1290 Northwest 59th Street, Miami, Florida, and also an extension of time until July 1, 2008, to commence construction on the properties located at 1240 Northwest 59th Sfreet and 1240 Northwest 58th Sfreet, Miami, Florida, for the construction of 12 townhomes. Vice Chair Spence -Jones: Before we begin to address this extension, I just want to have Community Development Department at least kind of express what the flaw was. I know -- as you know, this is a part of the whole Liberty City Trust projects. As you know, in the last year we've got more than 12 homes that have come out of the ground, and the Trust is really moving forward, and of course, two multifamilies that either they have been rehabbed already or are in the process. The Liberty City Task Force, we put a task force together to expedite some of the permits, which is one of the biggest issues, and also, I believe, there were some others issues that created the -- this extension. If you can explain what that was, that would be helpful. Mr. Mensah: Yes. Mr. Chair, the -- Community Development has a policy of expediting permits. This developer was provided six months to get the permits together and start construction. Unfortunately, at the time when the developer came to Community Development to assist in expediting the permits, the previous director indicated that since we -- Community Development does not have any funding in the construction, that we're not going to assist the developer, so this permit application stayed in Community Development for approximately four to six weeks before the developer was able to get access to the plans and to be able to submit for permitting, so some of the delays was caused by the Department as well as the intricacies in getting permitting in the City ofMiami, so that is why they were not able to start construction in July as expected. Vice Chair Spence -Jones: Okay. Mr. Mensah: In addition, the flaws that you mentioned are about as -- is our method of transferring properties. Community Development in the past few years been transferring properties for affordable housing through a quickclaim deed after Commission approval. Now, the deeds include a reverter provision, which allow the City to take ownership of these properties under default, when the developer defaults on any of the deed restrictions. However, when a deed is transferred to a developer, the developer has all the rights to the property, and therefore, these -- such rights include a right to be able to mortgage the property. If, for any reason, the City ofMiami Page 33 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 construction does not start, the property reverts back to the City, but with a mortgage and any other encumbrances and liens the developer might have allowed to be on the property. For this reason, we've decided to do the following. That from hence, no property will be transferred to a developer with a direct quickclaim deed. Instead, we will transfer the property through a purchase and sale agreement. The purchase and sale agreement to have certain provisions. One, the developer will have to provide an approved budget, which will be approved by the Department; they have to let us know what the sale price will be, and they have to prove to us that the sale price to be affordable to a buyer who makes 80 percent of median income; two, the developer has to prove that he has a firm commitment from a lending institution in the amount necessary to construct the property; and three, the developer has to prove that all permits are in place. The property will not be transferred unless these three conditions are met. In addition, the closing of the property will happen at the same time as the closing of the first mortgage, so that at that same time, we know that we have first mortgage on the property, we approve the first mortgage; and then the developer can go forward. The deed, evidence in the transfer, will also include our usual affordable housing restrictions, and in addition, it will also include a restriction stating that no additional mortgage will be placed on the property without the approval of the City ofMiami and such restriction will terminate at the point when the property changes hands to the buyer, so these are the new policies we put in place to make sure this doesn't happen again. Vice Chair Spence -Jones: All right. I just wanted to also make clear -- I don't know ifMr. David Wilson is here. Mr. Wilson is here, right. I just want to make -- just make it very clear that this flaw was not really discovered by the developer. It wasn't caused by the developer. This was something that should have taken place or been handled through the Department, correct? Mr. Mensah: That's correct. Vice Chair Spence -Jones: I just want to make sure that he, in no way, has abused or so-called exploited any system or anything of that sort, because I know Mr. Wilson to be a very respectable CPA (Certified Public Accountant) in the African American community and has done a lot of wonderful things and already has houses already built in the area, so I just wanted to make sure we put that on the record because it's really important for that to be stated, so on -- I don't know if there's any questions, but I'd like to move this item. Chair Sanchez: All right, there's a motion. Is there a second? Commissioner Gonzalez: Second. Commissioner Sarnoff Second. Chair Sanchez: All right, there's a second. The item is open for discussion. Before we do that, is there anyone from the public that wishes to address this item, please step forward and be recognized, as we open up the public hearing? Seeing no one, hearing no one, the public hearing is closed, and it comes back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Just -- I want to make -- understand -- and I want to make sure that heard you correctly. That is, from this day forward you will put new policy and procedures in place such that when a person is considered to be given free property from the City ofMiami, that they will attend a simultaneous closing with the mortgage holder that they're going to get their developer loan for, and that any practices in the past of demonstrating that they purchased the property would be done away with because they didn't purchase the property? Mr. Mensah: That's correct. City ofMiami Page 34 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PH.9 07-01439 Department of Community Development Commissioner Sarnoff So that they won't show any kind of basis in the property because you didn't charge them any money -- Mensah: That's correct. Commissioner Sarnoff -- so from this day forward we can now look to Community Development to safeguard this Commission, and more importantly, the citizens ofMiami so that developers that go about to their mortgage companies, you will actually be in attendance to the -- for the developer loans? Mr. Mensah: That's correct. Commissioner Sarnoff And you will be demonstrating and protecting the City ofMiami's citizens when you transfer property out of their names into a developer's name to fry to ensure that the loan goes to pay for the actual construction of the property? Mr. Mensah: That's correct. Chair Sanchez: All right. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE EXTENSION AND ROLLOVER OF ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, THAT WERE NOT COMPLETED DURING FISCAL YEAR 2006-2007, ENDING SEPTEMBER 30, 2007, TO THE CURRENT FISCAL YEAR 2007-2008, ENDING SEPTEMBER 30, 2008; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, TO AMEND THE EXISTING AGREEMENTS WITH SAID AGENCIES, FOR SAID PURPOSE. 07-01439 Legislation.pdf 07-01439 Exhibit.pdf 07-01439 Exhibit 2.pdf 07-01439 Exhibit 3.pdf 07-01439 Exhibit 4.pdf 07-01439 Exhibit 5.pdf 07-01439 Exhibit 6.pdf 07-01439 Exhibit 7.pdf 07-01439 Summary Form.pdf 07-01439 Agreement.pdf 07-01439 Amendment.pdf 07-01439 Agreement 2.pdf 07-01439 Amendment 2.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 35 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0695 Chair Sanchez: All right, let's go to RE.1. Let's go ahead and start with RE.1 and work our way. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, we still have some PHs (Public Hearings). Vice Chair Spence -Jones: PH9. Pedro G. Hernandez (City Manager): 12 and 13. Chair Sanchez: Okay, sorry. Ms. Thompson: 9. Mr. Hernandez: 9. Vice Chair Spence -Jones: PH9. Ms. Thompson: 9. Commissioner Gonzalez: We did 8, right? Ms. Thompson: Correct. Mr. Hernandez: Yes. Chair Sanchez: All right. Let's fry to -- all right. Vice Chair Spence -Jones: And Mr. Chairman, while you're going through -- we're getting ready to go number 9, I would really like to request a small break, you know, so that -- because this global thing is -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- global -- Chair Sanchez: Well, we'll address it. Vice Chair Spence -Jones: -- and I want to take a few minutes to go in my office -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- to really digest this global thing. Commissioner Gonzalez: It's very global. Vice Chair Spence -Jones: It's global. Commissioner Gonzalez: Global, global -- Chair Sanchez: Okay. Commissioner Gonzalez: -- global. City ofMiami Page 36 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PH.10 07-01445 Department of Community Development Chair Sanchez: All right, let's focus on the agenda. PH.9. Alfredo Duran: Good morning. Alfredo Duran, assistant director with the Department of Community Development. PH.9 is a resolution authorizing the Department to enter into extension agreements with six ongoing CDBG (Community Development Block Grant) funded projects that were unable to complete during the '06/'07 year and need additional time to move forward. The six projects are identified in ExhibitA of your attachments. Chair Sanchez: All right. Vice Chair Spence -Jones: Can you please repeat them for the record for me, though? Chair Sanchez: Can you just put them in the record? Vice Chair Spence -Jones: Please. Mr. Duran: Sure, I will. Yes. We have City ofMiami, Department of Off -Street Parking, McDonald's Tower Theater parking lot in District 3, City ofMiami Department of Off -Street Parking Model City parking lots in District 5; Miami Bethany Community Service, Inc. It's a redevelop -- it's the rehabilitation of a day care center. The Association for the Development of the Exceptional is the construction of a kitchen inside of a nonprofit. Tarpun Bay is the development of a restaurant in District 5, and the City ofMiami Department of Capital Improvement, the Northwest 20th Street street improvement project. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. Any discussion on the item? If not, need a motion and a second. Commissioner Sarnoff So move. Chair Sanchez: All right, there's a motion by Commissioner Sarnoff -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- second by Commissioner Spence -Jones. Before we open up the item for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Any discussion. If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. What remaining PH items? We're done with the PH? Mr. Duran: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $10,000, PREVIOUSLY ALLOCATED TO THE ALTERNATIVE PROGRAMS, INC., FOR THE RENOVATION OF A DAY CARE CENTER; ALLOCATING SAID FUNDS, TO THE ALTERNATIVE PROGRAMS, INC., FOR THE COMPLETION OF THE INSTALLATION OF THE ROOF AND WINDOWS AT THE FACILITY City ofMiami Page 37 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PH.11 07-01446 Department of Community Development LOCATED AT 151 NORTHWEST 60TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT(S) AND/OR AMENDMENT(S) TO THE EXISTING AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE ALTERNATIVE PROGRAMS, INC., FOR SAID PURPOSES. 07-01445 Legislation.pdf 07-01445 Exhibitl .pdf 07-01445 Exhibit2.pdf 07-01445 Exhibit3.pdf 07-01445 Exhibit4.pdf 07-01445 Exhibit5.pdf 07-01445 Exhibit6.pdf 07-01445 Exhibit7.pdf 07-01445 Exhibit8.pdf 07-01445 Exhibit9.pdf 07-01445 Summary Form.pdf 07-01445 Public Notice.pdf 07-01445 Pre Legislation.pdf 07-01445 Attachment A.pdf 07-01445 Agreement.pdf 07-01445 Pre Legislation2.pdf 07-01445 Exhibit A 1.pdf 07-01445 Amendment) .pdf 07-01445 Pre Legislation3.pdf 07-01445 Exhibit A 2.pdf 07-01445 Amendment2.pdf 07-01445 Pre Legislation4.pdf 07-01445 Exhibit A 3.pdf CONTINUED Item PH.10 was continued to the Commission meeting currently scheduled for January 10, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR AN EXCEPTION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") CONFLICT OF INTEREST PROVISIONS, TO ALLOW A CITY OF MIAMI EMPLOYEE TO PURCHASE A RALPH PLAZA II TOWNHOME, LOCATED AT 1680 NORTHWEST 39TH STREET, UNIT 1, MIAMI, FLORIDA, A PROPERTY/PROJECT FUNDED BY THE CITY OF MIAMI WITH HUD CDBG FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 38 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: 07-01446 Legislation.pdf 07-01446 Summary Form.pdf 07-01446 Ad.pdf 07-01446 Letter.pdf 07-01446 Letter 2.pdf 07-01446 Pre Legislation.pdf 07-01446 Memo.pdf 07-01446 Letter 3.pdf 07-01446 Code.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0694 Chair Sanchez: And which other item --? Commissioner Gonzalez: Would you take PH.11? Chair Sanchez: PH.11? All right, PH.11. Vice Chair Spence -Jones: Yes. Chair Sanchez: All right. PH.11 is a resolution, Department of Community Development. George Mensah (Assistant Director, Community Development): This -- Chair Sanchez: Sir, you're recognized for the record. Mr. Mensah: -- is a public hearing to disclose that a City employee, Ms. Olga Bello, is currently in contract to purchase a unit at Ralph Plaza II, a townhome development, located at 1680 Northwest 39th Sfreet, which received Community Development Block Grant funding from the Department of Community Development. The federal regulations at 24 CFR (Code of Federal Regulations) 570.611(c) states that the conflict of interest provisions apply to any person who is an employee of the recipient or any designated public agency. Specifically, in this case, HUD (Department of Housing and Urban Development) has determined that this employee was in a position to gain inside information, and therefore, a conflict exist. HUD has also determined that a City can submit a request to HUD to grant an exemption for the employee if the following treasury requirements are met: one, first, the City will have to make this matter public. Indeed, this is a public hearing, and this matter has been duly advertised; second, the City must present evidence to HUD that it has a policy in place for all City employees. Indeed, it is the policy of City ofMiami, as evidenced by Section 2-612 of the City Code and ordinance number 11908, that City ofMiami employees who are otherwise income -eligible be allowed to benefit from Community Development programs. In addition, it is also a policy of the Department of Community Development to request a conflict of interest exemption from HUD for all qualified City ofMiami employees taking advantage of funded programs administered by the Department. Additionally, the City Attorney has determined that a proposed transaction does not violate any state or local law. This is therefore a resolution of the Miami City Commission after a public hearing authorizing the City Manager to submit a request to the US Department of Housing and Urban Development for an exception to the Community Development grant CDBG (Community Development Block Grant) conflict of interest provisions and to allow a City ofMiami employee to purchase a Ralph Plaza II townhome, located at 1680 Northwest 39th Sfreet, Unit 1, Miami, Florida, a property or project funded by the City ofMiami with HUD CDBG funds; authorizing the City Manager to execute all necessary documents for said efforts. City ofMiami Page 39 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All right, so let me just get this straight. There are three steps we need to do here. There's three things we need to do here. Mr. Mensah: Yes. Chair Sanchez: One is for the Commission to pass this resolution, the second is for the City Attorney to sign a letter stating that he sees no conflict -- Mensah: Yes. Chair Sanchez: -- and the last one is for HUD to decide whether it accepts the waiver or not, correct? Mr. Mensah: To (UNINTELLIGIBLE), yes. Chair Sanchez: All right, so those are the only issues, okay. All right, is there a motion? Commissioner Sarnoff So move. Commissioner Gonzalez: I'll move it. Commissioner Regalado: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the item? Vice Chair Spence -Jones: There's no -- I just want to have a question. I don't have a issue at all with it. I just want to find out from you, does this also apply for any rental -base projects that are happening within? Mr. Mensah: Yes. Chair Sanchez: Any -- Vice Chair Spence -Jones: So -- because you know, I know -- for instance, in my disfrict, I have a very strong push to get as many City employees to come back to the City to either buy these houses that I have in the disfrict or at least to rent, so I just want to make sure -- so that means every person -- Mensah: Any City employee. Vice Chair Spence -Jones: Okay, so I got to ask this question. You know, why has -- why is --? I understand why it's coming up now, because we're being proactive about it, but this has been a program that the CD (Community Development) has been operating for almost two years now to drive employees, and -- Commissioner Gonzalez: More. Vice Chair Spence -Jones: -- some of the employ -- huh? Commissioner Gonzalez: More. Vice Chair Spence -Jones: More than that, so some employees have gotten some of these houses, have -- not just in my disfrict, but I'm sure in other parts of the City, so what happens to those City ofMiami Page 40 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 individuals that have already purchased the houses? Do they have --? Does that still have to come back in front of the City Commission? Hector Mirabile: Commissioner, Hector Mirabile, interim director of Community Development. The issue is is that HUD has identified individuals who fall under that category that you are now stating and in at least one of the cases has required us to fund back -- pay back HUD through general fund dollars. The other individuals in question, we're still looking into the matter to identify to see whether or not HUD is correct in that matter. As to -- what we're dealing with is we're dealing with a HUD rule regulations stipulated under federal law, so consequently, we're bound to it, and the -- it's very specific in nature. That is, individual in basis, or else we could have gotten a blanket, which is what, at first, we thought we could do, but it's very specific. It's individual in nature, so every time -- Vice Chair Spence -Jones: So are you going to --? I'm just asking the question because I'm trying to have a whole big campaign to draw people back to the neighborhoods, and some people can't afford to buy but they can afford to rent, or they'll fall within a category. I have about 2,000 units coming up in my district alone, you know, in the next year or so -- year and a half so, and I just want to be clear, you know. I don't want to have a situation where, you know, City employees -- so that means a list is provided to you and then you go through that list? Mr. Mirabile: That is correct. There -- what the employees will do is they will come to us -- Vice Chair Spence -Jones: Okay. Mr. Mirabile: -- and then we'll go ahead and certify their income level -- Vice Chair Spence -Jones: And screen them or whatever? Mr. Mirabile: They have to meet the income levels. That's -- Vice Chair Spence -Jones: Okay. Mr. Mirabile: -- stipulated under -- Vice Chair Spence -Jones: Yeah, right. I know. Mr. Mirabile: -- HUD rules. Vice Chair Spence -Jones: I know. Mr. Mirabile: Once they meet the stipulated levels and they are identified as employees of the City ofMiami, we will then forward a letter with all the names and the identification of what they do. It's very specific information that we have to provide -- Vice Chair Spence -Jones: Okay. Mr. Mirabile: -- HUD. They will then reply it -- Vice Chair Spence -Jones: That's from now on, though, right, Hector? Mr. Mirabile: Yes, ma'am. Vice Chair Spence -Jones: Okay, but what about all the people before then, before today? Are you going back to go through all your records to figure out those? City ofMiami Page 41 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Mirabile: Unfortunately, once it's identified under a HUD audit, we have to pay through general fund. Commissioner Gonzalez: I -- Mr. Mirabile: There's no expo facto. They're very clear on that. We asked that question. There is no expo facto premise for this. It is going -- Vice Chair Spence -Jones: Wow. Mr. Mirabile: -- forward only. Vice Chair Spence -Jones: All right, thank you. Thank you. Mr. Mirabile: Okay. Vice Chair Spence -Jones: Sorry, Mr. Chair. Chair Sanchez: All right. Any further discussion on the item? If none -- Commissioner Gonzalez: Yes. I would like to clear the record. This specific project only got funding from the federal government for 11 units, is that correct? Mr. Mirabile: That is correct. Commissioner Gonzalez: Only 11 units, and the project consists of 31 units. Vice Chair Spence -Jones: Yes. Mr. Mirabile: That is correct. Commissioner Gonzalez: And another thing that I want to clear on the record is that the employee is not receiving any help from federal funds. Mr. Mirabile: That is correct. Commissioner Gonzalez: That is correct. She's only getting whatever any other employee of the City ofMiami is getting, plus money from surtax, I believe, right? Mr. Mirabile: That is correct. Commissioner Gonzalez: The other thing is that the employee is a female; she's a minority; it's a single mother, you know, and I believe that, you know -- at one point we are saying that we want to help minorities, that we want to help single mothers; and then at the other end, we fry to put every possible obstacle to make sure that the minorities and the single mothers can't qualify to buy a home, so you know -- I mean, it's very difficult -- Vice Chair Spence -Jones: You know, I totally -- Commissioner Gonzalez: -- to understand -- Vice Chair Spence -Jones: -- agree with you. I just wanted to make sure -- Commissioner Gonzalez: -- the criteria of this US HUD, but you know -- City ofMiami Page 42 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All right. Commissioner Gonzalez: -- that's the way they function, so -- Chair Sanchez: Okay, no further discussion. There's a motion and a second on this resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Okay. If we're still not ready for the global presentation, we'll -- Pedro G. Hernandez (City Manager): Not yet, sir. Chair Sanchez: All right. Mr. Hernandez: Should be very soon, but not yet. PH.12 07-01490 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN WEST FLAGLER ASSOCIATES, LTD., AND THE CITY OF MIAMI, RELATING TO THE DEVELOPMENT OF A ±29 ACRE, MORE OR LESS, PARCEL OF LAND ZONED C-2, "LIBERAL COMMERCIAL," LOCATED ON THE SOUTHWESTERN INTERSECTION OF NORTHWEST 7TH STREET AND NORTHWEST 37TH AVENUE AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF THE DEVELOPMENT/REDEVELOPMENT OF A PARIMUTUEL FACILITY, WITH ASSOCIATED GAMING, AND OTHER PERMITTED COMMERCIAL USES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01490 Legislation.pdf 07-01490 Exhibitl .pdf 07-01490 Exhibit 2.pdf 07-01490 Summary Form.pdf 07-01490 Notice of Public Hearing.pdf 07-01490 Authorization to Advertise.pdf DISCUSSED Chair Sanchez: All right. Vice Chair Spence -Jones: PH.12. Chair Sanchez: Let's go to RE.1. Vice Chair Spence -Jones: PH.12. Go down. Priscilla A. Thompson (City Clerk): We have 12 and 13. Commissioner Gonzalez: We just did PH9, right? Chair Sanchez: All right. You want to do PH.12 and 13? All right, PH.12. City ofMiami Page 43 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Roger Hernstadt (Chief of Staffi: Commissioner, Roger Hernstadt, Assistant City Manager. This is a developmental agreement with the Flagler pari-mutuel. This agreement will provide revenue stream to the City ofMiami. I have taken, as requested by the City Commission, to see all of you and brief each of you on the contents of this agreement, and I believe this is a public hearing for input from the public. Chair Sanchez: Okay. Is there anyone from the public who wishes to address this item, PH 11 ? The public hearing is opened at this time. Ms. Thompson: PH 12. Jorge L. Fernandez (City Attorney): No. It's PH 12 and 13 -- Pedro G. Hernandez (City Manager): Right, PH 12. Mr. Fernandez: -- that are being opened at the same time. Chair Sanchez: I'm sorry. Ms. Thompson: Oh, they are? 12 and 13, anyone wishing to address PH 12 and 13? Mr. Hernandez: Mr. Chairman, just for information, it's important to note that this item will have to be heard by the City Commission twice; it requires two readings -- today -- Chair Sanchez: We got to -- Mr. Hernandez: -- and then January 10. Chair Sanchez: -- we're going to do it (UNINTELLIGIBLE). Vice Chair Spence -Jones: Yeah. Mr. Hernandez: Since it deals with development agreements, so it has to be heard by the City Commission twice. Just wanted to put that on the record. Chair Sanchez: I am aware of that. All right, anyone from the public wishing to address these two items, please step forward and be recognized. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Hold on. I mean, I got to open up the public hearing and close it, right? All right, closing the public hearing; coming back to the Commission. Mr. City Attorney. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, these two items, we have been working very closely with the Administration in reviewing the development agreements for the two facilities for the Miami Jai Alai and also for the Race Track, and there is a series of issues that we have identified that we will be negotiating during this first hearing that you're having and the second and final hearing. At which time we will make -- take a vote. Today there is no vote necessary. It's just an opportunity -- Chair Sanchez: Not today. Mr. Fernandez: -- for a public hearing because those are the requirements of the state statutes governing development agreement, and it's at this time not necessary to take a vote, as I said, City ofMiami Page 44 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 and with the assurances that we have gotten both from the proposers of these development agreement that we will be negotiating certain items that are of great concern to the City Attorney's Office; likewise to the Administration. Chair Sanchez: All right. Commissioner Spence -Jones. Vice Chair Spence -Jones: Yes. My only issue on this whole thing -- and I know I -- I'm just getting a briefing on this this week, which is the -- a big, big concern for me. You know, just trying to digest this, and I really appreciate you coming, Roger, to really explain it to me so that at least I have an understanding of what the issues are, but -- I mean, I think it's a bit much for me to -- I personally felt like I needed more time, but the only way that I would even agree to even support it today is knowing that -- Chair Sanchez: We're not voting on it today. Vice Chair Spence -Jones: I -- Chair Sanchez: There's no vote. Vice Chair Spence -Jones: Okay, but we have to pass it to the next reading, right? Chair Sanchez: There's no vote today. It's only a public hearing. Vice Chair Spence -Jones: So we don't have to have any comments at all on it, at all? Okay, but I can put my comments on the record? Okay, well, let -- okay. The only way I'm agreeing to hear this thing is if these particular items have been addressed in the agreement, and I'm -- I want to at least be able to share that -- share some of these things with the City Attorney and with the City Manager. I have a serious issue with getting this two days prior to the Commission meeting. I mean, it's a lot to address in a very short period of time. You know, it's just a lot, and I'm very concerned. I have, at least in my district alone -- can't speak for any other districts -- in my particular communities, there's a big concern about, you know, having gambling happening in the City, because a lot of my residents will be affected by it, and I think it's important for me to at least get a gauge of how my community is feeling about this issue before I move on anything. I mean, that's really what my feeling is on a lot of it, but some of the things that I discussed yesterday with Roger was I did not notice nothing in the agreement that referred to the commitment of employing minorities during the construction phases or during the operation. I didn't see a lot of the details that I thought were necessary for us to even support this moving ahead, so at this point -- I mean, if you're saying that we cannot vote on it -- we're not voting on the item today -- Mr. Hernandez: No, we're -- no, you're not. In essence -- Vice Chair Spence -Jones: -- but -- Mr. Hernandez: -- the -- Vice Chair Spence -Jones: -- can I say that I would prefer to defer this item until I feel comfortable for the next meeting? Mr. Hernandez: Well, this is a first reading, and we wanted to have it today to at least get the first reading done, then it'll come back on January 10, and the idea was to be able to have these agreements approved by the City Commission prior to the election ofJanuary 29 -- Vice Chair Spence -Jones: I -- City ofMiami Page 45 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Hernandez: -- and I think it's important that we have this done. Vice Chair Spence -Jones: -- and I do understand that the individuals for both items, 12 and 13, it's important for this to happen now, but I personally believe that this is going to have a major impact on my district. I really do. I mean, at the end of the day, when it's all said and done, you know, those dollars now -- that are now going to be going to my little, small restaurants and bars in the area are now going to be going over to these larger facilities, which mean -- it means, eventually, it's going to affect my district, so I'm saying to you, for me to get this two days prior to it and to be expected to just swallow it, I mean, I have -- Chair Sanchez: Well -- Mr. -- ifI just may add. It's a bit confusing here because you have them under resolutions. If you want to change them to ordinances, it's perfectly fine, but they're in this agenda as resolutions. PH 12 and PH 13's on the agenda that I have -- and I'm certain everybody's got to same agenda -- they're listed under "resolution." Now, if you want to change Mr. Fernandez: No, no, no. Chair Sanchez: -- a resolution to an ordinance, it's perfectly fine. Mr. Fernandez: No. These are resolutions. When they come to -- but the resolution will be passed not today because the statutory requirements for these type of agreements, which this City's not very familiar with these agreements. We haven't entered into many of these, but -- Commissioner Sarnoff Right. Mr. Fernandez: -- the protocol to follow is that you have to have two advertised public hearings. Chair Sanchez: Okay. Mr. Fernandez: This is the first one. Chair Sanchez: Perfect. I got to -- Mr. Fernandez: And they're resolutions. At the end of the day, they would be resolutions. Chair Sanchez: I capisce, understand. Commissioner Gonzalez: So no action will be required from the Commission? Mr. Fernandez: At this time, no, not today. Mr. Hernandez: No, not today. Chair Sanchez: No. All right. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. Probably, the area most impacted by this agreement is in District 4 because Commissioner Gonzalez has the Miami Jai Alai in his district, but it's mostly an industrial area, business area. The area of the Flagler Dog Track is surrounded by residential and many, many residents, so this is of great impact, so it is important that the people know and the people understand what are we doing. Number one, whether we pass this or we don't pass this, the people ofMiami-Dade County are going to vote. They are either going to vote for it or they're either to vote against it, so we need to get on moving because poll s usually never lie, and the polls are telling us that this will be pass by the voters ofMiami-Dade County come January 29. Unfortunately, last -- the last time that this City ofMiami Page 46 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 went to the voters, two years ago, the City ofMiami fell behind. The City ofMiami did not had any development agreement with the pari-mutuels in the City, although the County, even before the election, approve one already -- had approve one two years ago. The referendum fail for 6,000 votes, but as we all know, Broward approved it, and already there are gaming machines in Broward County. Now, for the City ofMiami, as a body, as for the elected officials to go out and campaign either for or neutral or against, the people ofMiami need to know what benefits are we getting from this? So it's important that in terms of money, in terms of other details, it is placed on the record for one simple reason. You know, January 10, it's only 19 days before the presidential primary election in the state of Florida. There will be two weeks of advance voting in all Miami -Dade County. The absentee ballots will be at the home of the voters that requested by the 12th, by the 13th, so if the City ofMiami doesn't take a position, a pro active position in terms of accepting this or rejecting this, then we will be sending a very confusing message to the voters of the City ofMiami, who hopefully will look to the City leaders for at least information. The voters of the City ofMiami will be subjected to a massive campaign of advertising in favor and against. There are political action committees already formed to fight this referendum, and there are others who will be pushing for, so it is important that you, Mr. Manager, Roger, puts on the record what is the benefit of the City ofMiami, and it is important that the members of the Commission, the elected leaders, the Mayor, not the Manager because he's -- he should not be in this business; he just -- but the Mayor and the members of the Commission publicly say are we in favor? Are we are against? Because that's the way it is. Regardless of what we do today, the vote will go on, and regardless of what we approve or disapprove today, the voters will go out and decide if this is on or off so last time we were lucky that, unfortunately, the referendum lost, because the City ofMiami was negligent in not having an agreement signed with Flagler or with the Miami Jai Alai. It would had been for us a shock because we didn't know, and maybe we would have gone to the County and said, can you give us -- can you throw us a bone of what you are getting? We want -- we wouldn't have been able to put the minority clause, the workers, the - - all the things that we want to put, so number one, thank you, Mr. Manager, for being proactive. By the way, we should have done this before, but having said that, we need to know if this is good for the City ofMiami, and you know, what we also need to know. We need to know what are we going to do with the revenues. What are we going to do with the revenues that we are going to be getting if this referendum passes, and if two of the three facilities in Miami -Dade County, who are in the City limits, will be providing to the City? It is important not to draw a line in the budget, but it's important if we really want to push this to try to explain to the voters, to certain type of voters, the benefits that these agreements will bring to them and to the City in general. If we keep saying, oh, let's defer this or let's defer that, well, you know what? It may pass. It may not pass, but one thing is sure, the voters ofMiami can make the difference in this countywide election. It's a huge number of voters, absentee votes and early voting, and I just think that we need to tell the people ofMiami what's in it for us. Thank you. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: All right. Commissioner Spence -Jones, you're recognized. Vice Chair Spence -Jones: Okay, let -- first of all, I want to say first -- I do have to at least acknowledge that Commissioner Regalado has been talking about this pari-mutuel thing for a minute, so it's not like it's been on the radar screen for at least the City departments, so my only communication on whether or not, you know, socially, I feel, you know, gambling is good or bad, the issue for me is really not getting the information in enough time to really decipher what is really going to be good for my residents and my constituents. Now, you mentioned about, yes, it -- the facility is in Commissioner Gonzalez's district, one of them is, but the reality in that it will impact in his -- around in his district, but the reality is that the impact will go beyond just the facility; it's going to impact the whole City, and I'm saying the whole City because people will come from all over the City to go to those facilities, which means just like when we look at Seminoles in Broward County and what they're doing out there. People travel from all over, including the City ofMiami, to go there, so the impact will go beyond the facility itself. With that City ofMiami Page 47 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 impact, it's going to be a lot of additional things that they're going to require to have, which means more people, more police, more waste pick up, more whole bunch of things that's going to go along with it. When I got my briefing yesterday, I was told that, you know, up to what $2 million will come back to the City, and it can go towards the Police or other City -based services, and I'm like, yeah, but they're going to create almost that amount because by the time you finish with it, they're going to need the additional dollars to -- for us to handle all of the needs they're going to -- that are going to take place. I just feel -- and I don't mind supporting it today, but I do want to send a very strong message to the Administration, that I want to make sure that whatever we bring back for the next meeting, it really include real things that are going to have a real impact, not just for my district, but for everyone else that's sitting up here, and Commissioner Sarnoff, last night, in our CRA (Community Redevelopment Agency) meeting, we talked about job, job, jobs. You know, we need to make sure that the residents of the City of Miami are going to really benefit from this thing, and I just felt, to me -- and I don't think I'm wrong for asking my colleagues to defer an item, because we've done it before when we were not clear, or individuals sitting up here were not clear about items, so I don't think it's inappropriate or I don't think it's wrong for me to say I'm not comfortable because I -- I've only had 40 -- less than 48 hours to digest this. We talk about an agreement that was supposed to include certain things for jobs, from an operational standpoint, and when I looked in the agreement or when my staff went through the agreement, we didn't see any of that, you know, and I'm just really tired of you know, we get these items, an then we're trying to juggle things up here to decipher what's real or not because we now have a deadline -- mind you, that we knew this deadline was coming for at least -- I know Commissioner Regalado's been talking about this for at least 90 days, if not 120, so why should I feel rushed to make a decision that is going to affect my constituents beyond my term? Commissioner Regalado: You're right. Mr. Hernandez: Commissioner, ifI -- Commissioner Regalado: But we do need to know what are the benefits for the City ofMiami. The only thing I'm saying is we really need to know, in dollars and cents, what are the benefits for the City ofMiami and what are the benefits in terms of jobs, in terms of development? Because they do know -- they know. The details, I would -- listen, I would support completely minority. I will support union jobs in the construction and all that. That will be in the details, but my point is that if we are going to say to the people ofMiami, it's a good thing for Miami, the people ought to know what is the good thing for Miami. That's all. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: I -- I'm going to ask exactly the same question that I ask the first time that we discuss this item. We're going to be getting the same share of money as the County will get, is that correct? Mr. Hernandez: Yes, we are, sir. Yes, sir. It's exactly the same. It's one and a half percent on the first 250 million, and if they exceed that amount, then that percent jumps up to two percent. Commissioner Gonzalez: Same percentage as the County is getting? Mr. Hernandez: Roger? Commissioner Gonzalez: I don't care what the percentage is. I just want to be -- Mr. Hernandez: It's the same. Commissioner Gonzalez: -- treated equal. City ofMiami Page 48 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Hernandez: It's the same. Roger? Commissioner Gonzalez: Right? Mr. Hernstadt: Commissioner, yes, sir, the percentage is exactly the same as the County has -- Commissioner Gonzalez: All right. Mr. Hernstadt: -- in their agreement. Commissioner Gonzalez: I believe that what Commissioner Regalado says is very important. We need to start defining how this money, whatever it is, $10 or $1 million or $2 million is going to be used, and what -- one area that I'm looking at is that, you know, everyone is talking about cutting taxes. There is a movement going on of people collecting signatures to go to a referendum to eliminate property tax or to reduce it to the very, very minimum, okay, and every year we get different community agencies coming before this City Commission asking for money for children, for youth, for seniors' meals, and that's one area that I'm looking at that if, you know, resources have been less and less every year for this type of services, and you know, this will be an area where we could tap into to get some money to provide basically meals to the seniors, to the low-income class of our community. Another problem that have -- and I hope it be clear before this comes back for a vote -- is that under the agreement, I understand that the -- whatever amount of money that we are going to get is going to cover for the building permits worth -- Toledo? There is an issue about the money that we're going to be collected is going to cover their building permits for their expansions and all that? Is that a fact? Orlando Toledo (Senior Director, Building, Planning & Zoning): That is a fact, yes. Commissioner Gonzalez: Well, then, at least myself I will have a serious problem voting on it that way. How could they pretend to pay us whatever they need to pay us in order to have their establishment in the City ofMiami and then tell us, from the money that I'm paying you, you're going to pay my building permit so I can expand, so I can have a profitable business so I can make money? Another item that want to look at is Police and Fire. I want to make sure that Police and Fire is cover under this agreement. You know, the Miami Police and Fire are going to be the ones providing services and that they will be paying for the service, for Police and Fire, not the City ofMiami, from whatever allocation of money the City ofMiami going to get, so you know, there are a few items, you know, that hope that you people start working very hard because like Commissioner Regalado says, eventually -- I don't know if it's going to be January 10 or January 15, we're going to need to be out there publicly saying we support this or we don't support this, and my support will depend on the benefit that the City ofMiami will receive and the residents of the City ofMiami and the City ofMiami employees and, you know, staff so you know, once again, it has to be a global, global, global agreement where the City be the one that benefit, not a group of people. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Just to echo what the -- what Commissioner -- I'm not used to calling you Commissioner Gonzalez. I'm used to calling you the Chair. Chair Sanchez: Vice Chair. Commissioner Sarnoff Just to echo what Commissioner Gonzalez is saying, I don't mean to be dense. I don't remember reading whether it said we're waiving their permits. Did I miss City ofMiami Page 49 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 something? Commissioner Gonzalez: Yes. Commissioner Sarnoff I did, so essentially, what he's saying is the money they're going to pay us is to pay for their permits. Mr. Toledo: Commissioner, the way the agreement currently reads -- Commissioner Sarnoff Right. Mr. Hernstadt: -- is that after $140, 000 per month, they can begin to proclaim a credit for the permit fees. Commissioner Sarnoff Well, why in the world would five wise men -- sorry, four wise men and one wise woman sit up here and take money out of the left pocket and put it in the right pocket? What's the benefit? Mr. Hernandez: Commissioner, ifI may. That's, in essence, what -- Commissioner Sarnoff There's the man who's going to tell me the benefit. Mr. Hernandez: Well, that's what they're proffering, okay, and that's the reason maybe that we have two readings in order for us to be able to discuss items like this, be able to get back to the industry, discuss it, and then bring back a refined project. That's why we're here today and was - - that's why we need to have this today. Commissioner Sarnoff So is it fair to say, Mr. Manager, that they are the ones proffering to us that they would pay us "X" dollars or 'X" percent, I should say, but they also want us to waive our permit fees? Mr. Hernandez: That's -- Mr. Fernandez: No. Well, the -- Commissioner Sarnoff Am I wrong in Mr. Fernandez: -- wording is careful. We're not waiving. They're paying it, but at -- there will be a true up or an adjustment at some point. We're not waiving any of our fees, either building permits or impact fees or anything. They would have to be paid, but then as we get their money from revenues they derive beyond a certain point, then they -- their would be a true up to get credit for that. Commissioner Sarnoff A true up? Mr. Fernandez: True up. I don't know how better to explain -- Commissioner Sarnoff I'm never going to get you be my banker. Mr. Fernandez: No. Well, legally -- Commissioner Sarnoff What you're essentially saying -- and I don't care what you call it. You know, an apple's an apple; an orange an orange, and a cat sometimes is a cat, and what you're saying is that if these folks are going to pay us the money, but then we reimburse them the money, they pay us the full two percent, let's say, so we have a great year, but then they take City ofMiami Page 50 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 back the money that they paid us for the permit fees. Fair? Mr. Hernandez: Yes, fair. Mr. Hernstadt: Yes, Commissioner. Commissioner Sarnoff Okay, so what would -- why would five -- four wise men and one wise woman do that? Mr. Hernandez: Well, because we could have no agreement, for example, and us having or not have an agreement has no impact on what happens on January 29. I think it's a better position for us to definitely have an agreement in place. Commissioner Sarnoff So you're saying to me is you think they have leverage over us? Mr. Hernandez: Not necessarily, but I think that -- Commissioner Sarnoff Well, any negotiation where somebody's taking money out of our pocket, they have leverage. Mr. Hernandez: But I think it's important that we have an agreement in place before the election. The election will take place whether we take action or not. Vice Chair Spence -Jones: But -- Commissioner Sarnoff Then I was prepared to sit here quiet and allow this to come up one more time, but now I'm glad I'm going to say something. Regardless of what you think about gambling -- and I will not go on record just to say what I think about gambling because it's probably not my place right now, but if you don't go back to these folks and suggest to them that we are smart enough to know that the money you put in my left pocket, that then you ask me to put in my right pocket is a good deal for the City ofMiami, it is not, and there are Commissioners up here that are capable of actively campaigning against the pari-mutuel, and I think we need to understand that it's a give and take in negotiations and that this Commissioner's more than willing to actively campaign against it. Vice Chair Spence -Jones: Second on that one. Chair Sanchez: All right. Okay, let's fry to get some control of this. This is just -- the process here is -- Mr. Hernandez: Right. There's no action. Chair Sanchez: -- public hearing; there is no action of the Commission, so let's just go ahead and go to PH.13, which is the same. That's the gaming center at the Jai Alai, which I have to open it up to the public again, and then we basically have echoed the same sentiments that have been proffered by the Commissioners, so on -- there is no action on PZ.12 [sic]. PH.13 07-01491 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLORIDA GAMING CENTERS, INC. D/B/A MIAMI JAI -ALAI, AND THE CITY OF MIAMI, RELATING TO THE DEVELOPMENT OF THE APPLICATION OF A ±7.6 ACRE, MORE OR LESS, PARCEL OF LAND ZONED C-2, "LIBERAL COMMERCIAL," LOCATED ON THE SOUTHWESTERN INTERSECTION OF City ofMiami Page 51 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 NORTHWEST 36TH STREET AND 37TH AVENUE AT 3500 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF THE DEVELOPMENT/REDEVELOPMENT OF A PARIMUTUEL FACILITY, WITH ASSOCIATED GAMING, AND OTHER PERMITTED COMMERCIAL USES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01491 Legislation.pdf 07-01491 Exhibitl.pdf 07-01491 Exhibit2.pdf 07-01491 Summary Form.pdf 07-01491 Notice of Public Hearing.pdf 07-01491 Authorization to Advertise.pdf DISCUSSED Chair Sanchez: Now, what we're going to do is we're going to go to PZ.13 [sic]. We're going to open it up to the public. This is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. For the record, this Chair opened up both PH 12 and PH 13. It was opened to the public and no one from the public approached the dais to address the Commission, so therefore, both public hearings have closed. On PH 13 there's no action. Basically, it's been -- what has been discussed by the Commissioners. Commissioner Spence -Jones, you're recognized, and then Vice Chair Spence -Jones: And then I'm going to close out. I think, from Commissioner Gonzalez to Commissioner Sarnoff and even Commissioner Regalado, we see that this agreement that we have has a lot of holes in it, and as Commissioner Sarnoff said earlier, you know, that's how this thing was presented to me. "Well, Commissioner, if you don't vote on it or support it, one way or the other it's going to go to vote, and the voters are going to decide." Well, you know, that's -- I totally agree with Commissioner Sarnoff then I'll be on the other side going against it, which means to me, you know, it doesn't make sense for us to be there unless we're going to address the key issues that we have concerns with, and it's not -- the same thing that I told you, Roger. I asked for simple things, like give me a comparison from other cities. We're getting one percent? Is that what we're getting? Commissioner Sarnoff Two -- one and a half, two. Vice Chair Spence -Jones: One and a half percent -- Pedro G. Hernandez (City Manager): It's a one and a half and if you go -- Vice Chair Spence -Jones: -- and we're comparing that to what the County is getting or saying at least we're getting the same thing that the County's getting. Mr. Hernandez: Same percentages. Vice Chair Spence -Jones: Right, so for me, my comment, then, why is the County our standard? That was one of the -- that was one of my questions, and then my question became because when I got briefed regarding how much it would be annually, which is a little less than two million, I'm like they're going to make that in a day, so my point is have we, Roger, looked at other cities and compared what the percentages were compared to what we're getting, not based upon what the County's getting? Roger Hernstadt (Chief of Staff, City Manager's Office): The -- City ofMiami Page 52 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chair Spence -Jones: I'm saying what other cities are doing. Have we did any comparison on that percentage that we're asking for them to give us? Mr. Hernstadt: Yes, ma'am. Vice Chair Spence -Jones: Okay. Mr. Hernstadt: I have, and we're getting more. Chair Sanchez: All right. Vice Chair Spence -Jones: What -- I just want to know, can you tell me at least two of those cities? Mr. Hernstadt: I can tell you one that I can remember from memory, and that is Miami Gardens was considering last night one point -- they were considering 1.5 and 1.7 above 250 million. Vice Chair Spence -Jones: But they're comparing themselves to the County, so I'm not talking about -- I'm not -- I'm saying are we -- have we did the same thing with other cities that have gambling facilities other places in other cities outside of Dade County? Mr. Hernstadt: We looked at the Broward agreement as well. It ran parity with them -- Commissioner Sarnoff Well, Roger -- Mr. Hernstadt: -- with respect to percentage. Commissioner Sarnoff -- what you're -- excuse me. Commissioner Sarnoff over here. What you're saying is we're getting the same thing as the County, except we're really not. Vice Chair Spence -Jones: I know. Commissioner Sarnoff Because the County doesn't have permit fees; we do, and we are paying the permit fees for them to expand. Mr. Hernstadt: Yes, Commissioner. The -- we estimated in our calculations of the net revenue to the City that the permit fees would be, you know, in the order of magnitude of $150, 000, thereabouts. The County agreement and our agreement basically both allow them to claim a credit for occupational license fees, so that's a comparison. Commissioner Sarnoff And an occupational license fee will -- I remember my notes from my meeting with you showed 200, 000, so 50,000 amongst friends is no big deal, but be that as it may, what is the County's occupational license going to cost? Mr. Hernstadt: Commissioner, I don't have that number with me, but I can absolutely have it for you next public -- Commissioner Sarnoff Is it $200, 000? Mr. Hernstadt: No. I know it's not that. Commissioner Sarnoff So we're really not getting what the County's getting. Mr. Hernstadt: In -- from that perspective, you're correct. City ofMiami Page 53 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Sarnoff Well, again, I wouldn't want you guys negotiating a car deal for me because I'd like to know what I'm going to pay. Mr. Hernstadt: We can provide a detailed spread sheet showing the direct comparison for your next meeting, Commissioner. Commissioner Sarnoff Yeah. Chair Sanchez: All right. Well, you've heard the concerns from the Commissioners, so we'll go ahead and close up PH.13. What we'll do is, we're going to take a five-minute recess; we'll come back; take the supplement agenda 3, which is a global agreement, follow up with the RE.17 and 18, so anticipate going to lunch around 2 o'clock. The Commission meeting stands in recess. "[Later... J" Chair Sanchez: All right. Let's see if we could get a full Commission. City ofMiami Commission is back in order from a brief recess, giving us an opportunity to read the interlocal agreement between the City and the County pertaining to the expansion of the CRA (Community Redevelopment Agency), also known as the global agreement, and we're waiting for one more Commissioner -- two more Commissioners so we can start this meeting. City ofMiami Page 54 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 ORDINANCES - FIRST READING FR.1 07-01447 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE Attorney DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 07-0556, ADOPTED SEPTEMBER 27, 2007, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01447 Legislation.pdf 07-01447 Cover Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item FR.1 to the Commission meeting currently scheduled for January 10, 2008. Chair Sanchez: All right, but before we do that, Mr. City Manager, do we need to take care of FR.1 through FR.5? Pedro G. Hernandez (City Manager): Mr. Chair, I was going to -- Chair Sanchez: Oh, FR.4 was deferred. Priscilla A. Thompson (City Clerk): We need a -- Mr. Hernandez: Yes. I was going to suggest, Mr. Chairman, that we continue FR.1, FR.2, FR.3. Chair Sanchez: Okay. Vice Chair Spence -Jones: Very good. Chair Sanchez: Need a motion to defer FR.1 -- Commissioner Sarnoff So moved. Chair Sanchez: -- 2, 3. Ms. Thompson: 2, 3. Vice Chair Spence -Jones: Second. Chair Sanchez: Continue, to continue. Commissioner Sarnoff So move. Chair Sanchez: And 4. Commissioner Sarnoff Well, 4's already -- City ofMiami Page 55 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 FR.2 07-01448 Miami Sports & Exhibition Authority Chair Sanchez: Okay, 1 -- well -- Commissioner Sarnoff 1 through 4, I -- Commissioner Gonzalez: 1, 2, 3 -- Commissioner Sarnoff -- move -- so move. Commissioner Gonzalez: -- 4. Is everybody pleased now? Chair Sanchez: I need a motion to continue -- Commissioner Sarnoff Motion to continue FR.1 through -- Chair Sanchez: -- FR.1 through 4. Commissioner Sarnoff -- FR.4. Chair Sanchez: All right. Motion is made by -- Commissioner Gonzalez: Second the motion to -- Chair Sanchez: -- Commissioner Sarnoff second -- Commissioner Gonzalez: -- continue FR.1 through FR.4. Chair Sanchez: -- by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY," TO AMEND: (I) FREQUENCY OF MEETINGS AND (II) INCLUDE CERTAIN AMENDMENTS RELATING TO THE COMPOSITION OF THE BOARD, ADOPTED BY THE CITY COMMISSION ON JUNE 14, 2001, PURSUANT TO ORDINANCE NO. 12073, WHICH INADVERTENTLY HAVE NOT BEEN INCLUDED IN SAID ORDINANCE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01448 Legislation.pdf 07-01448 Cover Page.pdf 07-01448 Minutes.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item FR.2 to the Commission meeting currently scheduled for January 10, 2008. Note for the Record: Please refer to item FR.1 for minutes referencing item. City ofMiami Page 56 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 FR.3 07-01449 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 2/ARTICLE XI/DIVISION 10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL," BY AMENDING SECTIONS 2-1142 AND 2-1143; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01449 Legislation.pdf 07-01449 Summary Form.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item FR.3 to the Commission meeting currently scheduled for January 10, 2008. Note for the Record: Please refer to item FR.1 for minutes referencing item. FR.4 07-01420 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David Sarnoff AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO RESTRICT THE HOURS IN THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WHEN ALCOHOLIC BEVERAGES MAY BE SOLD FROM, 5 A.M. TO 3 A.M. BY NIGHTCLUBS, SUPPER CLUBS, HOTELS, MOTELS AND APARTMENTS WITH 100 OR MORE GUESTROOMS; ANY OF THE PRECEDING ESTABLISHMENTS IN A RETAIL OR WATERFRONT SPECIALTY CENTER ON WEEKDAYS, INCLUDING SATURDAYS AND SUNDAYS; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(6) OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01420 Legislation.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item FR.4 to the Commission meeting currently scheduled for January 10, 2008. Note for the Record: Please refer to item FR.1 for minutes referencing item. FR.5 07-01475 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 57 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: 07-01475 Legislation.pdf 07-01475 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Let's -- listen, it's been a long day. I'm going to go ahead and defer all my Ds (District). Commissioner Sarnoff Wait, wait. Can we get a first -- I have a first reading here. Chair Sanchez: Which first reading? Commissioner Sarnoff FR.5. Chair Sanchez: Which one? Commissioner Sarnoff FR.5. Vice Chair Spence -Jones: We didn't finish (UNINTELLIGIBLE). Chair Sanchez: All right. Let's bring FR.5. Commissioner Gonzalez: I don't have my regular agenda here with me, so -- Julianne Diaz (Assistant Director): Julianne Diaz, Public Works Department. FR.5 is an ordinance amending Chapter 29, Landfills and Waterfront Improvements. This ordinance provides a provision to exclude properties under obligational contracts, covenants, or deed restrictions. Chair Sanchez: Okay. All right. FR.5 is an ordinance on first reading, Department of Public Works. Ms. Diaz: Yes. Chair Sanchez: Okay. You've stated on the record. Sir, you need to state your name and address -- David Freedman: Yes, sir. Chair Sanchez: -- for the record, and -- Mr. Freedman: Good evening. Chair Sanchez: -- make your case. Mr. Freedman: David Freedman, law firm of Coffey Burlington, 2699 South Bayshore Drive, in Miami, representing the Bay Point Property Owners Association. Chair Sanchez: Okay. Yes, sir. Mr. Freedman: Thank you. Six months ago, the Commission passed a seawall ordinance which had certain inadvertent and adverse effects on communities such as ours, which are governed by a covenant. This technical revision corrects those without endangering the public health, safety, or welfare, and we support it. City ofMiami Page 58 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: Okay. Mr. Freedman: Thank you. Chair Sanchez: All right. Is there anyone in attendance in opposition to this ordinance on first reading? All right. The public hearing is closed. There is no public input. We'll bring it back to the Commission. Commissioner Sarnoff I'll make a motion to approve. Chair Sanchez: All right. There is a motion -- Commissioner Regalado: Second. Chair Sanchez: -- proffered by Commissioner Sarnoff second by Commissioner Regalado. Any discussion on the item? There's no discussion on the item. Mr. City Attorney, read the ordinance into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): Yes. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: Okay, Madam Clerk. Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: First reading, yes. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Commissioner Gonzalez: I need to have more information -- Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: -- on this. Ms. Thompson: Okay. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City ofMiami Page 59 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 RESOLUTIONS RE.1 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. 07-01277 Legislation.pdf 07-01277 Exhibitl .pdf 07-01277 Exhibit2.pdf 07-01277 Summary Form.pdf 07-01277 Letter.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0699 Chair Sanchez: Okay, let's go ahead and fry to get some of these issues, and then we'll start with Crosswinds, if we're ready, but let's go ahead and do RE.1. RE.1. Let's fry to get some of these items off [sic] of the way. I mean, they're not con -- noncontroversial. Orlando Toledo: Orlando Toledo, senior director of Building and Planning and Zoning. This is an interlocal agreement between the City ofMiami 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 intricate development, located over municipal boundaries of both cities. Chair Sanchez: All right. Commissioner Gonzalez: We're doing RE.1 now. Chair Sanchez: Sir, you're recognized for the record. Simon Ferro: Mr. Chair, members of the Board, Simon Ferro, 1221 Brickell. I represent the owner of this property, and again, it's just to add to what Mr. Toledo had said. This is merely an agreement between both Coral Gables and the City ofMiami to -- as a framework that would allow the development of this property, which is at the southeast corner of Flagler and 37th Avenue, basically Douglas Road, which contains -- it's about 1.8 acres of land;; half an acre is City ofMiami; the other property is Coral Gables; to allow us to build and develop it as one integrated development so you don't have two buildings (UNINTELLIGIBLE), and we can go over both boundary lines. This has taken a long time to negotiate. The cooperation of both City ofMiami, Coral Gables Police Departments, Fire Departments. It goes into issues like first responder, and it's just a framework within which to be able to develop this property. Chair Sanchez: All right, is there a motion? City ofMiami Page 60 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 RE.2 07-01401 Department of Capital Improvements Program Commissioner Sarnoff So move. Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Sarnoff -- Commissioner Gonzalez: Second. Chair Sanchez: -- second by Commissioner Regalado. Before we open it up for discussion, opening a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission for discussion. Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Ferro: Thank you all very much. Chair Sanchez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED OCTOBER 9, 2007, PURSUANT TO INVITATION FOR BIDS NO. 06-07-012, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "FAIRLAWN STORM SEWER IMPROVEMENTS PHASE IIB, B-50703," IN AN AMOUNT NOT TO EXCEED $1,715,092, FOR THE SCOPE OF WORK, PLUS AN ADDITIONAL $171,509.20, OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $1,886,601.20; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-50703, AVAILABLE FOLLOWING THE APPROPRIATION OF STREET BONDS BY SEPARATE RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 61 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: 07-01401 Legislation.pdf 07-01401 Exhibitl.pdf 07-01401 Exhibit2.pdf 07-01401 Exhibit3.pdf 07-01401 Exhibit4.pdf 07-01401 Exhibit5.pdf 07-01401 Exhibit6.pdf 07-01401 Exhibit7.pdf 07-01401 Exhibit8.pdf 07-01401 Exhibit9.pdf 07-01401 Exhibitl0.pdf 07-01401 Exhibitl1.pdf 07-01401 Exhibit12.pdf 07-01401 Exhibitl3.pdf 07-01401 Exhibit14.pdf 07-01401 Exhibitl5.pdf 07-01401 Exhibit16.pdf 07-01401 Exhibitl7.pdf 07-01401 Exhibitl8.pdf 07-01401 Exhibitl9.pdf 07-01401 Exhibit20.pdf 07-01401 Exhibit21.pdf 07-01401 Exhibit22.pdf 07-01401 Summary Form.pdf 07-01401 Formal Bid.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0700 Chair Sanchez: Let's do RE.2, which is a storm water contract. Also, RE.3 is also a -- all right. Let's do RE.2. Ola Aluko: Thank you, Commissioner, and thank you, Mr. Chair. Ola Aluko, director of CIP (Capital Improvement Program), City ofMiami. Commissioner Gonzalez: RE.2. Mr. Aluko: This resolution is to accept a bid and authorize execution of an agreement with Metro Express, Incorporated, the lowest responsible and responsive bidder, pursuant to an invitation for bids received on October 9, 2007. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: I'll move it. Vice Chair Spence -Jones: second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Before we open it for a discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public record [sic] is closed; coming back to the Commission. Any discussion on the item? City ofMiami Page 62 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 RE.3 07-01402 Department of Capital Improvements Program Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED OCTOBER 9, 2007, PURSUANT TO INVITATION FOR BIDS NO. 06-07-012, FROM HORIZON CONTRACTORS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "FLAGAMI/WEST END STORM SEWER IMPROVEMENTS PHASE II, B-50695," IN AN AMOUNT NOT TO EXCEED $5,589,096.50, FOR THE SCOPE OF WORK, PLUS AN ADDITIONAL $558,909.65, OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $6,148,006.15; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $4,376,787, IMMEDIATELY AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-50695, AND THE REMAINING BALANCE OF AN AMOUNT NOT TO EXCEED $1,771,219.15, FROM CIP NO. B-50695, AVAILABLE FOLLOWING APPROPRIATION OF STREET BONDS BY SEPARATE RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 63 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 07-01402 Legislation.pdf 07-01402 Exhibitl .pdf 07-01402 Exhibit2.pdf 07-01402 Exhibit3.pdf 07-01402 Exhibit4.pdf 07-01402 Exhibit5.pdf 07-01402 Exhibit6.pdf 07-01402 Exhibit7.pdf 07-01402 Exhibit8.pdf 07-01402 Exhibit9.pdf 07-01402 Exhibitl0.pdf 07-01402 Exhibitl 1.pdf 07-01402 Exhibit12.pdf 07-01402 Exhibitl3.pdf 07-01402 Exhibit14.pdf 07-01402 Exhibitl5.pdf 07-01402 Exhibit16.pdf 07-01402 Exhibitl7.pdf 07-01402 Exhibitl8.pdf 07-01402 Exhibitl9.pdf 07-01402 Exhibit20.pdf 07-01402 Exhibit21.pdf 07-01402 Exhibit22.pdf 07-01402 Exhibit23.pdf 07-01402 Exhibit24.pdf 07-01402 Exhibit25pdf.pdf 07-01402 Exhibit26pdf.pdf 07-01402 Exhibit27pdf.pdf 07-01402 Exhibit28pdf.pdf 07-01402 Exhibit29pdf.pdf 07-01402 Summary Form.pdf 07-01402 Formal Bid.pdf Motion by Commissioner Gonzalez, 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-07-0701 Chair Sanchez: RE.3. Ola Aluko (Director, Capital Improvement Program): This resolution is to accept the bid and authorize execution of an agreement with Horizons Contractor, the lowest responsible and responsive bidder, pursuant to invitation received on October 9, in the total amount of $6.1 million and some change. Chair Sanchez: All right, is there a motion? Commissioner Gonzalez: Move it. Commissioner Sarnoff Move. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. The item is under discussion. It is a public -- it requires a public hearing. Anyone from the City ofMiami Page 64 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 RE.4 07-01405 Department of Capital Improvements Program public wishing to address this item, please step forward and be recognized. For the record, seeing no one, the public hearing is closed; coming back to the Commission. It's a resolution. Any discussion on the item? All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S ("CITY'S) OPTION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. ("HDR"), PURSUANT TO RESOLUTION NO. 05-0534, ADOPTED SEPTEMBER 8, 2005, AND RESOLUTION NO. 07-0413, ADOPTED JULY 10, 2007, TO CONTINUE TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION IMPROVEMENT PROGRAM, AS NEEDED, FOR A THREE (3) MONTH PERIOD, WITH OPTIONS FOR THE CITY MANAGER TO ADMINISTRATIVELY RENEW FOR ONE (1) MONTH PERIODS, FOR THE FINAL THREE (3) MONTHS, SUBJECT TO HDR'S CONTINUED SATISFACTORY PERFORMANCE. 07-01405 Legislation.pdf 07-01405 Summary Form.pdf 07-01405 Text File Reportl .pdf 07-01405 Text File Report2.pdf 07-01405 Text File Report3.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez R-07-0702 Chair Sanchez: RE.4. Ola Aluko (Director, Capital Improvement Program): RE.4. This is a resolution of the City of Miami Commission authorizing the City Manager to exercise the City's option to renew the PSA (Professional Services Agreement) with HDR (Henningson, Durham and Richardson), Incorporated, pursuant to a resolution adopted on September 8, 2005, and this is to extend the -- to renew the agreement for a three-month period with options for the City Manager to administratively renew one month periods for the final three months. Chair Sanchez: All right. Commissioner Gonzalez: I'll move RE.4. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming City ofMiami Page 65 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 RE.5 07-01450 Department of Capital Improvements Program back to the Commission. Any discussion on the item? If not, it's a resolution. All in favor, say "aye." One no, Madam Clerk, the Chair. One no. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING APPROPRIATIONS RELATING TO CAPITAL PROJECTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008; FURTHER AMENDING PRIOR YEAR APPROPRIATIONS TO CONTINUE PREVIOUSLY APPROVED PROJECTS. 07-01450 Legislation.pdf 07-01450 Exhibit .pdf 07-01450 Summary Form.pdf CONTINUED Item RE.5 was continued to the Commission meeting currently scheduled for January 10, 2008. RE.6 07-01452 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Capital PROCUREMENT OF REPAIR, MAINTENANCE AND INSTALLATION OF Improvement ROADWAY SYSTEMS SERVICES, FROM WEEKLEY ASPHALT PAVING, Programs/Transpor INC., ON AN AS -NEEDED CONTRACT BASIS, FOR THE DEPARTMENT OF tation CAPITAL IMPROVEMENT, UTILIZING EXISTING BROWARD COUNTY BID CONTRACT, NUMBER H-Z-05-376-B1, EFFECTIVE THROUGH JUNE 27, 2008, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY BROWARD COUNTY, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $2,000,000, INCLUDING ANY RENEWAL(S); ALLOCATING FUNDS, FROM THE VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, ON AN AS -NEEDED BASIS, WITHOUT FUTURE CITY COMMISSION APPROVAL, FOR FUTURE FISCAL YEAR FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 66 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 07-01452 Summary Form.pdf 07-01452 Award Recommendation.pdf 07-01452 Letter.pdf 07-01452 Letter2.pdf 07-01452 Text File Report.pdf 07-01452 Addendum.pdf 07-01452 Invitation for Bid.pdf 07-01452 Schedule of Bid.pdf 07-01452 Bid Sheet.pdf 07-01452 Bid Terms.pdf 07-01452 Instructions to Bidders.pdf 07-01452 Expenditures.pdf 07-01452Exception Report.pdf 07-01452 Matrix Report.pdf 07-01452 Instructions to Bidders2.pdf 07-01452 E-Mail.pdf 07-01452 Bid Sheet2.pdf 07-01452 Certificate.pdf 07-01452 Letter3.pdf 07-01452 Certificate2.pdf 07-01452 Certificate3.pdf 07-01452 Certificate4.pdf 07-01452 Letter4.pdf 07-01452 Certificate5.pdf 07-01452 Certificate6.pdf 07-01452 Unavailability Report.pdf 07-01452 Contract Compliance.pdf 07-01452 Certification of Vendors.pdf 07-01452 Specifications.pdf 07-01452 Letter of Intent.pdf 07-01452 Living Wage.pdf 07-01452 Bid Bond.pdf 07-01452 Power of Attorney.pdf 07-01452 Insurance.pdf 07-01452 Paving Certificate.pdf 07-01452 License.pdf Motion by Commissioner Gonzalez, 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-07-0703 Chair Sanchez: RE.6. Ola Aluko (Director, Capital Improvement Program): RE.6, Mr. Chair, is a resolution of the City ofMiami Commission to approve the procurement and repair maintenance installation of Roadway Systems Services for --from weekly asphalt paving in an amount not to exceed $2 million. Chair Sanchez: All right, is there a motion? Commissioner Sarnoff So move. City ofMiami Page 67 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Gonzalez: Move it. Chair Sanchez: I'm sorry. Which item was that, 6? Mr. Aluko: This is RE. 6. Chair Sanchez: RE.6. Commissioner Gonzalez: Move RE. 6. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Before we open it for a discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, the public hearing is closed; coming back to the Commission. Any discussion from the Commission? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk. Mr. Aluko: Thank you. RE.7 07-01306 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), APPROVING THE ISSUANCE OF NOT TO EXCEED AN AGGREGATE PRINCIPAL AMOUNT OF $120,000,000, CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY, HEALTH SYSTEM REVENUE BONDS, CATHOLIC HEALTH EAST ISSUE, IN ONE OR MORE SERIES, FOR PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD ON AUGUST 23, 2007, BY THE AUTHORITY WITH RESPECT TO THE BONDS, THE REFUNDING OF THE REFUNDED BONDS AND THE FINANCING OF THE PROJECT, IN ACCORDANCE WITH SECTION 147 (F) OF THE CODE, THE TRANSCRIPT OF WHICH MINUTES WAS PRESENTED AT THIS MEETING; PROVIDING FOR AN EFFECTIVE DATE. 07-01306 Legislation.pdf 07-01306 Exhibitl .pdf 07-01306 Exhibit2.pdf 07-01306 Exhibit3.pdf 07-01306 Exhibit4.pdf 07-01306 Exhibit5.pdf 07-01306 Exhibit6.pdf 07-01306 Exhibit7.pdf 07-01306 Summary Form.pdf Motion by Commissioner Gonzalez, 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-07-0704 Chair Sanchez: Let's go to RE.7. City ofMiami Page 68 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Diana Gomez: Diana Gomez, Finance director. This resolution is requesting the approval of the issuance of $120 million to Health Facility [sic]Authority revenue bonds for the purpose of the tax code. These bonds will be issued by the Health Facilities Authority as a conduit issuer on behalf of Catholic Health East and Mercy Hospital. The proposed bonds are for the purpose of refunding certain Catholic Health East and Mercy Hospital outstanding bond issues for tax saving -- I'm sorry -- for savings and to provide for the construction of a parking garage and other improvements at Mercy Hospital. These bonds are not a liability of the City, nor does the - - nor is the City liable for the payments of the principal and interest. Chair Sanchez: All right. Commissioner Gonzalez: So the City's not liable on anything? Ms. Gomez: Not at all. Commissioner Gonzalez: I'll move RE.7. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open up for discussion, it is a public hearing. Anyone from the public wishing to address this item, step forward. Seeing no one, the public hearing is closed; coming back to the Commission. Any further discussion on RE.7? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes unanimously, Madam Clerk. RE.8 07-01453 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Waste PAYMENT TO MIAMI-DADE COUNTY ("COUNTY") FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI ("CITY"), IN AN ESTIMATED AMOUNT NOT TO EXCEED $9,254,000, TO BE EXPENDED AS NECESSARY THROUGHOUT THE FISCAL YEAR, FOR A ONE-YEAR PERIOD, PURSUANT TO AN INTERLOCAL AGREEMENT ENTERED INTO SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY AND THE COUNTY; STIPULATING THAT THIS AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING & PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 04001.213000.549000.0000.00000. 07-01453 Legislation.pdf 07-01453 Summary Form.pdf 07-01453 Letter.pdf 07-01453 Memo.pdf 07-01453 Interlocal Agreement.pdf 07-01453 Waste Agreement.pdf 07-01453 Administrative Order.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 69 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0693 Chair Sanchez: All right, RE.8. RE.8 is a resolution. Solid Waste. We do this every year. Mario Soldevilla (Director, Solid Waste): Yes, sir. This is a resolution authorizing payment to Miami -Dade County for disposal costs in solid waste. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by commission -- Vice Chair Spence -Jones. Before we open it up for discussion, it requires a public hearing. Public hearing is opened. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. RE.8 is a resolution. Any discussion on it? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk. RE.9 07-01454 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED OCTOBER 22, 2007, PURSUANT TO INVITATION FOR BIDS NO. 45014,1, FROM HARRISON UNIFORMS, FOR THE PURCHASE OF POLICE UNIFORMS AND ACCESSORIES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; 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. Votes: 07-01454 Legislation.pdf 07-01454 Summary Form.pdf 07-01454 Award Recommendation.pdf 07-01454 Tabulation of Bids.pdf 07-01454 Pricing Comparison.pdf 07-01454 Invitation for Bids.pdf 07-01454-Submittal-Summary Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0705 Chair Sanchez: RE.9. RE.9 is -- Commissioner Gonzalez: Police uniforms. City ofMiami Page 70 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: -- department -- yeah, Department of Purchasing. Commissioner Gonzalez: Move RE.9. Glenn Marcos: Yes, Commissioner. Glenn Marcos, Purchasing director. Before you is an award recommendation for police uniforms and accessories. The recommendation is to Harrison Uniforms. The confract is for a one-year with options to renew for four additional one-year periods. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Commissioner Gonzalez: I do have a question on this. Is this a local vendor? Mr. Marcos: Harrison Uniforms is -- Chair Sanchez: Yes. Mr. Marcos: -- within the City ofMiami. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: I just have a quick question. I'm sorry, Mr. Chair. Chair Sanchez: Oh, before you go, I just want to put on the record there's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. The item is under discussion. You're recognized. Vice Chair Spence -Jones: I know one -- this is one of the questions we had in our meeting with the City Attorney regarding the amounts of the actual uniforms, so it's about -- when we talked about it, Mr. City Attorney, we looked at it. It was between two and -- up to $10 million a year that they can spend on uniforms. Jorge L. Fernandez (City Attorney): Well, it's $2 -- $2 million a year the way that read the contract, and then it's one year, but you have four one-year renewable, so you're looking at a sum total of five years. If you multiply that times two million on the average a year, you're looking at $10 million ultimate potential. Mr. Marcos: Which is the total confract amount -- Mr. Fernandez: Right. Mr. Marcos: -- and it's -- Vice Chair Spence -Jones: The total. Mr. Marcos: -- that is an estimated amount. Vice Chair Spence -Jones: Okay. That's not -- I'm just asking. Two million dollars a year, is that a lot for uniforms, Glenn? Is that like normal? Mr. Marcos: Well -- I mean, for the size of the actual police department, it's very typical -- City ofMiami Page 71 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chair Spence -Jones: Okay. Mr. Marcos: -- so it's -- Vice Chair Spence -Jones: That was the question that we had. It just seems like a lot of money per officer. I mean -- Mr. Marcos: And one thing that I would want to go ahead and put on the record is that we ended up putting -- actually, analyzing the contract that's being put forth in front of you versus the prior contract, and on the commonly purchased items, there's a 16 -- I'm sorry, a 15 percent or 16 percent savings from the prior contract, so there are substantial savings involved here. Vice Chair Spence -Jones: Okay. Thank you. Chair Sanchez: Okay, that's RE.9. Any further discussion on the item? The public hearing was opened and closed. That's RE.9, accepting bid for Harrison Uniform [sic]. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.10 07-01344 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney 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 CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairperson Spence -Jones, and was passed unanimously, to continue item RE.10 to the Commission meeting currently scheduled for January 10, 2008. Chair Sanchez: All right. Jorge L. Fernandez (City Attorney): And the last settlement that I have, Mr. Chairman, is an item that has been in front of you once before and wasn't addressed. It's RE.11. It's the settlement of a claim by an ex -employee, and -- Chair Sanchez: All right. Before -- whoa, whoa, whoa, whoa, whoa. Before you do that, you wanted to continue some of the settlements? Unidentified Speaker: Yeah. City ofMiami Page 72 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Fernandez: Yes. We're -- Chair Sanchez: All right. Mr. Fernandez: -- continuing -- Chair Sanchez: Let's go ahead and put them on the record -- Priscilla A. Thompson (City Clerk): Thank you. Chair Sanchez: -- and then we'll vote on it. Madam Clerk -- Ms. Thompson: Yes. Chair Sanchez: -- are you ready? Ms. Thompson: Yes. Chair Sanchez: The CityAttorney's going to proffer some items that are going to be continued. Ms. Thompson: Correct. Chair Sanchez: All right. Mr. City Attorney. Mr. Fernandez: RE.10 and RE.12. Chair Sanchez: Okay. Those two -- Commissioner Gonzalez: Move -- Chair Sanchez: -- items. Commissioner Gonzalez: -- to continue. Vice Chair Spence -Jones: Second. Chair Sanchez: We need a motion, and we got a motion. A motion from Commissioner Gonzalez, second by Vice Chair Spence -Jones to continue the item. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Those two items have been continued. RE.10 and RE.12, for the record, have been continued to the next regular Commission agenda meeting. RE.11 07-01243 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RIVERO PALMER & MESTRE LLP., ON BEHALF OF MARY CONWAY, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $200,000 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 MARY CONWAY VS. CITY OF MIAMI UPON EXECUTING A GENERAL RELEASE OF THE City ofMiami Page 73 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 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. 07-01243 Legislation.pdf 07-01243 Cover Memo.pdf 07-01243 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Spence -Jones R-07-071 0 Chair Sanchez: Let's take up RE.11, which is a settlement pertaining to Mary Conway. Jorge L. Fernandez (City Attorney): Yes. In this case, the claimant initiated an investigation which revealed that several employees working in Capital Improvement Projects were doing personal work on City time and using City resources. This resulted in the arrest of several employees and considerable publicity. The claimant was terminated shortly thereafter, perhaps totally unrelated to that. The claimant, though, is alleging that she was terminated in violation of Florida Whistleblower's Act and that the publicity surrounding her termination impacted her ability to find other comparable employment. A whistleblower claim could expose the City to back pay, front pay, and payment of attorney's fees. The parties were able to reach a settlement, subject to City Commission approval, in the amount of $200, 000, and I am recommending that the City Commission favorably consider this settlement. It has been fully vetted with the Administration. The Administration, I understand, is also very much in favor of this settlement. We have considered the facts. We have considered her allegation, and certainly, we believe that the Administration at all times acted properly in making the determination that they made. However, given the fact that there -- she would be able to assert a claim that would perhaps go all the way to trial, taking a look at the time that's involved and the unpredictability -- I cannot predict to you, notwithstanding the fact that we would vigorously defend the actions of the Administration, we could not predict the outcome, and so looking at the potential exposure if the City were to lose on any of the claims, we believe that a settlement in this amount at this time is in the best interest of the City. Chair Sanchez: All right. Now, Mr. City Attorney, I -- usually, you're the one that's cautioning us on these matters. Mr. Fernandez: Yes. Chair Sanchez: If for whatever reason, we don't have the three votes, then my suggestion to this Commission is that we get together and schedule a shade meeting. Mr. Fernandez: I don't believe that a shade meeting would be warranted in this case. There is no actual lawsuit yet filed. Chair Sanchez: Yet. Mr. Fernandez: That's right, and so my reading at this time is that we can only have shade meetings on cases on which lawsuits have, in fact, already been filed. All she has done is perfected a claim in front of the Civil Service Board, and she's scheduled to be heard at the Civil Service Board in January. City ofMiami Page 74 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All right. I understand that, but it's -- as the legislative body, we're here to protect the City, so we -- in other words, what I'm saying is we need to be very careful what we say -- Mr. Fernandez: Well -- Chair Sanchez: -- because what we may be doing is enhancing someone else's testimonies or where it doesn't benefit the City; it hurts us. Mr. Fernandez: Correct, and you know, the -- we have briefed every Commissioner on this item, and we have answered individually all the questions that have been asked. We understand that this is a case that has some sensitivity, but notwithstanding that, if the Commission were wanting to discuss it to any greater extent than what I have already presented to you, I would be the first one advising you not to discuss on the record because then, in the event you were to vote against a settlement, that would prejudice our ability to vigorously defend the Administration. Chair Sanchez: Well, I don't want to be creating a record that's going to help somebody who's suing the City. Mr. Fernandez: Correct. Chair Sanchez: That's my intent. Commissioner Sarnoff So I'm sure everything you're saying is pursuant to Florida Chapter 90.405, which would mean it's in the spirit of settlement and could not be used. Chair Sanchez: All right. Well, is there a motion? Commissioner Sarnoff I'll so move it, and I would strongly urge us to consider and recommend this. This is what I do for a living, and I can tell you that the likelihood of an attorney's fee of that amount of money, should she win $10, 000, would be at least the amount we're settling for right now. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Gonzalez: I'll second it. Chair Sanchez: There's a motion -- Commissioner Regalado: Discussion. Chair Sanchez: Hold on. -- on the floor by Commissioner Sarnoff second by Commissioner Gonzalez. The item is under discussion. Commissioner Regalado, you are recognized. Commissioner Regalado: Thank you, Mr. Chairman. If we were to defend this, do we have to hire outside counsel, or it will be handled by your office? Mr. Fernandez: No. It will be handled by my office, and we would vigorously defend because we believe that the Administration acted appropriately. I've stated that on the record already once -- Commissioner Regalado: Right. Mr. Fernandez: -- but that -- notwithstanding all of that, lawsuits are what lawsuits are, and we're -- I am not able to sit here and predict to you the outcome. She has a claim. She has City ofMiami Page 75 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 certain facts, and you know, it's her burden of proof At the end of the day, there are certain presumptions, but they're all rebuttable, and -- Commissioner Regalado: Yeah. That -- and that was my question. The burden is on her, not on the City. The burden to prove is on her, not on the City because, like we always say, the Manager has the sole authority to fire and hire any employee of the City ofMiami. Is that correct? Mr. Fernandez: Definitely. Particularly at that level, at the directorship level, who are all at -will employees, the City Manager has that absolute prerogative. Commissioner Sarnoff Yeah, but that's not exactly, I think, what he asked, and let me just -- and I don't mean to step on you, and ifI do, just say so. Just use Commissioner. Mr. Fernandez: Ouch. Commissioner Sarnoff The City Manager has the sole discretion on a nonclassified employee to terminate them for any reason other than color, race, religion, as well as certain statutory rights, such as whistleblower, so just because you're an at -will employee doesn't mean you do not have certain statutory remedies, correct? Mr. Fernandez: Correct. She -- Commissioner Sarnoff And -- Mr. Fernandez: -- can allege. Commissioner Sarnoff Right, and the point being, she has made an allegation -- Mr. Fernandez: Correct. Commissioner Sarnoff -- that her -- as a result of her blowing the whistle, as a result of her claiming that there were some employees in the City ofMiami doing something wrong, that, inevitably, that whistleblowing, in some connection to it, she was terminated, so her at -will status, for you and I, is irrelevant, and for this Commission, is irrelevant. Mr. Fernandez: Well, to the extent that I believe that she can maintain a cause of action that would be colorable, that would be -- you know, that would get into court and perhaps get us along to a jury trial, to that extent, I agree with you. Commissioner Regalado: So the purpose of this settlement is that she doesn't go before the Civil Service Board? Because there is no court date or case yet. Mr. Fernandez: No. I wouldn't say that that's the purpose of this settlement. The purpose of this settlement, the way I see it, is that it's at the very inception, at the very beginning of the claim process, and in -- it was mediated -- by the way, I failed to point out to you that this case was mediated in front ofJudge -- I believe it was Judge Weatherington, and we were able to -- you know, of course, the claim, I can tell you that her request -- or her valuation of what her claim is was considerably higher than what the amount that we're recommending to you because she factored in things like front pay, back pay, you know, all of those other things, and she valued the claim much higher than that. I wouldn't say that it is -- the settlement is not being proposed to you because we are either not willing to go to Civil Service or go to trial. Simply because we believe at this time it's in the best interest of the City economically, looking at it fi^om a pure financial decision, and this is a decision that has been made jointly with the Administration as they look at all of these issues. City ofMiami Page 76 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All right. It's time to fish or cut bait. There's a motion already on -- Commissioner Gonzalez: There is a motion -- Chair Sanchez: -- the table and a second. Commissioner Gonzalez: -- and there is a second. Chair Sanchez: All right. All in favor, say "aye." Commissioner Sarnoff Aye. Commissioner Gonzalez: Aye. Commissioner Regalado: No. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Regalado: No. Chair Sanchez: One "no." RE.12 07-01416 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ACCEPTANCE OF SETTLEMENT FUNDS, IN THE AMOUNT OF $112,500, FROM THE CASE OF RIC-MAN INTERNATIONAL, INC., VS. THE CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-13051 CA (13). 07-01416 Legislation.pdf 07-01416 Cover Memo.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairperson Spence -Jones, and was passed unanimously, to continue item RE.12 to the Commission meeting currently scheduled for January 10, 2008. RE.13 07-01469 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), APPROVING A SETTLEMENT AGREEMENT REACHED WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION ("WCEDC"), RELATING TO THE SALE OF SPECIFIC REAL PROPERTY OWNED BY WCEDC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATION OF SETTLEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 07-01469 Legislation.pdf 07-01469 Exhibit.pdf 07-01469 Cover Memo.pdf Motion by Commissioner Gonzalez, 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 City ofMiami Page 77 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 R-07-0707 Chair Sanchez: Let's take RE.13 because we have the attorney here, and we certainly -- Jorge L. Fernandez (City Attorney): Yeah. Chair Sanchez: -- don't want to pay him any more than what we're paying him, so -- Mr. Fernandez: Yes. Chair Sanchez: That's the Wynwood settlement? Mr. Fernandez: Yes. This is the Wynwood Community Economic Development Corporation settlement, and Mr. Guso is the City's special counsel assisting us with the bankruptcy proceeding, and he's here to answer any questions you may have regarding the settlement. We have briefed each of you on the merits of this case. This is a case that has been around for a long, long time, and this is a resolution to all the pending litigation as well as resolving the issue in bankruptcy. Chair Sanchez: All right. Jordi Guso: Good afternoon. My name is Jordi Guso. I'm with the law firm of Berger Singerman, and as the City Attorney indicated, we are cocounsel to the City in the Chapter 11 case of Wynwood Eco -- Community Economic Development Corporation. That case has been pending since June 25, 2005. We're before the Commission this afternoon to consider approval of a settlement negotiated between -- Unidentified Speaker: Something funny? Mr. Guso: -- the City and -- Chair Sanchez: Excuse me? Unidentified Speaker: Something funny? Chair Sanchez: Are you funny? Unidentified Speaker: You the one laughing. Chair Sanchez: No. I'm just laughing at you. Unidentified Speaker: All right. Mr. Guso: The settlement agreement was negotiated between Wynwood and the City ofMiami in the bankruptcy case, but I think it's important to note that it's comprehensive and far-reaching and resolves a number of disputes between the parties that have been pending for quite some time. Some of these disputes go back over ten years. The settlement agreement contemplates the dismissal with prejudice of the litigation commenced by Wynwood against the City before the bankruptcy court. It contemplates the withdrawal with prejudice of an application filed by Wynwood in the state court foreclosure case brought by the City where Wynwood seeks a recovery from the City of approximately $900, 000 in attorney's fees as the prevailing party in that litigation. It also contemplates the dismissal with prejudice of a Title VII discrimination -- civil rights discrimination lawsuit commenced by Wynwood against the City ofMiami before the United States district court, and it contemplates, as well, the exchange of mutual general releases, thereby bringing an end to all disputes between the parties. The settlement agreement City ofMiami Page 78 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 also requires Wynwood to proceed with a sale of the real property it owns to a third party through an open, competitive auction and sale process before the bankruptcy court, and toward that end, Wynwood has retained the services of Cushman and Wakefield as its agent to market and sell the property. The commission negotiated is no greater than two percent, and if the purchase price does not exceed $10.4 million, Cushman and Wakefield is not entitled to a commission. The entire parcel that is the subject of the sale consists of 8.7 acres. However, only 6.23 of those acres are actually owned by Wynwood. The balance of the property is owned by an adjoining landowner by the name of Realty Investment and Mortgage Company, and the settlement agreement contemplates a waterfall or an allocation of the proceeds between those two. The City shares in the proceeds recoverable from Wynwood under any sale. As between Wynwood and the City, the settlement agreement provides that Wynwood keeps the first $6.45 million in net proceeds free and clear of all claims of the City, and net proceeds recoverable by Wynwood in excess of 6.45 million are split 55 percent to Wynwood and 45 percent to the City. Proceeds retained by Wynwood are to be utilized by Wynwood for public purpose consistent with its charter and its 501(c)3 not -for -profit tax exempt status, and that use must also be approved by the bankruptcy court pursuant to a plan of reorganization. A few points I think the Commission ought to consider in evaluating the reasonableness of the settlement. On April 5, 2005, Judge Bailey of the circuit court entered an order finding that the City was not entitled to enforce the mortgage which the City holds on a portion of this property, finding that the City had breached a prior settlement agreement between Wynwood and it, and again, that breach goes back a period of approximately 10 years. Secondly, the City's mortgage, even if enforceable, does not encumber the entire parcel; it only encumbers approximately 5.2 acres of the property owned by Wynwood. Thirdly, the mortgage is junior and subordinate to approximately $2.8 million in unpaid real estate taxes on this property. Therefore, there -- there's some question as to the value that the City could recover even if its mortgage were enforceable, which, as I said, Judge Bailey found that it could not be enforced, and unfortunately, that finding was affirmed on appeal by the Third District Court ofAppeal. Given that the settlement resolves all the disputes between the parties, provides a mechanism for a competitive sale of the property and affords the City an opportunity to participate in a recovery if the property is sold, we believe -- and I believe the City Attorney joins us in recommending favorable approval of the settlement this afternoon. Chair Sanchez: All right. Mr. City Attorney, your recommendation is to settle this? Mr. Fernandez: Yes, sir. Chair Sanchez: All right. It is a resolution. Is there a motion? Commissioner Gonzalez: I'll move the settlement. Chair Sanchez: There is a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Before we do that, is there anyone here to address this item? It's a public hearing. Please step forward and be identified. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any discussion on this? Commissioner Sarnoff What is the likelihood of the City -- I apologize. What is the likelihood of the property generating more than $6.45 million? Mr. Guso: The direct answer is quite high, but $6.45 million is the proceeds that are allocable to Wynwood -- Commissioner Sarnoff Correct. City ofMiami Page 79 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Hr. Guso: -- because -- Commissioner Sarnoff That's when the City starts its participation -- Hr. Guso: That's correct. That's correct. Commissioner Sarnoff -- and the sale will occur from the bankruptcy court? Mr. Guso: That's correct. An element of the settlement is that any contract that Wynwood negotiates is subject to bankruptcy court approval, including higher and better offers at a public auction. Commissioner Sarnoff Is Judge Crystal (phonetic) the judge in front of this? Hr. Guso: He is the judge that's presiding over this case. Commissioner Sarnoff Okay. Chair Sanchez: All right. Any further discussion on this? If not -- let me just say this. This goes back to what, 1990? Hr. Guso: At least -- Chair Sanchez: All right -- Hr. Guso: --1985 was the first -- Chair Sanchez: -- and let me just give you my sentiments on this. I don't think any of us were here on that, but after reviewing everything and studying the whole issue, this deal stunk then and it stinks today, and we have our predecessors to thank for us to -- making this decision today. I'll tell you the good side about all this. One is that we'll be able to get this property tax as quickly as possible right back on our tax roll. Second, it's not fair to Allapattah and it's not fair to Overtown to have that piece of property there destroying the quality of life in those neighborhoods. I mean, that's a crack haven place where -- I mean, it is destroying the quality of life. Now the thing that eats me is that it's our property and we hold the mortgage, and we can't enforce it or foreclose on it -- Hr. Guso: That's correct. Chair Sanchez: -- so we have no other choice than to swallow this bitter pill of a settlement. I just wanted to put that on the record. Hr. Guso: I understand the Commissioner's sentiments, and your analysis is entirely correct. I think that the -- Chair Sanchez: And I've even told -- I considered saying, hey, listen, let's continue to litigate, but basically the legal recommendation is that he advised against it because there is no upside to this whatsoever, so -- Hr. Fernandez: No. Chair Sanchez: -- therefore, based on the recommendation of the City Attorney and yours and the conditions that are set forth, I would have to support this horrible deal. City ofMiami Page 80 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Fernandez: Now, Mr. Chairman, we've -- we're still paying back HUD (Department of Housing and Urban Development) for monies for the initial loan. However much we're able to recover according to the sale that we make, that money would then come to the City and would be applied to finish or to contribute for us paying off the debt that we still have. Commissioner Sarnoff How much debt do we still have? Mr. Fernandez: I believe it's close to $3 million, two point something. Commissioner Sarnoff Right. It's worth -- Chair Sanchez: Which I guarantee you we won't get nowhere near that, but it's all right. Listen, we got to move on. It's the price we have to pay. All right. Any discussion on the item? If not, there's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All -- anyone in opposition, say "no, " so it passes unanimously. Mr. Fernandez: Thank you. RE.14 07-01470 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 JOHNNY V. COLSON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $300,000, 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, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-01470 Legislation.pdf 07-01470 Cover Memo.pdf 07-01470 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0708 Jorge L. Fernandez (City Attorney): Mr. Chairman, there is three other -- Chair Sanchez: Yes. RE -- Mr. Fernandez: -- settlements. Chair Sanchez: --14. Mr. Fernandez: Yes. I would like for you to consider RE.11, 14, and 15, and the other two settlements that we have, they can wait, but certainly, 11, 14, and 15. 14 and 15 are two City ofMiami Page 81 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 workers' compensation settlements of individuals -- City employees that have been injured. They have sustained major injuries, and they have been permanently and totally disabled. These settlements are certainly in the best interest of the City because we're able to -- actually, in settling with the claimants, we're able to close the files and limit the future exposure and liability of the City. Chair Sanchez: All right, but let's go ahead and take RE.14 and 15. All right. RE.14, it's a settlement. Commissioner Sarnoff So moved. Chair Sanchez: All right. Well, why don't we have the attorney come up and say something about the -- Mr. Fernandez: Certainly. Chair Sanchez: -- settlement, all right? We need to put something into the record. Mr. Fernandez: Yes. He's coming. He'll be here momentarily. Number 14 is the settlement of -- the employee's name is Johnny Colson, and he is an employee with the Police Department. He's 56 years old, and Mr. Juliachs from my office will be able to answer any particular questions -- Chair Sanchez: Just -- Mr. Fernandez: -- you may have in this regard. Chair Sanchez: -- put something into the record as to what is it that we're voting for. People on -- that are seeing us on TV (Television) need to know exactly what we're voting on. William Juliachs (Assistant City Attorney): Workers' compensation claims are claims that are -- they can be lifelong claims, and what we are doing right now is we are basically reaching an arms -length voluntary agreement between the parties, which both sides have deemed to be in their best interests. Chair Sanchez: All right, so let me just ask you. The total exposure is more than half a million dollars, right? Mr. Juliachs: Yes, it can -- yes. Chair Sanchez: So this is settlement -- Mr. Juliachs: It can be. Chair Sanchez: It can be, but this settlement is for $300, 000? Mr. Juliachs: Yes. Chair Sanchez: So basically we're looking at a settlement that's roughly about fifty cents to a dollar? Mr. Juliachs: Yes. Chair Sanchez: All right. That's it. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I didn't get that name, please, for the City ofMiami Page 82 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 record, the attorney's name. Commissioner Sarnoff You need just -- Chair Sanchez: Oh, the attorney? Commissioner Sarnoff -- to put your name on -- Mr. Juliachs: My name is William Juliachs. Ms. Thompson: Thank you. Chair Sanchez: All right. There's a motion already proffered by Commissioner Sarnoff, seconded by Commissioner -- Commissioner Gonzalez: Second. Chair Sanchez: -- Gonzalez on the case. It's a resolution. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any further discussion on this item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0, Madam Clerk. RE.15 07-01471 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 YURY CABRERA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $225,000, 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, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-01471 Legislation.pdf 07-01471 Cover Memo.pdf 07-01471 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0709 Chair Sanchez: RE.15 is also a settlement. Jorge L. Fernandez (City Attorney): Yes. This is another workers' compensation claim by Yury City ofMiami Page 83 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Cabrera, the City ofMiami Solid Waste employee, andMr. Juliachs is here to answer any particulars that you have. Commissioner Sarnoff Can you just give us our total exposure so they could see how we're settling? William Juliachs (Assistant City Attorney): Yes. Mr. Cabrera has had injuries to his lumbar spine. Mr. Cabrera is a Solid Waste employee who has been told that he will likely not be able to return to the type of work that he had done prior to his accident. Under the circumstances and given the pain medications that he's taken, the treatments that he's had, the surgeries that he's had, we have deemed that this settlement is in the best interest of the City ofMiami, as, again, workers' compensation cases can be lifelong, and that's a double-edged sword for both sides. You know, obviously, we have a right to investigate, and we can continue to investigate. This is something that we always do, and they also have the opportunity to continue to claim benefits, so when we come to these washouts, what we're doing is we're reaching an arms length agreement where we're both equally unhappy. Commissioner Sarnoff What's the total exposure you think in this case if all sets of circumstances remain constant? Mr. Fernandez: Given his life expectancy -- he's in the mid-40's -- when you look at his life expectancy and you consider that he's entitled both to indemnity payments as well as to the medical care, you're looking perhaps in excess of a million dollars. Commissioner Sarnoff Right. This is a twenty-five cents on the dollar settlement. Mr. Fernandez: Exactly, and settling -- Commissioner Sarnoff That's all. Mr. Fernandez: -- at this time for this amount is certainly a good deal for the City. Commissioner Sarnoff So -- Mr. Juliachs: And that is -- again, given the current consumption rate, that's exactly what the exposure could be. Commissioner Sarnoff They just -- what we want to just do is create a record so you could tell us that -- Mr. Juliachs: Yes. Commissioner Sarnoff -- so we understand what we're voting on. I'll so move the resolution. Chair Sanchez: All right. There's a -- Commissioner Gonzalez: Sec -- Chair Sanchez: -- motion to approve RE.15 by Commissioner Sarnoff second -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Gonzalez. The item is under discussion. All right. We'll open it up to the public. It's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none, the public hearing is closed, coming back City ofMiami Page 84 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 to the Commission. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.16 07-01473 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE EMERGENCY REPAIRS ON THE THIRD, SECOND AND FIRST FLOORS OF THE DEPARTMENT OF POLICE HEADQUARTERS BUILDING ("DEPARTMENT HEADQUARTERS"), DUE TO THE NEGLIGENCE OF CARIVON CONSTRUCTION, INC., CAUSED BY BREAKING THE WATER LINE AT THE DEPARTMENT HEADQUARTERS DURING THEIR RENOVATION OF THE THIRD FLOOR BATHROOM; AUTHORIZING THE VARIOUS PROCUREMENTS AND PAYMENTS TO INGERSOLL RAND EQUIPMENT AND SERVICES, FOR REPAIRING DAMAGES TO THE SECURITY SYSTEM, IN THE AMOUNT NOT TO EXCEED $24,998.89; DELL INC., FOR THE PURCHASE AND REPLACEMENT OF DAMAGED DESKTOP COMPUTERS, IN THE AMOUNT NOT TO EXCEED $2,180.88; VISTA BUILDING MAINTENANCE SERVICES, INC., FOR PROVIDING JANITORIAL/CLEANING SERVICES, IN THE AMOUNT NOT TO EXCEED $2,096; PLASCO, INC., FOR THE PURCHASE OF EMPLOYEE IDENTIFICATION EQUIPMENT, IN THE AMOUNT NOT TO EXCEED $11,454.71; AVAYA INC., FOR THE RESTORATION OF THE TELEPHONE COMMUNICATION SYSTEM, IN THE AMOUNT NOT TO EXCEED $10,613; BAY PLUMBING CO., FOR REPAIRING THE DAMAGED WATER LINE, IN THE AMOUNT NOT TO EXCEED $379.15; AND TOTAL CONSTRUCTION MAINTENANCE CORP., TO REPAIR STRUCTURAL DAMAGES, IN THE AMOUNT NOT TO EXCEED $7,800, FOR A TOTAL AMOUNT NOT TO EXCEED $59,522.63; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 0001.191654.534000.0000. 07-01473 Legislation.pdf 07-01473 Summary Form.pdf 07-01473 I nvoices. pdf 07-01473 Memo.pdf 07-01473 Pictures.pdf 07-01473-Submittal-Summary Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0706 Chair Sanchez: Let's do RE.16, which is an emergency repair for the police headquarter building that's going to be requiring a four fifth vote. Who's going to handle that one? Let's go, let's go, let's go. City ofMiami Page 85 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Glenn Marcos (Director, Purchasing): The item before you is an emergency that was caused by one of the confractors that was working on a bathroom in the Miami Police Department headquarters. That contractor went ahead and burst a pipe, and therefore we had to call service -- various service providers to address the actual emergency, so therefore, we're seeking authorization from the City Commission to pay these confractors the total amount of $59, 000. The breakdown amount is part of your back-up documentation, and so, therefore, this is a four fifth vote that we are seeking from the City Commission. Chair Sanchez: All right. Commissioner Gonzalez: I move RE.16. Vice Chair Spence -Jones: Second. I -- only thing I want to just add on to it, Glenn Marcos, so that I'm clear, regarding the issue of the emergency repair, are we doing anything to get our monies back? Mr. Marcos: Yes. We -- Pedro G. Hernandez (City Manager): Yes -- Mr. Marcos: -- are current -- Mr. Hernandez: -- we are, Commissioner. I want to point out that the reason that -- the purpose behind this item is to be able to pay the people that did respond to us and help us in re -- making the repairs immediately. We are pursuing, through the insurance company, the reimbursement to the City. Mr. Marcos: That is correct. We are currently under negotiation with the insurance company. They made a counteroffer that is not acceptable to the City. We want to be reimbursed the full amount of $59, 000. Vice Chair Spence -Jones: Okay. I just wanted to make sure that we were doing whatever to get the money back. That's all. Chair Sanchez: All right. RE.16. Vice Chair Spence -Jones: We just did RE.16. Chair Sanchez: No. We haven't voted on it. There's a motion -- Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: We did vote on it? Commissioner Sarnoff No. You're right, you're right. Chair Sanchez: I'm right. Vice Chair Spence -Jones: Okay. Priscilla A. Thompson (City Clerk): There's a motion and a second, and you need to vote. Commissioner Sarnoff Right. City ofMiami Page 86 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: We need to vote on it. We need a motion and a second. Is there a motion and a second? Ms. Thompson: Yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: Public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back for a vote. It requires a four fifth. All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0. RE.17 07-01456 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Transportation ATTACHMENT(S), RELATING TO THE PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT ("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT ("AGREEMENT") FOR THE PROJECT AMONG THE FLORIDA DEPARTMENT OF TRANSPORTATION, MIAMI-DADE COUNTY, AND THE CITY OF MIAMI ("CITY"), IN SUBSTANTIALLY THE ATTACHED FORM, WHICH PROVIDES FOR A FINANCIAL CONTRIBUTION FROM THE CITY OF $55 MILLION, CONSISTING OF A $5 MILLION CONTRIBUTION IN LAND RIGHTS -OF -WAY AND A CASH CONTRIBUTION IN THE PRINCIPAL SUM OF $50 MILLION, TO BE FUNDED FROM OMNI COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUES AND BACKED BY STATE OF FLORIDA SHARED REVENUES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE REQUIRED UNDER THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL, INCLUDING SPECIFICALLY THE EASEMENTS DESCRIBED AND ATTACHED AS EXHIBITS TO THE AGREEMENT. 07-01456 Legislation.pdf 07-01456 Exhibit.pdf 07-01456 Exhibit 2.pdf 07-01456 Summary Form.pdf 07-01456 Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Noes: 2 - Commissioner Gonzalez and Regalado R-07-0697 Chair Sanchez: All right. Okay, we move on to RE.17. Jorge L. Fernandez (City Attorney): No. Don't you want to do the tunnel? Chair Sanchez: Yeah, RE.17. Mr. Fernandez: Right. City ofMiami Page 87 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: No, we're not going to have any lunch today. Vice Chair Spence -Jones: Okay. Chair Sanchez: RE.17. All right, listen. Why don't we do something? Why don't we do RE.17, 18, and then we'll break for lunch? Pedro G. Hernandez (City Manager): Okay. Chair Sanchez: All right? Okay, RE.17. That's the tunnel. Now, basically, we voted on the tunnel in the global package, so we would just have to vote for it now, right? Commissioner Sarnoff Correct. Mr. Hernandez: In essence, Commissioners, Mr. Chairman, we do -- we have -- we've talked about the tunnel already as part of the global. I want to, you know, state that we do have the Port ofMiami director here, his staff is here. We have Johnny Martinez also from the FDOT (Florida Department of Transportation), the district secretary, so we have the seaport, we have the State, if you have any questions on those issues. Chair Sanchez: I do have questions. Johnny, are you here? Johnny Martinez: I'm here. Chair Sanchez: Johnny, could you just step up. Let's fry to move this along, as we can. Johnny, my concern is the employees that work inside the Port, okay. It is my understanding, through sitting down with you, that there's a certain amount of money that is -- if we don't go over that -- well, if you don't go over that money, because we have no business in the tunnel, we're giving you the 50 millions, you selected the company, and you're going to get it done. If for somehow for -- there's no unforeseen problems, there is a good chance that there will be no tolls in the tunnel. Is that correct? Mr. Martinez: That is correct. Life will be as usual for the workers inside on the Port. Chair Sanchez: Okay. Now, the other issue that I have is if we're building a tunnel, the truckers will have --would -- by law, would they be forced to use that tunnel or will they still be able to use the other entrance into the Port? Mr. Martinez: No. By law, they wouldn't have to use the tunnel. We would -- yeah. Chair Sanchez: Well -- Mr. Martinez: Right. Chair Sanchez: -- that's the issue. I mean, if we're building a tunnel here, we're building a tunnel for the trucks. Mr. Martinez: Yeah, we're building a tunnel. If there are no tolls, we would have to restrict the truckers for using Port Boulevard. If there's a toll, which most -- hopefully, there wouldn't be, both access points would be tolled, and there -- the logical venue is for the truckers to stay on the limited access system and go directly into the Port. That's the purpose of the tunnel, to get the trucks off the street. No one's going to get off 395 or I-95, navigate through seven signals and go into the Port, so the likelihood of the trucker staying on the limited access system is very high. Chair Sanchez: Okay. Any other question --? City ofMiami Page 88 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Hernandez: Mr. Chairman, maybe as a clarification on that point. Our plan, working with the County, is to actually sign those streets as no thru trucks; only exception will be trucks that have hazmat material. Commissioner Sarnoff Right. You can't -- Mr. Hernandez: Other than that, there'll be no -- Commissioner Sarnoff -- put a flammable liquid or -- Mr. Hernandez: Right. Commissioner Sarnoff -- a combustible -- Mr. Martinez: In the tunnel. Commissioner Sarnoff -- material in the tunnel. Mr. Martinez: That is correct. Mr. Hernandez: But other than that, there will be no thru trucks on 5th -- Commissioner Sarnoff Right. Mr. Hernandez: -- 6th, 1st Avenue, 2ndAvenue. Chair Sanchez: All right. Commissioner Gonzalez: What about --? Oh, I'm sorry. Chair Sanchez: It's okay. No, I would yield to you. Go ahead, and then I'll -- Commissioner Gonzalez: No. Go ahead, go ahead. Commissioner Regalado: I -- just a question. I -- today I spoke to State Representative Julio Robaina, and he said that they -- there is no need for the money, in case that the tunnel is not built. There is no need for the money to be allocated somewhere else; that they can still allocate it for projects within District 6 of South Florida, the fri-county area, such a flyover on I-395, or whatever else. I just like to understand because, like he's on the finance committee and transportation, and Mr. Secretary, I just want to understand. Mr. Martinez: I'll be more than glad to clarify that. These are growth management funds. They -- those come from a statewide pot that go to big -ticket projects that support -- like what you've heard both Managers and the Mayor say projects of economic significance that are the backbone of the economy of Florida. As such, the Port ofMiami qualified for that project, and obviously, was rated very high, and that's why we're having that special allotment of funds allocated to the Port. Congestion projects, a fly over here and there would not rise to the level that those growth management funds would be used for. There's huge projects throughout the state -- you know, I-75, the I-4 corridor, I-595, which most -- in all likelihood, we're not going to sit back and let the money goes [sic] elsewhere. We'll give it a good try, but in all likelihood, it will go to other places in Dade County. This was the top ticket item voted on and supported by this community, and as such, the funds were allocated for the port tunnel because it's a project that supports the economy of this region, of this area, and that's -- and it needs to pass that test to qualify for these funds, and there's other projects throughout the states that haven't been as City ofMiami Page 89 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 fortunate as the port tunnel to receive those, and remember, they're growth management funds. We've had a strong economy -- Chair Sanchez: Yeah. Mr. Martinez: -- they built up, and that was built up. As a matter offact, the -- if we don't use the funds, the wor -- the best case scenario is that it goes to transportation needs somewhere else in Florida, but it could go back to the general revenue, and that could be a reality because there's a shortfall in dock stamps, there's a shortfall in fuel. The gallons that are -- the fuel that's being used that generates the tax to -- that goes into the trust fund for these projects, so we need the money to stay here. Commissioner Regalado: The other question is you just said that there will be no tolls. Mr. Martinez: No what? Chair Sanchez: Tolls. Commissioner Regalado: No tolls. Mr. Martinez: No, I didn't say that. I said if the -- I think what Commissioner Sarnoff was alluding to was if the -- we have a reserve. We have like $115 million of continuously reserve money. If that money is not accessed, there will not be a need for the tolls. If we go on, I think, beyond 43 million, and then the -- our toll structure would have to be in place to pay the debt service of accessing that money. Commissioner Regalado: Okay, but we don't know how much the tolls will be? Mr. Martinez: Yeah. We would know depending on how much -- Commissioner Regalado: How much money. Mr. Martinez: -- money is being accessed from that contingency fund. Commissioner Regalado: But that money will be County's or -- Mr. Martinez: No. That will be a -- Commissioner Regalado: -- it would be returning to the County or to FDOT (Florida Department of Transportation)? Mr. Martinez: No. It would be a toll that the County imposes to pay the debt service. It's not money that they will put in their pockets. It's money to just pay the debt service and nothing else. It's not going to be excess money generated that's going to go to their general revenue or anything like that. It's just to pay the debt service. Commissioner Regalado: Okay. Thank you, sir. Chair Sanchez: All right. Commissioner Regalado: I -- Mr. Chairman -- Commissioner Gonzalez: Yeah. Commissioner Regalado: -- I have a question for the Port director, if possible, because -- City ofMiami Page 90 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: Okay, hold on. We'll get to the Port director after. Let's go with Commissioner Gonzalez, then the Vice Chair. Commissioner Gonzalez: There has been a concern from the -- Jesus Christ -- industry that had the cruise lines at the Port that they -- supposedly they're going to be charged "X" amount of dollars for passenger using the tunnel on top of what they already paying. Mr. Martinez: Mr. Johnson. Bill Johnson: Good afternoon, Commissioners. Bill Johnson, port director. I'm sorry, Commissioner. The question was we posted -- Commissioner Gonzalez: The question is -- Mr. Johnson: -- signs about a toll? Commissioner Gonzalez: -- that the cruise industry already paid "X" amount of dollars for the Port per passenger. There is a concern that in addition to that, there are plans to charge them for the use of the tunnel. Mr. Johnson: No, sir. Again, the question was if there is a need for the tunnel for a tariff, that wouldn't be determined probably until somewhere around 2011, and if there is, then there -- we would, of course, look at the source of funds that would be necessary, and again, we would look to both cargo as well as cruise in terms of how that would pan out, how that would actually be determined. It isn't determined yet;; wouldn't be determined till some time around 2011, again, depending on the progress of the work, if there's a need, but currently, the Port's confribution, their minimum confribution is 43.5 million. The Port can absorb that in its normal growth. If there is a call based on need, mostly geotechnical, then the Port would share dollars [sic] for dollar with the state of Florida on those calls, as the secretary alluded. It's a total of two -- of $200 million pot; a hundred million from the State; a hundred million from the County coming from the Port. If we go north of our minimum of 43.5, yes, then the Port would need to look at some other alternative source, but of course, we would continue our open dialogue and our discussion with both cargo and cruise partners, as well as with the Commission, in terms of what that would represent. Commissioner Gonzalez: I hope that whatever you need -- whatever you do it be minimized because, you know, I know that we're losing cargo business to other ports, and we don't want to start losing the cruise lines -- Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: -- also through another port, so you know, everybody's talking about jobs. That industry also creates a lot of jobs -- Commissioner Sarnoff It does. Commissioner Gonzalez: -- so, you know. Mr. Johnson: IfI could, just one moment so I could it on the record for those at home listening. The Port ofMiami is the largest cruise port in the world. We are working very hard to continue to maintain that. We're number one in terms of passengers. We have record numbers this year. I'm also -- we're working just as hard not to be the largest in terms of passenger count, but also the best in terms of quality of service, in terms of the amenities and projects. We have been working hard. We will be making announcements very soon in terms of a long-term volume City ofMiami Page 91 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 incentive agreement with one of the world's largest cruise lines, who will be committing in long-term to the Port ofMiami, increased passengers. On the cargo side, we have had some decline in numbers. We're working very hard to change that. We've been very, very aggressive working with our existing cargo partners on new business deals. Those are coming out very soon in the first quarter of '08 to the County Commission for review and consideration to strengthen the economics of our port, but most importantly, they provide the incentives for the shipping lines to actually bring more volume. I will tell you, and I'll conclude on this remark, on my visit last April to Shanghai in Hong Kong, shipping lines -- the number one question out of the top ownership in management of these shipping lines, Mr. Port Director, what are you doing about congestion on and into your port? Where is the port tunnel? This is in China. This is across the world. What are you doing to deal with congestion on the downtown streets entering and exiting your port? Thank you. " Commissioner Regalado: Mr. Director, can I --? Mr. Johnson: Yes, sir. Commissioner Regalado: I don't think there is a tunnel in Hong Kong. Mr. Johnson: Yes, there's tunnels throughout -- if you go to Asia, if you go to China, Hong Kong, there are tunnels by far deeper, longer -- I'm not saying specifically to their port, but there could be; I don't recall, but, yes. Commissioner Regalado: I understand that. There is no docking in Hong Kong. All the containers are taken in barges out into the sea. If you see all these big cranes, they're being taken in barges. Trucks come in -- I mean, not trucks, railroads bring the containers; they put it in the barges, and the barges go out. There is no ships coming into the Port, but that's just a story. In terms of the dredging of the Port, the US Army Corps of Engineers will be doing some work. When that dredging will be ready so more -- or ships with more lug can come into the Port? Mr. Johnson: Thank you, Commissioner. That's an excellent question. I should say -- and again, put this in context. The Port ofMiami is our second largest economic engine in our community. In 2006 we generated 16 billion, billion 16 to the economy. Thirteen billion of that is from cargo. It's 110, 000 jobs direct, indirect. We did three billion in cruise in 2006; both significant numbers; both significant partners, cargo and cruise. In terms of where we're heading with dredging, I'm very pleased to say that your port is the only port in the state of Florida, in one of a handful of ports in the United States this past fall that was named in the new water bill called WRDA (Water Resources Development Act). The Port ofMiami has now legally been authorized to dredge to 50 feet on the south side, the cargo side. Fifty feet will allow the Port ofMiami to bring in, with our cargo partners, some of the largest cargo vessels in the world. We literally, within the next 12, 15 years, can double. We're talking 12, 13 billion, tens of thousands of additional jobs because of the ability to have a tunnel and the ability to go to 50 feet on the cargo side. We're on the move and it's all positive. Commissioner Regalado: And here on this dais we had a Blue Ribbon Committee about the Port. I don't know if you remember back. We -- it was organized by the teamster unions, and we had like 200 truckers came into this hall, and the report was given to the County. At that time, you weren't -- you were not -- were the director, but I think that the County Manager was the County Manager at that time. The complaint of the truckers was the congo (phonetic) lines, the hours and hours of waiting, and one wonders, well, you know, we're talking quality of life, and Commissioner Sarnoff represents -- Commissioner Sarnoff It is? City ofMiami Page 92 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Regalado: -- downtown. There are issues that have not even been discussed, like for instance, the pollution coming to Bayside because of those congo (phonetic) lines; truckers would have to wait for you three an four hours with their engine on idling in order to unload the merchandise. Is that going to continue or --? Mr. Johnson: Commissioner, excellent question. I'm very, very pleased to say and again to you here this body, as well as to those at home, we will, on Monday, officially open our new 16 gatehouse -- cargo gate project. It is the most state -of -art facility in Florida, probably on the east coast of the United States, at a cost of nearly $20 million. This will allow us to process inbound traffic, cargo traffic, exclusively cargo traffic in two minutes or less, so that problem has been addressed. We've been hard at work with our cargo partners. They've improved. Palm Talk (phonetic) has invested upwards offive million for a new gatehouse facility, the world's largest shipping line, which is at our port, "Mers" largest shipping line has invested also millions in a new gatehouse facility, and Seaboard Marine soon will also invest several million themselves in terms of a new gatehouse facility. We were the first port in the southeast, I believe the first port in Florida, of course, to put in radiation monitors this past March for dirty bombs and devices. All this is integrated into our 16 gatehouse, 10 gates in, 6 gates out, the most modern facility in our state. That addresses that issue, sir. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff The Port ofMiami has had a very tortured history. It has occupied the most important port in the state of Florida and, arguably, could be considered the third most important port in the United States. At one time she was owned by the City ofMiami, but through the judgment of those who sat on the dais before us, she was sold to the County. Commissioner Regalado: Sold, not given. Commissioner Sarnoff What's that? Commissioner Regalado: Given. Commissioner Sarnoff Given. I apologize. Not even fair return. Commissioner Regalado: Right. Commissioner Sarnoff Her economic impact to the City -- to the Florida, in general, she provides 98, 000 jobs in the fri-county area, and an additional 4, 000 jobs in the state of Florida. She provides $5.6 billion in personal income; 5.4 billion of that money stays in Miami -Dade County; 2.2 billion stays in the City ofMiami; private sector jobs, which are the jobs that you, as citizens, should care about, 81, 000 jobs, directly or indirectly, from the Port ofMiami. To our Commissioners, because it's really about us. What's in it for us? District 1, she provides 1,705 direct jobs; District 2, 10,153 jobs; Disfrict 3, 1, 603 jobs; Disfrict 4, 1,951 jobs; District 5, 1,882 jobs. To the various districts in terms of income: District 1, she provides $75 million; Disfrict 2, $318 million; District 3, $104 million; District 4, $122 million; District 5, $65 million. She is a producer. She is the biggest economic engine, I believe, in the Miami -Dade County area. You could argue the airport is larger, but you cannot do the rule of seven. Seventy thousand dollars is what she ordinarily brings to the people who work there. Seventy thousand dollars. If you go to work and you don't wear a tie and you work in Miami -Dade County, there's a 70 percent chance that you work at the Port ofMiami. That's a good job. She's under siege. Two reasons: 25,000 vehicles per day traverse Biscayne Boulevard and the Central Business Disfrict. It's projected that by the year 2035, 70,000 vehicles will occupy our streets per day directly reported to the Port ofMiami and that would be if the Port was still there. She's in City ofMiami Page 93 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 trouble. Do you know why she's in frouble? The Port ofJacksonville. She's in trouble because of Port Bahamas. She's in frouble because of Port Everglades, and do you know why she's really in frouble? And I know this is political, and I apologize. Port Cuba, PortMariel. Dubai world just invested $300 million to PortMariel, just west of Havana. Don't take my word for it. It's in the Miami Herald, and any of the Commissioners can verify this. It is projected that PortMariel will receive $1.2 billion for a terminal facility. I suggest to you that $1.2 million to Cuba can build quite a facility. For those of you that don't know this, Port Jacksonville and PortMariel have a very strange link the management companies to each other. I can pretty assure -- pretty much assure you that cargo will be broken down in PortMariel and brought through -- transshipment to Jacksonville via a very contemporaneous and very close relationship. That port will be operational by 2012. In five years, PortMariel will be a huge thriving port if we don't help PortMiami. PortMiami is the lifeblood to too many of us. It is the same size. It has the same occupation as the BMW plant does to Spartanburg, South Carolina. If you wanted to open up a car manufacturing plant -- and I suggest to you that any one of us would have probably welcomed those kind of jobs -- the BMW plant in Spartanburg employs 17,000 people; average pay, $35, 000. You have twice the average pay in the Port ofMiami. Do not imperil her through any kind of parochial attitude or brinksmanship [sic]. Do not believe that something else can be designed or can be considered. I wasn't here when the port tunnel was thought. I wasn't here to give my input. I've asked every question from the Rotterdam question, which is where you turn around and you transship your goods by use of rail. Those were answered for me. I suggested that we have a breakdown facility at the Port, and use the Port -- the Miami River. Those answers were provided to me. I was even asked questions about what people call the non -tunneling manner of doing it, where you do -- what is it called? Unidentified Speaker: Open cutting. Commissioner Sarnoff Open cutting. Those answers were provided to me. It's not what we should have done. It's not whether we should have gone up 5th Sfreet, whether we should have gone 11 th Sfreet; whether we should have built all the way to Medley. I am -- I believe -- this has been told to me and I've confirmed this when I was up in Tallahassee. On December 18, the money, the $457 million leaves this project, and that money will likely go to the I-4 corridor in Tampa, where they've been waiting for their large-scale project, so it's not what you think you should have done. It's not what you could have done, and it's not a game of brinksmanship [sic] with 17, 000 jobs. I'll suggest to you that in ten years, if we do not build a tunnel, you will have either a minor port or no port at all, and we'll be dividing up how to create housing out there, and you will have once again lost 17,000 of the best paying jobs in the tri-county area. I suggest to you that you probably as a board -- us as a Board has never decided a more important project that provides and preserves more jobs than anything we've ever sat up here before. Chair Sanchez: Commissioner -- Vice Chair Spence -Jones. Vice Chair Spence -Jones: Thank you, Mr. Chairman. Again, I've stated already thatl don't have a problem with the tunnel. I think that definitely will create the jobs that are necessary, and I'm glad you gave me the breakdown too of the 17, 000 jobs that will actually be coming to the area, whether or not they be permanent or temporary. Definitely, because of all of the work that we put into the area, the Parkwest area, we really do feel that it's important to get the trucks off the street, so I support that wholeheartedly. Again, I've already -- I just want to make sure on this item -- reiterated why -- the only reason why I would support the Port, and that's just making sure that none of those dollars will be coming from the Southeast Overtown/Parkwest pot of money, and I've been told that that's not going to happen. My understanding, however, that it will be coming from the Omni side of it, so the district Commissioner seem fine with that, so I don't have an issue with that. I do want to say to FDOT. First of all, I want to thank you so very much. I know we're working on so many different things in my district, and I really appreciate your whole team coming to meet with me to really address the issues and concerns, not just in that particular area, but throughout my whole district, so I want to officially tell you thank you, City ofMiami Page 94 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 and we have not had -- or I -- at least since I've been in office, I've not had anybody from that Administration that has been as responsive as you in getting some of this stuff done and your team, so I want to tell you thank you for that, and I -- so that was really important. I just want to add three things that think that we need to make sure that we also consider, and that is the local participation on -- again, I just want to put that on the record, butl think it's exfremely important that when we start talking about spending this type of revenue in the area, that we definitely have something built into the agreement that focuses on local participation throughout the City ofMiami. I think it's important for us to get local businesses, minority businesses involved in that whole project. The other thing that wanted to add to it -- well, hopefully, we'll be able to get that moving is the training program that you and I discussed that we were going to be offering in that particular area of Overtown that will provide the people with training before the jobs actually come. Because we could have all the jobs, but if the people are not prepared for the jobs coming, then we're going to have to get people from other places to do them, so I just want to make sure that commitment remains there, to provide the necessary training program. Whether or not it be in my district or another district, that's fine, but -- of course, I'd like to have it in the Overtown area if we could, butl -- I think it's extremely important to have a training program put in place as a part of this agreement. I think that it's also extremely important, number three, is that there's a strong outreach campaign that's put in place to make sure that all of the residents know from day one to day -- I don't know, whenever it ends, that folks know exactly what's happening with the tunnel, so -- I mean, you have done a lot of outreach -based events in the past, but a lot of times they're not as successful with getting people to come out, and I don't know if it's the method in which you kind of promote people coming to your FDOT meetings, butl do want to make sure that you really push hard to figure out a way to make sure the citizens ofMiami really know what's happening with the Port; they're not the last ones to know, and then, of course, the end part of it, which I mentioned earlier, butt want to officially put back on the record is I really want to make sure that you coordinate with the longshoremen. I think that they're -- for my district, they're exfremely important. They are that $70, 000, Commissioner Sarnoff, group and above the longshoremen that make decent money, and now that we're going to be building all this wonderful housing from this wonderful item that we just voted on prior to this, we'll have the housing in place to accommodate them, butt want to make sure that you at least coordinate with the longshoremen so that at least you get their input on the things that they're concerned about. One of the things I know is the toll and whether or not the workers do have to pay to go back and forth on the toll. I think it's exfremely important that we don't make it a hindrance to the folks that are having to go to work across the toll, if there is going to be a toll, and that is -- that's my only four comments, butl don't think they're big things, butl think that they're important things. Mr. Martinez: They're very important things. It's very important for us, as well as you, to have the workforce align trained and in the line with the contractors that's also a strong desire on behalf of the County to also do the same thing, and we've been doing that already. We're ahead of the game in trying to align the workforce with the contractor, and we have a group in place that's going to be responsible training the workforce so they would be ready to do the work. Vice Chair Spence -Jones: Okay, so -- just so that I'm clear -- and I think Commissioner Gonzalez mentioned it earlier about either the workers that are going to the cruise line -- did you say workers? Commissioner Gonzalez: Um -hum. Vice Chair Spence -Jones: Okay, workers -- Commissioner Gonzalez: And passengers. Vice Chair Spence -Jones: -- and passengers. At this point we're not clear whether or not they have to pay or not, correct? City ofMiami Page 95 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Martinez: That is correct. Vice Chair Spence -Jones: Okay, but for the folks that are actually working there every single day, is there going -- is there any way that anything can be put into this to make sure that they're not being hindered because of this? Mr. Martinez: That's something that the director and the County will look at later, depending on whether we have to access that contingency fund or not. Vice Chair Spence -Jones: Okay. I want to just make sure that I officially put that on the record Mr. Martinez: Yeah, absolutely. That's -- Vice Chair Spence -Jones: -- that it's extremely important that we do that -- Mr. Martinez: -- it's on everyone's radar screen. Vice Chair Spence -Jones: -- and to make sure you coordinate with the longshoremen on their issues and concerns with the Port, and thank you very much -- so much for just all of you guys. I really appreciate it. I'm done. Chair Sanchez: All right. No more discussion on the item. It is a public hearing. Anyone from the public wishing to address the issue. I think people already addressed the issue on that, but we don't want to deny anybody the opportunity. Sir, you're recognized for the record. Fred Joseph: 1717 North Bayshore Drive. Fred Joseph. I own property at that location. I'm very happy to see what you're doing to get the frucks off the road. My only concern is I (UNINTELLIGIBLE) with the Chair a while back. It sounds wonderful coming out of the Port. We've watched many a hundreds of truckers going to the Port; stop along Northeast 2nd Avenue, stop on -- stop and have a Cuban coffee, block all the roads, and then -- and no concern whatsoever of what they're doing, so if you're not able to mandate some type of restriction, like Charlotte, North Carolina, that says you'll get a thousand dollar ticket if you're not in the center lane, if you're not somewhere where you're supposed to be, if you don't have the world to see it, that means that all that hazardous waste and all that stuff that can't go through the tunnel is going to be beside me and my grandchildren driving down the boulevard, and we don't know what's driving next to us. If you're afraid of the tunnel blowing up, how are you going to get them off the Port? I hope by rail or some other method so that we're not all jeopardized, because we live there. A lot of our people here behind us don't live there, and a lot of you don't live there. We have to deal with it, and we've been dealing with it since the Port was built. Thank you. Commissioner Gonzalez: We can't afford to live there. Chair Sanchez: All right. No more discussion on it. It's a public hearing. Okay. Rolando Montoya: Yes. Good afternoon. I'm Rolando Montoya, the president of the Wolfson Campus ofMiami Dade College, and I'm here to encourage all of you to vote in favor of this tunnel. We have nine buildings. We are an urban campus, 19,000 students, 1,600 employees. We struggle everyday to reach our campus to park, and then when we move from building to building, we are at risk because of the heavy traffic of all those frucks. Therefore, in order for us to continue growing and to continue serving the community, to continue training the workforce that will be working in all these projects, we encourage you to favor the port tunnel. Thank you. City ofMiami Page 96 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: Thank you. Felipe Matos: Good afternoon. My name is Felipe Matos. I'm the student government association president at the Wolfson campus, Miami Dade College, and I'm here to express student perspective in the tunnel. The problem right now is that we have a lot of trucks going back and forth in all the buildings in which we go everyday, and we have classes in each and every single building, and as we're crossing the streets, we also have to face -- it's almost a truck against students every single day. It is a problem for us. It's an accessibility problem for us, and not only that. What we do is that we spend most of our money in the budget that we have, our personal budget in the nearby restaurants, so we're not only going around the buildings, but we're also going around the downtown area, so this is why the student body at the Wolfson campus is -- favors the tunnel. Thank you. Chair Sanchez: Thank you. Anyone else? All right, the public hearing is closed; coming back to Commission. Is there a motion? Commissioner Sarnoff Move. Commissioner Regalado: Can I ask a question, just a brief question? Maybe somebody can respond. When was the tunnel project first design or -- Commissioner Sarnoff 1988. Commissioner Regalado: -- thought about? It was how many years? Commissioner Sarnoff 1988. Commissioner Regalado: I'm sorry? Vice Chair Spence -Jones: '88. Commissioner Sarnoff 1988. Commissioner Regalado: 1988. Commissioner Sarnoff Is when it was first thought out; am I correct on --? Chair Sanchez: Thought out, not designed. Commissioner Regalado: Oh, 1988? Oh, okay. Oh, no, because I saw a documentary that said that because of the development of the condos in downtown, the tunnel was -- just for the record. Commissioner Sarnoff I think that predates the condos. Commissioner Regalado: It does? Commissioner Sarnoff 1988? Commissioner Regalado: Okay. Chair Sanchez: All right. Anything else? All right, is there a motion? Mr. Fernandez: Mr. Chairman. Chair Sanchez: Yes, sir. City ofMiami Page 97 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Fernandez: Yeah. Before you address a motion, we have been working with the Florida Department of Transportation for the past several weeks, and we have addressed a number of issues that we had identified; and to the credit of everyone, all the issues, but one, has been satisfactorily resolved. There is one issue that need to make you aware so that when you take a vote -- and apparently, will be a vote in favor of the tunnel, from what can see your last vote was -- you need to be aware that the agreement that you're about ready to authorize provides that the City is responsible to FDOT for any cost resulting from delays by the City in discharging its obligations necessary to meet the procurement timeframe established by the RFP (Request for Proposals). The concern with this provision is that the City can potentially be liable for costs of delay the moment you execute the agreement. We sent a letter to FDOT to acknowledge that. As of the date of approval of the agreement by the City Commission, there are no costs for which the City may be responsible, and FDOT has refused to acknowledge that, to sign that, or to give us those assurances, so as you authorize this agreement, I am telling you that there is no guarantee that by signing the agreement, you may not ultimately have already incurred some liabilities. Commissioner Sarnoff Well, I -- well, I'll let you answer that because I think you're going to answer it. Mr. Hernandez: No. I was going to ask the district secretary, Mr. Martinez, to basically address the matter. Chair Sanchez: Well, that's a problem. Mr. Hernandez: We have discussed it. He's assured me that he doesn't have a concern with it; that it shouldn't be a problem, but I'd rather have the secretary -- Vice Chair Spence -Jones: He just needs to put it on the record. Mr. Hernandez: -- put it on the record. Mr. Martinez: I think this is one of these things where I guess there's a reason why there's attorneys in the world. I haven't figured it out yet; sorry, Marc, but I'm not an attorney. Commissioner Sarnoff And I was going to vote for this. Jeez. Mr. Martinez: I'm not an attorney, but brought a couple with me. Randy. Randy Hanna: Thank you. Good afternoon. My name is Randy Hanna with the law firm of Bryant, Miller, and Olive, representing the Florida Department of Transportation in this matter, andl want to say thank you to the CityAttorney's Office also for their diligence in working through these matters, a lot of different issues, and they have been great to work with. We basically have an issue here where we disagree on the intent and the meaning of the language in the agreement, and let me tell you what our belief of the agreement is. It's an agreement that's already been approved by the County, so we need to stick with this language, but let me tell you what our understanding of the agreement is, and other representatives of FDOT are here. The County and the City have a cap on their obligations. FDOT has a cap on the obligations. There is a provision in the agreement that said we all understand that because of delays, there could be increases in the prices under the concession agreement and that FDOT has the right, if it makes the project not feasible, not to sign the concession agreement, okay? The fact that FDOT would sign a concession agreement with a higher price, we do not believe would obligate the City to those higher prices, and we would say to you that before we did that, unless FDOT was going to pay for those increased costs, we would come back to you and have that negotiation. Now, I cannot speak to the concessionaire, but it is our understanding that at this point in time that the concession prices is the same through this day, and so I -- City ofMiami Page 98 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Sarnoff Well, we were certainly told that, that the concession price would be good through this date, and I need a representation -- Chair Sanchez: Yeah. Commissioner Sarnoff -- to this Commission from somebody that will at least act as an estoppel that there is a concession price that is agreed through this date. Mr. Fernandez: There is not. Mr. Hanna. Let me -- can I --? Chair Sanchez: Well, somebody -- Mr. Hanna: It is in writing, and I can represent that on behalf of FDOT. Commissioner Sarnoff Then this Commission's good to go. Mr. Hanna: Okay. Vice Chair Spence -Jones: Okay. Mr. Fernandez: Well, Mr. Chairman, again, their reluctance to comply -- keep in mind, the County signed this agreement back in August; you're signing it the very last possible day -- Commissioner Sarnoff Right. Mr. Fernandez: -- and so in between there is an issue of consideration that very simply could have been addressed by a letter. We're not asking for a modification to the agreement. We're asking for parole evidence. We're asking for a memo, an e-mail (electronic), a letter, something from FDOT that says that as of the date that we signed, we are not -- we have not incurred any additional obligations. Because the language here, interestingly, in the contract says consequences of delay to procurement timeline. The parties recognize that there may be increased costs, including -- that's a critical word that, you know, makes us wonder -- including increases in the concessionaire prices resulting from delays by the County or the City, and the paragraph goes on. It's an issue of risk. If you're not risk -adverse, you can sign and trust and rely on the good representations -- Commissioner Sarnoff No, no, no, no, no. Mr. Fernandez: -- that are made. Commissioner Sarnoff I understand a concept known as promissory estoppel, and I understand that when he got up here and he made a representation to this Commission, that this Commission has the right to rely upon that representation, and I will order a copy of this transcript and make sure that his words, that should anybody vote yes -- Mr. Fernandez: But those -- Commissioner Sarnoff -- act -- Mr. Fernandez: I'm sorry. Commissioner Sarnoff -- well -- City ofMiami Page 99 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Fernandez: I'm sorry, Mr. Sarnoff. Those are the words of -- Commissioner Sarnoff Commissioner Sarnoff. Mr. Fernandez: -- an attorney. Commissioner Sarnoff. If the secretary wants to make that statement on behalf of FDOT -- Commissioner Sarnoff Is that not the secretary's attorney? Mr. Fernandez: I imagine. Mr. Hanna: Yes. Mr. Hernandez: Yes. Mr. Fernandez: He is. Commissioner Sarnoff You're telling me that an agent of a -- Mr. Hernandez: Yes. Commissioner Sarnoff -- disclosed principal cannot make an estoppel statement? Mr. Fernandez: If you want to accept that. We would have a preferred something in writing from FDOT -- Commissioner Sarnoff Oh, I know -- Mr. Fernandez: -- the agency itself. Commissioner Sarnoff -- but we're here now -- Mr. Fernandez: Correct. Commissioner Sarnoff -- and I'm just suggesting that they can be estopped, and I think we can rely upon that. Chair Sanchez: All right. As long as you're satis-- Commissioner Sarnoff Oh, I'm satisfied that when the attorney on behalf of FDOT gets up here and says there's been no change in position and no change or increase in price, I can tell you this, that you will be -- you are estopped into that position. He is making a representation that you are reasonably relying upon. Is everybody relying upon that? Whoever votes yes, I hope you are. Chair Sanchez: I -- Vice Chair Spence -Jones: Definitely. Chair Sanchez: -- certainly am. Commissioner Sarnoff Okay, so I'll make a motion to approve the resolution. Chair Sanchez: All right. There is a motion -- City ofMiami Page 100 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chair Spence -Jones: Second. Chair Sanchez: -- to approve; there's a second. The motion is made by Commissioner Sarnoff second by Vice Chair Spence Jones. All right, any discussion on the item? Hearing none, Madam Clerk, it's a resolution; roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes. Ms. Thompson: The resolution has been passed, 3/2. Now, Chair, this was on RE (Resolution) - RE.18 07-01457 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT ("PROJECT"), AUTHORIZING THE CITY MANAGER TO GRANT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ONE (1) TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 4.39 ACRES, AND TWO (2) PERPETUAL EASEMENTS CONTAINING APPROXIMATELY 2.51 ACRES AND 1.79 ACRES, RESPECTIVELY, ON THE PROPERTIES DESCRIBED IN THE EASEMENT AGREEMENTS, ATTACHED AND INCORPORATED, ALL AS PROVIDED IN THE MASTER AGREEMENT AMONG THE FDOT, MIAMI-DADE COUNTY, AND THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID EASEMENT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS. City ofMiami Page 101 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: 07-01457 Legislation.pdf 07-01457 Exhibit.pdf 07-01457 Exhibit 2.pdf 07-01457 Exhibit 3.pdf 07-01457 Exhibit 4.pdf 07-01457 Exhibit 5.pdf 07-01457 Exhibit 6.pdf 07-01457 Exhibit 7.pdf 07-01457 Exhibit 8.pdf 07-01457 Exhibit 9.pdf 07-01457 Exhibit 10.pdf 07-01457 Exhibit 11.pdf 07-01457 Exhibit 12.pdf 07-01457 Exhibit 13.pdf 07-01457 Exhibit 14.pdf 07-01457 Exhibit 15.pdf 07-01457 Exhibit 16.pdf 07-01457 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Noes: 2 - Commissioner Gonzalez and Regalado R-07-0698 Chair Sanchez: All right, wait, wait, wait, wait. We got another one. We got another one. We got a companion item -- Priscilla A. Thompson (City Clerk): Yes. Chair Sanchez: --18, which is the easement. Laura Billberry (Director): Lori Billberry, Public Facilities. Item RE.18 is the easements in connection with the -- Chair Sanchez: One more; then we'll go to break. Hs. Billberry: -- Port Tunnel project. It provides for one temporary easement on approximately 4.39 acres and two perpetual easements of 2.51 and 2. --1.79 acres, respectively. Chair Sanchez: All right. Before we -- anyone from the public wishing to address this issue, please step forward. Commissioner Gonzalez: What item is that? Jorge L. Fernandez (City Attorney): 18. Hs. Billberry: R -- Mr. Fernandez: RE. 18. Commissioner Gonzalez: Huh? Chair Sanchez: RE.18. City ofMiami Page 102 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Gonzalez: RE.18. Chair Sanchez: All right, the public hearing is closed; coming back to the Commission. Commissioner Sarnoff Make a motion to approve. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff second by Michelle Spence -Jones. Is item is under discussion. Hearing no discussion, it's a resolution. Madam Clerk, read it into the record, followed by a roll call. Ms. Thompson: Sir, you want me to read it into the record? Chair Sanchez: I'm sorry. It's a resolution. All right, roll call. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Vice Chair Spence -Jones: Yes Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes. Ms. Thompson: The resolution has passed, 3/2. Chair Sanchez: All right, we're going to take a recess; go to lunch. We should be back in an hour and a half. We still have a lot of items. Mr. Hernandez: That will be 4:30, sir. Chair Sanchez: 4:30. City ofMiami Page 103 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 DISCUSSION ITEM DI.1 07-01458 DISCUSSION ITEM City Manager's DISCUSSION CONCERNING THE ADOPTION OF THE 2008 STATE Office LEGISLATIVE AGENDA. 07-01458 Summary Form.pdf 07-01458 Priorities.pdf CONTINUED Item DI. I was continued to the Commission meeting currently scheduled for January 10, 2008. City ofMiami Page 104 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 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 07-01421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO POST RULES FOR PARKS WHERE DOGS ARE PERMITTED, AS STATED HEREIN. 07-01421 Legislation.pdf DEFERRED D2.2 07-01422 DISCUSSION ITEM TO DISCUSS THE UTILIZATION OF WELL LOCATED PRIVATELY OWNED VACANT LOTS FOR USE VISUALLY AS "GREEN SPACE". THERE ARE MANY PRIVATELY OWNED VACANT LOTS THROUGHOUT THE CITY. MANY VACANT LOTS ARE VERY VISIBLE BECAUSE THEY ARE ON VERY BUSY STREETS AND VERY BUSY AVENUES. MANY OF THESE VACANT LOTS DO NOT LOOK AS ATTRACTIVE AS THEY COULD. IT APPEARS A LARGE PERCENTAGE OF THESE VACANT LOTS WILL NOT GET DEVELOPED FOR AT LEAST 2-4 YEARS, OR MORE. COMMISSIONERS TO DISCUSS INCENTIVES TO ENCOURAGE THE PRIVATE OWNERS TO KEEP THE LOTS MAINTAINED IN A PARK LIKE MANNER AND THE POSSIBILITY OF REMOVING UNSIGHTLY FENCES. POSSIBLE TAX ABATEMENTS, REDUCED ASSESSED VALUATIONS AND OTHER INCENTIVES WILL BE DISCUSSED. A MORE BEAUTIFUL GREENER CITY SHOULD RESULT. 07-01422 E-mail .pdf DEFERRED D2.3 07-01459 DISCUSSION ITEM DISCUSSION CONCERNING AN ORDINANCE TO PROHIBIT FOODS CONTAINING ARTIFICIAL TRANS FAT IN VENDING MACHINES ON CITY OF MIAMI PROPERTY. 07-01459 Cover Email.pdf DEFERRED City ofMiami Page 105 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-01474 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF A BRONZE BUST, IN HONOR OF DR. MANUEL ANTONIO DE VARONA, SCULPTED BY RENOWNED MIAMI ARTIST TONY LOPEZ, FROM THE CUBAN MUNICIPALITIES IN EXILE (MUNICIPIOS DE CUBA EN EL EXILO), TO BE PLACED AT TRIANGLE PARK, LOCATED AT SOUTHWEST 4TH STREET AND 11TH AVENUE, MIAMI, FLORIDA, WITH THE CUBAN MUNICIPALITIES IN EXILE PURCHASING A PROPER BASE FOR THE BRONZE BUST AND MAINTAINING IT AT NO COST TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT AND ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-01474 Legislation.pdf DEFERRED City ofMiami Page 106 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-01424 DISCUSSION ITEM DISCUSSION CONCERNING FIRE FEE SETTLEMENT INFORMATION. 07-01424 Cover Email.pdf DEFERRED D4.2 07-01425 DISCUSSION ITEM DISCUSSION CONCERNING A PROPOSED ORDINANCE REQUIRING THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES. 07-01425 Cover Email.pdf DEFERRED D4.3 07-01426 DISCUSSION ITEM DISCUSSION CONCERNING THE CURRENT STATUS OF THE MIAMI-DADE EMPOWERMENT TRUST AUDIT. 07-01426 Cover Email.pdf DEFERRED D4.4 07-01427 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF AND ENCOURAGING APPROVAL OF THE MIAMI-DADE COUNTY REFERENDUM THAT WILL BE PRESENTED TO THE VOTERS AT THE SPECIAL ELECTION TO BE HELD ON JANUARY 29, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE THE TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM A PERSON APPOINTED AND SUPERVISED BY THE MAYOR TO A PERSON ELECTED AND SUBJECT TO RECALL BY THE VOTERS; FURTHER AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE OFFICIALS DESIGNATED HEREIN. 07-01427 Legislation.pdf DEFERRED DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-01368a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $145,000 TO TACOLCY City ofMiami Page 107 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 ECONOMIC DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("TEDC"), FOR REFINANCING OF THE EDISON TOWER APARTMENTS (THE "PROJECT") IN ORDER TO FACILITATE THE REHABILITATION OF THE PROJECT, A ONE HUNDRED AND TWENTY ONE (121) UNIT RENTAL PROJECT ALL OF THE UNITS OF WHICH ARE AFFORDABLE TO VERY LOWAND LOW INCOME FAMILIES, LOCATED AT 5821 NORTHWEST 7 AVENUE, MIAMI, FLORIDA; PROVIDING SUCH ALLOCATION AS A LOAN TO TEDC UPON TERMS AND CONDITIONS TO BE APPROVED BY THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE; ALLOCATING FUNDS FROM THE AFFORDABLE HOUSING TRUST FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 07-01368a Legislation.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0721 Chair Sanchez: Okay. Let's go ahead and, since ladies are always first -- Vice Chair Spence -Jones: Oh, you want to -- Chair Sanchez: -- Madam Vice Chair, you're -- Vice Chair Spence -Jones: -- take me first? Chair Sanchez: -- recognized for two of your items. Vice Chair Spence -Jones: Thank you so much, and I will make this fast, I promise. This is in reference to the Edison Tower item. I know that we have, in the past, said that these type of items should not be on our blue pages, but the City Manager has asked for me to put it on the blue pages because everything was compacted into two meetings, so I agreed. Also, there's an urgency in us handling this because if we continue to delay this any longer, there's a $15, 000 charge that Edison Towers is being forced to address. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: Motion is made by the Vice Chair, second by Commissioner Gonzalez. Any discussion on the item, D5.1 ? Commissioner Regalado: No. Chair Sanchez: Hearing none, all in -- Commissioner Gonzalez: All in favor, say "aye." City ofMiami Page 108 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: -- favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D5.2 07-01371 DISCUSSION ITEM DISCUSSION REGARDING THE PROCESS ON THE "NAMING RIGHTS" ORDINANCE FOR REGIONAL PARKS. 07-01371 Cover Email.pdf DEFERRED D5.3 07-01486 DISCUSSION ITEM DISCUSSION CONCERNING THE ACCEPTANCE OF A GRANT THROUGH THE POLICE DEPARTMENT THAT IS AVAILABLE FOR A SPECIAL INITIATIVE TARGETING CHILDREN, YOUTH AND OLDER ADULTS IN THE LIBERTY CITY COMMUNITY. 07-01486 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below. 07-01486a RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ACCEPTING A GRANT AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $140,000, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES ATTORNEY'S OFFICE, FOR SUPPLEMENTAL POLICING IN THE AREA OF LIBERTY SQUARE OF THE MODEL CITY DISTRICT, WITH NO MATCHING FUNDS BEING REQUIRED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE REIMBURSEMENT AGREEMENT BETWEEN AGENCIES, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF SAID GRANT AWARD. Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0722 Chair Sanchez: All right. Which was your other item -- Vice Chair Spence -Jones: The last item is -- Chair Sanchez: -- Vice Chair? Vice Chair Spence -Jones: -- the item is for a police grant that they've, once again, asked for me to put in. They are receiving those dedicated funds -- Chair Sanchez: Pocket items. This is a pocket item. City ofMiami Page 109 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 KotelesAlexander (Legislative Policy Advisor, Vice Chair Spence -Jones): No, no, no. Vice Chair Spence -Jones: No, it's not. Mr. Alexander: It's not a pocket item. Chair Sanchez: It's not? Mr. Alexander: No. Vice Chair Spence -Jones: No, it's not a pocket item. Mr. Alexander: Police grant. Vice Chair Spence -Jones: This is a police grant that we had to -- Commissioner Sarnoff Can I just ask, what are your rules going to be for voting off of your blue pages? Chair Sanchez: That will be -- I will be passing a memo to -- listen, I didn't have a chance to put the rules together, butt will bring rules where I will apply that blue pages will -- Commissioner Sarnoff You know, I'm the only Commissioner -- Chair Sanchez: -- come up for discussion. Commissioner Sarnoff -- that's never been able to get anything Willy blue pages by a vote. Chair Sanchez: Well, because it's going to be discussion, and then when we discuss it, we direct the Administration to put it on the regular Commission agenda. Therefore, it goes through the entire process, including public participation. Commissioner Sarnoff Okay. Just checking to make sure I wasn't being discriminated against. Chair Sanchez: Listen, I walked into a storm today, okay? Commissioner Sarnoff You drove the bus pretty well. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. Chair Sanchez: Ready? Vice Chair Spence -Jones: This is actually a grant that we're accepting. If we don't do it tonight, then we'll be losing the funds, and I believe the Police Department has asked for us to bring it. Chair Sanchez: All right. This is a resolution of the City ofMiami Commission, with attachments, accepting a grant and appropriation of funds, in the amount not to exceed $140, 000, consisting of a grant award from the United States Attorney's Office for supplemental policing in the area of Liberty Square of the Model City District. All right. Is there a motion? Vice Chair Spence -Jones: So moved. City ofMiami Page 110 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: The motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- is made by Vice Chair Spence -- Commissioner Sarnoff Second. Chair Sanchez: -- Jones, second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "nay." Vice Chair Spence -Jones: Nay. Chair Sanchez: Motion carries. NON AGENDA ITEMS NA.1 07-01536 DISCUSSION ITEM PASSING OF GAVEL TO COMMISSIONER JOE SANCHEZ. DISCUSSED Mayor Manuel A. Diaz: All right. I have one more that is not on the previously prepared list. We -- I think, Commissioner Sanchez, you mentioned in your prayer how absolutely proud we are, Commissioner Gonzalez, of the job that you've done as Chair of this Commission over the last two years. It has been tough. There've been some very tough issues that we've had to deal with. We've worked long hours, but you've always run the meetings with decorum and dignity and integrity, something that some might argue was missing some years ago in these chambers when people used to call this "Silly Hall," instead of City Hall, but think you've distinguished yourself and done an outstanding job, and given everybody the opportunity, your colleagues, the public has been here, always the opportunity with respect to say what everyone has to say, which is the way that a real democracy ought to work. Thank you for serving as our Chair and look forward to continue work with you. Applause Chairman Gonzalez: Well, thank you. Thank you very much. Mr. Mayor, I want to thank you for allowing me the opportunity to serve as Chairman of this City Commission. Applause Chairman Gonzalez: Thank you. Thank you very much. I want to thank you, Mr. Mayor, for allowing me the opportunity to serve as Chair of this City Commission, and I want to thank all my colleagues for all the cooperation and the help that they provided me during my tenure as Chairman. Without your help and your continued support and cooperation, I wouldn't have been able to do the job that did, so I want to thank you all. I did the best that could in this position, and once again, it was -- it has been a great honor for me to serve as Chair of the City ofMiami Commission for the past two years. God bless you all, and you can count on my support now, Commission Sanchez. You are being appointed next Chairman and Commissioner Spence -Jones, you will be the Vice Chair, so now it's my time to work with you and provide you all my cooperation and support. God bless you all. City ofMiami Page 111 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 NA.2 07-01537 Applause Chairman Gonzalez: All right. We have a memo -- let me get my glasses because I'm frying to -- I'm pretending, but can't. I hear from -- Mayor -- a memo from the Mayor that says, I hereby appoint the Honorable Joe Sanchez chairman and the Honorable Michelle Spence -Jones vice chairperson of the City ofMiami Commission. This appointment shall take effect at the next regular meeting of the Miami City Commission, " and this memo was issued yesterday, so the next meeting is today's meeting, and now I do pass -- Vice Chairman Sanchez: You keep chairing this meeting. Chairman Gonzalez: -- officially pass the gavel to the new chairman. Congratulations. Applause Chair Sanchez: Well, Mr. Chairman [sic], thank you. Mr. Chairman [sic], thank you very much for passing the gavel to me. Mr. Mayor, Mr. City Manager, my colleagues, thank you so much for bestowing this great honor to serve this City as the Chair. I'm going to make it very brief because we have a very voluminous agenda today, butt will do my very best to maintain decorum, respect, and allow all the citizens that come in front of this Commission to be heard and for them to have a voice in their local government. I did this before; it's an honor to do it again, and I promise each and every one of you that we will have respectful meetings; and we will have meetings that the citizens of this City ofMiami will be very proud of and continue what you did on this Commission, which is to run very, very respectful meetings, so having said that, I think that the -- we could start the agenda, which is a very long agenda. Thank you so much. Applause Chair Sanchez: Maybe the Vice Chair would like to say something brief because we've got to get going? Vice Chair Spence -Jones: You said it all. Chair Sanchez: Okay, I said it all? DISCUSSION ITEM DISCUSSION OF LETTER RECEIVED FROM THE CHIEF OF POLICE. DISCUSSED Direction by Commissioner Regalado to the City Manager to investigate the allegations made in the letters received regarding the Police Chief and to brief the Commissioners regarding this matter before the next City Commission meeting currently scheduled for January 10, 2008. Chair Sanchez: Okay. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. I had several things, and all, of course, will be defer, and I am -- I agree with your policy of having discussion and then coming back. It serves a purpose of informing the public, so next Commission meeting, I will have the same one. I do have, of course, something that it really troubles me, and I really need the help of the Manager on this one. This -- recently -- Mr. Manager, recently, we all received a letter from the Chief of Police with several issues challenging the report on the TV (Television) station and challenging also a letter from the union. Then we all received -- I received -- a letter from the union. Those two letters are totally contradictory among themselves, and since it's information that was given before the City Commission, I would ask you to investigate this letter -- this information. I am sure that you have the letter. If not, I have it, and for me, it's important, and City ofMiami Page 112 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 I'm sure, for everyone in this dais and in the City ofMiami to understand what is going on, who's saying to us different thing, and so I will give you the letter of the FOP (Fraternal Order of Police), plus the letter of the chief and I wish that you can either, before the next Commission meeting, communicate with members of the Commission to tell us who's telling the truth here in terms of all this because the Police Department is the most biggest and important department of the City, and I'd really like to understand what is going on, so ifI may -- I just don't need to make a resolution or -- I'm just asking the City Manager for this. Okay? Pedro G. Hernandez (City Manager): That's sufficient, Commissioner. I'll pursue it. I know the two letters that you're talking about, and I'll -- Commissioner Regalado: You have it? I can give it to you. Mr. Hernandez: I think I have it, but I'll get a copy anyway to be sure that I have those two items. NA.3 07-01524 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO Commissioner SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David Sarnoff AMENDED, AUTHORIZING THE EXTENSION OF THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION AT KARU & Y RESTAURANT, LOCATED AT 71 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NEW YEAR'S EVE PARTY, BEING HELD ON MONDAY, DECEMBER 31, 2007, THEREBY EXTENDING THE HOURS ON TUESDAY, JANUARY 1, 2008, FROM 5:00 A.M. TO 7:00 A.M. 07-01524-Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0723 Chair Sanchez: All right. We have one more item by Commissioner Sarnoff -- Commissioner Sarnoff A pocket. Chair Sanchez: -- as a pocket item. Commissioner Sarnoff Pocket item resolution just extending the hours of Karu & Y -- Priscilla A. Thompson (City Clerk): Commissioner, if -- microphone. Thank you. Commissioner Sarnoff Where's my pocket mike? Chair Sanchez: Yes, mother. Commissioner Sarnoff Excuse me. A pocket item resolution of the City ofMiami, pursuant to Section 4-3 of the Code of the City ofMiami, as amended, authorizing the extension of the hours of the sale of alcoholic beverages for the consumption at Karu & Y Restaurant, located at 71 Northwest 14th Street, Miami, Florida, for New Year's Eve party being held on Monday, December 31, 2007; thereby extending the hours on Tuesday, January 1, 2008 from 5 a.m. to 7 a.m. So moved. City ofMiami Page 113 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All right. There's a motion by Commissioner Sarnoff second by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay," and ladies and gentlemen, I think the appropriate motion right now is a motion to adjourn. Commissioner Gonzalez: Motion to adjourn. Chair Sanchez: That's always accepted. Commissioner Sarnoff Happy New Year. Merry Christmas. Chair Sanchez: Happy holidays. Happy New Year to everyone. Thank you for being so understanding today as we move along and try to get through this (INAUDIBLE). City ofMiami Page 114 Printed on 1/7/2008