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HomeMy WebLinkAboutCC 2008-11-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, November 13, 2008 9:00 AM SUPPLEMENTAL 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 Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes November 13, 2008 On the 13th day of November 2008, 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 Chair Sanchez at 9:18 a.m., recessed at 11:50 a.m., reconvened at 2: 29 p.m., recessed at 3: 32 p.m., reconvened at 3: 49 p.m. and adjourned at 3:56 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:30 a.m. Note for the Record: Due to an electrical power outage, the Commission meeting was abruptly impeded and was therefore recessed at 11:50 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 3:50 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk ORDINANCE -FIRST READING SP.1 08-01316 ORDINANCE Honorable Mayor Manny Diaz First Reading AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. 08-01316 Legislation.pdf 08-01316 Exhibit.pdf 08-01316 Summary Form.pdf 08-01316 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff City ofMiami Page 2 Printed on 12/8/2008 City Commission Meeting Minutes November 13, 2008 Roll Ca11: Present: Commissioner Gonzalez, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Absent: Commissioner Sarnoff Chair Sanchez: All right, let's take up the supplement agenda. Now, for the supplement agenda, I believe that we need how much time, Madam Clerk [sic]? Pamela E. Burns (Assistant City Clerk): We need approximately one to two minutes. And you're ending the regular agenda at this point and --? Chair Sanchez: Well, before I do that, are all the Commissioners willing to --? I don't think there's any items on their blue pages, correct? Nobody has any items on their blue pages? So fine; we get to bypass that. Julie O. Bru (City Attorney): Mr. Chairman, actually the supplemental agenda is just part of the regular agenda. It just an item that was distributed separate from the printed agenda. Chair Sanchez: I understand that, but my understanding is that the City Clerk needs about a minute time between the regular meeting for -- Bru: But this is the regular meeting. This item is to be taken in the regular meeting. The -- Chair Sanchez: She needed some time. Ms. Bru: Okay. Chair Sanchez: If I'm not mistaken -- Ms. Burns: The issue is there's a separate agenda, and for our web streaming -- Ms. Bru: Okay. Ms. Burns: -- purposes, we need a minute or so. Ms. Bru: All right, but just to clarify that it is part of the regular agenda. Chair Sanchez: All right. But we do need -- how much time do you need? I mean, I've got to work with you. I can't work against you. Ms. Burns: Thirty seconds to one minute. It'll be shortly. Chair Sanchez: Why don't we take a two -minute recess, five-minute recess, and we'll come back and take up the PZ (Planning & Zoning) items. Commissioner Gonzalez: Yeah. I got to go get my book anyway. Chair Sanchez: All right, we'll take -- listen, we're going to take a five-minute recess, we'll come back and take up the supplement agenda, and then we'll take -- we'll start with the PZ's, and of course, PZ.1 will be the first item to be brought, all right. So Commission stands in recess for five minutes. "[Later...]" Chair Sanchez: We're back in order after a brief recess. We are taking up SP.1, which is a supplement item. It is an ordinance on first reading, and it is the Economic Stimulus Award and Agreement [sic]. At this time we have the Department of Capital Improvements director to City ofMiami Page 3 Printed on 12/8/2008 City Commission Meeting Minutes November 13, 2008 address this ordinance on first reading. Ola Aluko: Ola Aluko, director City ofMiami Department of Capital Improvements. Thank you, Mr. Commissioner. This ordinance amending Chapter 18, Article III of the City Code, the procurement ordinance, enacting a new Section 18-117, entitled "Economic Stimulus Awards and Agreements." The new section establishes measures to stimulate the economy by creating a process to expedite award of professional services agreement and construction contracts for certain capital improvement projects as identified in your attachments. Chair Sanchez: Okay. Do we have a motion? Vice Chair Spence -Jones: Have a second. Unidentified Speaker: Second. Chair Sanchez: All right, there's a motion and a second. It is an ordinance; it'll come back to the Commission for deliberation. At this time it is a supplement item. It is still an ordinance on first reading. Anyone from the public -- would you like to --? Mr. Aluko: Could I just put something -- a word on the record? That all contracts awarded under this section shall be in a form acceptable to the City Attorney. Chair Sanchez: Okay. That language is on your -- it is on -- you're not amending it, is it? Mr. Aluko: We're adding that language into the body of the ordinance. It is on the title of the ordinance. Chair Sanchez: It is on the title. Mr. Aluko: That's correct. Chair Sanchez: Okay, as it should be on the title. All right, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, it comes back to the Commission. There is a motion and a second. The item is under discussion. Who wants to go first? Commissioner Regalado. Commissioner Regalado: Briefly. Thank you, Mr. Chairman. On the projects, the list is attached and it mirrors the City, and the list is fair, but what is the timetable? Mr. Aluko: The time frame for the construction of the projects? Commissioner Regalado: Yes. Mr. Aluko: These projects are ready to go into construction, Mr. Commissioner. Commissioner Regalado: I'm sorry? Mr. Aluko: The projects ready to go into construction. They're ready for advertisement to bid. Commissioner Regalado: But -- like the wall. Mr. Aluko: The Coral Gate wall. Commissioner Regalado: Yes. It's not yet finalized. We haven't even signed the documents with the City Attorney and the Association. City ofMiami Page 4 Printed on 12/8/2008 City Commission Meeting Minutes November 13, 2008 Mr. Aluko: The beauty of this document is that once those documents are finalized, we can move forward with the selection of an architect -- Commissioner Regalado: Okay. Mr. Aluko: -- to design the wall. Commissioner Regalado: So that's what I'm saying. As soon as some issues are resolved, it -- this could begin? Mr. Aluko: Immediately. Commissioner Regalado: And the other thing, if it goes over the cost by more than 10 percent, then what happens? Mr. Aluko: Okay, that is the consfruction. If the construction bids that we receive exceed 10 percent of the estimate, we will bring forth the project before you. We would still like to go forward with it, but we'll bring it forth before you for approval. Commissioner Regalado: Yeah, but my question was if during the consfruction, it goes over budget more than 10 percent during the construction? Mr. Aluko: Any change order will be brought before you for approval. Pedro G. Hernandez (City Manager): Right. Commissioner Regalado: If it's more than 10 percent? Mr. Aluko: That is correct. Mr. Hernandez: My understanding -- and, Ola, you can correct me there -- is that there is a contingency in the construction account that has like 10 percent, right? Mr. Aluko: That is correct. Mr. Hernandez: If you were to exceed that with any changes, the item -- the project would have to come before the City Commission. Mr. Aluko: It'll come before the City Commission. We do have a 10 percent contingency built into each one of these projects. Chair Sanchez: All right. Commissioner Regalado: Okay. Chair Sanchez: Any further questions? If not, Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just want to commend the Manager, the Mayor, and of course, CIP (Capital Improvements Project) for moving on this item. As you know, you know, moving these projects and making things move quickly means more jobs for the community, so I'm just happy to see that someone took the initiative to move this ahead, so I just wanted to publicly commend you guys. Now I know that I had some additional projects that were on the list that were not there, and I'm assuming, Ola, you've made the adjustments to the list, right? City ofMiami Page 5 Printed on 12/8/2008 City Commission Meeting Minutes November 13, 2008 Mr. Aluko: That project that we spoke about is not ready for construction now. We are commencing the pre -design phase. That will be the Moore Park Charrette and then, subsequently, the Moore Park Community Center. At the given time -- at the appropriate time, we can come back and put that project on this list for your approval. Vice Chair Spence -Jones: No problem. Mr. Aluko: But the design will move forward. Vice Chair Spence -Jones: No problem. Thank you, Ola. Chair Sanchez: Any further discussion? The timing could have not been better for us to push this Stimulus plan and get --flush money out into the streets. The number one concern that everyone has now is jobs creation. If you have a job, consider yourself extremely lucky because a lot of people out there are losing their jobs, folks. I don't need to tell you that unemployment continues to increase. A hundred and seventeen thousand people have lost their jobs in the state of Florida. Every time you open up the newspaper, you see a major corporation laying off people. DHL (Dalsey, Hillblom and Lynn) just laid off 9, 000 people. They were probably making good money; now having to compete for other jobs. So it is up to government -- I wish we had a hundred billion dollars to push out and to have projects done on the street so people could have jobs. This is what government should be doing, frying to expedite and get these projects out there so people could have a job, a J-O-B, all right. It's an ordinance on first reading. There's a motion and a second. Read the ordinance into the record, followed by a roll call. I do apologize; we need a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. All right, the public hearing is closed, coming back to the Commission. Read the ordinance into the record, followed by a roll call. Ms. Bru: Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, read -- roll call on first reading. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, as modified, 4/0. Chair Sanchez: Okay, that takes care of the supplement agenda. Now, we would need how much time before we go into the PZ (Planning & Zoning) item? Ms. Burns: We, again, need approximately 45 seconds (UNINTELLIGIBLE) -- Are you concluding, then, the regular agenda? Chair Sanchez: Yes. In other words, we would need a motion to adjourn the regular Commission meeting and open up the PZ. Ms. Burns: Yes, sir. Chair Sanchez: All right. So at this time, do any of the Commissioners have any pocket items -- Commissioner Regalado: Yes, I do. Chair Sanchez: -- that you want to get out of the way? City ofMiami Page 6 Printed on 12/8/2008 City Commission Meeting Minutes November 13, 2008 Commissioner Regalado: I have one. Chair Sanchez: You have a pocket item. Let's get all the pocket items out of the way, then we'll close the regular Commission meeting, and we'll open up the PZ item [sic]. All right. Okay, why don't we do something? Let's hold on to the PZ items. We'll do it -- I mean, the pocket items. We'll do it at the PZ agenda. So at this time, I would need a motion to adjourn -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- the regular - Commissioner Regalado: Second. Chair Sanchez: -- Commission meeting. There's a motion and a second by the Vice Chair and Commissioner Regalado to adjourn the regular Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the regular Commission meeting has been adjourned. City ofMiami Page 7 Printed on 12/8/2008