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HomeMy WebLinkAboutCC 2006-07-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 27, 2006 9:00 AM SUPPLEMENTAL City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Linda M. Haskins, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 27, 2006 CITYWIDE Present Chairman Gonzalez, Commissioner Haskins, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones HONORABLE MAYOR MANUEL A. DIAZ SI.1 06-01258 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $172,715, FROM THE CHILDREN'S TRUST TO CONTINUE AND TO EXPAND ENHANCED SERVICES FOR THE MIAMI YOUTH COUNCIL DURING THE 2006-2007 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AS NECESSARY AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 06-01258 Legislation.pdf 06-01258 Letter.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0467 Chairman Gonzalez: All right. We're going to go into the blue pages. The Mayor -- does the Mayor have any items? Lisa Martinez (Director, Policy and Legislation): Lisa Martinez, Office of the Mayor. There is a resolution authorizing the City Manager to accept a grant, in the amount of $172,715, from the Children's Trust to expand the Miami Youth Council during the upcoming school year. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Just so that the record is straight, we need Chairman Gonzalez: That's on the supplemental agenda. Ms. Thompson: Exactly. Ms. Martinez: OK. Ms. Thompson: -- to make sure the record shows that this is on the supplemental agenda -- Chairman Gonzalez: All right. Ms. Thompson: -- and it's actually SI.1. Ms. Martinez: 1. Chairman Gonzalez: All right. Do you -- do we hear a motion accepting -- Commissioner Spence -Jones: So move. Chairman Gonzalez: -- the grant? City of Miami Page 2 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 3 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 RESOLUTIONS SI.2 06-01329 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE Purchasing CONTRACT FOR PORTABLE AND MOBILE RADIOS AND ACCESSORIES FROM VARIOUS VENDORS, PURSUANT TO SCHOOL DISTRICT OF PALM BEACH COUNTY CONTRACT NO. 06C-31 R, EFFECTIVE THROUGH JANUARY 17, 2009, SUBJECT TO ANY EXTENSIONS AND OR REPLACEMENT CONTRACTS BY THE SCHOOL DISTRICT OF PALM BEACH COUNTY, TO BE UTILIZED ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT TIME OF NEED. 06-01329 Legislation.pdf 06-01329 Summary Form.pdf 06-01329 Award Recommendation.pdf 06-01329 I nvitation. pdf 06-01329 Vendor Response Form.pdf 06-01329 Solicitation.pdf 06-01329 Parts and Accessories.pdf 06-01329 Invitation to Bid.pdf 06-01329 Special Conditions.pdf 06-01329 Bid Summary Document.pdf 06-01329 Description.pdf 06-01329 Minority Certification Information.pdf 06-01329 Drug -Free Workplace Certification. pdf 06-01329 Sub -Contractor Participation Summary.pdf 06-01329 Sub -Contractor Participation Letter of Intent.pdf 06-01329 Instructions to Bidders.pdf 06-01329 General Conditions for Bids.pdf 06-01329 Letter.pdf 06-01329 Questions and Answers.pdf 06-01329 Corrected Scriveners Error Memo.pdf Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0471 Chairman Gonzalez: All right. We're almost ready to go into the Planning and Zoning agenda, but before doing that, let's take the supplemental agenda, and we have already approved SI.1, so let's go to SI.2. It's the procurement of some radios, right? Glenn Marcos: Yes, Commissioner. Good morning. Glenn Marcos, Purchasing director. The actual item in front of you is to purchase portable and mobile radios and accessories from the -- piggybacking off the school district of Palm Beach County. There's various vendors that we're going to be purchasing those portable and mobile radios and accessories from, and it is a piggyback. Commissioner Haskins: So moved. City of Miami Page 4 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. SI.3 06-01332 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Office CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH MIAMI-DADE COUNTY ("COUNTY"), SUBJECT TO THE APPROVAL OF THE MIAMI CITY COMMISSION, TO ESTABLISH A MECHANISM PURSUANT TO WHICH THE CITY MAY RELEASE THE COUNTY FROM UP TO EIGHTY PERCENT (80%) OF THE COUNTY'S OBLIGATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("U.S. HUD") UNDER THE SECTION 108 LOAN TO PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC.; FURTHER AUTHORIZING THE CITY'S PAYMENT TO THE COUNTY THE SUM OF $1,356,731, REPRESENTING EIGHTY PERCENT (80%) OF THE SECTION 108 LOAN PAYMENT DUE BY THE COUNTY TO U.S. HUD ON AUGUST 1, 2006; ALLOCATING FUNDS FROM GENERAL FUNDS. 06-01332 Legislation .pdf 06-01332 Exhibit .pdf 06-01332 Exhibit 2 .pdf 06-01332 Exhibit 3 .pdf 06-01332 Exhibit 4 .pdf 06-01332 Exhibit 5 .pdf 06-01332 Exhibit 6 .pdf 06-01332 Exhibit 7 .pdf 06-01332 Exhibit 8 .pdf 06-01332 Exhibit 9 .pdf 06-01332 Cover E-mail.pdf Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0472 Chairman Gonzalez: SI.3. Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, this is the Parrot Jungle item. As you all know, there has been quite a bit of friction and, I would say, discrepancies between the County and the City in the spring of this year. Recently, the Board of County Commissioners, on July 18, they added items to their agenda reference the Parrot Jungle and the CRAs (Community Redevelopment Agencies) of Omni and Southeast Overtown/Park West. It's a move by the County to, I believe, make peace with the City and develop a program that we can then move forward to finally resolve this issue. The action itself authorizes the Manager at the County to work with the City Manager in negotiating an assumption by the City at a level of 80 percent of the current County obligation on a Section 108 HUD (Department of Housing and Urban Development) loan, which was originally for 25 million, and it also authorizes the County Manager to negotiate with the City Manager mutually beneficial amendments to both CRAs. The City of Miami Page 5 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 item that you have before you today, in essence, is doing two things: it's authorizing the City Manager to negotiate with the County a mechanism to release the County up to 80 of their obligation on the HUD loan, and the other item, it authorizes the City participating with the County up to 80 percent on the next payment that is due August 1, 2006. There is no further obligation on the City beyond that payment. Any further obligation is to be, in essence, negotiated with the County, and then it would be brought back to the City, and the reason of talking about further obligations is the fact that the proposed plan is to defer payments by Parrot Jungle up to 2012, in order to allow proper time for that business to stabilize. We have a funding source for the August 1, 2006 payment,; 80 percent of that payment would be in the range of one point three and a half million. We have identified a funding source, which is the monies that the City received from the TECO (Tampa Electric Company) settlement. That's when the County bought the TECO plant, and there were some monies due to the City. With respect to the long-term, well, I'll be working with the Budget Director in developing a financial plan in which we would be looking at all other funding sources available in order to minimize the impact to general fund of the City, so today we have two things: authorizing the Manager to negotiate with the County in the issue of the Parrot Jungle and also the CRA, and item number two is to authorize 80 percent of the payment that is due to HUD August 1, '06. The next payment is due February 1, 2007, so in essence, I'm giving myself a deadline of like the end of the year to be able to do those negotiations with the County and be before you with a financial plan for the long-term, possibly a restructured financial arrangement, something that would be, let's say, more beneficial to the City. As you know, there is a long history today because of the defaults of the Parrot Jungle. There is no, let's say, legal obligation for the City to make the payment. However, the County has taken steps to cure the default of the Parrot Jungle. The County, up to now, has made up or has paid 4.7 million of that loan. The County, in essence, is waiving any City responsibility on that 4.7 million, so that's one act of good faith on their part. The act of good faith on ours would be the fact that we'll be participating with them, if you so approve August 1 on that upcoming payment, and then we'll proceed with the negotiations. If the County cures the default, which is in the process of -- which they could do very easily, based on the JPA, joint participation agreement, the development agreements that date back to 1998 and the year 2000, we would be definitely responsible for up to 80 percent, so I think it would be beneficial to the City to take this step of good faith, participate in this payment, and then enter into negotiations with the County to assure the best benefit to us. Olga Ramirez-Seijas, from the CityAttorney's Office, has been helping me tremendously over the last few days in working this item through, and I'll be counting on their office to assist me in dealing with the County. Chairman Gonzalez: All right. Any action from the Commission? Commissioner Haskins: So moved. Vice Chairman Sanchez: I will second it for the purpose of discussion. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: I will yield to Commissioner Regalado. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: I think it's important that, once and for all, the City ofMiami deals with the Parrot Jungle issue. It is something that is already in the public domain. It's a major project; probably, the only project in the City ofMiami. We are lucky to have a new City Manager that understand the system here in the City and in the County. We also are lucky that City ofMiami Page 6 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 he has a very good relationship with the County and can work things out, but one thing needs to be said clearly, that number one, what we're doing here today is only authorizing the City Manager to negotiate, and of course, make a good gesture payment. For all we know, at least one time, after the County has paid off several installment, and number two, that in the briefings that we had had with the City Manager and the City Attorney and the Budget Director, a lot of ideas were explored, and that the City should think out of the box on this item and understand that we have some mechanism, like Miami Sports and Exhibition Authority, like the need of the County to support the Performing Arts -- the urgent need of the County, I should say, to support the Performing Arts Center throughout the next years, and the City does have two things going for it right now. One thing is a new City Manager -- the new City Manager that understands both the City and the County, and second, that the City goes to this talks with a lot of leverage, because if we do need the CRAs, the County needs the money from the CRA urgently. They would not dip in the general fund, and we all know that, not anymore, for the Performing Arts Centers, and the fact that we have MSEA (Miami Sports & Exhibition Authority), which has a mission, but it doesn't have anything now to do after the Miami Arena being sold, it presents a new scenario for us to explore the convention part of MSEA, which is a convention center that they have already in Parrot Jungle, the Orange Bowl, and the monies that they have. I'm saying all this because I think it's important that the people ofMiami understand a phrase that the City Manager use a few moments ago, saying that all the talks were oriented to minimize any impact in the general budget of the City ofMiami. I think that, for me -- at least just one vote here -- this is the paramount concern, that the general budget will not be impacted by these obligation with the Parrot Jungle, and I really hope, Mr. City Manager and City Attorney, that we, as a city, can deal with this issue and save that facility with a strong advice to them that they need, if the City does assume this responsibility, to become part of the City of Miami's future in terms of opening their doors, which, by the way, are very expensive, to the needy children of the City of Miami, to the Parks Department of the City Of Miami, to the community organizations of the City ofMiami, who would like to use the venue that they have and sometimes they don't use it, and if they don't use it, they cannot make money, so this is something that we have to deal separate with the Administration in Parrot Jungle, but you know, the City should get not something, but a lot out of this deal, and I just hope that, at the end of the day, you can come back to us and announce that we have resolved the situation without an impact to the general fund, and I'm sure that there are many ways to do it, so that would be my comment in supporting your mandate to go and negotiate this deal. Mr. Hernandez: Thank you. Chairman Gonzalez: Vice Chairman Sanchez. Commissioner Spence -Jones. Commissioner Spence -Jones: I just wanted to add just two things. Of course, you know I wasn't here when this whole thing happened or took place, so I really don't have that much comments on the overall deal, but one of the things I do want to say that -- this is just a further affirmation of our new City Manager's ability to really sit down to the table to negotiate and even have a conversation with the County regarding clearing up all these issues, so I think that this first step is a great good faith effort to rebuild the frust that, you know, seemed to kind of be stretched with the County, and you know, in the beginning, I had a little back off about the actual resolution only because of the attachment to the Southeast Overtown/Park West CRA, and I definitely communicated that to the City Attorney, to Springs, and to the new City Manager. You know, just -- I really felt strongly about keeping the two items very separate. I really felt it was not right to attach Overtown, Southeast Park West [sic] to any negotiations regarding this, but after our meeting yesterday, I'm a lot clearer that while this item is a totally separate item, but the Southeast Overtown/Park West is moving on the same track, so I'm in support of the item, and I just want to just add on or piggyback onto my colleague, Regalado, regarding these issues of being able to have better use of or more use of the Parrot Jungle, and hopefully, Mr. City Manager, when we -- once you work out everything with the County regarding the issues, that we begin to revisit this lease that we do have with Parrot Jungle, because I know for a fact that City ofMiami Page 7 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 there are times that our kids don't have the same type of access to Parrot Jungle, and you know, and they are being charged to do this and that, so my only point on all of that is that once you do revisit -- and I don't know. Have you had a chance to look at the lease at all? Olga Ramirez-Seijas (Assistant City Attorney): I'm -- not lately. Commissioner Spence -Jones: OK I think that it's really important, because with us losing all the venues that we do have in the City ofMiami, Coconut Grove Expo Center, and we're not having the type of space that we used to have to even just do events and activities for all of our constituents, that Parrot Jungle, with us, really making the steps to, you know, deal with this issue, that they also need to be a little bit more considerate to the type of services and needs we may have, especially since we're making this accommodation to deal with their current issues, so I would agree with my colleague, Commissioner Regalado, that we do try to figure out a way to make sure that we have better use and more use of the Parrot Jungle situation or facility because of that, and that's my only comment. Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chair. You know, this turkey was in the oven, cooked, and stuffed before a lot of us got here, but we're going to be picking up the tab for it. Based on the resolution and the briefing that I've had -- and I do want to take the opportunity to thank the City Manager, the legal staff and all those that brief me on this issue. IfI had to describe this whole process of this settlement, and I had to select the word, it would be the word "caution," because I'll tell you, the dog has bit me once and it's not going to bite me again, so there will be a lot of questions on this, just like we had an inner conversation on questions. There's a lot of issues right now that, really, we need to take into consideration when we look at this resolution. This resolution does not commit us to anything. The only thing that it does right now -- and correct me if I'm wrong -- it authorizes the City Manager to negotiate in good faith, and we -- one payment of $1.4 million -- it basically just buys us into the poker table with the County to address all the issues that have been discussed here in the past, and I certainly don't want to bring 'em up, but I'll tell you one thing, that it is paramount for me, as I digest this, and I study it, and I do my due diligence. One is that we must explore and discuss all the implications of this agreement, based on a short-term and a long-term. I think we agree on that. The other issue is that before we move any further to get my vote, is that the County must cure the default, and one, that right now, there are three votes -- because I usually sit back and want to hear the opinions of my colleagues -- and that is that you will not tap into the general fund. That is a big concern to me, OK. We must prepare a financial plan on how we're going to pay this back, all right, and Mr. City Manager, I made it very clear to you that wasn't too thrilled about having it as a supplemental agenda. This is a very hot issue. It's being discussed by the taxpayers ofMiami, but do understand the circumstances, and do understand the implications, and do understand the dire need to resolve this issue expeditiously with the County, but once again, I focus on making sure that we do use the word "caution." I don't mind walking through a land mine field, but do -- I want to do it not blindfolded. I want to see where I'm going on the issue. One thing that would make very clear is I think that we need to learn from our mistakes, and we -- I cannot see us ever again wanting to use a 108 loan for private ventures. I want to make it very clear. Government should never be involved in lending money to an unproven, private industry, and I think that we've learned by this mistake, so I do want to work with you. I do want to work with the County in resolving this issue, which will resolve other issues, and this is just one step of many that we're going to have to take, and I ask that you keep me abreast, as the other Commissioners, as the entire process. Thank you so much. Mr. Hernandez: I will, Commissioner. In essence, I think that this is a caution approach. We're just taking one step with no further obligation, and the item will be back to you before -- with a proper financial plan for your consideration. City ofMiami Page 8 Printed on 11/8/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: All right. Any further discussion? Hearing none, we had a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. That concludes the regular agenda of the -- City of Miami Page 9 Printed on 11/8/2006