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HomeMy WebLinkAboutCC 2007-02-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com I�Ci11F::IRAT[D . 111 g Meeting Minutes Thursday, February 8, 2007 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 8, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present Chairman Gonzalez, Commissioner Sarnoff, Commissioner Regalado and Commissioner Spence -Jones Absent: Vice -Chairman Sanchez On the 8th day of February 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 9:30 a.m. and adjourned at 1: 42 p.m. Note for the Record: Commissioner Spence -Jones entered at 9: 31 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning. Welcome to the February 8, 2007 meeting of the City of Miami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chair, who's not present today, Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff, and myself Angel Gonzalez, your Chairman. Also on the dais are Pedro Hernandez, City Manager -- where is the City Manager? Unidentified Speaker: He was here a minute ago. Chairman Gonzalez: All right. -- Jorge Fernandez, City Attorney, and Pamela Burns, Assistant City Clerk. The meeting will be opened with a prayer by Commissioner Regalado and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00192 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Commemoration of Julia Tuttle's Legacy Mayor Diaz Tribute Contractors Resource Center PRESENTED Commissioner Spence -Jones Salute 1. Mayor Diaz presented a tribute in commemoration ofJulia Tuttle's legacy, declaring the year 2007 as the year ofJulia Tuttle in the City ofMiami. 2. Commissioner Spence -Jones presented a salute to the Contractors Resource Center for their support in providing turkeys to the residents of Overtown during the holiday season. Chairman Gonzalez: We will now make the presentations and proclamations, and Mr. Mayor -- Mayor Manuel A. Diaz: Yes, sir. Chairman Gonzalez: -- I believe that you have some presentations. City ofMiami Page 3 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 MAYORAL VETOES Mayor Diaz: Thank you, Mr. Chairman. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: As of this date, we haven't received any vetoes from the Mayor's office; is that correct? Pamela E. Burns (Assistant City Clerk): That's correct. Chairman Gonzalez: Thank you. Let the record reflect that. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: We need to approve the regular meeting -- the minutes of the regular meeting of January 11, 2007. Do I hear a motion? Commissioner Regalado: Move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. ORDER OF THE DAY Chairman Gonzalez: The -- we have concluded the presentations and proclamation. We will now begin the regular meeting, and the City Attorney will state the procedures to be followed during this meeting today. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Good morning, Mr. Chairman, Commissioners, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists 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 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 then override such veto by a four fifth vote. 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 the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless Commission -- 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 City ofMiami Page 4 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the chambers shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearing" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk, as soon as possible, of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon. This meeting will conclude at either the conclusion of deliberations of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Mr. Chairman, the following items are of special note. PH.4 and PH.5 will be heard after 10:30 a.m., and PH.1 and FR.1 have been withdrawn from your agenda. Again, Madam Clerk, it's PH.1 and FR.1 have been withdrawn from the agenda. The following items have been deferred to a future meeting to be determined, DL2 and FR.2. I repeat, Madam Clerk, the following items have been deferred to a future meeting not yet determined, DI.2 and FR.2. Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. CONSENT AGENDA CA.1 06-02264 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A CITY Police COMMISSION POLICY GOVERNING THE DONATION OF BICYCLES PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT, IN ACCORDANCE WITH THE STANDARDS AND CRITERIA AS STATED HEREIN, REGARDING SUCH DONATION. 06-02264 Legislation.pdf 06-02264 Summary Form.pdf 06-02264 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0060 CA.2 07-00085 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AGREEMENT Improvement DATED DECEMBER 8, 2006, WITH MIGUEL LOPEZ, JR., INC., FOR Programs/Transpor ADDITIONAL SERVICES REQUIRED FOR NECESSARY ASPHALT tation REPAIRS, FOR THE PROJECT ENTITLED "ORANGE BOWL PARKING LOT REPAIRS (ADA)," PROJECT B-30521 ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $ 16,642.50, INCREASING THE TOTAL AMOUNT FROM AN AMOUNT NOT TO EXCEED $96,146 TO A TOTAL AMOUNT NOT TO EXCEED $112,788.50; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT B-30521; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 5 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 07-00085 Legislation.pdf 07-00085 Exhibit .pdf 07-00085 Summary Form.pdf 07-00085 Proposal Contract .pdf 07-00085 Contract .pdf 07-00085 Form of Performance Bond.pdf 07-00085 Power of Attorney.pdf 07-00085 Award Recommendation Form.pdf 07-00085 Formal Bid.pdf 07-00085 Bid Form.pdf 07-00085 Permits and Fees.pdf 07-00085 Questionnaire.pdf 07-00085 Supplement to Bid Form .pdf 07-00085 Business Enterprise Participation. pdf 07-00085 Contractor License .pdf 07-00085 Certificate of Liability Insurance.pdf 07-00085 State of Florida Certificate .pdf 07-00085 Occupational License Tax .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0061 CA.3 07-00099 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE REQUEST OF MIAMI-DADE COUNTY ("COUNTY") FOR USE OF THE MARINE STADIUM PARKING LOT AND A PORTION OF VIRGINIA KEY ALONG ARTHUR LAMB JR. ROAD, EAST TO THE MIAMI-DADE WATER AND SEWER PLANT, MIAMI, FLORIDA, TO PROVIDE TEMPORARY PARKING FOR THE 2007 SONY ERICSSON TENNIS TOURNAMENT, SCHEDULED TO BE HELD MARCH 21, 2007 TO APRIL 1, 2007, AT CRANDON PARK, KEY BISCAYNE, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, IN EXCHANGE FOR THE COUNTY PROVIDING PRE-, DURING, AND POST -TOURNAMENT CLEAN-UP OF AND SECURITY FOR THE AREAS OF USE AND PROVIDING ADMISSION TO THE TOURNAMENT FOR UNDERPRIVILEGED YOUTH PARTICIPANTS OF CITY OF MIAMI PARKS AND RECREATION PROGRAMS. 07-00099 Legislation .pdf 07-00099 Exhibit .pdf 07-00099 Exhibit 2 .pdf 07-00099 Exhibit 3 .pdf 07-00099 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0062 City ofMiami Page 6 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 CA.4 07-00108 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF ROLL -UP DOORS MAINTENANCE/REPAIRS CITYWIDE, FROM BEST GARAGE DOORS, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6050-4/11, EFFECTIVE THROUGH NOVEMBER 30, 2007, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, FOR THE PURCHASING DEPARTMENT, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, AUTHORIZING SAID PURCHASES, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00108 Legislation .pdf 07-00108 Exhibit .pdf 07-00108 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0063 CA.5 07-00109 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE Office RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 5010, THAT THE FOLLOWING TEN (10) LOBBYING FIRMS ARE THE MOST QUALIFIED TO PROVIDE STATE LOBBYING SERVICES, DEEMED QUALIFIED UNDER THE CATEGORIES OF EXPERTISE AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED: CORCORAN & ASSOCIATES; DUTKO POOLE MCKINLEY; TEW CARDENAS, LLP; AKERMAN SENTERFITT; BARRETO CUNNINGHAM MAY; RONALD L. BOOK; PLG; SMITH & BALLARD; GOMEZ BARKER ASSOCIATES, INC.; PRIEGUEZ & WEENS, LLC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICE AGREEMENT(S) ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM(S), ON AN AS -NEEDED BASIS, BASED ON THE SPECIFIC LOBBYING NEED, FOR A BASE TERM OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL CUMULATIVE AMOUNT NOT TO EXCEED $500,000, FOR THE TOTAL OF ALL AGREEMENT(S) IN ANY FISCAL YEAR WITH SAID FIRM(S); ALLOCATING FUNDS FROM VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH THE RFQ, TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE PSA WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. City ofMiami Page 7 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 07-00109 Legislation.pdf 07-00109 Exhibit .pdf 07-00109 Exhibit 2 .pdf 07-00109 Exhibit 3 .pdf 07-00109 Exhibit 4 .pdf 07-00109 Summary Form.pdf 07-00109 Memo .pdf 07-00109 Qualification Committee.pdf 07-00109 RFQ .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0066 Direction by Commissioner Spence -Jones to the City Manager to provide a breakdown of the legislative package to the City Commission detailing key issues for the upcoming session. Commissioner Spence -Jones: Yeah. This is just my -- a comment really, and Pete has basically clarified all of it, butt wanted to make sure that, as we -- we've had a lot of discussions, I know you know, in the last couple of meetings we had regarding lobbying services. I just want to ensure that the City Manager will provide to us, at least, a breakdown of the legislative package so that we could, at least, have an understanding of what's going to be happening in Tallahassee this upcoming session, and I also wanted to, at least, be able to acknowledge -- I know we pushed very hard to make sure that we had true minority participation in the lobbying group this year, so I'm very thankful to see that that's actually happening, so I just wanted to tell you thank you on that, butt would like to definitely make sure -- I know that the session is revving up to start now, but there's some key issues I know within my district that I definitely want to make sure, you know, are addressed, such as housing, historic preservation, and juvenile justice, so there are key issues that I'd like to see addressed, so hopefully -- Do you have any sense of when you'll be coming around to give us a briefing on that? Pedro G. Hernandez (City Manager): Commissioner, I plan to do that within the next few days, if we can do it by tomorrow, if not Monday, at the latest. I plan to meet with each one of you and get additional feedback as to items that you would like to -- you know, for the City to pursue and to, I suppose, support and/or defend against in the next legislative session at the State. Commissioner Spence -Jones: No problem. That was my only comment, and Mr. Chairman, if you don't mind -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- we do -- I'd like to, at least, acknowledge a councilperson that we do have from the City ofMiami Gardens, Oscar Braynon, Jr., ifyou could, at least, stand and, at least, be acknowledged. I saw him in the audience. I thought it was important to acknowledge him. Thank you for joining us today. Chairman Gonzalez: All right. Are you ready -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- to move CA (consent agenda) --? Yes, sir. [Later..] City ofMiami Page 8 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: All right. You're -- Mr. Hernandez: Thank -- Chairman Gonzalez: -- ready to move the item that -- Mr. Hernandez: -- you. Chairman Gonzalez: -- you pulled? Commissioner Spence -Jones: I just moved it. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. The Mayor -- does the Mayor have any items on this agenda? I don't think so. I don't have anything on the blue pages. CA.6 07-00117 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue PURCHASE OF BODY ARMOR (PROTECTIVE VESTS), FOR THE DEPARTMENT OF FIRE -RESCUE, FROM AMERICAN BODY ARMOR OR ITS' AUTHORIZED SERVICE DEALER, UTILIZING STATE OF FLORIDA CONTRACT NO. 680-850-05-1, EFFECTIVE UNTIL FEBRUARY 2, 2008, SUBJECT TO FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $69,000; ALLOCATING FUNDS FROM THE FIRE -RESCUE DEPARTMENT, ACCOUNT CODE NO. 11000.185000.5522.0000.00000. 07-00117 Legislation .pdf 07-00117 Summary Form.pdf 07-00117 Website.pdf 07-00117 Forms.pdf 07-00117 American Body Armor.pdf 07-00117 Facsimile Transmittal.pdf 07-00117 Letter .pdf 07-00117 Letter 2 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0064 CA.7 07-00126 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A WAIVER OF THE FACILITY RENTAL FEES FOR USE OF THE NORTH HALL City ofMiami Page 9 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 OF THE COCONUT GROVE EXPO CENTER BY THE COCONUT GROVE ARTS AND HISTORICAL ASSOCIATION, INC., A NOT -FOR -PROFIT ORGANIZATION, ON AN AS -IS BASIS, FEBRUARY 15, 2007 THROUGH FEBRUARY 20, 2007, IN CONNECTION WITH THE 2007 COCONUT GROVE ARTS FESTIVAL. 07-00126 Legislation.pdf 07-00126 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0065 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 Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez END OF CONSENT AGENDA Chairman Gonzalez: Commissioner, you have an item on the agenda, so we can --? Sally Heyman: Thank you, Mr. Chair. I am hoping CA.3 is on the consent. Chairman Gonzalez: Oh, it's on the consent. Ms. Heyman: If not -- Chairman Gonzalez: OK, very good. We're going to take the -- Ms. Heyman: -- I'm here. Chairman Gonzalez: -- consent agenda. You want to add anything to it? Ms. Heyman: I -- want me to make a brief statement? Pedro G. Hernandez (City Manager): Mr. Chairman, I think that she was here in case that the item was pulled. Chairman Gonzalez: Oh. Mr. Hernandez: If it's not -- Chairman Gonzalez: OK. Mr. Hernandez: -- there is no concern. Ms. Heyman: Then I'm fine. Pamela E. Burns (Assistant City Clerk): Excuse me. City ofMiami Page 10 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: All right. Ms. Burns: And your name again for the record. Ms. Heyman: Commissioner Sally Heyman, Miami -Dade County. Apologies. Chairman Gonzalez: OK, Commissioner. Thank you. All right. Is there a motion on the consent agenda? Commissioner Spence -Jones: Mr. Chairman, I just have one point on CA.5. Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: I'd like to pull CA.5 for just a comment. Chairman Gonzalez: CA.5. All right. Any other items to be pulled? All right. Can we have a motion on the balance of the consent agenda? Commissioner Sarnoff I'll so move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 11 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 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 07-00111 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE III/ DIVISION 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/OFFICERS/CITY CLERK," MORE PARTICULARLY BY AMENDING SECTION 2-143, TO PROVIDE A PROCESS FOR TRANSFER OF ALL RECORDS KEPT BY MEMBERS OF THE CITY COMMISSION UPON LEAVING OFFICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00111 Legislation .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: D2.1. Commissioner Sarnoff Mr. Chairman, I have an item, which is an ordinance that would allow a manner in which a leaving or parting Commissioner can leave his office intact, in sort of whatl would describe as a turnkey operation, where they would simply tender their key, keep their business records as they keep them in the ordinary course of business. There would be no boxing up of any files for the incoming Commissioner, and would leave the office then in an orderly fashion. I think this is how we envisioned it to go on. Unfortunately, it's not always the way it does go on. This is something I'm responding to in the manner and means I found my office, and there's just no reason thatl can see for boxing up of active files in the City ofMiami to transport them off premise, so I'm asking now that this ordinance be considered by the Chair and considered by my fellow Commissioners so that we now have a better understanding of how we leave our office for the incoming Commissioner. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Again, it's an ordinance on first reading, and because it's coming on the portion of the agenda that's Commissioner's blue pages, it would still be City ofMiami Page 12 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 appropriate for the Chair to open it to the public so that it be considered a public hearing -- Chairman Gonzalez: Yeah. Mr. Fernandez: -- and then immediately after that, then I will read to you the ordinance and explain the particulars of the changes. Chairman Gonzalez: All right. This ordinance requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I wish to speak in favor of this ordinance. It's the ordinary course of business in most government offices all over the country. It's something that is carried out in every respectable business in the country, and I think that the recent situation in Marc's office, which has been very unfortunate and held up the work of his staff for weeks, you'd -- that you'd want to avoid such a situation in the future. Thank you. Chairman Gonzalez: Thank you. Anyone else? Seeing none, hearing none, the public hearing is closed. Mr. City Attorney. Mr. Fernandez: Yes. Mr. Chairman, the change that's taken place -- and I'll read the title in a moment -- but just to explain it on the record, the language that's being added reads as follows. Members of the City Commission and the Mayor shall, upon leaving office, ensure that all public records kept in the ordinary course of business, including electronic files required in the current operation of the office, remain in their respective office and shall deliver the keys to the office of the City Manager. That is the substance of what's being changed. By the time we come to you for second and final reading, if there is any additional minor changes that should occur to make it crystal clear, we will have that for you then. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 4/0. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00130 DISCUSSION ITEM DISCUSSION ABOUT NAMING SOUTHWEST 38TH COURT FROM FLAGLER STREET TO SOUTHWEST 3RD STREET IN HONOR OF MAJOR GENERAL CALIXTO GARCIA-INIGUEZ. 07-00130 Cover Memo.pdf MOTION City ofMiami Page 13 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to forward a request, through the Administration, to the Miami Street Codesignation Review Committee to name Southwest 38th Court from Flagler Street to Southwest 3rd Street in honor ofMajor General Calixto Garcia-Iniguez. Chairman Gonzalez: All right. D2 (Disfrict 2) -- I'm sorry. That's it, D2.1. Now -- Vice Chairman Sanchez is not here. D4 (Disfrict 4). D4.1. Commissioner Regalado: Huh? Chairman Gonzalez: D4.1. Commissioner Regalado: Yes, sir. Mr. Chairman, this is -- I have two items. D4.1 is the naming of Southwest 38th Court from Flagler Street to Southwest 3rd Street, in honor ofMajor General Calixto Garcia-Iniguez. The reason for this is that, in that area, we have relatives and people that participated in the IOOth anniversary of Cuba's independence that was celebrated here in Miami several years ago, and they want -- this is a street -- this is a court with a median, and they want to honor this Cuban patriot of the 1800's, and the committee is sponsoring this naming of this street. Disfrict 4 office will share the costs with the committee, so my motion is to send this to the Administration to send it to the street naming committee and start the process. Chairman Gonzalez: All right. There is a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And there is a second. Before calling the vote, how long does it take --? I remember -- I don't know how long it was that Commissioner Regalado had a resolution and I second -- I think I second that resolution to co -designate two streets, one in the name of Reverend Rolando Espinosa, and the other one, Estrella Rubio. That was sent to the committee. How long does it take for this committee to look at the co -designation because that's very simple. I mean, you know, we're not talking dollars or budget or -- I mean, it's just -- Commissioner Regalado: No. Because I remember that your office and my office Chairman Gonzalez: We -- Commissioner Regalado: -- on the record, said that we were going to sponsor the costs of -- Chairman Gonzalez: Correct. Commissioner Regalado: -- the signs. Chairman Gonzalez: Correct, but what I'm talking about, Commissioner, is that we -- you know, it goes to the committee, and then it has to come back to us, and it hasn't -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- come back to us -- Commissioner Regalado: No. It hasn't come back to us, no. Chairman Gonzalez: -- and I've been asked by relatives of you know -- Commissioner Regalado: Yeah. City ofMiami Page 14 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: -- Espinosa what -- you know, what's happening with it. Could you find out --? Pedro G. Hernandez (City Manager): Mr. Chairman, I'll take a look at it and let you know before the end of this meeting as to where we stand -- Chairman Gonzalez: All right. Mr. Hernandez: -- on those items -- Chairman Gonzalez: I appreciate it. Mr. Hernandez: -- and also, if there's a way to maybe streamline that process because, in essence, it comes to you, and then it goes to them, and then it comes back to you. Chairman Gonzalez: And then it comes back. Mr. Hernandez: There's got to be a better way to accelerate that -- Chairman Gonzalez: Exactly, and that will be -- Mr. Hernandez: -- where it goes to you just once. Chairman Gonzalez: -- a great idea. I mean, you know. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. D4.2 07-00131 DISCUSSION ITEM DISCUSSION CONCERNING CONSTITUENT COMPLAINTS REGARDING NON-COMPLIANCE WITH THE CITY CODE AS IT PERTAINS TO THE CATALONIA PROJECT ON SOUTHWEST 27TH AVENUE. 07-00131 Cover Memo.pdf DISCUSSED Direction by Commissioner Regalado to the Administration to provide an update to the Commission at the City Commission meeting currently scheduled for February 22, 2007, regarding the Catalonia project. Chairman Gonzalez: D4.2. Commissioner Regalado: D4.2, Mr. Chairman, is an item that is very sensible to the area of Silver Bluff. This is an item that was discussed vehemently here many years ago, when we proposed the moratorium on 27th Avenue, and it's about the Catalonia -- the building they -- the condo building that is located on north -- on Southwest 27th Avenue and 24th Terrace, in District 4, and the neighbors have been concerned about some issues that, in this building, they have found, which were confirmed by the Administration and the inspectors, in terms of some Code violations on the construction. To make the story short, the Administration put a hold on the occupational license until these problems are resolved, and the Silver Bluff Homeowners Association have here a significant amount of documents that have been going on between the Administration, especially Zoning and Building, and the members of the association, and maybe Orlando Toledo could give us an update because the permit or the license -- or the operational City ofMiami Page 15 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 license, it's on hold, and there were some issues -- the issues of the alley, the issues of the lighting in the parking lot. These were issues that the residents really took it hard because it affects the residential area. You have to understand that this building is immediately located next to residential homes, so Orlando, if you can give us an update. Orlando Toledo: Senior director of Building, Planning, and Zoning, Orlando Toledo. Presently, there is two holds on the property for the CO (Certificate of Occupancy). One of the issues was the lighting issue, which is I believe is in the process or already has been taken care of and then the other issue is regarding the size of the loading zone. I've already spoken to the developer, the contractor, and the architect, and they're going to come back to me with some solutions, and then, as they come along, I will let the Commissioners know exactly what's going on out there. Commissioner Regalado: So not until -- and I just want to make sure that the people understand. This is not a favor to the resident. This is something that is in the Code and wasn't done right. Mr. Toledo: Yes. Commissioner Regalado: OK, so I'm -- just wanted to make sure that the people understand that this is not residents being, you know, crybabies. It's just that the residents took upon themself [sic] to measure and got an architect and all that, and they come up with the problems that the building had when it was built. Mr. Toledo: Yes. Commissioner Sarnoff Can I ask a -- Chairman Gonzalez: All right. Commissioner Sarnoff -- question? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Because I understand this building is with a TCO (Temporary Certificate of Occupancy). Mr. Toledo: No. Commissioner Sarnoff They don't have a TCO? Commissioner Regalado: No. They don't have -- Mr. Toledo: Yes, they do. Commissioner Regalado: Everything is on hold. They cannot occupy the building, not until -- Mr. Toledo: Correct. Commissioner Sarnoff Oh, this is not an occupied building? Commissioner Regalado: No, no, no, no. It's a building that is, I guess, almost finished, but the problem with the building is that it has several issues, several violations of the Code. I mean, the construction was done not according to the Code, and it evolved in some issues, and the Administration recognized that these were issues that need to be fixed. I mean, like I said, this is City ofMiami Page 16 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 not a developer -- residents meeting to let's do a favor and you support me and -- no. This is after the fact. The building was built, and it had some problems. Commissioner Spence -Jones: Are people living in the building? Commissioner Regalado: No. No, because -- Commissioner Spence -Jones: Well, I'm -- Commissioner Regalado: There is no people living there because -- Commissioner Spence -Jones: He say yes. Commissioner Regalado: -- they need to fix the issues that they got it wrong, and until they do, then they got the -- what they call, the occupational license or something like that? Commissioner Sarnoff Well, the -- Hector Lima: Hector Lima, director of Building. This is a brand-new building, and unfortunately, the plans were not followed. Therefore, inspections were rejected, which were brought up by the neighbors. They made us aware of it, but these are inspections that we would have rejected because the plans were not followed. Commissioner Spence -Jones: OK -- Mr. Lima: OK. Commissioner Spence -Jones: -- so no people are currently living in the building? Mr. Lima: No, and the -- what's on hold is the TCO, as you stated -- Commissioner Sarnoff The hold -- so the TCO -- Mr. Lima: -- because they -- Commissioner Sarnoff -- is on hold. Mr. Lima: -- have not fulfilled the requirements that were submitted on the plans to the City of Miami. Commissioner Sarnoff Well, could you educate me for a moment? Because the TCO is issued, and then what -- why is the TCO issued, as opposed to just the CO? Mr. Lima: There are times when a project lacks certain things that are not life safety or deal with disabilities, and the Code allows us for -- to give a temporary CO while they complete those items. Commissioner Sarnoff So it's sort of punched list items that are not life safety, you would allow Mr. Lima: That are not life safety. Commissioner Sarnoff -- a TCO, OK. Chairman Gonzalez: Right. City ofMiami Page 17 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Mr. Lima: That's correct. Commissioner Regalado: I would -- see, this is one building, but this could be a learning experience for everyone in the City, and I would really, if the Chairman allows, like the president of the Silver BluffAssociation just to state briefly their case because they have done their homework, and they help the City understand that that plans were not followed. That's what it is, and this was something that we need to follow throughout the City. Janice, would you briefly explain the issue of the residents? Janice Tarbert: Janice Tarbert, 2520 Southwest 24th Terrace, Silver Bluff Homeowner's Association. Our issue mainly is with the loading berth. It is not the proper dimensions. It abuts the public's sidewalk. My understanding is that it's supposed to be, at least, ten feet from the public sidewalk. It is not covered. It's outside. It's not internalized. We have other issues, but this is our main issue right now. This property abuts residential houses. The -- I measured the berth -- the slab. It's only 35 feet from the sidewalk to the building. They had barriers two feet from the building to protect the fire connections. My understanding -- Orlando told me this morning that they have taken down those barriers. If a truck pulls in there to unload people moving in, they're still -- they can't go right next to the building. You have to have space to be able to maneuver the furniture out of the back of the truck, so my concern is it's going to protrude over into the public sidewalk, and that's my issue, and I also believe it is not wide enough. Commissioner Regalado: And of course -- Chairman Gonzalez: All right. Commissioner Regalado: -- the parking -- the structure in the parking, the lights, they were -- that they were installed, they really -- I mean, it looks like Dolphin Stadium. Because I live very close from there and you live next to it, and Judy, about a block, and Terry (phonetic) next to it, so it looks like Dolphin Stadium for all the residents on the east side of 27th Avenue. Ms. Tarbert: I will say this. I believe the lights have been lowered. Commissioner Regalado: OK Ms. Tarbert: It doesn't look as bright, but they're still bright and really affect the two houses that abut this property. One of the problems was, because they are building by right, they did not have to go through the Planning Department; this is what I've been told. There are no coverings on their windows at all, and there would -- I would have to say there's about 15 windows in the back, because that's where their parking garage is, that there are no coverings. There's no louvers, there's nothing, and those lights shine right on the residents' houses. It's like a spotlight on their house. Chairman Gonzalez: All right. Commissioner Regalado: OK Ms. Tarbert: OK. Chairman Gonzalez: Thank you. Commissioner Regalado: Thank you, so -- Ms. Tarbert: Thank you. City ofMiami Page 18 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: -- we will get an update -- actually, in the next PZ (Planning & Zoning) next week, if Hector and Orlando will give us an update because this could be used for future cases where the neighbors were the one that caught that the plans were not follow, so it's just -- this was just a discussion item, Mr. Chairman. Thank you. Chairman Gonzalez: All right. Thank you. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00150 DISCUSSION ITEM DISCUSSION EXPRESSING THE SENTIMENT OF THE COMMISSION THAT THE COMMISSION SUPPORTS THE IDEA THAT THE CITY MANAGER ESTABLISHES AN EXPEDITED PROCESS FOR PROCESSING BUILDING PERMITS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS FUNDED BY THE CITY SINCE THE NEED FOR SUCH HOUSING IS CRITICAL TO THE CITIZENS OF THE CITY. 07-00150 Cover Email.pdf DISCUSSED Chairman Gonzalez: D5.1. Commissioner Spence -Jones: Yes, Mr. Chairman. This -- I only have two items that really want to discuss. The first one is, as you know, the affordable housing issue or the housing issue throughout the whole City has been -- become a, you know, huge, big issue, not only in my district, but for everyone. One of the things that have been getting constant feedback on is the feeling of many of our affordable housing developers, whether or not they be single-family house builders or major multifamily builders, is that it is extremely difficult to get through the Building Department to get a lot of their projects through permitting. I just wanted to really -- the feeling amongst the builders is that, you know, they're seeing around them, you know, maj -- huger -- huge buildings being built left and right in the downtown area and other places throughout the City, and the feeling is, how are they able to get their buildings built so fast, so one of the things I wanted to do was, at least, bring this to your attention and to my colleague's attention because I think that, because have this crises going on with affordable housing at this point, that we have to figure out a faster way to expedite the permits to make sure things are getting actually built in all of our districts, so my question really is to the City Manager. You know, I understand that there is some sort of process now that you're working on. If you could, at least, give us an update as to where we are with that, so that, at least, the builders know that they'll have some sort of priority too, andl do understand the difference between the two. You know, they probably have people to -- the build -- other builders probably have people that can expedite their permits, for whatever reason. They pay somebody to do that, and a lot of the small builders can't really afford to do that, so -- Chairman Gonzalez: Commissioner -- Commissioner Spence -Jones: -- I just want -- Chairman Gonzalez: -- if you allow me, I would like to -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- interject on that. I happen to agree with you that there is a problem in City ofMiami Page 19 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 getting plans or permits expedited on affordable housing, but the problem is a big problem because there are these for profit developers that have money, and they can pay to have their plans exam[sic] at night. They have to pay an extra fee. Is that correct? Hector, could you please? Hector Lima: Hector Lima, director of Building. Yes. We offer an after-hours review -- Chairman Gonzalez: After-hours service -- Mr. Lima: -- for extra dollars, yes. Chairman Gonzalez: -- and they have the money to pay for the after -hour examination of plans, and you know, they are -- you know, things are facilitated to them, which I don't have a problem. I don't have a problem with that system. My problem is that what about the non -for -profit agencies that are trying to build affordable housing, and they don't have the money to pay for this service at night because the money that is given to them is just to build, and then they have to go through a tedious process, and let me tell you. The CBO (Community Based Organization) in Allapattah is -- has been trying to get a set of plans approved -- and Hector, you have helped a lot on that, and I have to recognize that. It has been a year, and we talking about a twin home set of plans. We're not talking about a high-rise, 25-story high-rise. We're not talking about 500 apartments. We talking about a twin home. In my mind, I can't understand why it takes a year or probably more than a year to get a set of plans approved. I -- granted that maybe the architect made mistakes, but I mean, you know, you submit the plans; they are revised. You need to revise this section and this section and this section. They should go back to the architect. They should make the revision, send it back to the City, and it should be approve you know, and it has been a back and forth and back and forth and back and forth, and then you have some authorities investigating affordable housing, and why is it taking so long, and why don't they build, and why -- you know, and they are not performing. Well, that is one of the reasons why they're not performing. That is one of the reasons why -- we give them the land, and be -- after we give them the land, it take a process to get them the money to build. Once we give them the money to start building all the soft costs section of the project, where they do their drawings and they get ready to submit plans, then they have to submit plans, and then when they submit their plans, it take a year, a year and a half to get the plans approved. That is the reason -- for those that are looking on TV (Television) -- why not more affordable housing is being built in the City ofMiami. That is only one of the reasons, and we need to find a way to streamline the process, and if we help people with money because they have the money, we have to also help poor people that don't have the money, but are trying to do exactly the same thing that the for -profit companies are doing. The for -profit companies, they're building, even though it is affordable housing, but they're building to make a profit, and they make a good profit on their projects. The non -for -profit agencies -- the word says it, non -for -profit agencies -- they don't make a penny, and they are classified or they are look at by Community Development on their performance. If they don't build, they will never receive money for their expenses. They will be wipe out, so you know, we're forcing them to build in order to, you know, live, and then, on the other hands, we close their doors, so I mean, you know -- Commissioner Spence -Jones: Mr. Chairman, I'm so glad -- Chairman Gonzalez: -- and excuse me. I -- Commissioner Spence -Jones: -- that you're just as passionate about -- Chairman Gonzalez: -- have said it here many times. On the five years that I've been sitting here, I have said it many times. If we want to do away with the non -for -profit, come out and say it. Say it. We don't want to have anymore non -for -profits in the City ofMiami building. Say it, and then we'll discuss it, and we might agree or we might disagree, but I mean, don't keep City ofMiami Page 20 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 closing every single door of the people that are trying to build affordable housing in the City of Miami at the lower cost -- the lowest cost. I'm sorry that I, you know -- Commissioner Spence -Jones: No. I'm glad to -- Chairman Gonzalez: -- but I had to say it. Commissioner Spence -Jones: -- see that you are very passionate about it like I am, and I -- again, I do want to acknowledge -- I know, Orlando and Hector, you guys have, when there has been issues for CD (Community Development), trying to make sure that we push to make sure projects do move, but I do -- I am receiving, you know, comments from my community about things that they're trying to build, and what I don't want to have happen, six months down the line, or a year down the line, when we're all -- we all have to be looked at for whatever land that we transfer or whatever dollars that we make available, as a -- you know, I don't want to be in a position where the reason why they're not producing is because they've been held up, for whatever reason, in the Building Department, and I'm not making it fully your responsibility, and maybe part of it is there needs to be something that needs to be put in place to assist you with doing what you need to do because there is a lot of building happening in the City, butt just -- if we know that we have a crises that's going on, and we know that affordable housing and low-income rentals is a big issue right now, to me, it seems as though this should be a priority, at least, from an Administration standpoint, to do whatever it takes to make sure that these buildings get built, and it's not just -- so let's be clear. It's not just always the building of new housing. My next item, which is going to be the Town Park situation, is there -- you know, they've -- almost a year trying to get permits for just their roofs from -- you know, the roof damage that took place from the last hurricanes, so just having to push to make that happen, and it should not always -- when we see that these issues are taking place, there needs to be another way to address it, so I'm going to allow for you to, at least, speak, Mr. Manager, because you look like you're on the edge of the seat, so go ahead. Pedro G. Hernandez (City Manager): The reason I'm a little edgy on it is because this is an item which I have extreme experience over the last ten years. We do have, in the City ofMiami, a priority for affordable housing, and Hector can attest to that. We do have an individual that now, because of health reasons, is not doing the, let's say, lead in pushing all these items through the permitting process. He was with Community Development, and I have somebody else assigned to do that. Building, because of the permitting process, is always looked to be the goat, and normally, they carry the bulk of the blames when you talk about the permitting process. They're only one of like six departments that get involved in the process, some of which are even outside of the City domain, Water & Sewer, DERM (Department of Environmental Resources Management), the Health Department, all of those have an impact. When you see a permit that's lagging like a year, it's not because of Building. It's because probably they have a Zoning issue, a land use issue, a Water & Sewer, DER Mproblem that prevents that from happening. That's normally the case. It's not his review. His review, I think that it's normally controlled, you know, his discipline, structural, mechanical, electrical, and is done reasonably fast, but there are so many other things involved in the permitting process that can throw a monkey wrench into a project and won't allow it to move. We -- besides what we have right now as a priority, I'm personally committed and the Administration is committed to do all we can on more affordable housing projects. It's the highest priority, whether it's a rehab or a new project, and I've met with companies -- big companies that do affordable housing. I know their concerns, but I'm also meeting with the other departments that are involving permitting, besides Building; Public Works, Zoning, Fire -- Chairman Gonzalez: That -- you just mentioned it. You just mentioned it. I was waiting for you to mention it. That's where the problem strikes. Zoning, which I don't see what the problem with zoning is because zoning is zoning. It's (UNINTELLIGIBLE) -- it's either R-1, R-2, R-3, R-4 -- I mean, the zoning -- you know, if the zoning is right, you can build. The Zoning and Public City ofMiami Page 21 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Works -- and I have heard some complaints about Fire too, OK -- Mr. Hernandez: Yes -- Chairman Gonzalez: -- so -- but it is Zoning and Public Works and some problems with Fire. Mr. Hernandez: -- and I'm also reaching out to meet with Water & Sewer and DERM, on the County side, to see if we can facilitate those processes, but normally, before a project ever makes it to Hector's shop, it have to clear zoning, definitely. That's the number one stumbling block, and you have to clear that, and then be sure that you have the ability, from Water & Sewer, the capacity to actually handle the project, so there are many things that come together on a project, and I'll be meeting with all the departments, even the County departments, to see what we can do expedite those things, but affordable housing is number one, whether it's nonprofit or for profit. Chairman Gonzalez: I wish you good luck with Miami -Dade Water & Sewer, after going through what we have had to gone through; that Miami -Dade Water & Sewer issued an allocation letter where they tell you that the capacity that you have, existing capacity is right for a project, and once you have the project built, and you're going to connect your water, they tell you, no. You need to bring a water main two blocks away from here, and it's going to cost you $500, 000, and when you tell them, what about this letter, where you told me it was all right? Well, I made a mistake. OK, now you have to come up with $500, 000. Imagine telling a non -for -profit that has -- that they're given the exact amount of money to build a project, now you have to come up with $500, 000 in order to have water or you don't have a building, so good luck with Miami -Dade Water & Sewer. Mr. Hernandez: Mr. Chairman, we'll fry to intercede for every one of those projects to see if we can improve the response. Chairman Gonzalez: All right. Commissioner Spence -Jones: So, Mr. Manager, you are -- we are going to try to work having -- putting an expedited process in place? Mr. Hernandez: We'll definitely improve upon what we have because that's the number one priority. Commissioner Spence -Jones: All right. Thank you, Mr. Chairman. That's -- I just wanted to have a discussion on it. D5.2 07-00151 DISCUSSION ITEM DISCUSSION REGARDING THE CITY'S PARTICIPATION, UPON PRESENTATION BY THE SOUTH FLORIDA LOCAL INITIATIVES SUPPORT CORPORATION ("LISC"), IN THE REHABILITATION OF 151 UNITS FOR TOWN PARK VILLAGE #1 CO-OP LOCATED AT 1680 NW 4TH STREET, MIAMI, FLORIDA. 07-00151 Cover Email.pdf DISCUSSED Commissioner Spence -Jones: And then the next item I have is D5 (District 5) -- again, I'm -- all my focus -- D5.2, I'm sorry -- has been affordable housing because, you know, that's a true big issue in my district. Today I have with me the folks from Town Park Village, working in partnership with HUD (Department of Housing and Urban Development), and LISC (Local Initiative Support Corporation), and the Knight Foundation to really look at this issue. As you know, in my district, it seems as though I've inherited a lot of issues, and Town Parks [sic] -- whether or not it be Town Park Village, Town Park North, Town Park South, they all have City ofMiami Page 22 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 problems. One of the things I wanted to at least, be able to acknowledge, Anita and Kris from LISC, immediately, when I began to address this issue, they came to the table from LISC to work along with the residents to fry to find a solution to what was happening with them. Prior to me being in this seat, there's been many promises that have been made to the Town Park Village residents about where they're living, and -- from the City -- a lot of those things have never really come through, and I just wanted to, at least, Mr. Chairman, as we talk about affordable housing and low-income rentals, and building -- and the building of new sites, I think that it's really, really important that we also focus our energies on the preservation of existing units that we already have. As you know, in my disfrict, especially in Overtown, there's a great, big fear of many people that are living in Overtown being pushed out because of all the major development that's happening downtown, and I think that this is -- this serves as a great opportunity for us to look at how we use our dollars wisely. As you know, and if you don't know, I'm going to let you know today, because of all the empty promises and the issues that have taken place with HUD regarding the Town Park Village, the -- HUD has threatened to foreclose on Town Park Village, and that's 151 families in Overtown that would be displaced because of them failing this REAC (Real Estate Assessment Center) inspection. Now mind you, again, a lot of the promises that were made were not kept, so what I wanted to really do today, more so than anything else, is Community Development -- I don't know where Barbara is here -- has been working along with us to assist us with identifying the necessary dollars to address the dire needs that they have regarding them passing the -- their REAC inspection, and which is very important, and I want to thank Barbara for, at least, trying to figure out some creative things that we could do, and I can -- I'd like to have, at least, Anita, also from LISC, at least, take to the podium for a minute, if she can -- or Kris. It's fine -- to, at least, bring us some sort of update as to where we are with this project. Again, my colleagues, I want you to understand, you know, I have a huge, big issue in my disfrict, and those that sit on the CRA (Community Redevelopment Agency) know, you know, that people are really fearful about being pushed out of places like Overtown, and when issues come up where there's a problem with them passing the inspections, or whatever the case may be, and the possibility of foreclosure, you know, looming around their projects or where they live, people become very fearful, and they feel as though that this is a part of a plan to rid them from the neighborhood, and I just want to be very clear on the dais today that -- to the residents of Town Park Village that we stand committed to find a way to work along with LISC, HUD, and Community Development to figure out what we must do in order to help you with your current situation. I was not a part of whatever the original commitment was four years ago with the former Commissioner Teele, and I do know that there is, you know, a feeling that some things just never happen, but I am here today, and I'm standing with these organizations and trying to figure out a way to solve the current issue that you have, so I just want you to know that we're committed to frying to do that, but if Barbara can give us, at least, an update, as far as the next steps are concerned, I greatly would appreciate it, and then, Kris, if you could, at least, let us know what you're doing from the standpoint of the partnership. Barbara Gomez: Barbara Gomez, director of Community Development. First of all, we have been meeting on reference to Town Park, with all the players; number one being US HUD (United States Department of Housing and Urban Development), since this was not a project ever funded by the City, so we were never part of this development, or the mortgage, or anything that has been going on. Four years ago, we did fund a nonprofit to go in, and we fund them $200, 000 in order to help them with the emergency situation. We met with LISC. I did have some conversation yesterday with Blue Roof that it's also helping them with the roof situation at the building. We have been in contact with HUD to see not only the foreclosure, but what's going to happen to this building on the long run. We are very committed to the project as a whole. We feel that continue putting dollars and dollars on emergency little repairs is not the solution. We want to see a major development. We know that risk have -- LISC has taken the lead on this project, and we will be sitting down with them, looking at the budget, looking at the funding sources, and seeing what, you know, would be the commitment from the City. At this point, number one, we cannot tell you the dollars. We are committed to the project. We will work on the emergency situation to make sure that we're part of it and the funding that we can City ofMiami Page 23 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 put will be coming through. Again, at this point, all I can say is that we will continue working with LISC, HUD, Blue Roof the County, to make sure that not only this emergency repair, but that the building gets totally -- Commissioner Spence -Jones: A full rehab. Ms. Gomez: -- rehab, so that's my update as of today. Chairman Gonzalez: All right. Commissioner Spence -Jones: If you don't mind -- Kristopher Smith: Just -- Commissioner Spence -Jones: -- Mr. Chairman. Mr. Smith: -- real quick. Commissioners, Chair, just want to put on the record -- Kris Smith, with South Florida LISC. I want to acknowledge the board president, and Ms. Slater is here -- and Ms. Slater, could you stand, please? -- and we also have two other residents here who've taken the time to come out and just demonstrate the importance of this issue. As a result of Hurricane Wilma, there's roof damage, OK, and this amounts to -- in order to address the complete rehab of the property, we must deal with the immediate concern, and that is the REAC inspection, and Commissioner Gonzalez, I'm sure you're very aware of that process, so we have made a commitment, LISC is at the table with real dollars, and we stand to invest, with the Knight Foundation, in excess of $1 million for this project for those residents, and we need to make sure that we are in line with the City ofMiami, and through Barbara's help and the Commissioner's request to be involved with HUD. MA/LAP (Metro Miami Action Plan) is also at the table and private partners. We're planning an event March 10, through a partnership with Royal Caribbean and also American Airlines, and there're going to be over a thousand volunteers at that property doing repairs, and that's the high watermark that we're trying to reach at this point to send a message to that neighborhood that this issue will get resolved and those residents will have a stable housing situation, so again, I would ask that we continue to talk, Barbara, and address the immediate concern, which is the roofing expense, and through Leonard Turkel's leadership, who's also here -- I want to acknowledge him -- with Blue Roofs, that we've been able to come up with some idea of what that will cost, and we're seeking the City's support for that. If you just would indulge and allow Ms. Slater to go ahead and put on the record a few comments. Lillian Slater: Good morning. I just want to thank the Commissioners, the Mayor, and each and every one of us. I just thank God that somebody will answer prayers, and I thank God that Commissioner Jones [sic], she comes to the rescue, even Mr. Smith, and all these years that we been coming -- Ms. Barbara, she knows what went on, and Commissioner Regalado, some of us wasn't here, butt just thank God and we all can come together, no matter what color we are, and we want to stay Overtown, 151 units, plus, it's more of us, butt just thank God that we come together and help us live there, and communicate together, and LISC and Commissioner, they're working together, and you all give us whatever you got. Give it to us, and show that we can have a place to stay Overtown. Thank you. Pamela E. Burns (Assistant City Clerk): Excuse me. Commissioner Spence -Jones: Thank you. Ms. Burns: We need your name for the record, please. Ms. Slater: My address is 1640 Northwest 4th Avenue, Apartment IOC, Lillian Slater. We been City ofMiami Page 24 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 there ever since it was built, 1970. We moved in in 1971, and I lived there 32 years. Ms. Gordon lived there 30 -- long as it's been there, and Mr. (UNINTELLIGIBLE) been there for many years, our manager, and I want to thank him because he done a good job. Thank you. Chairman Gonzalez: Thank you, ma'am. Commissioner Spence -Jones: Mr. Chairman, again, I thank you so much for allowing for the individuals to speak from the community, but think it's really important, you know. You know, we always hear, you know, that the City's not doing what it needs to do to protect the residents that are there, and I can tell you, from day one when I inherited this issue and I got in this seat, I saw that this -- whatever was promised to them was not right. It was not fair that no one was willing to address the issue, and they -- and Kris can tell you and LISC can tell you, and the Slaters and the folks on the board, that I've been out there several times meeting with that tenant council trying to figure out what we must do, and I just don't want to keep giving the people the runaround. Let's figure out what we need to do to preserve the housing that we have there in Overtown, those 151 units, and begin to address what the real need is. I mean, I don't have a problem with building new units. I think we definitely need to do that, but we have these seniors that have been there for thirty -something years that deserve to stay there and own their property, so I just want to make sure that communicate to Mr. City Manager and Barbara whatever we need to do -- the private sector is now stepping up to the plate by providing the resources and the manpower. Now the City has to do its part, so I just want to make sure that that happens. Thank you very much, Mr. Chairman. Chairman Gonzalez: Thank you. City ofMiami Page 25 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 PUBLIC HEARINGS PH.1 06-02286 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PUBLIC WORKS THAT FUEL MIAMI LLC., AND FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("FUEL OUTDOOR"), IS THE MOST QUALIFIED FIRM TO PROVIDE BUS BENCH AND BUS SHELTER DESIGN, INSTALLATION, AND MAINTENANCE FOR USE BY THE GENERAL PUBLIC WITHIN THE CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR BUS BENCH DESIGN AND BUS SHELTER INSTALLATION AND MAINTENANCE, (COLLECTIVELY THE "ORIGINAL AGREEMENT") WITH FUEL MIAMI LLC, AND WITH FUEL OUTDOOR HOLDINGS, LLC, WHICH INCLUDES BUT IS NOT LIMITED TO SUCH CONDITIONS. WITHDRAWN PH.2 07-00071 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 & LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT ON APPROXIMATELY 140.8 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 480 NORTHWEST 11 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 07-00071 Legislation .pdf 07-00071 Exhibit .pdf 07-00071 Exhibit 2 .pdf 07-00071 Summary Form.pdf 07-00071 Memo .pdf 07-00071 Notice of Public Hearing .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado City ofMiami Page 26 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 R-07-0067 Chairman Gonzalez: Now we're going to go into the Public Hearing segment of the agenda. PH.1. I'm sorry. PH 1 has been withdrawn. PH 2. Jorge L. Fernandez (City Attorney): PH 2 is the grant of an easement to Florida Power & Light. Laura Billberry (Director): Lori Billberry, Public Facilities. This is an easement to FP&L (Florida Power & Light) for the renovation of the Retired Black Officers precinct building, and this is to provide electric for the building. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Do I hear a motion? Commissioner Spence -Jones: So moved. I just have a comment. Chairman Gonzalez: We have a motion -- Commissioner Sarnoff Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH2. Commissioner Spence -Jones: Yes, Mr. Chairman. Chairman Gonzalez: I'm sorry -- Commissioner Spence -Jones: I have just one -- Chairman Gonzalez: -- PH 3. Commissioner Spence -Jones: Mr. Chairman, I have a comment. Lori, I'm going to keep doing it and -- so that it -- Pamela E. Burns (Assistant City Clerk): Excuse me. Commissioner Spence -Jones: -- gets some attention to Florida Power & Light because I don't know how many times I've asked them since I've been sitting on here -- on the dais. These substations that are in Overtown are inadequate; they're exposed. They keep telling me that they're going to -- and again, I'm approving and supporting the easement because I support the black precinct, but it makes no sense for these children to have to walk back and forth to their homes, to their schools -- they don't look like this in any other neighborhood. I would like for you to please -- Chairman Gonzalez: No, no, no, no, no, no, no. Commissioner Spence -Jones: Oh, they do? Chairman Gonzalez: I defer. Commissioner Spence -Jones: OK. City ofMiami Page 27 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: No, no, no. They do it in other neighborhoods. Commissioner Spence -Jones: OK, so, in this neighborhood or whatever neighborhoods, I'm just telling what they look like in Overtown. Is there any way --? I mean, are they responding to you, Commissioner Gonzalez? Chairman Gonzalez: Well, I was waiting for you to finish so I could -- Commissioner Spence -Jones: Yeah. Are they responding to --? Chairman Gonzalez: Let me tell you. A year ago, or more than a year and a half ago, we had a meeting with representative of Florida Power & Light. Commissioner Spence -Jones: Right. Chairman Gonzalez: We had -- that was the time that the other City Manager was here. Mary, I'm addressing the issue with Florida Power & Light and the station -- the substation next to Sewell Park -- Mary Conway (Chief of Operations): Yes. Chairman Gonzalez: -- on 11 th Street and what, 20th Avenue? Ms. Conway: Yes. Chairman Gonzalez: I was promised that they were going to do something to correct what -- the mess that they have there, and I haven't heard from them again, and the Commissioner is addressing this item that has to do with an easement, and you know, I'm ready to jump, you know, the wagon, and maybe one time they're going to come and there will be -- there won't be three votes to approve their easements. Ms. Conway: Mary Conway -- Chairman Gonzalez: Mr. Manager. Ms. Conway: -- chief of Operations. IfI might just add, the FPL substation that is by Sewell Park, there were two issues there. One issue that you had raised was the issue of just the shielding the substation. Chairman Gonzalez: Correct. Ms. Conway: I'm not aware that we've gotten back a formal response from FPL on that. The other issue dealt with an access road, and that is predicated on the adjacent development, so that's something that won't be able to happen. We do have their commitment that they would work with us on that, but it can't happen until the development comes through and we can do it together, but regarding the aesthetics of the substation, that is something that we need to follow up with FPL on. Chairman Gonzalez: Yeah, because, you know -- Commissioner Spence -Jones: I have four of them in -- I know in Overtown alone that, you know -- I mean, it's horrible, you know, that they have no -- they're fenced, and they just look horrible. I went out, did a tour, a whole day with them, and still -- it's going on a year now and nothing has happened, so I'm supporting it, you know, because I want the black precinct to have what they need to have in order for them to move ahead, but I'm also sending a strong message to City ofMiami Page 28 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 PH.3 07-00086 Department of Capital Improvement Programs/Transpor tation them that they have a responsibility to the local residents. Ms. Conway: In this instance, the easement is for the benefit of the City's project, but the Manager and I can reach out to FPL and set up a meeting to follow up with them on the aesthetics of the substations. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Well, let me tell you. I just -- you know, I just told you. Right now, on this instance, she's going to support it because it's going to be in reference to the Martin Luther King Boulevard. Commissioner Spence -Jones: No, no. No, no. Which one? P -- Ms. Conway: PH.2. Commissioner Spence -Jones: PH.2? Chairman Gonzalez: It's PH.3. Ms. Conway: 2. Commissioner Spence -Jones: Oh. Ms. Conway: We're still on 2. Chairman Gonzalez: Right -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- and that's the only reason I'm going to support it too, but otherwise, she probably would be voting against it, and I will be voting against it, so it will lose, so you better call Florida Power & Light today and tell them, listen, you know, you better get on the ball because one day you're going to need something and you won't be -- you won't get the approval of the Commission. I mean, they're treating us like we are -- I don't want to say it. OK. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioner, we'll bring FP&L in. I know the representatives. I'll talk to them and provide a response on those two isses. Chairman Gonzalez: I mean, it's a total disrespect. It's a total disrespect in all senses to the poor communities of this city. Poor communities in this city are treated like -- like you know what? Like garbage, and we keep talking about it and talking about it and talking about it, and we don't seem to be able to send the message. It's frustrating, I'm telling you, you know. There's going to be a social revolution here in this city one of these days. All right. You're done? Commissioner Spence -Jones: I'm done, sir. Chairman Gonzalez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS; WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 City ofMiami Page 29 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE AWARD TO PROVIDE LANDSCAPING SERVICES ON AND SURROUNDING MARTIN LUTHER KING JR. BOULEVARD, TO BLACK REFLECTIONS, INC., IN AN AMOUNT NOT TO EXCEED $49,997; ALLOCATING SAID FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT ENTITLED "MARTIN LUTHER KING JR. STREETSCAPE IMPROVEMENTS," B-78505. 07-00086 Legislation .pdf 07-00086 Exhibit .pdf 07-00086 Exhibit 2 .pdf 07-00086 Summary Form.pdf 07-00086 Informal Bid Tabulation.pdf 07-00086 Letter .pdf 07-00086 Letter 2 .pdf 07-00086 Proposals .pdf 07-00086 Request for Written Estimate .pdf 07-00086 Request for Written Estimate 2 .pdf 07-00086 Memo .pdf 07-00086 Notice of Public Hearing .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0068 Chairman Gonzalez: PH.3 is a public hearing. Anyone from the public? Seeing none, hearing none, do I hear a motion? Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? Unidentified Speaker: Four fifth. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Pedro G. Hernandez: Four, right? Chairman Gonzalez: All right. We had some items advertised for 10:30. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: It's 10:52. Mr. Fernandez: I just need the City Clerk to note that this required a four fifth vote, and it did City ofMiami Page 30 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 10:30 A.M. PH.4 07-00087 Department of Community Development get the four -fifth vote. Thank you. Pamela E. Burns (Assistant City Clerk): That's correct. A sign language interpreter translated discussion of items PH.4 and PH.5. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLANS ("LHAP"), ATTACHED AND INCORPORATED, TO INCLUDE THE DEFINITION OF ESSENTIAL SERVICES PERSONNEL, FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2007, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE MODIFIED LHAP FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 07-00087 Legislation.pdf 07-00087 Exhibit .pdf 07-00087 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0069 Chairman Gonzalez: OK. PH.4. Barbara Gomez (Director, Community Development): PH.4. Barbara Gomez, director of Community Development. The City ofMiami is requesting to amend our SHIP (State Housing Initiative Partnership Program) local housing assistant [sic] plan. By amending this plan, this enable us to apply for the state under the Community Workforce Housing Innovation pilot program, and the Administration recommends revising the plan to include a definition of essential service personnel. The definition that we're recommending is the same one that the State has adopted, which is -- which will include educational services, healthcare industry, law enforcement, fire safety and emergency services, criminal justice system, and city government. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Commissioner Regalado: I move the item. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a -- there's -- OK. No one wants to speak on the item. We have a motion, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 31 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 PH.5 07-00110 Department of Community Development Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF FUNDS, IN THE AMOUNT OF $5,000, FROM MIAMI-DADE COUNTY DISTRICT 6 DISCRETIONARY RESERVE AND OFFICE FUND ACCOUNT; AUTHORIZING THE ALLOCATION OF SAID FUNDS, TO SUNSHINE FOR ALL, INC., TO PROVIDE MEALS TO HOMEBOUND ELDERLY PERSONS RESIDING IN THE CITY OF MIAMI'S DISTRICT 4 AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SUNSHINE FOR ALL, INC., FOR SAID PURPOSE. 07-00110 Legislation .pdf 07-00110 Exhibit .pdf 07-00110 Exhibit 2 .pdf 07-00110 Exhibit 3 .pdf 07-00110 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0070 Chairman Gonzalez: PH.5. Barbara Gomez (Director, Community Development): PH.5, we are requesting approval to accept $5, 000 from Miami -Dade County District 6 reserve account, and allocating such funds -- and these funds were awarded to District 4, so we are recommending that it be awarded to Sunshine For All, Inc., since they are the provider that is offering -- deliver meals to homebound elderly and residents of Disfrict 4. Chairman Gonzalez: Let it be known that the Commissioner from District 6 in the County is Commissioner Rebecca Sosa, and she is the one that is doing this donation to the City ofMiami. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Regalado: Mr. Chairman, I would like to say that Commissioner Sosa is very, very involve in the area that she represent that overlaps with District 4. There is a long waiting list of homebound meals need to be assign because that part of the Flagami area is a part of where many elderly residents live, and they are having hard times, and we really need to thank Commissioner Sosa for her donation, and it will help a lot of people in her district and our district. Chairman Gonzalez: That's correct. Ms. Gomez: Thank you. Commissioner Regalado: I move the item. City ofMiami Page 32 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. We have a motion from Commissioner Regalado -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Gomez: Thank you. City ofMiami Page 33 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 SR.1 06-02262 Department of Capital Improvement Programs/Transpor tation ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN ADDITIONAL FUNDING CONTRIBUTION OF AN AMOUNT NOT TO EXCEED $350,000, FROM MIAMI-DADE COUNTY, FOR THE SOUTH MIAMI AVENUE FROM SOUTHWEST 25TH ROAD TO SOUTHEAST 15TH ROAD, PROJECT B-60479; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-02262 Legislation SR/FR.pdf 06-02262 Summary Form SR/FR.pdf 06-02262 Text File Report SR/FR.pdf 06-02262 Text File Report 2 SR/FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12883 Chairman Gonzalez: Now we're going to go into the second reading ordinance. We're moving along pretty well. We might be done in the morning, maybe. SR.1 is a second reading ordinance. Yes, sir. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. This is the second reading to accept a grant from Miami -Dade County, in the amount of $350, 000, for additional roadway improvements at -- on the South Miami Avenue project, from Southwest 25th Road to Southeast 15th Road. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Is there a motion? Commissioner Sarnoff I'll so move. Chairman Gonzalez: We have -- Commissioner Regalado: Second. Chairman Gonzalez: -- a motion, and we have a second. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. City ofMiami Page 34 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 SR.2 06-02277 ORDINANCE Office of the City Attorney Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY REPEALING SECTION 37-1, ENTITLED "STATE MISDEMEANORS ADOPTED BY REFERENCE," IN ITS ENTIRETY. 06-02277 Legislation SR/FR.pdf 06-02277 Cover Memo SR/FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12884 Chairman Gonzalez: SR.2. Jorge L. Fernandez (City Attorney): SR.2 is the second reading of an amendment that we're making on our Code so that we delete reference to state misdemeanors so that we don't confront challenges to our police officers citing anyone, like other jurisdictions have. This would -- Chairman Gonzalez: All -- Mr. Fernandez: -- bring us in compliance with recent case law. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Read the ordinance. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: We -- do we hear a motion? Commissioner Sarnoff I'll move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. SR.3 06-02285 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 31/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," MORE PARTICULARLY BY AMENDING SECTIONS 31-26 THROUGH 31-50, BY CHANGING THE TERM City ofMiami Page 35 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 "LOCAL OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX AND THE TERM "OCCUPATIONAL LICENSE" TO "LOCAL BUSINESS TAX RECEIPT;" PROVIDING FOR AMENDED DEFINITIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02285 Legislation SR/FR.pdf 06-02285 Summary Form SR/FR.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12885 Chairman Gonzalez: SR.3. Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting & Performance. This is an ordinance amending Chapter 31, Article 2 of City Code, more particular, Sections 31-26 through 31-50, changing the term "occupational license tax" to "local business tax," in compliance with state statute. Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): We need a motion and a second. Chairman Gonzalez: I'm sorry. Commissioner Regalado: I'll move it. Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. SR.4 06-02288 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/"CONSTRUCTION, EXCAVATION AND REPAIR," MORE PARTICULARLY BY AMENDING SECTION 54-42, ENTITLED "EXCAVATIONS," TO UPDATE THE RESTORATION REQUIREMENTS AND THE COST OF RESTORATION FOR City ofMiami Page 36 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 EXCAVATIONS WITHIN PUBLIC STREETS AND SIDEWALKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-02288 Legislation SR/FR.pdf 06-02288 Summary Form SR/FR.pdf 06-02288 Memo SR/FR.pdf 06-02288 Notice SR/FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12886 Chairman Gonzalez: SR.4. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.4 is an ordinance amending Chapter 54, "Streets and Sidewalks," to update the restoration requirements and costs for restoration for excavations within the public streets and sidewalks. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney. Jorge L. Fernandez (City Attorney): And there is a motion? Commissioner Sarnoff I'll so move. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. SR.5 07-00021 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARY BY City ofMiami Page 37 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 AMENDING SECTION 12.5-30, TO DELETE PROVISIONS PERTAINING TO MEMBERSHIP AND RELATING TO MIAMI-DADE COUNTY EMPLOYEES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00021 Legislation SR/FR.pdf 07-00021 Cover Memo SR/FR.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12887 Chairman Gonzalez: SR.5. Jorge L. Fernandez (City Attorney): SR.5, Mr. Chairman, Commissioners, is a second reading to the ordinance that would allow a County employee or County employees, as it were, to be members of the Liberty City -- let me see. Let me get my bearings here. Commissioner Spence -Jones: Community Revitalization. Mr. Fernandez: -- Community -- exactly. Thank you. Commissioner Spence -Jones: You're welcome. Chairman Gonzalez: All right. Mr. Fernandez: Trust. It should say Trust. Chairman Gonzalez: This is a -- Mr. Fernandez: That's what threw me off. Chairman Gonzalez: -- public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. You wanted to speak on the item? Unidentified Speaker: No. Chairman Gonzalez: No? OK Do I hear a motion? Commissioner Spence -Jones: So moved. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. City ofMiami Page 38 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. SR.6 07-00069 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER Public Works 54, "STREETS AND SIDEWALKS," ARTICLE III, "BUS BENCHES," SECTION 54-86 THROUGH SECTION 54-94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00069 Legislation SR/FR .pdf 07-00069 Summary Form SR/FR.pdf 07-00069 2006 Florida Statutes SR/FR.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12888 Chairman Gonzalez: SR.6. Stephanie Grindell: Stephanie Grindell -- Chairman Gonzalez: Now you want to speak on the item. Ms. Grindell: -- director of Public Works. SR.6 is an ordinance repealing Chapter 54, Article 3, entitled "Bus Benches, " Sections 54-86 through 54-94. Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, do I hear a motion? Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion. Commissioner Sarnoff Second. Chairman Gonzalez: Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: And there is a second. Roll -- I'm sorry. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. City ofMiami Page 39 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: All right. That concludes the second reading ordinance. City ofMiami Page 40 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 ORDINANCES - FIRST READING FR.1 07-00153 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE Attorney XI, CHAPTER 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION AND SECTIONS ESTABLISHING THE LITTLE HAITI ADVISORY BOARD BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE LITTLE HAITI ADVISORY BOARD'S AUTHORITY; SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES FOR ELECTION AND APPOINTMENT OF MEMBERS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, COUNSEL, STAFF, BUDGET APPROVAL AND ANNUAL REPORT, FINANCIAL DISCLOSURE, ABOLITION; PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892, of THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00153 Legislation .pdf 07-00153 Cover Memo.pdf WITHDRAWN FR.2 07-00154 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 42/ ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 42-8 OF SAID CITY CODE TO INCREASE THE ADMINISTRATIVE FEE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-00154 Legislation .pdf 07-00154 Cover Memo .pdf DEFERRED Chairman Gonzalez: Now we go to RE.1. Commissioner Spence -Jones: What about FR.2? Chairman Gonzalez: FR.1 was -- Jorge L. Fernandez (City Attorney): FR.1 was deferred. Chairman Gonzalez: -- defer -- Commissioner Spence -Jones: FR.2. Chairman Gonzalez: -- and FR.2 was deferred also, wasn't it? City ofMiami Page 41 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: Oh, was it? OK I didn't -- was that --? Mr. Fernandez: No, I'm sorry. Well, what I announced as being deferred was FR.2, not FR.1, but FR.1 is an item that -- Chairman Gonzalez: But FR. 1 was -- Mr. Fernandez: -- we had been working for Commissioner Spence -Jones -- Commissioner Spence -Jones: Yeah. I pulled -- I remember I pulled that item. Mr. Fernandez: You pulled it? OK, so -- Commissioner Spence -Jones: Yeah. I think FR.2 is the one that's -- Mr. Fernandez: FR.1 has been deferred then by Commissioner Spence -Jones, and I was notified by the Administration that the Police Department needs more time to -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- in fact, look at issues related to FR.2. Chairman Gonzalez: So FR.1 and FR.2 -- FR.1 was -- Commissioner Regalado: Well -- Chairman Gonzalez: -- withdrawn, and FR.2 has been defer. Mr. Fernandez: Correct. Commissioner Spence -Jones: Right. Commissioner Regalado: Can I ask something about FR.2 because I don't understand this? It's been defer so anything we discuss is nonissue, but this ordinance would raise the administrative fee by one dollar to the business or people that hire off -duty police so they can use this one dollar per hour to fund some of the programs of the Police Department. Now the police officer that works off -duty is not getting this dollar. However, we are raising the cost of an off -duty to the business so we can fund other programs. Now, there are some issues here. Number one, before we discuss this, we need to understand why a City ofMiami police officer is pay off -duty less than when they have to bring another police officer from other municipality because we don't have police officer to work off -duty in the City ofMiami. It's a different on payment, and the other thing is, what impact this is going to have in the small business. Suppose that we have a market, Winn Dixie, Sedano's, or whatever, that wants to hire a police officer during the weekend for the traffic, and the parking, and the security, and it's about 100 hours, so if we increase this, it's $100 more for the business, but zero dollar to the police officer, and the business may end up saying, well, you know what? Why don't we hire security company instead of an off -duty, so the money that the off -duty are making is gone, and I still don't understand why a City ofMiami police officer gets less money off -duty than when they bring an out -of -city police officer to supplement the off -duty policeman. That's where my question, and I think -- I don't know the answers. Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: Chief. City ofMiami Page 42 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Mr. Hernandez: -- would you like to have that addressed now? Deputy Chief. Deputy Chief Frank Fernandez (Police): Yes, sir. Good morning, Commissioners. Frank Fernandez, deputy chief. Commissioner, to answer your question -- I'm frying to answer -- I think I understood what you were saying, that we have agencies that we hire from the outside to come in and supplement our officers. There was a problem in the past where officers that are coming from the outside are getting paid time and a half at their rate and our officers are getting paid time and a half at City special event rate. That was an issue that we have addressed. We have since then, through the Manager's approval, increased the off -duty rate. We are now comparable to other agencies, so that issue has been addressed. Does that answer the question, sir? Commissioner Regalado: Yeah, yeah -- Deputy Chief Fernandez: OK. Commissioner Regalado: -- it does. My only problem is that we will be increasing the off -duty to the business in the City and not paying the money to the police -- Deputy Chief Fernandez: Well -- Commissioner Regalado: -- I mean, to the officer itself. Deputy Chief Fernandez: -- sir, I can tell you right now that our officers, at an off -duty rate, are making above the average throughout the county. We did comparables. We supplied them to the Manager, so our officers are making comparable pay above average when they're working off -duty. In terms of the revenues collected for surcharges, the proposal that was suggested by the Commissioners the last time -- at the last meeting to increase our surcharges for PAL (Police Athletic League), we are looking at that. We currently charge $3 an hour. We want to increase it to four. The issue of increasing it to four to supplement income for PAL, which is a non -for -profit, is a taxing issue, of which we are working with the Law Department. I have -- I spoke to our attorney last -- yesterday, and I suggested that we pull it off the agenda simply because there are some unanswered questions that we need to clarify to make sure that it doesn't look like it's an improper taxation on someone and on those services. Commissioner Spence -Jones: Chief -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- I just want to add. I know -- and I think your point about the businesses is very important because you're right. You know, many of these small businesses or businesses, period, this definitely will have an impact. My question becomes, you know, when -- not only for the businesses, but even for these festivals that take place in the City, you know. I know that this is going to be a huge problem for them because most of them, like the Goombay -- it's not in my district, but by all means, I mean, they're struggling to pay their police bill now, so I can only imagine having an increase because of that. Is that correct? Aren't they already having -- aren't they struggling frying to pay this special events -- Commissioner Regalado: Yeah, but -- Commissioner Spence -Jones: -- police bill already? Commissioner Regalado: -- what is going to happen is that they will be requesting from us more money in in -kind services because the cost is going to go up for the non -for -profit City ofMiami Page 43 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: Because they're not going to be able to afford it. They can't afford it now. Deputy Chief Fernandez: Well, Commissioner -- andl will say, respectfully, that the off -duty rate has gone up, so whatever special events we had last year, the rate of pay is higher this year Commissioner Spence -Jones: And now we're going to add to that. Deputy Chief Fernandez: -- and now you will be adding -- and we pulled it off the agenda. I want to make that clear. We have pulled it off the agenda to conduct additional research through the Law Department, but we will be adding an additional dollar to the surcharges. In my experience, that one dollar surcharge would not cause any one of the businesses or a significant number of any businesses not hiring off -duty officers. Now this has been -- this has happened for many years. Off -duty rates have gone up. I can tell you that, as an example to benchmark, our rates -- the County makes a significant amount a lot higher than what our officers make off -duty, and yet, they still have off -duty officers being hired at supermarkets, shopping centers, road closures, special events, and things of that nature. Commissioner Spence -Jones: And, Chief this is the only alternative that you have? You know, I mean, again, we're kind of hurting the businesses and we're hurting the small festivals or, you know, the festivals that are in this town that are trying to survive. You're know they're frying -- every year, they come -- you know, they're struggling. They can't even -- Deputy Chief Fernandez: Commissioner -- Commissioner Spence -Jones: -- pay their bills from last year, so I mean, is there not any other options besides trying to add additional dollars onto --? Deputy Chief Fernandez: Commissioner, we certainly have -- we certainly support the suggestions provided by the Commission the last time, which we researched. We pulled it off the agenda because of a legal issue, but certainly, that is one consideration that you, obviously, would take into account, as to what is the financial impact and the cause and effect of increasing that surcharge. I could certainly get that for you. I could give you an estimate. I could tell you what we think could happen, but can't, with any certainty, give you an exact on it. I could tell you what's happened in the past when we've increased off -duty rates, and what's happened when we increased the surcharges. Commissioner Spence -Jones: I'm just saying, like Goombay, for instance, their police bill is 60 thou -- about -- what is it, about $60, 000? Deputy Chief Fernandez: I -- Commissioner Spence -Jones: That's a lot of money. Yeah. Deputy Chief Fernandez: Yes, that's correct. Commissioner Spence -Jones: That's what they owe for last year -- Deputy Chief Fernandez: Yes. Commissioner Spence -Jones: -- so I'm just saying, it's like -- Deputy Chief Fernandez: It's a little higher than 60,000. City ofMiami Page 44 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: -- if we planning on, you know, promoting our culture and all these other things, and we're shooting ourselves in the foot by not -- these people can't afford it, so I -- it just seems as though, to me, that we should be frying to figure out another alternative than hurting the smaller business or the businesses and the festivals or those folks that are bringing things to the community. Mr. Hernandez: Commissioner, since the item has been deferred, what we can do when we come back with it will be to analyze other potential options to obtain the same funding for the nonprofit -- Deputy Chief Fernandez: Absolutely. Mr. Hernandez: -- rather than the surcharge, and then present it to you, maybe, in advance of the meeting. Deputy Chief Fernandez: What can offer you is this -- and I was sharing it with the City Attorney -- is that I'll give you some examples of surcharges throughout the County. For example, Miami -Dade -- we paid -- we're asking to pay $3 an hour. That's our requirement. Miami -Dade, it's $11 an hour; City ofMiami Beach, it's 6.50 an hour. We're at $3 an hour, so that's kind of giving you an example of-- BSO (Broward Sherriffs Office), for example, charges $10 per vehicle, $12 for a boat, so they charge for specialty functions, and all the surcharges are built into the hourly rate, but when you compare Miami -Dade and also Miami Beach, certainly, we're way below on the surcharges. Commissioner Spence -Jones: Yeah. Deputy Chief Fernandez: OK, just as a comparable for you. Chairman Gonzalez: All right. Any further discussion on the item? Commissioner Regalado: No. Chairman Gonzalez: All right. The item -- Deputy Chief Fernandez: Thank you, Commissioner. Chairman Gonzalez: -- was deferred anyways. City ofMiami Page 45 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 RE.1 06-02267 RESOLUTION Department of Public Facilities RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 ("AGREEMENT") OF THE LEASE AGREEMENT, AS ASSIGNED AND AMENDED, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NEW SPANISH CONCEPTS, LLC, A LIMITED LIABILITY COMPANY, FOR THE CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO PROVIDE FOR: 1) AN 18 MONTH DEFERMENT OF MINIMUM ANNUAL RENT AND ANNUAL PERCENTAGE RENT (COLLECTIVELY THE "DEFERRED RENT") DUE AND PAYABLE RETROACTIVE FROM JUNE 1, 2006 TO NOVEMBER 30, 2007; 2) CALCULATION OF INTEREST ON THE DEFERRED RENT AT A RATE OF SEVEN PERCENT (7%) PER ANNUM; 3) PAYMENT OF THE DEFERRED RENT INCLUSIVE OF INTEREST AND TAXES ON OR BEFORE FEBRUARY 28, 2013, PROVIDED, HOWEVER, IF GROSS SALES FOR THE CALENDAR YEAR OF JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, EXCEED $3,500,000, SAID DEFERRED RENT INCLUDING INTEREST SHALL BECOME AN ABATEMENT; (4) FAILURE TO PAY IN FULL THE DEFERRED RENT INCLUSIVE OF ANY INTEREST DUE AND TAXES ON OR BEFORE FEBRUARY 28, 2013,SHALL RESULT IN A DEFAULT OF THE LEASE AGREEMENT; (5) CLOSURE OF THE PREMISES FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS FROM THE DATE OF EXECUTION OF THIS AGREEMENT TO PROVIDE FOR THE IMPLEMENTATION OF A NEW RESTAURANT CONCEPT; AND (6) FUTURE TEMPORARY CLOSURES NECESSARY TO MAKE RENOVATIONS, IMPROVEMENTS OR ALTERATIONS IN CONNECTION WITH ANY FUTURE CHANGE OF CONCEPT, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 06-02267 Legislation.pdf 06-02267 Exhibit .pdf 06-02267 Summary Form.pdf 06-02267 Pre-Legislation.pdf 06-02267 Pre-Attachment.pdf 06-02267 Lease Agreement.pdf 06-02267 Pre -Attachment 2 .pdf 06-02267 Pre -Attachment 3 .pdf 06-02267 Pre -Attachment 4 .pdf 06-02267 Lease Rights .pdf 06-02267 Pre -Attachment 5 .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-07-0071 Chairman Gonzalez: All right. RE.1. Laura Billberry (Director): Lori Billberry, Public Facilities. The item before you is a resolution City ofMiami Page 46 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 requesting a deferment of rent for 18 months for New Spanish Concepts, which is the City's lessee at 1000 South Miami Avenue. The current lessee had acquired the lease in 2002, following a failed attempt to successfully operate a restaurant at the site by the previous operator. He subsequently opened Salero and Mosaico in 2004, but unfortunately, had to close them at the end of last year. This deferment will free up some capital for Mr. Harris, who is the owner of New Spanish Concepts, so that he can redo the restaurant concept, and he will be required to open the restaurant within six months of signing this amendment, if it's approved by the Commission. The deferred rent will earn interest at the rate of seven percent, and as an incentive, if he's able to achieve gross revenue in excess of 3.5 million in 2012, that we would turn this into an abatement, and the City will be recouping a portion of its deferred rent by having a percentage rent at that point. Mr. Harris is here too, if you have any questions. Commissioner Sarnoff I'll make a motion to approve it. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Billberry: Thank you. City ofMiami Page 47 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 BC.1 06-01413 Office of the City Clerk BC.2 06-01838 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-01413 memo.pdf 06-01413 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Commissioner Marc Sarnoff Commissioner Tomas Regalado Chairman Gonzalez: All right. Now we're going to go into the boards. BC.1. Commissioner Sanchez is not here. Commissioner Sarnoff, you have one appointment. Commissioner Sarnoff I'm going to defer. Chairman Gonzalez: Commissioner Regalado? BC.1. I'm going to defer mine, so if he wants to make an appointment when he comes back, we'll call it again. [Later...] Chairman Gonzalez: Commissioner Regalado, you're back. You had a -- we were doing BC.1, and you have an appointment. Commissioner Regalado: BC.1, I will defer that appointment, Mr. Chairman. Chairman Gonzalez: OK, very good. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Shane Graber Karen Cartwright NOMINATED BY: Commissioner Marc Sarnoff Commissioner Michelle Spence -Jones City ofMiami Page 48 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 06-01838 memo.pdf 06-01838 members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0073 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, to appoint Shane Graber as a member of the Nuisance Abatement Board. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Karen Cartwright as a member of the Nuisance Abatement Board. Chairman Gonzalez: BC.2. Commissioner Sarnoff, you have one appointment. Nuisance and [sic]Abatement Board. Commissioner Sarnoff I'd like to reappoint Shane Graber. Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I'd like to appoint Karen Cartwright. Chairman Gonzalez: All right. We have a number [sic] proffer. Do I hear a second? Commissioner Spence -Jones: Do I hear a second? Chairman Gonzalez: Do I hear a second? Commissioner Sarnoff Second. I'm sorry. Commissioner Regalado: Second. Chairman Gonzalez: Second. All in favor, say "aye." The Commission (Collectively): Aye. BC.3 06-02048 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 49 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 APPOINTEE: NOMINATED BY: Brett Cocking Chairman Angel Gonzalez 06-02048 memo.pdf 06-02048 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0075 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Brett Cocking as a member of the Community Technology Advisory Board. Chairman Gonzalez: BC.2. Now we're going to go to BC.3. I'm going to reappoint my appointment. Commissioner Sarnoff. Commissioner Sarnoff We're on BC.3? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff No appointments. I'll defer. Commissioner Regalado: I move the Chairman appointment. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Pamela E. Burns (Assistant City Clerk): Excuse me. I didn't hear the name that you proffered. Chairman Gonzalez: I'm going to reappoint Brett Cocking. Ms. Burns: Cocking. OK, thank you. Chairman Gonzalez: Yes. BC.4 06-02049 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 50 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 APPOINTEES: NOMINATED BY: Jorge Luis Lopez Chairman Angel Gonzalez Lazaro J. Lopez Chairman Angel Gonzalez Douglas Reno Commissioner Marc Sarnoff Pierre Rutledge Commissioner Michelle Spence -Jones 06-02049 memo.pdf 06-02049 members.pdf 06-02049 Legal Opinion.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0076 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Douglas Reno, Pierre Rutledge, Lazaro J. Lopez, and Jorge Luis Lopez as members of the Orange Bowl Advisory Board. Chairman Gonzalez: BC.4. Commissioner Sanchez is not here. Commissioner Sarnoff. Commissioner Sarnoff I'm going to appoint Douglas Reno. Chairman Gonzalez: OK. Let's proffer all the names, and then we vote. Can we have -- proffer all the names and then just vote one time? Pamela E. Burns (Assistant City Clerk): That would be best for our records -- Chairman Gonzalez: OK, very good. Ms. Burns: -- for each item. Chairman Gonzalez: OK, Commissioner Spence -Jones. Commissioner Spence -Jones: I'm going to reappoint Pierre Rutledge -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- but I -- can I ask, Mr. Chairman, a quick question about this particular board? I know -- Chairman Gonzalez: Yes. Go ahead. Commissioner Spence -Jones: -- with this -- the board itself I know that -- Commissioner Regalado: It doesn't meet. City ofMiami Page 51 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: But I think it's going to -- that was going to be my question. With all the renovation stuff that's going to -- Commissioner Regalado: Yeah. The board -- Commissioner Spence -Jones: -- get ready to get started -- Commissioner Regalado: -- doesn't meet. Commissioner Sarnoff But it needs to. Commissioner Spence -Jones: -- will they --? Commissioner Sarnoff It needs to -- Chairman Gonzalez: We haven't met on that board. We met the last time we had a meeting and it was because I insisted that we had a meeting and inform the committee of what the plans were for the Orange Bowl because we were kept in the dark. Commissioner Regalado: But, Mr. Chairman, can you call a meeting on that board because the people that we appointed here feel really left out -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- because they read about the Orange Bowl repairs, and they need to understand what is going on, and they feel that they have no part in the process -- Chairman Gonzalez: All right. Commissioner Regalado: -- and they haven't met for month and month and month. Chairman Gonzalez: I will call a meeting. Commissioner Regalado: Thank you. Chairman Gonzalez: I will call a meeting. Commissioner Sarnoff Or the City Manager could, obviously, advise them as to the status of your negotiations. Commissioner Regalado: Yeah, but it's better to have a meeting. Commissioner Sarnoff I -- Commissioner Spence -Jones: Yeah -- Commissioner Sarnoff -- agree, I agree. Commissioner Spence -Jones: -- and it's -- Commissioner Sarnoff I just -- I'm hoping that he'll -- Pedro G. Hernandez (City Manager): I think that what's happened in the past maybe is that there was not -- there wasn't anything going on, but at this time, there is information to be presented to the committee, so yes, I would support to have a meeting of the committee. City ofMiami Page 52 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: All right. Let's have a meeting, and then, you know, as part of the agenda, have a presentation ready for the members of the board. Mr. Hernandez: Yes. Chairman Gonzalez: All right, and I will reappoint Jorge Luis Lopez and Lazaro Lopez. They're not relative, anyway. All right. We need a motion on -- Commissioner Regalado: I'll move it. Chairman Gonzalez: -- all the names proffered. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have -- Commissioner Regalado: Move all the appointment. Chairman Gonzalez: -- a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.5 06-02050 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Julio S. Diaz Chairman Angel Gonzalez Robin Bosco Chairman Angel Gonzalez Willy Bermello Commissioner Tomas Regalado 06-02050 memo.pdf 06-02050 members.pdf 06-02050 applications.pdf 06-02050 residency.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0090 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Julio S. Diaz, Robin Bosco, and Willy Bermello as members of the Urban Development Review Board (UDRB); City ofMiami Page 53 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 further waiving the residency requirements in Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Julio S. Diaz as a member of the Urban Development Review Board; and waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Willy Bermello as a member of the Urban Development Review Board. Note for the Record: Mr. Ron Sands was nominated for appointment to the Urban Development Review Board by Commissioner Spence -Jones, however, Mr. Sands did not meet the minimum qualification requirements. Direction by Commissioner Spence -Jones to the Administration to provide the meeting schedule for the Urban Development Review Board. Chairman Gonzalez: BC.5, Urban Development Review Board. I will reappoint Julio S. Diaz and Robin Bosco. Vice Chairman Sanchez isn't here. Commissioner Sarnoff. Commissioner Sarnoff I have no appoint. Defer. Chairman Gonzalez: You defer. Commissioner Regalado? Commissioner Regalado: Willy Bermello. Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: I just have a quick question. I -- my appointee, Madam Clerk, was Ron Sands the last time. I was told that my appointee has to be an architect. Is that true or not necessarily? Pamela E. Burns (Assistant City Clerk): There were different categories. Commissioner Spence -Jones: OK. My question is, is that --? Because, I mean, I would like for him to -- Chairman Gonzalez: It says, at least five members should be architect registered in the state of Florida; four other members should be either architects or landscape architects registered in the state of Florida, and shall meet the same criteria as paragraph "A" above. The alternate members shall satisfy the qualifications set forth in paragraph "B." I don't know what that is. Commissioner Spence -Jones: I mean, because the person I had is a planner, so I -- you know. Ms. Burns: I don't see that in our records as being a requirement. I think the legislation says should or should be, butl don't see it being mandatory for you. Commissioner Spence -Jones: OK, so I would like to keep Mr. Ron Sands on the board, and the issue of their meetings, has that been addressed? Because I think they have meetings like throughout the day. I mean, what is the status of their meeting times, Madam Clerk? Ms. Burns: I am not aware of their -- the status of their board meetings. You'd have to ask staff the liaison. Commissioner Spence -Jones: I mean, I would like to know because I think one of the issues is sometimes they meet at 3, sometimes they meet at 2, sometimes they meet at -- you know, so it's been not an organized time, and sometimes, twice a week, so -- it's an important board, so I'm just going to go ahead and appoint the person for this, butt would like to at least, have, you City ofMiami Page 54 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 know, a greater understanding about when the scheduled meetings are. Chairman Gonzalez: All right. We need a motion on all the names proffered. Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." Ms. Burns: Excuse me, Chair. Chairman Gonzalez: Yes, ma'am. Ms. Burns: For your appointment, Julio Diaz, he needs a four fifths waiver of residency. Chairman Gonzalez: OK. The name that I proffered includes the waivers, the four -fifth vote waiver, so -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: We had a -- Commissioner Regalado: Second. Chairman Gonzalez: -- motion, and we had a second, with the waivers. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. [Later..] Pamela E. Burns (Assistant City Clerk): And one more regarding the Urban Development Review Board. Commissioner Regalado, you had appointed Willy Bermello; however, he's already serving. He has a current term. This was to fill a vacancy of Carlos Prio-Touzet, but Mr. Bermello is already on the board. Commissioner Regalado: Yeah, but he has missed three times, because of the change of time of the meeting -- Ms. Burns: OK. Commissioner Regalado: -- so that's what I thought, but ifI have an appointment, I will defer that appointment, but the reason I was doing is because he missed three meetings, which will be automatically -- Ms. Burns: It would be -- have to be three consecutive meetings. Commissioner Regalado: Three consecutive meetings he has, because of the timing -- because they change the time of the meeting. Ms. Burns: If you want, we could do that with a four fifths waiver at this point, if that's what you desire. City ofMiami Page 55 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: I mean, I don't know; whatever you say. I mean, I will move Willy Bermello's name with a four fifth, provided that they have just changed the time of the meeting. Chairman Gonzalez: All right. We have a motion and a name proffer with a waiver. Do I hear a second? Commissioner Sarnoff Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed -- Ms. Burns: And one more. For Commissioner Spence -Jones, you had inquired regarding whether or not there were any categories requirements regarding your appointment, and although it doesn't -- it's not the same as the HEP (Historic and Environmental Preservation) board, where you have specific categories, there is a requirement for members to be an architect, a landscape architect certified by the state of Florida as general requirements, but not specific categories. Commissioner Spence -Jones: So that means I can't appoint that person? Ms. Burns: I'm not sure, based upon your individual that you pointed [sic], whether or not that individual meets those qualifications. Commissioner Spence -Jones: No, he doesn't. Ms. Burns: Ok, so we're going to leave that as a vacancy then? Commissioner Spence -Jones: I'll have to bring another name. Ms. Burns: OK. Thank you. Chairman Gonzalez: All right. We need a motion to adjourn. Commissioner Spence -Jones: So moved. Chairman Gonzalez: All right. We need a second. All right. Meeting's adjourned. BC.6 06-02053 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ramon Flores Commissioner Marc Sarnoff 06-02053 memo.pdf 06-02053 members.pdf 06-02053 resignation.pdf City ofMiami Page 56 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0077 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Ramon Flores as a member of the Mayor's International Council. Chairman Gonzalez: BC.6. Commissioner Sarnoff? Commissioner Sarnoff I'd like to reappoint Ramon Flores. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.7 07-00038 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maritza Alvarez Chairman Angel Gonzalez (Regular Member, term expires February 12, 2009) Steven Baird Commissioner Marc Sarnoff 07-00038 memo.pdf 07-00038 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0078 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Maritza Alvarez and Steven Baird as members of the Code Enforcement Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths City ofMiami Page 57 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Maritza Alvarez as a member of the Code Enforcement Board. Chairman Gonzalez: BC.7. I will reappointMartizaAlvarez. Commissioner Sarnoff? Commissioner Sarnoff I'd like to reappoint Steven Baird. Chairman Gonzalez: And the Commission at -large? Anybody has a name to proffer in the Commission at -large? Commissioner Regalado: Can we defer that for next --? Chairman Gonzalez: Yeah. Let's defer it. All right. We have a motion -- I'm sorry. Commissioner Regalado: Move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: We need to make a motion, right, and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Yes, ma'am. Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chairman. Maritza Alvarez needs a four fifths waiver for the attendance (UNINTELLIGIBLE) include the waiver. Chairman Gonzalez: OK, including the -- Commissioner Regalado: With a waiver. Chairman Gonzalez: -- four fifth waiver. BC.8 07-00039 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Santiago Villegas Commissioner Marc Sarnoff Sean -Paul Melito Commissioner Marc Sarnoff George Stanley Commissioner Michelle Spence -Jones 07-00039 memo.pdf 07-00039 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez City ofMiami Page 58 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 R-07-0079 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Santiago Villegas, Sean -Paul Melito, and George Stanley as members of the Parks Advisory Board. Direction from Commissioner Sarnoff to the City Manager to schedule meetings of the Parks Advisory Board, and to determine the feasibility of the Board to meet in the City Commission chambers and be televised by the City's public television cable channel, channel 77. Chairman Gonzalez: BC.8. I'm going to defer mine. Commissioner Sarnoff? Commissioner Sarnoff Yeah. I'd like to appoint Santiago Villegas and Sean -Paul Melito. Chairman Gonzalez: OK. Commissioner Jones [sic]? Commissioner Spence -Jones: I'm going to defer that at this -- no, no, no. I'm sorry. George Stanley -- Mr. George Stanley. Chairman Gonzalez: All right. We have a motion -- I'm sorry. We have name proffered. We need a motion. Commissioner Sarnoff I'll so move. Commissioner Regalado: Move it. Second. Chairman Gonzalez: 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. Commissioner Sarnoff Mr. Chairman, this is also a board that's not been meeting for some time. Chairman Gonzalez: The Parks Advisory -- Commissioner Sarnoff The Parks Advisory -- Commissioner Spence -Jones: Parks Advisory -- Commissioner Sarnoff -- Board -- Commissioner Spence -Jones: -- Board. Commissioner Sarnoff -- and this is a board that I think really needs to get rejuvenated. Chairman Gonzalez: Yeah. Commissioner Sarnoff It needs to have a say-so on what goes on in the City ofMiami, especially with regard to parks -- Chairman Gonzalez: Right. Commissioner Sarnoff -- so I don't know if it's your office or if it's the City Manager, but can we see to it that they are given, I would hope, airtime? City ofMiami Page 59 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: It's the -- I think it's the City Clerk, right? Are you in charge of calling meetings for the boards? Pamela E. Burns (Assistant City Clerk): No, I'm not. I'm strictly the liaison, the facilitator. That's up to staff. Chairman Gonzalez: OK. Commissioner Sarnoff Mr. Assistant City Attorney up there -- Unidentified Speaker: The Parks Department. Larry Spring (Chief Strategic Planning, Budgeting & Performance): Yeah. We'll take care of it, Commissioner. Commissioner Sarnoff You'll call for meetings? Mr. Spring: We'll have our Parks director call a meeting. Commissioner Sarnoff Would it be possible -- and I don't know the status. I don't know -- and I don't know the historic background, but would it be possible for this particular board to meet with airtime, meaning on Channel 77? Commissioner Regalado: If they use City Hall, they can. Mr. Spring: Yeah. What I was going to say is the scheduling of the chambers is based -- there's priority meetings, obviously, City Commission meeting. I know that Civilian Investigative Panel, all of the Planning Advisory Boards, and things of those nature. We can see how they fit into the schedule. I know it has been a issue to have Communications go to a remote location to film, if you will, but this site, the chamber would be the best location, so -- Commissioner Regalado: Well, have it meet Saturday morning -- Mr. Spring: Yeah. We 'd have to just work out -- Commissioner Regalado: -- and -- Mr. Spring: -- a schedule. Commissioner Regalado: -- then people can participate. Mr. Spring: Yeah. Commissioner Sarnoff Or -- I know there are three evenings still available during the month, so I know there's -- I don't know the dates exactly, but -- Mr. Spring: Yeah. I don't either. Commissioner Sarnoff -- I know there're still three evenings that are available, and I -- hearing what Commissioner Regalado had to say, it's very important, I think, that everybody have input as to what their parks will or will not be. Commissioner Spence -Jones: And I just don't know -- can I --? I'm glad you brought it up because, you know, I keep losing people because they don't meet. Why haven't -- I mean, does City ofMiami Page 60 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 anybody know why they haven't been meeting? Mr. Spring: I don't have that information, butt will obtain it. We'll have -- Commissioner Spence -Jones: The Parks director's here. Mr. Spring: -- to -- Commissioner Spence -Jones: Maybe he can answer it. Commissioner Sarnoff Yeah, the Parks director is here. Ernest Burkeen: Ernest Burkeen, director of Parks & Recreation. I'm sorry. I didn't hear your question. Commissioner Spence -Jones: We -- both of us wanted to know why the Parks Advisory Board is not meeting on a consistent basis. Mr. Burkeen: They haven't been able to have a quorum. They haven't had a quorum the entire year. Their attendance has been very poor. Commissioner Sarnoff Well -- Commissioner Spence -Jones: Is there --? Commissioner Sarnoff -- we're putting new people on the board now. Can we treat this as if it were anew, and we can see if this board --? And we'll just keep pulling people off the board that don't show up -- Commissioner Regalado: Right. Commissioner Sarnoff -- because this is a very impor -- to me, it's a very important board. Commissioner Spence -Jones: Well, Commissioner Sarnoff, I think part of the issues and concerns, I agree with you, is, you know, the board really feeling as though -- probably the reason why some of them are not showing up is because they feel as though, you know, their input is not really valued -- Commissioner Sarnoff Right. Commissioner Spence -Jones: -- so I think that part of it is not only just putting new people on there, but to also make sure that, you know, their recommendations and things that they bring forth are addressed. Commissioner Sarnoff Which is the respect we need to give to our boards. I -- Commissioner Spence -Jones: Yes. Commissioner Sarnoff -- agree. BC.9 07-00040 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS QUALIFIED YOUTH BOARD MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 61 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 APPOINTEE: Jerry Lee Clark Eddie Thomas 07-00040 memo.pdf 07-00040 members.pdf 07-00040 nominations.pdf NOMINATED BY: Commissioner Michelle Spence -Jones Overtown Advisory Board/Overtown Community Oversight Board Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0080 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Jerry Lee Clark as the District 5 Commissioner youth board member to the Overtown Advisory Board/Overtown Community Oversight Board. Note for the Record: Eddie Thomas was announced as the youth board appointment of the Overtown Advisory Board/Overtown Community Oversight Board. Chairman Gonzalez: All right. BC.9, Overtown Advisory Board. Commissioner Spence -Jones: Yes. This is a student -- this is a new thing that we're doing. We're including students on my boards. This is Jerry Lee Clark. He's a student at Booker T. Washington -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- so I'd like to move that. Chairman Gonzalez: We have a name proffer. We have a motion. We need a second. Commissioner Regalado: Second. Chairman Gonzalez: And a second. All in favor, say "aye." The Commission (Collectively): Aye. Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Chair, I'd like to also state for the record that Eddie Thomas was the student proffered by the Board as their youth selection. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. BC.10 07-00041 RESOLUTION City ofMiami Page 62 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maud Newbold Chairman Angel Gonzalez Mark Walters Commissioner Marc Sarnoff Miguel Germain Commissioner Tomas Regalado Erica McKinney Commissioner Michelle Spence -Jones Enid C. Pinkney Commission -at -Large Eugenia B. Thomas Commission -at -Large N. Patrick Range II Commission -at -Large 07-00041 memo.pdf 07-00041 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0081 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Maud Newbold, Mark Walters, Miguel Germain, Erica McKinney, Enid C. Pinkney, Eugenia B. Thomas, and N. Patrick Range II as members of the Virginia Key Beach Park Trust. Chairman Gonzalez: BC.10. I will reappoint Maud Newbold. Commissioner Sarnoff you have one nomination. Commissioner Sarnoff I reappoint Mark Walters. Chairman Gonzalez: Commissioner Regalado? Commissioner Regalado: Miguel Germain. Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: Erika McKinney. Chairman Gonzalez: All right. The -- Commissioner Regalado: I move the names. Chairman Gonzalez: We have a motion on the names proffer. Is there a second? City ofMiami Page 63 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 BC.11 07-00042 Office of the City Clerk Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." Also, the Mayor -- did the Mayor proffer any names? Pamela E. Burns (Assistant City Clerk): I didn't get a name proffered by the Mayor. However, we have names proffered by the Trust, and those are Enid Pinkney, Eugenia B. Thomas, and N. Patrick Range, III [sic], as their recommended appointees. Commissioner Spence -Jones: So -- Commissioner Regalado: At -large. Commissioner Spence -Jones: -- moved. Commissioner Regalado: The three at -large. Ms. Burns: That's correct. Commissioner Regalado: I'll move the three at -large. Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion, and we have a second also on the three at -large appointments. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Regina "Nina" West Maria Beatriz Gutierrez Janice I. Tarbert Maria Sardifia Mann Robert A.Young NOMINATED BY: Commissioner Marc Sarnoff Commissioner Marc Sarnoff Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones City ofMiami Page 64 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 07-00042 memo.pdf 07-00042 members.pdf 07-00042 Legal Opinion.pdf 07-00042 applications.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0082 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Regina "Nina" West, Maria Beatriz Gutierrez, Janice I. Tarbert, Maria Sardina Mann, and Robert A. Young as members of the Planning Advisory Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to waive the employment prohibition contained in Section 2-884(e) of the Code of the City ofMiami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Maria Beatriz Gutierrez as a member of the Planning Advisory Board. Chairman Gonzalez: BC.11, Planning Advisory Board. Commissioner Sanchez not here. Commissioner Sarnoff? Commissioner Sarnoff I would appoint Regina "Nina" West and Maria Beatriz Gutierrez. Chairman Gonzalez: OK. Commissioner Regalado? Commissioner Regalado: Maria Sardina Mann and Janice Tarbert. Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: I'm going to just appoint one; renominate Robert A. Young, and I'm going to wait on the other one. Chairman Gonzalez: All right. We need a motion on the names proffer. Commissioner Sarnoff So move. Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later..] Chairman Gonzalez: Any other -- Chief William Bryson (Fire -Rescue): Thank you. City ofMiami Page 65 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: -- pocket items? Pamela E. Burns (Assistant City Clerk): Excuse me. I have a discussion item we need to go back on. My understanding is Betty Gutierrez was appointed to the Planning Advisory Board. However, it's come to my attention that she is a County employee, so we would need a four fifths waiver. Commissioner Sarnoff We did a four fifths vote; it was unanimous. Ms. Burns: I'm not sure for her, specifically. Chairman Gonzalez: All right, let's do it. We need a -- you want to proffer the name again, Commissioner? Commissioner Sarnoff Betty -- Beafriz, something, Gutierrez. Chairman Gonzalez: Betty Gutierrez -- Commissioner Sarnoff Yeah. Chairman Gonzalez: -- right? Ms. Burns: Maria -- Commissioner Regalado: Maria -- Ms. Burns: -- Beatriz Gutierrez. Commissioner Regalado: -- Beafriz Gutierrez. Commissioner Sarnoff Maria Beatriz Gutierrez. Chairman Gonzalez: OK. We have a motion, and we have a second on the nomination and the waiver, the four fifth waiver, on this appointment. All in favor, say "aye." The Commission (Collectively): Aye. BC.12 07-00043 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Joseph Ganguzza Commissioner Marc Sarnoff Bret Berlin Commissioner Marc Sarnoff Angel Urquiola Commissioner Tomas Regalado Charles Garavaglia Commissioner Tomas Regalado City ofMiami Page 66 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 07-00043 memo.pdf 07-00043 members.pdf 07-00043 Legal Opinion.pdf 07-00043 applications.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0083 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Joseph Ganguzza, Bret Berlin, Charles Garavaglia, andAngel Urquiola as members of the Zoning Board. Chairman Gonzalez: BC.12, Zoning Board. I'm going to defer my appointments. Commissioner Sarnoff? Commissioner Sarnoff Yes. I'd like to reappoint Joseph Ganguzza, and I would like to appoint Bret Berlin. Chairman Gonzalez: OK. Commissioner Regalado? Commissioner Regalado: Charles Garavaglia andAngel Urquiola. Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: I just want to make sure that -- Madam Clerk, I do want to proffer a name, butt was told they have to do an application. Pamela E. Burns (Assistant City Clerk): That's correct. We must have an application, or at least, a short statement of qualifications, on the record ten days before the appointment. Commissioner Spence -Jones: OK, so I'm going to just -- I guess, at this point we don't have -- Chairman Gonzalez: I have -- Commissioner Spence -Jones: -- you don't have anything in from us. Yes. Chairman Gonzalez: -- the same problem with one of my appointments, so Commissioner Spence -Jones: So just -- I have to wait, right -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- Mr. Chairman? All right. Chairman Gonzalez: All right. All -- we need a motion on all the names proffer. Commissioner Sarnoff I'll so move. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. City ofMiami Page 67 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.13 07-00044 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00044 memo.pdf 07-00044 members.pdf DEFERRED NOMINATED BY: Vice Chairman Joe Sanchez Commissioner Marc Sarnoff Chairman Gonzalez: BC.13, Miami Street Codesignation Review Committee. Vice Chairman Sanchez have an appointment; he's not here. Commissioner Sarnoff? Commissioner Sarnoff I'll defer. Chairman Gonzalez: Defer. BC.14 07-00045 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Angel Gonzalez 07-00045 memo.pdf 07-00045 members.pdf DEFERRED Chairman Gonzalez: BC.14, Equal Opportunity Advisory Board. I will defer my appointment. BC.15 07-00057 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PERFORMING ARTS CENTER TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 68 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commission -at -Large Commission -at -Large 07-00057 memo.pdf 07-00057 PACT Response.pdf 07-00057 letter. pdf 07-00057 history.pdf DEFERRED Direction by Commissioner Regalado instructing the City Clerk to inform the Performing Arts Center Trust (PACT) and its nominating Committee to consider the two (2) City ofMiami Commissioners representing both Disfrict 2 and Disfrict 5 as the City's appointments to the PACT. Chairman Gonzalez: BC.15, Performing Arts Center Trust. Commission at -large has two appointments, Ruth Greenfield and RickArriola. Commissioner Regalado: Mr. -- no, Ruth Greenfield is term limit. I -- my understanding is that they proffer two names, but here's the thing. The CRA (Community Redevelopment Agency), through -- I guess that the City ofMiami, through the CRA, supports the Performing Arts Center with $1.4 million a year. The Performing Trust is the governing body of the cultural -- Carnival Cultural Center, and we have some problems, like the Miami Hispanic Ballet is holding an international ballet, the most important international ballet presentation in South Florida. They're bringing people -- stars from Latin America, and Canada, and San Francisco, and they have been -- and they scheduled some presentation in one of the center's auditorium, and they have been charged, for one night, $10, 000, and plus the surcharge. It's important that the Performing Art [sic] is sensitive to the base -- to the cultural groups based in Miami. I understand that they are in the business of making money, although they have a deficit, but it is important that we have people in the Trust that are conscious to the need of helping the local groups that do want to use the Performing Art [sic] Center. This ballet presentation, on the charge of $10, 000, plus the labor and expenses and all that, it is killing this group, which, by the way, it's based in Miami because it has the office at the Manuel Artime, and every activity is done in the City ofMiami, in the Artime, in the Gusman, and now they have entered in that contract, and it's very sad because this will be the first and only time that this ballet -- because they won't be able to raise their tickets. Their tickets will be the same as they were in the Gusman and at the Artime, and they will be losing like $100, 000. We need to get people that understand the City ofMiami in that Trust. We need to get people that understand Overtown, and Park West, and Omni in that Trust because the Performing Arts Center is there, whether we like it or not, and it's going to remain there, and it's going to have a tremendous impact in terms of the development and redevelopment of the area for Park West, Omni, and Overtown. There are many decisions that are going to be made by the Trust in the years to come. The parking facilities -- the County, next week, is finishing their plan for a $144 million parking facility for the Performing Art [sic] Trust. The possibility of using CRA money to support the administration of the Performing Art [sic] Trust -- we need to get people there that really understand what the City ofMiami is about. We need to get people from -- maybe a representative from the Administration, maybe a representative from Overtown, maybe the area Commissioner, which I think it will be the wise thing to do, maybe the two area Commissioner, which I think is the best thing to do, but we need to, at least, defer this and ask the nominating committee of the Trust to consider new appointments, or at least, tell us why do they think that the three appointments that the City ofMiami has are representing the interest of the City of Miami. I would really hope that, at least -- I mean, if they are losing $600, 000 in their first 90 days of operation, what is it to them to grant discount to local City ofMiami non -for -profit groups -- non -for -profit, not producers that look for profit, so -- City ofMiami Page 69 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: All right, so you want to defer the item? Commissioner Spence -Jones: Yes, Mr. Chairman. I just -- I do want to just add -- and I'm so glad that you brought the issue up, and that is one of the biggest concerns, as the chairperson of the CRA, you know, we're going back and forth on, you know, these dollars being spent towards the Performing Arts Center, and your mention of Overtown and the Lyric Theater itself that the County has put dollars in and the City has constantly supported. For us not to have a -- some sort of relationship going on between the current facility that is the Performing Arts Center and the local cultural institutions, to me, you know, it's a shame. I do like the idea of definitely making sure that we include -- I, myself would love to participate. There are other elected officials that are sitting across-the-board on the Performing Arts Trust from different municipalities, making sure that their cities are involved in what's happening from that perspective, but none of them are making the type of investments that -- investment that we're making, from a CRA perspective, so -- Commissioner Regalado: Like the City ofMiami have -- the City ofMiami Beach. They have appointment; they don't give a penny. Like other cities --I mean, I know the County is taking the brunt of most of the expenses, but I would ask that the City Clerk request that the nominating committee will consider the two area Commissioners, the Commissioner from District 2 and the Commissioner from District 5, to be the appointees of the City ofMiami to the Trust because you guys really understand, and you know, the money that we give them now and the possibility of new money for them, it's very important, and for the County it's very important. I'm telling you that the PAC (Performing Arts Center) has problems, real problems, and they really need the help of the City, but the City -- you know, if we can get, at least, the PAC to waive some of the rentals whenever they have an open night in one of their auditoriums for local groups that would just pay the expenses, you know, they will be serving more the community, but remember, you know -- what do they have? They have a ballet now. I think in March 3, Swan Lake, I think, is it? Is it called the Swan Lake, the famous ballet? Well, it's $145 each ticket, so I wonder how many Overtown residents are able to pay 145? They could walk, and they would save 20 bucks in parking, but still, $145 is too much, and you know, if we can get you guys there and, you know -- well, OK You have 60 percent sales of ticket. Well, the City will have ten percent of the tickets that you didn't sell, and then we can bring people in. I mean, if this is culture for all, it shouldn't be culture for some because you and me are paying this Performing Arts Center, not only with the tax dollars from the tourist development, but also from the general fund of the County, which is our money. The County general fund is sending $3.7 million each year for operations. Now the County Commission yesterday rejected being the guarantors of a loan for $16 million for the PAC, so there are many issues there, and you know, I think that what is coming in the Performing Arts Center is a real tough battle, and for one, as a City representative, I want to send our real tough soldiers, so I would ask them to consider sending us the name of the two area Commissioners because they both have vested interest in the way that the Performing Art [sic] Center works, so that would be my request. Commissioner Spence -Jones: So, Mr. Chairman, I think that we've -- Chairman Gonzalez: Huh? Commissioner Spence -Jones: I think that we're going to defer -- I mean, we're going to send that request, right? Chairman Gonzalez: All right, so we're deferring the item. Commissioner Regalado: With -- City ofMiami Page 70 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: Motion to defer. Commissioner Regalado: -- the proposal to send it to -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- the Trust. BC.16 07-00058 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nikki Rollason Commissioner Marc Sarnoff 07-00058 memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0084 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Nikki Rollason as a member of the Arts and Entertainment Council. Chairman Gonzalez: BC.16, it's board nominations by Commissioner Sarnoff Arts and Entertainment Council, Health Facility [sic]Authority Board. Commissioner Sarnoff I would appoint Ricky [sic] Rollason. Chairman Gonzalez: On the Arts and Entertainment? Commissioner Sarnoff Yes, sir. Chairman Gonzalez: OK. Health Facility [sic]Authority Board? Commissioner Regalado: I don't have an appointment. Chairman Gonzalez: No. They're -- Commissioner Sarnoff Oh, I'm sorry. Commissioner Regalado: Oh. Chairman Gonzalez: -- those are -- Commissioner Sarnoff Yes, sir. I'm sorry. City ofMiami Page 71 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: -- Commissioner -- Commissioner Sarnoff Yeah. Chairman Gonzalez: -- Sarnoff appointments. Commissioner Sarnoff BC.16, Arts and Entertainment Council, I'd appoint Ricky [sic] Rollason. Chairman Gonzalez: Right. Then you have Health Facility [sic] Authority -- Commissioner Sarnoff Oh, I apologize. I have no appointment to make, so I would defer, and I would -- Chairman Gonzalez: -- and also Historic [sic] and Environmental Preservation Board. Commissioner Sarnoff I'll defer on HEP (Historical and Environmental Preservation) Board, as well. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. You got it, Madam City Clerk? OK. BC.17 07-00062 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Brenda B. Shapiro Civilian Investigative Panel Fred St. Amand Civilian Investigative Panel Rodolfo H. de la Guardia Civilian Investigative Panel Thomas J. Rebull Civilian Investigative Panel 07-00062 memo.pdf 07-00062 members.pdf 07-00062 letter. pdf 07-00062 Letter.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez City ofMiami Page 72 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 R-07-0085 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Brenda B. Shapiro, Fred St. Amand, Rodolfo H. de la Guardia, and Thomas J. Rebull as members of the Civilian Investigative Panel; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Fred St. Amand, Rodolfo H. de la Guardia, and Thomas J. Rebull as members of the Civilian Investigative Panel. Chairman Gonzalez: BC.17, Civilian Investigative Panel board appointments. Pamela E. Burns (Assistant City Clerk): I'd like to state on the record that there was a substitution to this item that was distributed last week and it just slightly modified this item, other than what's in your agenda package. Chairman Gonzalez: OK, so are we ready? Can we vote on it now, or we should --? Commissioner Spence -Jones: What was the modification, just so --? Chairman Gonzalez: All right. Commissioner Spence -Jones: Because I -- Ms. Burns: The substituted item added another name, and for the record, the Civilian Investigative Panel is proffering Brenda Shapiro, Fred St. Amand, with a four fifths waiver for attendance; Rodolfo de la Guardia, with a four fifths waiver for attendance, and Thomas Rebull for a -- with a four fifths waiver of attendance. Chairman Gonzalez: All right. We need a motion on this. Commissioner Sarnoff I'll so move. Chairman Gonzalez: OK. We have a motion on the Civilian Investigative Panel board appointments, and do we hear a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.18 07-00083 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS THE CHAIR AND VICE CHAIR OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATIONS: Commissioner Marc Sarnoff Chair City ofMiami Page 73 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Michelle Spence -Jones Vice Chair 07-00083 memo Midtown.pdf 07-00083 members Midtown.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0086 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Commissioner Marc Sarnoff and Commissioner Michelle Spence -Jones as Chair and Vice Chair, respectively, of the Midtown Community Redevelopment Agency. Chairman Gonzalez: BC.18, Midtown Community Development [sic]Agency. Pamela E. Burns (Assistant City Clerk): And -- Commissioner Regalado: Mr. Chairman. Ms. Burns: -- let me state -- Chairman Gonzalez: Yes. Ms. Burns: -- for the record, the last time this item was on the agenda, we were to appoint a chairperson, Commissioner Spence -Jones, but you were already serving as Chair -- Commissioner Spence -Jones: Right. Ms. Burns: -- so -- Commissioner Spence -Jones: I would now -- I'd like to nominate Marc Sarnoff as the -- Commissioner Regalado: I will second the nomination. Is it -- Chairman Gonzalez: All right. Commissioner Regalado: -- for Chair or -- Chairman Gonzalez: We have a motion. Commissioner Regalado: -- Vice Chair? Commissioner Spence -Jones: Chair. Commissioner Regalado: Chair, OK. Nomination -- I second the nomination for -- Commissioner Spence -Jones: What are you saying -- Commissioner Regalado: -- Marc Sarnoff -- Commissioner Spence -Jones: -- Madam Clerk? City ofMiami Page 74 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: -- as Chair ofMidtown Development [sic] and Michelle Spence -Jones for Vice Chair. Commissioner Spence -Jones: Yeah. What were you going to say, Madam Clerk? I'm sorry. Ms. Burns: OK. You are currently serving until May as Chair, and this item was for the position of Vice Chair, so -- Commissioner Spence -Jones: I mean, they're not doing anything anyway. Commissioner Regalado: Well, you don't -- Commissioner Sarnoff I'm not sure that -- I'm not even sure this guy's qualified to be Chair, so - Commissioner Regalado: No. I mean, what you do is you don't go to the meeting until May, and he chairs. Whatever. Commissioner Spence -Jones: I nom -- can I nominate him for Chair of the Midtown? I mean, is that --? Ms. Burns: Are you giving up your chairmanship? Commissioner Spence -Jones: Yes, yes, yes. Ms. Burns: Is that what you're doing? OK. Commissioner Spence -Jones: I'll be the Vice Chair, Commissioner Sarnoff. Commissioner Regalado: OK Chairman Gonzalez: All right. We have a motion on the Chair -- Commissioner Regalado: Second. Chairman Gonzalez: -- and Vice Chair of the Midtown Redevelopment [sic] -- Commissioner Regalado: Second. Chairman Gonzalez: --Agency, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Burns: For the record, again, Commissioner, are you saying that you would -- you are asking to be appointed now as the Vice Chair? Commissioner Regalado: Yes. Commissioner Spence -Jones: Yes, ma'am. Commissioner Regalado: Yes. The motion was Marc Sarnoff Chair; Michelle Spence -Jones, Vice Chair. City ofMiami Page 75 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: All right. BC.19, Coconut Grove Business Improvement Committee. Commissioner Regalado: By the way, they met -- at their meeting, I saw an official notice of Midtown Redevelopment Agency [sic] meeting for, is it Tuesday or the -- it already happen? They met somewhere; I saw it in one of the local paper. There was a meeting. They didn't -- did they notice you? Commissioner Spence -Jones: Not at all. That's why I'm -- Commissioner Regalado: Well -- Commissioner Spence -Jones: That's why -- Commissioner Regalado: I know they met. I saw the advertisement. Commissioner Spence -Jones: Well, we'll look into it. BC.19 07-00084 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. VOTING MEMBER APPOINTEES: NOMINATED BY: John El Masry Commissioner Marc Sarnoff Elena Carpenter Commissioner Marc Sarnoff Sylvano Bignon Commissioner Marc Sarnoff Eduardo Durazo Commissioner Marc Sarnoff Rick Kalwani Commissioner Marc Sarnoff NON -VOTING APPOINTEES: NOMINATED BY: Tucker Gibbs Commissioner Marc Sarnoff Sue McConnell Commissioner Marc Sarnoff 07-00084 memo.pdf 07-00084 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0087 City ofMiami Page 76 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 passed unanimously, with Vice Chairman Sanchez absent, to appoint John El Masry, Elena Carpenter, Tucker Gibbs, Sue McConnell, Eduardo Durazo, Rick Kalwani, and Sylvano Bignon as members of the Coconut Grove Business Improvement Committee (BIC). Chairman Gonzalez: All right. BC.19, Commissioner Sarnoff. Commissioner Sarnoff Yes. I'd like to reappoint John El Masry, Elena Carpenter, Tucker Gibbs, and Sue McConnell. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Pamela E. Burns (Assistant City Clerk): Also -- Chairman Gonzalez: Those opposed -- Ms. Burns: Excuse me. Mr. Chair, for the record, my understanding is there are three other members that are outstanding, and I didn't know if Commissioner Sarnoff wanted -- Commissioner Sarnoff Ex -- Ms. Burns: -- to reappoint those individuals. Commissioner Sarnoff -- yeah, the ex-officios, is that what they're --? Ms. Burns: Yes. Commissioner Sarnoff Yeah. I'll reappoint Art Noriega, David Whitaker, and David Collins. Let me defer David Whitaker, actually. Ms. Burns: Also, you all -- there're also three members whose terms expire in March and April, which are Eduardo Durazo, Rick Kalwani, and Sylvano Bignon. Commissioner Sarnoff Let me reappoint them as well. Ms. Burns: Thank you. Chairman Gonzalez: All right. We have a motion, and is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: That concludes the board appointments. City ofMiami Page 77 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 DISCUSSION ITEMS DI.1 07-00024 DISCUSSION ITEM Office of the City CITY ATTORNEY ANNUAL REPORT TO THE CITY COMMISSION. Attorney 07-00024 Cover Email.pdf DISCUSSED Direction by Commissioner Spence -Jones to the City Attorney to focus increased attention on foreclosures of vacant lots and buildings in District 5; further directing the City Attorney to expedite the processing of affordable housing agreements; and further directing that qualified African American law firms be added to the list of attorneys utilized by the CityAttorney's Office. Direction by Commissioner Sarnoff to the City Manager to provide the Commission with the City's established policies regarding foreclosures at the City Commission meeting currently scheduled for March 8, 2007. Chairman Gonzalez: All right. DI.1. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: Mr. City Attorney, it's your presentation. Mr. Fernandez: Mr. Chairman, Commissioners, it will be less than ten minutes, I guarantee you. It's going to be a very quick PowerPoint presentation. Last week I met with each of your chiefs of staffs [sic], and I gave them a complete report with a great deal of details. What intend to give to you today is just an executive summary of the accomplishments of the Office of the City Attorney during the past fiscal year. Keep in mind that this is information that was for fiscal year 2005/2006, which ended in September 30, 2006. I -- this report has been coming to you for the last two or three months, and we've never had an opportunity to do it, so we'll -- Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Fernandez: -- speed through it. Ms. Burns: Mr. Chair, we've lost our quorum. Chairman Gonzalez: All right. We lost quorum. Mr. Fernandez: To the extent that this is a report, and you do not require to take action on what's being presented to you, I suggest to you that you may contin -- that may continue with a presentation -- Chairman Gonzalez: Go ahead. Mr. Fernandez: -- because no vote is -- Chairman Gonzalez: Yeah, no -- Mr. Fernandez: -- indicated. Chairman Gonzalez: -- action is (UNINTELLIGIBLE). City ofMiami Page 78 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Mr. Fernandez: This is a report that is for that time period, and as this -- as the frame that you're looking at, this is what we are committed to, serve the City and dedicated to excellence. We have a mission statement, and the words -- the operative words here are the ones that are in blue. We provide you the full range of legal services and representation in a timely, efficient, and cost-effective manner. We also have core values that guide that which we do for you and for the entire city, boards, and authorities. We're transparent in what we do. We're accountable in how we do it, and we work as a team amongst ourselves and as well with the Administration and with everyone that we interface with. We have three office -wide initiatives. We're committed to achieving the highest -- attaining the highest level of professionalism by becoming the best that we can be in the area in which we practice, contributing to the professional organizations that we belong to, as well as doing community service. We mentor each other so that we achieve the highest degree of efficiencies, and we are -- our slogan here is "client delight." We're not just satisfied with satisfying the client, but we're trying to bring about a mind -set where the client is, in fact, delighted by the efforts we provide them. With regards to who we are in our office, a year ago there were, when we first started in fiscal year '04/'05, 29 attorneys. Presently, there are 22. There have been a reduction of attorneys, and we're now in the last four months. Since the beginning of the new fiscal year, we have started ramping up; now we're up to 25. The cumulative number of years in practice, what is -- 18 years. In local government, ten years -- the average number of years of experience of the attorneys in our office is ten years in local government, and particularly, in our office we have an average of eight years of experience. This chart is important because it gives you a sense that we, at the City Attorney's Office, have the depth of experience, not only in municipal government and as members of the Florida Bar, but also, on the average, eight years serving the City of Miami. We practice a total of 43 different areas of law, so it is a very complex and a very varied type of environment that we work in. In the area of litigation, we practice in 13 different types of litigation; worker's compensation, civil rights, personal injury. Those are the types that I'm referring to, and of those, there are 13; transactional, land use, labor employment, general government. Altogether, 23 areas. Who are our clients? The first and most important client is the City Commission, but then we also serve, individually and considered clients, the Mayor and the individual Commissioners, the officers of this City, the City Clerk, the City Manager, and Mr. Igwe, who are officers, and then department directors, 27 departments, and then authority, boards, and committees that we serve directly; there are ten of them. Altogether, you can say that we have then 47 clients that we respond to on a daily basis through a varied and very mixed request. Accountability. We have taken -- or the way to access legal services is by way of filling out this form, and this form is what begins the delivery of any legal service requested by any of those 47 clients, and this is some more about that form. Accountability also goes to the way that we account for our time. We bill time, or we keep record of the time that we spend on every single matter that comes to us through the request sheet that we just showed you. We also keep frack of the nonbillable time, time that we do not bill to the client, but that we spend going to CLE seminars, Continuing Legal Education; being involved in professional organization, taking care of office business, or doing community service, and then the green portion of that report shows vacation, holiday, other, leave, and ill. We track all of the time of every single attorney in the office so that we then become truly accountable to you and to your constituents. This is a sampling. Now, in the book that has been distributed to you, you have more particular information, but this is a sampling of the number of hours, by clients, that was consumed during the year '05/'06. For example, Code Enforcement, we -- they consumed 1,814 hours of lawyer time, if you will, taking care of Code enforcement business for the City, and this is just a sampling to give you an idea of the consumption of legal service by each of these clients. A more detailed explanation of that is contained in the book that was delivered to you, as well as in the book that was given to your chief of staff. Commissioner Regalado: What is the department that uses more time from the City Attorney? Mr. Fernandez: Police Department. Police Department, far and above any other department. City ofMiami Page 79 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: Why is that? Mr. Fernandez: The nature of their business, I would surmise. They're the ones that are in the front lines. They're the ones that have the greatest opportunity, you will, to incur liability because of the risky nature of their business, also the size of their department. They are, by far, the largest department in the City, and the functions. I think this is really -- when you norm this or you compare this to other jurisdictions, this is very much in keeping, and this is -- it normalizes it, in other words, but within the City -- and you can see, in the report gave you, a breakdown, department by department, but certainly, they consumed 27 percent of all the legal time that we spent, because here you see the grand total. For fiscal year '05/'06, we billed a total of almost 49,000 hours of deliverable legal service to the client, and of that, the police department was a quarter of that. Sampling of numbers of files opened by clients. Again, we keep frack of everything, not only the time we spent, but the number of different files that we get on a rotating basis. There you see, as of September 30, '06, which was the closing of that year, Model Cities [sic] Trust had 15 files or 15 different matters that we were handling for them. Now a grand total that we have on any given day in our office, we have close to 1,500 matters that we're addressing on any given day. Of course, we're not addressing all of them at the same time; that these are open, pending matters, and in the report that I've given you, you can see at what rate we open and we close files. Here you have a pie chart that's descriptive of the number and percentage of open files by area of practice in our office. In our office we have five different areas of practice, or we group the lawyers into five areas. Those who do litigation, and you can see that the bulk of the work we do, 64 percent of all the work we do in our office is in litigation, and what does that tell you? Well, this is a very litigious society, and the City is being sued constantly for any number of issues. Likewise, the City is also pursuing -- because when we prosecute Code Enforcement, or when we collect, or -- we also, oftentimes, are the ones who sue. This is by billable hours. Any way you look at it, litigation consumes almost 50 -- well, a little bit over 50 percent of our time. Cost of legal services. This is a very telling graph. In fiscal year 2004/2005, the total expenditure -- the budget of the CityAttorney's Office was 5.5. In 2005/2006 we returned to the City half a million dollars. We billed 46,000 hours in 2004/2005. We increased that to almost 49,000 hours, and therefore, the cost of legal services, when you divide the total budget into the number of billable hours -- and by billable hours, I'm not referring -- I'm only referring to substantive legal work that is being done -- the average -- and this is a blended rate because we have all of the attorneys, those who make money, like I -- lots of money, and those who are just beginning lawyers. That's what the concept "blended" implies -- of $102 an hour. For outside counsel -- and this is a way of making some comparison here that could make sense -- in 2004/2005 there were 25 law firms representing the City on any number of matters. In 2005/2006, at the end of that fiscal year, there were 15. Today we have further reduced that number, so as I'm speaking to you today, there is only 11 law firms, so our dependence on outside counsel is going down, which is a very good trend for the City. The number of matters assigned to those firms was 64. This year there were only 25. Hopefully, when I report to you at the end of the fiscal year that's in course, I will be able to show you less than 12 or 14 matters, at most, being handled by outside counsel, and the dollars spent in '04/'05, 700 -- three quarters of a million dollars was spent on outside counsel. This year we're already almost to that point, but the anomaly here is that most of this money is spent on one issue, which is the fire fee case, as has been discussed and reported to you before. Once we resolve, one -- once we resolve that case, the monies paid to outside counsel would diminish significantly. The cost per hour, therefore, whenever we go to outside counsel, the average rate that we pay to an outside counsel is $350 an hour. As I reported to you here, we have been able to achieve a cost of legal service, per hour, of $103 an hour, and again, the quality of service that we provide to the City is as good, and in many instances, better than that which we could expect from outside counsel. Maximizing resources, and these are goals that we have set for ourselves. We track time, and there is an expectation that every attorney in the office would bill and be accountable for 1,800 to 2,000 hours of billable hours for service to the client. We're using law clerks, interns, paralegals, legal trainees for litigation support. The use of paraprofessionals is something that, hereinbefore, was not used by the CityAttorney's Office. City ofMiami Page 80 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Now we're maximizing all of this -- those resources, which allow us to reduce the budget and allow us to have, perhaps, a lower number of actual attorneys serving. To the extent that we can get a paralegal to do something, and it's justifiable and good quality work, there is no need to have an attorney perform those same duties. Precise allocation of legal resources for City boards. We took a look at all of the boards and authorities that the City has in place, and we became very critical as to their consumption of legal services. Many of these boards before required an attorney to be there, and the attorney would go and spend three, four, five hours, and literally, nothing would happen; no legal work, no -- so now we are, on most boards, on an as -need basis, on call. They need us for whatever reason, we respond. However, there isn't any number of boards that we continue to serve every time they meet, so we have made that analysis, and everybody's being served as they need, but there is no waste. We're transitioning from a reliance on print media to online legal research. We have spent a great deal of time and effort making sure that we are on the cutting edge of technology with regard to our ability to research, as well as to keep track of everything that we do. Further goals that we have. We need to develop an in-house, eminent domain expertise. When and if the City ever gets ready to and deems it important to exercise the power of eminent domain, I want to be ready to provide that in-house rather than have to go to outside counsel, and we're working on developing that expertise within this year. Reduce the number of matters referred to outside counsel. We spoke about that. Restructure the budget for fiscal year '06/'07. I'm engaging the Administration in some conversations on how we can make my office more accountable and more transparent in the budget process to the client and to you, in particular. We continue, aggressively, an outreach to attract and retain minority professionals. We're very committed to this. Over the last two years, we have lost a significant number ofAfrican-American attorneys, and I am really chagrin about that. We are in the process, and I'm glad to report to you that we have hired three, and we're in the process of recruiting and hiring more. This is something to which I am very committed, and Commissioner Spence -Jones makes sure that I -- keeps my feet to the fire, which I appreciate. Modify applicable regulations to provide that all Office of City Attorney personnel operations are fully autonomous. This is an issue that I need to continue to work through. We are impaired. By us being totally dependent on the civil service system that we have, we cannot hire legal secretaries, we cannot hire paralegals, we cannot meet the needs that we have in a very volatile and competitive environment on a timely basis. It takes an incredibly long period of time to establish the registers, to do the testing, to do all of that. This is a malady not only that I suffer; a lot of my other colleagues in the City in other departments likewise have the same problem. Ours are unique, in that we, as we go to court and we need special resources and special personnel, oftentimes we are hampered, and we have to go the route of hiring outside as consultants or as contract individuals rather than developing those as City employees, but this is an issue for a longer range discussion with the Commission to see how we can best achieve these changes. That concludes my presentation. I have delivered to each of you a book that's an executive summary. Your chief of staffs [sic] have a larger volume that shows, in great detail, all the things that we have been doing in your office for you, and it's my privilege to serve as your City Attorney. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. [Later...] Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman? Chairman Gonzalez: Charter -- yes. Commissioner Spence -Jones: I just wanted to, at least, make a comment on the presentation. Do I have a minute to do that, at least? City ofMiami Page 81 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: And I thank you, Jorge, for, you know, definitely making sure that we brief in -- and I can say that you -- your team has been responsive in my office regarding several issues re -- you know -- garding items that are taking place within my district. The two things that I do want to, at least, see a little bit more attention placed on is, one, the foreclosure issue in my district. The number offoreclosures that we've been frying to, you know, settle, to move on, so that we can continue to do affordable housing. There has definitely been an issue of backlog or -- I don't know what's happening, but some of these things even predate me, you know, so I'd like to see some attention focused on that issue offoreclosures. I know you have an outside person, I believe, that works along with you on it, but apparently, they -- a lot of the stuff is just not moving the way that I'd like to see it move, and then the other part -- Commissioner Sarnoff Can I comment? Can I make a comment, while you're on that one, because that's an excellent, excellent area? I don't know that this City has a foreclosure attorney. If it doesn't, it should have three. It would be the most profitable area for this City to endeavor hiring an attorney and enforcing foreclosure. Every time we do Code enforcement, and we put liens on buildings, it is an absolute, with some discretion, it is a great opportunity to start setting a pattern and showing the City ofMiami are caretaking for the neighborhoods, and a lot of out -of -compliant landowners that warehouse lands for years and years and years, and they do it now for the next five years, as the market changes, and they get hit with fines, and they get hit with liens, and nothing occurs. I can remember a place called Club Marcos. Everybody know where that is? That's on Florida and Virginia. That's where they're building that high-rise condo. As a citizen, I received -- I was able to get $450, 000 in fines and liens on that building, only to have Code Enforcement reduce them to $5, 000. Then we went back at it one more time, and we get $475, 000 in liens and fines, and Commissioner Winton, at that time, promised that that place would be foreclosed upon, and it never was, and I'm talking to you from mano y [sic] mano, attorney to an attorney. There's no reason on this green earth why, if somebody accrues that kind of fines [sic], those kinds of liens, that those buildings are not foreclosed upon. Commissioner Spence -Jones: Yeah. I just want to add, and the reason why I'm mentioning it is that -- I'm not even talking about buildings. I'm talking about vacant lots -- Commissioner Sarnoff Same thing. Commissioner Spence -Jones: -- that are in my district alone; that, you know, the people that own the lots don't live in the community, because I understand that there are some instances, Mr. Sarnoff, that some of these properties have been in families for God knows how long, and -- from the community, and they have difficulties even dealing with the properties that they have, and I think that there needs to be something -- another way to look at those instances, but clearly, I can just say to you, alone, in Liberty City, you know, I have number of lots. The folks don't live in the neighborhood. They really could care less about what's happening in the neighborhood, and you know for a fact we've been frying to run these people down so that we could, at least, put some affordable housing there, and I'm just not really getting the kind of results that I'd like to see coming from -- Commissioner Sarnoff Well -- and that's my point, Commissioner Jones [sic], because ifI go up and down Grand Avenue, there's one particular landowner that owns probably six blocks. He's probably one of the worse landowners on that particular street, and if Code Enforcement does their job -- you know, his intention is to hold onto those properties for a number of years until the market changes. Well, that means that we're left with a man with partially vacant, sometimes completely vacant buildings; Code Enforcement claims -- I say it claims -- that it goes out and does its job, because I haven't checked it, and as far as I know, once you get past the Code Enforcement hearing, and there's an accrual, and then there's a lien placed on the property, even if it was $50,000 or $100, 000, foreclose on it. That man won't stand there on his price of City ofMiami Page 82 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 $5 million forever. He'll incur a lawyer. He'll start fighting a proceeding, and $4 million will be palatable; 3 million may be opportune, and now, all of a sudden, you have an opportunity for somebody to come in and put affordable housing in. It's a great cycle to get into, if you think about it. If you make noncompliant owners of either vacant land, or buildings that are vacant, or buildings that do not come up to Code, and you enforce upon them -- these people are warehousing that land, expecting the next gold rush to occur. Well, let's not give them that opportunity. Let -- they are part of the blight of the City ofMiami, and I really can't stress to you enough, in words articulate well enough, that this is something a city attorney should make his number one priority. Mr. Fernandez: Well, Mr. Chairman, Commissioner Sarnoff I appreciate that, and I would very gladly assume whatever responsibility. We do have two attorneys that are very good at foreclosing, and we have foreclosed three properties in the last two years. However, as ready as we may be with regard to expertise and knowledge to proceed, the decision to foreclose is not, or so far has not been the decision of the City Attorney. It's the decision primarily of the Administration because they need to make a fiscal analysis. To foreclose and take title to a property depends on what position you stand. If we stand in a second or third position, we need to wipe clean, we need to take -- to be able to take them out, we need to have the monies, and we need to have the wherewithal, as well as the plan, for what that land will be used for in the future. It's a policy debate that -- Commissioner Sarnoff Well -- Mr. Fernandez: -- needs to be had. Commissioner Sarnoff -- I understand, but you have a noncompliant owner who's obviously incurring the wrath of Code Enforcement. You're going to go to a judicial cell, whether you, as the lienholder, is going to take them out, or the first mortgage holder is going to bid his mortgage, or the second mortgage holder is going to bid its mortgage -- Mr. Fernandez: Correct. Commissioner Sarnoff -- is, I would tell you, an irrelevant position to take. Very simply -- Mr. Fernandez: Sure. Commissioner Sarnoff -- you're now getting a new landowner involved, who is putting up a significant amount of money, and wouldn't do so, I would suggest to you, based on market analysis, and would be probably having a set of plans and ideas for a purchase of property that he's acquiring. Mr. Fernandez: I agree, and there's nothing that you've said that disagree with. All that I'm telling you is that would wel -- and I'm sure the City Manager would welcome direction from the Commission with regard to how aggressive we need to pursue this. Lori Billberry, Madeline Valdes, Barbara Gomez, these are all individuals who, for years, have been involved in the process of determining whether or not to go to foreclosure, because that's not an ultimate decision that make, and I don't know that this Commission should -- Commissioner Sarnoff Well -- Mr. Fernandez: -- devolve that entire responsibility to me. Commissioner Sarnoff -- I think I appreciate what you're saying, to some degree, but let me make this some more of a policy basis, and I hope my Commissioners would -- I hope they would agree with me. The way New York City cleaned up its act, and the way 42nd Street became clean City ofMiami Page 83 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 as it is today was through a series of zero tolerance, and it said, "We're going to look different today," and they did that by not accepting and not agreeing that the status quo was acceptable, and I'm suggesting to you, as an attorney and maybe now as to the CityAttorn -- to the City Manager, that we shouldn't accept the status quo. We, as a city, can shape what the city will look like simply by enforcing our laws, and the best way you can enforce a law is to take someone's property who is completely noncompliant. Now I'm not suggesting that this is the small homeowner approach to go after, but am suggesting that there are certain commercial properties on certain important corridors in Miami that are noncompliant; have been noncompliant for years and will be noncompliant, I suspect, three weeks after this conversation is had and maybe three months later, and there -- Mr. Fernandez: So maybe -- Commissioner Sarnoff -- were ways and there were cities that had the same problem as Miami, in probably a more urban environment, such as New York, that one day a man by the name of Rudy Giuliani came along and said, "No more, " and he enforced something called "zero tolerance, " and it was zero tolerance for many things, and until we get to that bravado, if you will, until we get to that status, we'll always limp along as a city. Commissioner Spence -Jones: And again -- thank you, Commissioner Sarnoff. I just wanted to make -- the -- I think it's important ifyou -- took the time to put a presentation together, I think it's important, from a Commission standpoint, to tell you things that we feel that you need to work on so that -- Mr. Fernandez: Definitely. Commissioner Spence -Jones: -- you can better assist us in the area, so foreclosures -- Mr. Fernandez: Definitely. Commissioner Spence -Jones: -- and I'm not -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- talking about -- I'm talking about the ones that are already on the list that have already gone through the process that I've been waiting on, that definitely want to have some attention added to. The second one is the affordable housing situation. I've already talked to the City Manager. We have several affordable housing projects that are coming our way now -- I know, at least, in my disfrict and a few other districts -- that there is a hold up on their agreements getting done, and I think a part of it is just a backlog. Maybe, perhaps, the attorneys are a little, you know, overworked, or you know, backlogged, so maybe there's something that we can do, and I want to see that if there's any way that we could have some support from you, because I've got to move some of these projects to make sure that there's no hold up on their agreements, so that can begin to actually build affordable housing that we know we need to have in the disfrict -- Mr. Fernandez: I would -- Commissioner Spence -Jones: -- so my question is -- I know most of it is normally done in the CityAttorney's Office, butl would like to, at least, make the suggestion -- andl see how you -- what you're -- now I really understand why you're trying to cut back on some of the expenses associated with your budget, which I think is to be commended, but think, when we have issues where we have crises, or we have clear issues that are very, very important, they need to take -- Mr. Fernandez: Yeah. City ofMiami Page 84 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: -- top priority, so my question is can we begin to make some, you know, special accommodations for issues like affordable housing that maybe we can't get to it in the manner that we'd like to get to it through the CityAttorney's Office? So maybe having somebody with outside counsel can assist us with moving these projects, because they do have to move. Mr. Fernandez: I would never object to outside counsel, seeking assistance from outside counsel when I deem it to be important and necessary. This issue that you're raising with me is of a very recent vintage, because only as of recently have I began to hear that, in our office, things are being stuck when it -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: -- comes to this area. You need to consider the source. The source may not be as reliable. I will look into it personally and directly myself and if, in fact, there is any fruth to that, I will come to you next City Commission meeting and ask for authorization to retain outside counsel so that we can expedite what I know to be your top priority, which is affordable housing. However, that said, do not take everything you hear at face value -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- Madam Commissioner. Commissioner Spence -Jones: No problem, and then last, but not least -- I'm sorry, Mr. Chairman; I'll turn it back over to you. Again, just giving you comments on your item -- is the -- we talked about diversity of the outside -- diversity on the inside of the CityAttorney's Office, which I definitely see that there is definitely been a change, and I want to commend you, and you're right, I'm always on you, every time I see you, about the number ofAfrican Americans or women attorneys represented in the office, but -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- out of the 11 firms that we've now cut back to, I do have a question. Out of those 11 firms, how many of them are actually African -American -based firms? Mr. Fernandez: None. Again, these are -- Commissioner Spence -Jones: We're going to work on that one -- Mr. Fernandez: -- all firms that I -- Commissioner Spence -Jones: -- right? Mr. Fernandez: -- inherited that I had been whittling down. I have not added any firms since I have been here. Commissioner Spence -Jones: So there were -- none on the list, prior to that, were African American? Mr. Fernandez: I can't -- out of twenty -some firms there were, I cannot recall any, but -- Commissioner Spence -Jones: I just would like -- again -- Mr. Fernandez: -- I will give you -- City ofMiami Page 85 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: -- this is my recommendation -- Mr. Fernandez: -- a report. Commissioner Spence -Jones: -- that it's really important that we spread everything around. It's important -- Mr. Fernandez: Definitely. Commissioner Spence -Jones: -- there's some -- definitely some qualified, you know, African American firms that are out there that should be also added to our list. [Later...] Chairman Gonzalez: All right. Anymore discussion on the City Attorney presentation? Commissioner Sarnoff Yeah, just briefly, Mr. Chairman. Chairman Gonzalez: OK. Commissioner Sarnoff Mr. Manager, could you give us, at the next meeting -- that would be appropriate; not a PZ (Planning & Zoning) meeting -- some sort of an established policy as to how you foreclose, why you foreclose, why you will not foreclose, when you will foreclose, why you will not foreclose, anything you could tell me about foreclosure would be very helpful to understanding of my district. Pedro G. Hernandez (City Manager): Commissioner, thank you for bringing it back, because obviously, we do have a major stake on that concern, together with the Attorney's office, and we need to look at the policy, the approach that we want to take, the business -like approach it ought to be, and welcome -- Commissioner Sarnoff The zero tolerance -- Mr. Hernandez: -- that opportunity -- Commissioner Sarnoff -- approach. Mr. Hernandez: -- to look at it, work with the City Attorney, and come back to you with the approach that we should be following. Commissioner Sarnoff Thank you. Mr. Hernandez: Thank you. Commissioner Spence -Jones: Ditto. Commissioner Regalado: IfI may, just -- Mr. Chairman, sorry -- 30 seconds. We have to do whatever we decide, before late April, and the reason is that most of these abandoned buildings, some of the owners do not pay taxes either, and what is happened is that every April, in the steps of the courthouse, they foreclosure [sic]; the County sells the liens on the taxes. Last year they sold 26, 000 properties -- liens, and when you buy, as a speculator, the tax lien, you become part owner of that property, and that would complicate things more if we want to foreclosure [sic] the property, because then you have to deal with two owners, one that bought for speculation and the other that owns the property and has it abandoned, so we need to find the list of the property City ofMiami Page 86 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 that the County is about to sell in April, because I'm sure that -- last year I took the time to go one by one the list of the 26,000. Trust me, there were like 1,000 in the City ofMiami that people bought -- speculators bought the tax lien, and these properties, now they must have two owners, because either they go to the new -- the real owner said, if you don't give me that, I would exercise my option and take away your property in court, or they will sell it to somebody else to speculate, and it's very interesting this process because people are speculating, and I would bet you that some of the properties that you were talking about and you were talking about and Angel has in the district are already -- Commissioner Spence -Jones: On that list? Commissioner Regalado: -- part owners of people that are speculating with the tax lien, so I would tell you that whatever the policy is, we need to do it before April so we can stop the sell of these liens, even if we have to buy it; then we become owners, and then it's easier for the City to foreclosure [sic] on those property, so remember, 1,000 in the City ofMiami last year, of the 29, 000 properties. Thank you. Chairman Gonzalez: Any further discussion on the City Attorney presentation? It was going to be ten minutes. Jesus Christ. Mr. Fernandez: My -- Chairman Gonzalez: All right. I think we're going to -- Ms. Burns: Excuse me. Chairman Gonzalez: -- recess for lunch. Ms. Burns: Mr. Chair? Chairman Gonzalez: We should be back at 2:30. Commissioner Spence -Jones: We only have one item left, right? Chairman Gonzalez: No. We've got three more items left. Commissioner Regalado: Can we do it and --? Chairman Gonzalez: We have DI.3, DI.4, and DL S, and l -- Commissioner Regalado: Can we do those? Yeah. If -- Chairman Gonzalez: If you want to do them. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: The thing is that -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- I don't know how long they're going to take. Commissioner Regalado: Yeah. If we -- hey, let's do it, and we don't have to come back -- Commissioner Sarnoff Come back. City ofMiami Page 87 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: -- in the afternoon. Ms. Burns: And, Mr. Chair -- Chairman Gonzalez: All right. Ms. Burns: -- I have four -- two housekeeping issues regarding our board appointments from this morning. Commissioner Sarnoff Well, let's take them. Let's -- Ms. Burns: If you -- D1.2 07-00112 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 07-00112 Summary Form.pdf DEFERRED DI.3 07-00095 DISCUSSION ITEM Office of the City Attorney DISCUSSION ITEM REGARDING CHANGES IN THE CITY CHARTER IN REFERENCE TO: A) BONUSES FOR STAFF OF OUTGOING ELECTED OFFICIALS. B) STAFF OF ELECTED OFFICIALS BEING TAKEN OUT OF THE UNCLASSIFIED SERVICE OF THE CITY OF MIAMI; DESIGNATING THE ELECTED OFFICIAL AS THE SUPERVISOR AND SOLE DECISION MAKER OF HIS/HER STAFF. 07-00095 Cover Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to bring back an ordinance on first reading at the City Commission meeting currently scheduled for March 8, 2007, regarding bonuses given to staff of elected officials and removal of staff of elected officials from the unclassified service. Chairman Gonzalez: All right. Let's take DI.3, Charter review changes. Commissioner Spence -Jones: That's been pulled, right? Chairman Gonzalez: Charter review changes. Commissioner Spence -Jones: Isn't this item, Mr. Chairman, being pulled? Chairman Gonzalez: I don't know. DI.3 -- Jorge L. Fernandez (City Attorney): This is the -- Chairman Gonzalez: -- has been pulled? Mr. Fernandez: -- this -- the -- yeah, DI.3. This is an item that we prepared, at the request of the City Commission last time, when you were discussing the possibility of having a charter amendment that would address the issue of bonuses for staff of outgoing elected officials, and City ofMiami Page 88 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 staff of elected officials being taken out of the unclassified service. You addressed those concerns; you discuss it, and you instructed me to prepare the item to come back to you. We have a brief presentation to make with timelines and time frames and the process that you need to engage, if in fact, you're still interested, as a Commission, to go forward to have a Charter question either at the August or November election. Commissioner Sarnoff Well, let me -- I'm the one that brought this up. Instead of doing a Charter change -- although, I do think one needs to be done, and I'm actually going to ask the City Attorney -- I don't know that it would get -- I think what we first need to do with regard to the Miami Charter is create a Charter review committee, and anybody would like to put suggestions up, whether it be done now or whether we start thinking about it for the next Commission hearing, that's fine, but what don't want to do is put a Band-Aid on something when we can have an entire Charter review, and one of the things I would like to put forth, just in -- for our own sake in the future, is a bill of rights. That's something I think our Charter sadly lacks, and we're probably, if I'm correct, the only city, in all of South Florida, that doesn't have a bill of rights in our Charter, and while we like to say look at the County Charter, why do we say that when the County -- when the City ofAventura doesn't say that when the City ofMiami Beach doesn't say that, when the City of North Miami beach doesn't say that? So to me, we need to have a more organic Charter review and a Charter review committee. What wanted to address, what think the City Attorney has addressed with an ordinance change, was a concern of mine about departing Commissioners' ability to provide bonuses to his or her staff upon leaving, and the City Attorney has drafted legislation on Ordinance 4-61, which I think addresses those changes satisfactorily, and if he were to give me some indication as to how I could maybe get a first reading of this ordinance and then we can come back and start a more organic Charter review change. I'm certainly all ears here. Julie O. Bru (Deputy City Attorney): Commissioner, we have a copy of the proposed language that would amend the Code, and we're distributing it to your colleagues at this time. Maybe we can review it and get any comments or feedback so that we can then actually have a first reading at the next general Commission meeting. Commissioner Sarnoff What -- just so my colleagues understand, what I'm trying to make sure of is that we are, in fact -- couple things -- the ones that are in charge of our staff although there will be some conflicting parts of the Charter which will suggest the City Manager is the person who governs our staff and what -- with this City Manager, I'm absolutely confident that's not an issue, but think the laws should be clear that we should, inevitably, be the arbiters of our staff but most importantly, what it does allow us to do, it does allow you to bonus your employees when they exceed standard reviews, and these are objective/subjective standard reviews which are in place in the City ofMiami, but what I'm trying to prevent is an outgoing Commissioner's invasion -- I call it an invasion -- of a -- of that incoming Commissioner's budget, because what'll happen is you'll ordinarily be at budget limits, and then that Commissioner will have contacted the City Attorney -- the City Manager, and that City Manager and that Commissioner could agree to a bonus for that staff and that throws you off because the next Commissioner inherits a deficit, so this legislation would take care of that, because what it would do is require the City Commission to approve that type of increase, and that's, I think, something you all, I hope, would support me on, because it's something that an outgoing Commissioner should not do at the last minute, and that's -- I think this legislation does exactly what it's intended to do, so I provide this to you. If you look at it and you read it, you'll see how it addresses the City Manager shall place such one-time lump -sum payment request on the next City Commission agenda for consideration by the City Commission, so you know, I could read the whole thing into the record, but I'm sure the CityAttorney's better at that than I am. Ms. Bru: OK. Well, basically, by way of explanation, what we're doing in this ordinance, and that -- and it's working within the constraints of the Charter, which clearly gives the Manager the authority over the Civil Service, and members of your staff are part of the Civil Service; they City ofMiami Page 89 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 are unclassified, but part of the Civil Service, nonetheless. We added some language here to clarify that the unclassified members ofyour staff would still be able to participate in the extra compensation program that the City makes available to other members of the unclassified service. We put language in here that clearly says that even though it is the Manager who appoints these individuals, it is the elected officials who nominate them, who determine the salary and their tenure, so they will serve as long as you have determined, not at the arbitrary will of the City Manager, and then we added the language which clearly provides for that bonus that may be given by a elected official upon leaving office, and it has, you know, three restrictions; the employee's performance has to exceed standards, which is what's required under state statute for giving extra compensation to a municipal employee; that payment will not exceed the elected official's current year budget appropriation for that line item, and the City Commission approves it, so with those three constraints, you would be able to award, upon leaving office, a bonus to a member ofyour staff. Commissioner Spence -Jones: Mr. Chairman, can I just ask -- could I (INAUDIBLE) -- asking - -? Rosalie, do you mind -- I just want you to just give me your input of this legislation. I mean, we're not voting on it right now, right, Marc? Are we? Commissioner Sarnoff No. Commissioner Spence -Jones: Oh -- we just -- we're going to bring it back at the next -- OK, but I do want to get your input. Rosalie Mark: OK. Thank you. Rosalie Mark, director, Employee Relations, City ofMiami. I did meet with the Commissioners, along with Julie, on this, and I do believe, the way this is worded, would allow us to keep the best of what exists today, which is allowing the employees to participate in the annual Pay for Performance program, which may include a lump -sum bonus as part of the compensation -- Commissioner Spence -Jones: OK. Ms. Mark: -- as all employees in the unclassified, executive, and management/confidential [sic] services -- Commissioner Spence -Jones: OK. Ms. Mark: -- but it also addresses the concern that's been expressed about the exit bonuses -- Commissioner Spence -Jones: OK. Ms. Mark: -- so I think it addresses both of the needs. Commissioner Spence -Jones: OK. I just wanted to get your input -- Ms. Mark: Thank you. Commissioner Spence -Jones: -- because this is what you do everyday. Ms. Mark: OK. Thanks. Chairman Gonzalez: All right. Commissioner Sarnoff Can we have this brought back to the Commission at -- Ms. Bru: We will -- City ofMiami Page 90 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 DI.4 07-00137 Department of Capital Improvement Programs/Transpor tation Commissioner Sarnoff -- the next --? Ms. Bru: -- bring it back for first reading at the next regular Commission meeting. Commissioner Sarnoff Thank you. Commissioner Spence -Jones: OK. Commissioner Sarnoff Can we also, Mr. Manager, start considering a Charter review committee? Pedro G. Hernandez (City Manager): Yes, Commissioner. Commissioner Sarnoff Thank you. Mr. Hernandez: I'll work with all of you -- Commissioner Sarnoff OK Mr. Hernandez: -- in developing that committee. Commissioner Sarnoff I don't know how we did it in the past, but I -- Mr. Hernandez: We'll look back through history -- Commissioner Sarnoff OK Mr. Hernandez: -- and then come back and do what's right. Ms. Bru: Yeah. Commissioner Sarnoff Thank you. Ms. Bru: If you'd like, we can place a discussion item at the next meeting, whereby we would then, you know, discuss and articulate the process, and you know, how the nominations are made, and those kinds of things. Commissioner Sarnoff Thank you. Chairman Gonzalez: All right. Is that the -- is that -- any other comments on DI.3? Any other suggestions or --? All right. DISCUSSION ITEM DISCUSSION RELATING TO THE PROPERTY LOCATED AT 46 WEST FLAGLER STREET, FORMERLY KNOWN AS PAUL WALKER PARK. EVALUATION OF ALTERNATIVES TO INCLUDE THE DEVELOPMENT OF A POCKET PARK AT THE SAME LOCATION, DEVELOPMENT OF A POCKET PARK AT ANOTHER DOWNTOWN LOCATION, SALE OF PROPERTY AND USE OF PROCEEDS TO FUND PURCHASE OF AVAILABLE PARKLANDS WITHIN THE CITY LIMITS. City ofMiami Page 91 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 07-00137 Summary Form.pdf 07-00137 Submittal Letter.pdf 07-00137 Submittal NewYork Arch. Images.pdf 07-00137 Submittal photos.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to direct the Administration not to sell the property formerly known as Paul Walker Park, to begin the planning process for reverting the property back to a park, and to consider various options for funding. Chairman Gonzalez: DI.4 -- Pedro G. Hernandez (City Manager): Thank you, Rosalie. Chairman Gonzalez: -- Paul Walker Park. Mary Conway: Mary Conway, chief of Operations. DI4 deals with a discussion item associated with Paul Walker building, which is on Flagler Street and downtown Miami. We were asked at a prior Commission meeting to put together an assessment of what would be involved with restoring that site to a passive park usage in the downtown. What we also did was took a look at two sites that were nearby; county -owned property. There are photos that accompany this, as well as Robert Clark Park that is a little island area near the courthouse, and what you have before you summarizes the dollars that would be involved with restoring the existing site, dollars that would be involved with taking some green space areas that are in walking distance or nearby proximity and converting those to a passive use with benches, so that people could use the areas to sit down, have lunch, and then the last two sheets that are in the packet are just a summary of all of the issues associated with the Paul Walker site itself from the standpoint of the City's involvement previously, how the site was developed for a private usage restaurant, and then the final page summarizes if the property were to be sold as an item that was brought previously before the Commission had suggested, what the total net proceeds to the City would be, and that's the amount on the last sheet of 936, 000. I can go into this in more detail or -- and just have it for your discussion. Commissioner Sarnoff What I've handed to my fellow Commissioners is a park, better known as "Paley Park." Paley Park is a pocket park in New York City. What you are looking at, the number one award -winning pocket park in the United States. It is dimensionally, almost indistinguishable from Paul Walker Park. It demonstrates that a park of this size not only works, but works so well that it is the number one park in the United States. What I've also distributed to you is -- are color photographs of Jack -- of Paley Park, and you'll see how Paley Park works in New York in terms of its physical layout, and how it's used as a lunch place and gathering place for people, and I must stress to everybody that Paul Walker Park is right outside from the courthouse, and I could not think of a more probably pedestrian friendly or pedestrian -used place than could be properly done over there, so you know that Paley Park in New York also spurned another park in New York called Green Acre Park. Green Acre Park is a park almost indistinguishable from Paul Walker Park in terms of its size, and what is happening is Paley Park is creating these pocket park concepts all throughout New York City. These are good uses and good ideas for parks because we will probably never, in the City ofMiami, have something along the lines of a Central Park, but we can have our series of mini, small pocket parks. I've been told -- and I know our number one concern -- and I do share this concern as well -- is how do we maintain these pocket parks? And you know what the answer to that question is? You just do. You just maintain them. It's your obligation. We have got to have the manpower, the wherewithal to maintain these parks, because if we decide at this juncture, as this Commissioner, as this City, that we can't have nice things in the City ofMiami because of fear of homelessness or some other reason we can't have them, then we're a defeated city, so if we take it as our moral and legal obligation to maintain these public places, then we will, then these things become City ofMiami Page 92 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 important to us. Because I suggest to you that anything that is important to us, we will maintain, whether that takes a dedicated person or whether that could be done in some sort of a park concept, it's important, and from District 2 standpoint, I think we should grab, find, rehabilitate, create parks wherever, whenever, and however we can, and I commend Mary Conway for bringing us two more parks, which now we have to adopt. We have to adopt the two parks that she suggested, and we have to somehow convince the County, through their own budget, through their own wherewithal, to create the third park that she found right there, because it's nice to have art in public places, but it is equally nice to have a useable park, and I would suggest that will contact either Commissioner Barreiro or Carlos Gimenez and ask that a park be created over there with the use of the County's money, but these other -- Paul Walker Park and the one directly across the street from the courthouse, and I don't know that it's been named, but I'll call it-- A/Is. Conway: Robert Clark -- Commissioner Sarnoff -- Robert Clark Park -- Ms. Conway: -- along with the street. Commissioner Sarnoff -- is an excellent idea to have a park there. See, this isn't an either/or concept. This is an "as well" concept. We need to create these parks as well, andl strenuously ask my City Commissioners that we go forward with the creation -- it's not even the creation; it's -- the irony is it's called Paul Walker Park, and yet, there's a restaurant on it. There's a delicatessen there, and that's ironic. That's fruly ironic. Commissioner Spence -Jones: Mary -- Mr. Chairman, I just want to ask -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- we have identified the dollars to do, right? Ms. Conway: No. We would need to identify funding to restore the Paul Walker site to park area. Commissioner Spence -Jones: All right. Ms. Conway: We would need to work to identify funding to do that. Commissioner Spence -Jones: OK, and -- CommissionerRegalado: Well, how 'bout Downtown Development Authority? What's the other name thatJosie Correa has --? Ms. Conway: Downtown Miami -- Commissioner Spence -Jones: DMP (Downtown Miami Partnership). Ms. Conway: -- Partnership. Commissioner Regalado: Downtown Miami Partnership. How 'bout state Legislature agenda? How 'bout the court system? How 'bout selling the name rights of the park? How 'bout Commissioner Barreiro, who is now the chairman of the County Commission and who is the downtown County Commissioner? How 'bout the federal government because the park is right next to the federal building in downtown Miami? You see, the problem is that one gets a little concerned when you or when we are told, well, we have to look for the funding. Mr. Manager, City ofMiami Page 93 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 look for the funding, and he will find it, but then you feel good because you have a new pocket park, but you feel bad because you're taking the money from the general fund, money that can be used for more police, for a pocket park in Flagami or Allapattah, but this is a unique situation, and we need to run away from this "Mr. Manager, look for the funds in the general fund." There are so many options. You see, if you were to do a park, a pocket park, two blocks away from Flagler, three blocks away from Flagler, or a block and a half from Flagler, then you will have issues in terms of funding, but the most pedestrian -used area of downtown Miami is right there, right that corner, because of the people that go in and out of the courthouse and of the federal building. With those two facilities working Monday through Friday, you -- I think that you would have -- and probably, I'm short in the count -- almost 100,000 people coming in and out. You have, at least, at least 50 or 60 court cases running at the same time in the courthouse throughout the day, and you have the passport office, all the federal office in -- next to that building, so this is the most pedestrian -use, and I'm saying this because any company will fight for the naming rights of the park because of the visibility, because of being right in the middle of all pedestrian traffic. We have this thing with the illegal billboards, you know, and we're letting people make a lot of money, in downtown Miami, with the illegal murals and illegal billboards, and this and that, and we have the opportunity of having a huge company or a small company underwrite the cost and the maintenance of this pocket park, so I would, you know -- I mean, I am sure that the chief judge of the court system -- I think it's Farina, right? Commissioner Sarnoff It is Farina. Commissioner Regalado: Judge Farina. If you go to him and say, `Judge, you know, we have this idea. What can the court system do for us?" If you go to Harvey Ruvin, which, by the way, is the environmental guru of the County, I would tell you that Harvey Ruvin will look for a budget to do this park, this green park. The County, the GSA (General Services Administration) of the federal government, I'm telling you, there is no need to worry about the funding, because if we send messengers east and west, we can get the money for that park. It's not a hard thing. We're talking Flagler Street. I don't know anything about real estate. I don't know anything about doing the business in real estate, butt would tell you that I don't know how much are we getting for that property -- I mean, if we are getting the right amount for that property, butt will tell you that it's -- that property is in the most important and historical and visible street in all Miami -Dade County, which is Flagler Street, so I don't think that we should burden the Manager with look for the money. I think we should direct him and Mary to, you know, sound off all these possibilities. That's what I think. I'm talking about the marketing aspect of the -- to get the money for the park, because -- I mean, it is costly, but I still say that we can do it, and just a note to Mary. You made a mistake, because you offer three alternatives, and he thought that you're offering him three parks. Ms. Conway: No. We had a mutual understand, when we met a few days ago, that we'd pursue all of them. Commissioner Regalado: OK Mr. Hernandez: Obviously, Commissioner, ifI may step in. I told the Commissioner that we're not doing this instead of that. I was totally transparent and open, as staff is, and ifI may, I totally agree with the idea of the pocket park. I was one of the few -- of the many in those days, early '80s, that enjoyed the facility that was there originally. I think that we need more green space downtown. Totally support it. On the other hand, I have to also be prudent and fulfill my obligation to say that even though these things are great, to do it right, we need to properly maintain it, operate it, and guard it, and I know that, like for the next -- dealing -- looking at the next item, fiscal impact, proposed property tax, looking at the next budget season, this same body will be looking at ways to cut back on taxes, on revenues, expenditures will go up. It's something -- this is just a reality check. I totally support it, but I also will need your help, at the right time, to be able to find the monies for the right things in the City. City ofMiami Page 94 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Sarnoff And just let me say that the City Manager was very supportive of the idea of all three parks, and he was the person, who I did not mention in the last hearing, as being one of the persons who frequented Paul Walker Park with his wife or -- Mr. Hernandez: I'm old enough to have been there. Commissioner Sarnoff Right. I think it was his first kiss, but he wouldn't admit to it. Commissioner Spence -Jones: So what are we doing, Mr. Chairman? Commissioner Regalado: You move forward. Chairman Gonzalez: I don't know. (UNINTELLIGIBLE) -- Commissioner Sarnoff I'd like to move forward with it. I'd like to move forward with -- Commissioner Regalado: With that park, not with the three. With that park. Mr. Hernandez: Well -- Commissioner Spence -Jones: I'm making a -- for them -- for the staff to look at options -- Mr. Hernandez: Sure. Commissioner Spence -Jones: -- these various options that Commissioner Regalado has brought forth to see if we -- Commissioner Regalado: No. I think -- Commissioner Spence -Jones: -- can gain the partnership -- Commissioner Regalado: -- that what -- Commissioner Spence -Jones: -- or what are we doing? Commissioner Regalado: -- he meant is to have a motion to direct the Administration to start the planning process for demolition of the -- of that park, you know, and consider all these options for funding. The other two parks are, you know, in the future. I mean -- Commissioner Sarnoff Well, I -- yeah, we should -- Ms. Conway: Approach the County. Commissioner Sarnoff -- the other two parks are more County-esque, I think. I think, if we contacted -- Mary, I'd like to work with you, if possible, contacting the County, working maybe at a joint letter or a joint proposal, butt guess you have to find the demolition dollars, first off. Ms. Conway: But we'll take the recommendation of Commissioner Regalado, and we'll start pursuing all possible funding avenues and then -- and see what we can come back and report to the Commission on what -- Commissioner Sarnoff And I would -- Ms. Conway: -- we can do. City ofMiami Page 95 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Sarnoff -- like to work with you on that, if possible? Ms. Conway: Certainly. Commissioner Sarnoff OK Mr. Hernandez: Commissioners, obviously, the direction that we're receiving is that we're not selling the property. We're going to go -- Commissioner Sarnoff Right. Mr. Hernandez: -- to revert it back to a park, and we'll initiate the necessary steps to go in that direction. Commissioner Sarnoff This would be the first time I'd ever wear a hardhat to go out there and actually watch something come down. Mr. Hernandez: And I think on the other side of the coin, the two parcels that we identified, I think that we can bring enough pressure on the County for the County to do the right thing. They have their office of Community Image Advisory Board, et cetera, and those are excellent opportunities. Commissioner Sarnoff I'd like to work with you, the City Manager, and Mary, and I think we can all get that done. I think it'll be a real tangible result for a lot of folks downtown that would really appreciate it. Chairman Gonzalez: All right. Are we ready to take action? Commissioner Regalado: Yeah. I have -- I second the motion. Chairman Gonzalez: The motion to -- Commissioner Regalado: The motion not to sell the park -- I mean, not to sell the property -- Chairman Gonzalez: Not to sell the building. Commissioner Regalado: -- and to start the process of demolition. Chairman Gonzalez: All right. There is a motion. There is -- Commissioner Sarnoff Second. Chairman Gonzalez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. No sale. DI.5 07-00138 DISCUSSION ITEM Office of Strategic DISCUSS FISCAL IMPACT OF PROPOSED PROPERTY TAX LEGISLATION. Planning, Budgeting, and Performance City ofMiami Page 96 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 07-00138 Summary Form.pdf 07-00138 Submittal Letter.pdf DISCUSSED Chairman Gonzalez: Next, DI. 5, financial impact, property tax. Larry Spring: Mr. Chairman, Larry Spring, chief of Strategic Planning, Budgeting & Performance. Commissioner Regalado: Now for the scary news. Mr. Spring: I've passed out to each of you a handwritten report on some of the information that I've been able to gather thus far. At the last Commission meeting, the Commission directed myself and the City Manager to try to come back with a report to analyze the impact of pending - - supporting legislation to amend the Florida Constitution with regards to portability, inheritability, I don't know what -- if you want to call it renovation ability, and also potentially deal with some of the things -- well, that's the directive that this Commission gave. The following week, the -- Governor Crist came out with an announcement that they would be moving forward with a constitutional amendment that would, indeed, implement a doubling of the homestead exemption to $50, 000 and imposing a three percent cap on the annual increase to the assessed value not only -- for businesses and rental properties. In light of that news, we felt that it was important to fry to include some of that analysis in the work that we were doing. With regards to the portability, inheritability, and the renovation, we've started to do a lot of research. I met with Commissioner Sarnoff, who's the sponsoring Commissioner on this item, and we had a discussion about some of the data and details I would need to pull together in order to come up with a number, and I guess as this Commission thought, it was -- it is very difficult. I have not been able to quantify the impact that any of those items would have. What I have been able to do is find some research on other -- on what the Commissioner was suggesting with regards to the portability issue and find some other scenarios with regards to that. I've also tried to research issues regarding caps on commercial properties. I haven't -- I found some things, but they need to be de -- you know, researched a little bit more, and I will come back before the Commission again with -- as the information is developed, but with regards to the portability, I've found a couple of scenarios that seem to be prominent in the state of Florida. I'm going to -- the memo outlines two scenarios. I'm going to deal with the second one first, which is the one that the Commissioner suggested, which is portability, in essence, without a cap, and when you -- when I talk about without a cap, cap meaning you can port the difference. It's called a cap differential. The cap differential would be defined as the difference between your assessed value and the just or market value of your property at the time of sale. In scenario two, basically, we would calculate what that -- the cap differential is, and the property owner would be able to take that cap differential and apply it as an exemption to the new property they would buy, so in the example that I have in the report assume that the property owner owns a home as -- has a homestead exemption on a property that has an assessed value of $250, 000 value and has a just or market value of $750, 000. That person has a cap differential equal to a half a million dollars. They purchase a home that is a value of $950, 000. For the purpose of portability, they would be allowed to take a tax exemption equal to the half a million dollars against the new property that is valued at 950,000 -- or would, in essence, be put on the books at $950, 000, which means they would have a tax base of -- an assessed value tax value of $450, 000, which our City, County, School Board taxes would be applied against, so the person would, in essence, get the savings of that half a million dollars assessed value. In a situation under scenario two, where -- Commissioner Regalado: Not the School Board. No. Mr. Spring: Well -- Commissioner Sarnoff This is under my plan. City ofMiami Page 97 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Mr. Spring: -- that's -- well, I'm speaking to the Commissioner's portability. Commissioner Regalado: Yeah, but -- Mr. Spring: I know the governor has a different -- I was going to discuss that one. Commissioner Regalado: I think the governor has more -- Mr. Spring: It's more severe. Commissioner Regalado: -- pull than -- Mr. Spring: Much more severe. Commissioner Regalado: -- our friend here. Mr. Spring: With regards to a situation where that same property owner bought a property of lesser value, they would simply maintain the tax base of the original house, which is the $250, 000 value, so they would not pay taxes -- they would now have an assessed value on a lower property greater than what their original house was. In my scenario one, which is a scenario that I've seen a couple of cities or county property tax appraisers supporting, when I do research about different counties around the state, they're supporting a portability that would have a $400, 000 maximum cap. In the same scenario, where the original existing house had a $250, 000 assessed value, and $750, 000 market value, that cap differential of a half a million, that property owner, when they bought a more expensive house, would only be able to port with them $400, 000, so in that same scenario of them buying a house that was $950, 000, their assessed value would be 550 as opposed to the 450. With regards to purchasing a property that is lower than their assessed value, in those cases it set a cap of being able to port no more than 50 percent of the new -- the market value of the new property. What results is, in every case, when you purchase a house that is lower than the one that you had, you would end up paying taxes that are somewhat incrementally lower than what you were paying at the time, before you sold your home. In the scenario that I have in the paper, the taxpayer would actually save, I think it was -- they would save $25, 000 of assessed value from their original $250, 000 home to their new assessed value of $225, 000. When I look at it, yes, portability does benefit the taxpayer at the end of the day. When I'm running through scenarios in my mind and I say, OK, well, what are the variables? I would need to know what's -- how many people have moved in and out of the city? What will be the scope of our portability? Is it City only? Is it the County? Is it statewide, like the governor's suggesting? I would probably recommend, without having any further financial data, that we not do it statewide because you have people coming in from north Florida, central Florida, and other rural areas that are less expensive moving in here, and it will have a detrimental impact on our tax base as a whole. Probably, you know, I would recommend not going any further than the countywide -- a countywide portability. With regards to the inheritability, we talked about some of the parameters there, and that would be an actual deceased person passing on their home to a family member. I think state statute now would prevent that family member from having -- assuming someone else's tax exemption status if they have their own, so it would have to be willed to a family member that did not have a tax exemption, although the governor's suggestion would end up in a situation where they would probably be capped under the rental provisions, because that would be considered a rental property of that owner, which, I guess, anybody who has additional properties can claim that it's rental property, even though it may be a second or a third home, so again, portability, I want to do some more research; come back to Commission with additional information as I get it. With regard to specifically the governor's initiatives, the doubling of the homestead exemption. Currently, the City has approximately $1.1 billion in homestead exemptions, not the senior exemptions; just the pure homestead exemptions. If we double that figure, we're increasing it to about $2.2 billion, which would have a $9.3 million instant reduction to our property tax City ofMiami Page 98 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 revenue, and that's based on our current millage rate of 8.3745. With regards to the three percent cap on the assessed value growth, we did a comparison to -- on our Five -Year Plan that's in the budget book, which I've delivered a copy to each of the Commissioners' offices. I have a little chart in the memo. We also assume that, based on the date that the referendum would come to the voters, the implementation would not impact us until the 2009 fiscal year because the assessed values for the '08 fiscal year have already been set, and they were set as of January 1 of this year. We're looking at, in our Five -Year Plan, our current Five -Year Plan, our tax revenue -- our property tax revenue is estimated to be $332 million in 2009. Under this cap provision, and it also includes the impact of the doubling of the homestead exemption, we would have an estimated tax revenue of $282 million, which is a loss of $50 million. Next year, 2010, we'd have -- we're estimating a $366 million revenue under the new provisions. It would be estimated at 288 million; a $78 million loss in tax revenue; 2011 we expect to have, under our current parameters, $395 million in tax revenue; under the new provisions, we'd estimate $298 million, which would be a loss of 97 million, and in our final year of the Five -Year Plan we're estimating at $427 million in tax revenue. Under the new provisions -- under the governor's provision, I should say, we would have an estimated $309 million, which would result in a 117 -- $118 million loss in property tax revenue. Now it's kind of a, I would say, double-edged sword, in a sense, because that is a savings that could be passed on to the taxpayers who are experiencing extraordinary increases in their assessed values, and consequently, their taxes, but we have to consider also the other side of that coin, which is the expenses. Just right now we talked about investing additional money in parks and services, and things of that nature. Well, when I apply this same reduction in tax revenue to our Five -Year Plan, by 2010 we expect we would have completely liquidated our $100 million in reserves, and by 2012 we would be looking at an operating deficit, you know -- and, again, this is based on our current operating size and efficiencies, and things of that nature -- we'd be looking at $190 million operating deficit by 2012. Are there ways to get around this? Yes, there are. What I've seen and what I've read, because there've been a -- there's a lot of studies out there; one in particular, the state of Massachusetts. They did a revenue cap back in 1980, and they talk about transferring the decision -making on whether the assessed value for a particular municipality, transfer that responsibility to the voters. In essence, they vote -- there's a voter referendum on their budget every year to decide whether they will go beyond the cap or not. Now we know in our -- how we put together our voting structure, that would be very cumbersome in the City ofMiami, to say the least, but it's something that other cities have considered. Commissioner Regalado: But we cannot do it because that's a County issue. Mr. Spring: Voting is. Well, we -- yeah, voting is a County issue. Commissioner Regalado: We could -- the only thing we could do is a straw ballot -- Mr. Spring: Now, again -- Commissioner Regalado: -- but the city [sic] of Connecticut, which is an entity -- Mr. Spring: Yeah. Commissioner Regalado: -- outside of the County -- Mr. Spring: Right. Commissioner Regalado: -- has done that, and the people vote for the budget, their budget -- Mr. Spring: They vote for the budget. Commissioner Regalado: -- and the assessment. They vote -- City ofMiami Page 99 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Mr. Spring: For both things. Commissioner Regalado: -- both, and that's Hartford -- Mr. Spring: Correct. Commissioner Regalado: -- Connecticut. You know, the doomsday scenario is something that we do not have any control, at all. There are 14 million residents in the state of Florida, 11 million voters. It's expected that the statewide referendum will bring 35 to 40 percent of the voters of the state of Florida. The amendment has to pass by 60 percent to become an amendment, and the polls already said 75 percent will vote yes. Mr. Spring: Would you like my -- Commissioner Regalado: I'm just saying -- Mr. Spring: -- resignation -- Commissioner Regalado: -- this -- Mr. Spring: -- now or later? Commissioner Regalado: -- for -- I mean, for just to say that it's nothing we can do about it, but I do have an idea. I'm coming back to this idea. It's not a crazy idea. We need to work with the state Legislature and understand if we are going to have -- which is almost 90 percent, 90 percent for sure, that we have a special election in November in Miami -Dade County to try again for the slots [sic] machines that is allowed by the state Legislature. The forces behind those places are already moving to have this election. In Miami -Dade County there are three sites; two -- well, maybe one and a half -- are in the City ofMiami, the Flagler -- Mr. Spring: Dog Track. Commissioner Regalado: -- Dog Track and Miami Jai Alai. Those two sites will be the sites for the casino, Las Vegas casino -style slots [sic] machine. I will work with the state Consti -- the state Legislature, and that could be, Mr. Manager, one of the things that you should consider, to get at least a five-year waiver from the state Legislature, if we have this election, and if the voters of Dade County approve this, to use half of the tax generated by those facilities in the budget for Fire and Police of the City ofMiami. That is something that the state Legislature, I'm sure, that would go for it, since we don't have any hand in the education in Miami -Dade County, and all these taxes are supposed to go to special programs in education. If we do get a waiver for -- from the state Legislature, I will tell you that you're talking about maybe 10 to $15 million a year in income for the City ofMiami, because the one -- just one in Broward, in the first 90 days, generated $3 million in taxes for the state of Florida, so we're talking of at least 20 to $30 million in the state taxes of those two facilities. One of the facilities is in Commissioner -- in Chairman Gonzalez district. There is the debate whether the building and the parking lot belongs to the City or the County, but it is in the City ofMiami, and the other one is in District 4, the Flagler Dog Track. Mr. Spring: The Dog Track. Commissioner Regalado: The other one is up north, so the two major facilities that could become the money -making machine for the County are located in the City ofMiami. I'm just saying because, you know -- I mean, we're discussing this and this doomday [sic] scenario, but we don't have the possibility of driving the train on this, you know. City ofMiami Page 100 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Mr. Spring: Well, I -- if you would me, Mr. Chair, I would like to say this, andl think the Manager does support me in this. We need to start educating our citizens and our voters about the value that they're getting from their taxes. I know there's -- you know, we do have complaints, and yes, sometimes we miss a garbage pick-up, or sometimes we're a little delayed in getting to this accident, but we're there. We do have one of the best solid waste departments in the -- probably the state and -- but this Commission -- because we're frying to push the tax bill down, we've said we're only going to assess this for that service. When we start to get the taxpayers to understand the value associated with those services, I think we begin to have a debate, even with the -- at the state level about, you know, how does a citizen look at this? I think the other thing I've seen as a scenario, and it may be defrimental to the lesser, the underprivileged, and that is, this does shift the burden to the property owner to decide how do I want to pay for my service, so you will have a situation where, in some cases, a citizen should, you know, have the right to say, well, you know, I want some extra security, so the homeowners association, we're going to assess ourselves, and we're going to pay for a roving security guard for our neighborhood, which is perfectly fine; it's your right as an American, but probably some of our lesser -serves [sic] communities probably may not be able to do that in some cases. I'm not saying all, and that's not the end-all, be-all, but these are things that need to be considered, not necessarily by, you know -- again, this has nothing to do with the portability and stuff. I think those changes can work in our scenario, but these implements [sic] caps, revenue caps, you know, they -- to me, they're -- they can be defrimental not only to us, but all the other smaller municipalities around the state of Florida. They're going to be -- you know, they rely heavily on those tax revenues, and then you see the School Board, they're saying we're going to exempt them from -- Commissioner Sarnoff Well -- Mr. Spring: -- some of this stuff. Commissioner Sarnoff -- and Larry, let me just say. The one thing I brought up -- I didn't bring up -- Mr. Spring: No. Commissioner Sarnoff I just want to make sure that it's clear. I'm not the one that's proposing to double the -- Mr. Spring: No. Commissioner Sarnoff -- homestead exemption. Mr. Spring: Right. Commissioner Sarnoff Everything I proposed I believe has a -- probably no outcome or no real distinction or no detriment to the City, because ifyou keep -- ifyou do your portability county -to -county, meaning a Dade County resident can only move to a Dade County resident [sic] -- Mr. Spring: Right. Commissioner Sarnoff -- a Broward County resident can only move to a Broward County resident [sic], and what that does is keep a Duval County resident ftom porting his tax bill down to Dade County. Mr. Spring: Right. City ofMiami Page 101 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Sarnoff I really believe, in my heart, that I've not affected anybody's pocketbook. Inheritability, I believe I've helped the very poor because they're not forced to then sell their home, and on fixability, whatl think it's done is allowed people to remain in their home and not be reassessed -- Mr. Spring: Right. Commissioner Sarnoff -- so I don't want to be -- I want to make sure that it's clear on this record, I'm not the one suggesting -- Mr. Spring: Absolutely. Commissioner Sarnoff -- any sort of homestead exemption increase, and I've been very careful - Mr. Spring: Right. Commissioner Sarnoff -- to allow what believe is out there, which is a tremendous log swell of support and need for people to be able to move from a smaller or a larger home to another home, and people are remaining in their homes -- I'm not saying they're prisoners because, you know, no one's home is a prison, but they're stuck in their homes because the first thing they're looking for is not how much is the new home going to cost me, but what is my new tax bill -- Mr. Spring: With everything else, yeah. Commissioner Sarnoff -- so I think the real estate industry would applaud this. I'm not here to help them, and I'll make one other suggestion to you, other than maybe a gambling or Flagler Dog Park [sic] type ordnance. If you really wanted to make up some money, when is the time in your life that you least concern or care about paying taxes? And that time is probably the day you sell your house; when you're looking at your closing statement, and you're looking at a $35 charge for somebody to hand -deliver a document to you. It's amazing what you pay for in your closing statement. I know there are cities in Colorado -- I happen to know of them -- where they actually tax the sale of a home, and I don't know what that tax would be, but when you're selling a million dollar home and all of a sudden you have a thousand or two thousand dollar tax, that's the time you want to pay that. It's not really hurting so much, and you can make up a great amount of your revenue. If we were to create or think about or implement maybe a tax at the time of sale, if we really think we're going to be hurt -- maybe the governor is going to pass his law. Maybe his law does pass, because you're right, a taxpayer is going to vote himself taxpayer relief -- Mr. Spring: Yeah. Commissioner Sarnoff -- and I'm not advocating or being against gambling, but maybe the best time to tax somebody is when they're selling their home. It's the time you least care. It's -- so much money is transferring hands that it doesn't really harm you so much, so I just bring that to the forbearer of the conversation. Chairman Gonzalez: All right. Any further discussion? Commissioner Spence -Jones: Thank you so much for the report, Larry. I'm assuming -- there's going to be a second -- I'm sorry; eating. Mr. Spring: Second, third, fourth, fifth. We will -- City ofMiami Page 102 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: There's going to be -- Mr. Spring: -- continue talking about this. Commissioner Spence -Jones: -- an additional briefing? Mr. Spring: Yes. Commissioner Spence -Jones: OK, and -- Mr. Hernandez: Obviously, Mr. Chairman, as the Legislature starts, I think, March 4, we'll be looking at all the portability options that are there now, and to see how we can best influence, amend those to what's best for the City ofMiami, obviously. Commissioner Sarnoff We just -- Mr. Manager, we just need to do this and get a decision with enough lead time before the -- because I think, in some respects, the train is leaving the barn as they speak now -- Mr. Hernandez: Well, obviously -- Commissioner Sarnoff -- or the frain is leaving the station. Mr. Hernandez: I think that this is an item that we can also discuss on the 14th -- Commissioner Sarnoff 14th, right. Mr. Hernandez: -- together with the other concerns, and you know, for further clarification, the items that you put forth are not the ones that are really costing, you know, Larry's hair to go white or the negative numbers. Those items, you know, portability, it may be significant; it may be neutral. Commissioner Sarnoff Right. Mr. Hernandez: Ideally, if we keep it at the County level -- Commissioner Sarnoff County level. Mr. Hernandez: -- it's the revenue caps that are the concern at this point. Mr. Spring: Thank you. Chairman Gonzalez: All right. That concludes the regular agenda. DI.6 07-00125 DISCUSSION ITEM Office of the City DISCUSSION REGARDING A RESOLUTION OF THE MIAMI CITY Attorney COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR OUTSIDE COUNSEL, TO PAY LEGAL FEES AND COSTS INCURRED, PURSUANT TO THE CITY COMMISSION DIRECTIVE OF JANUARY 11, 2007, FOR THE EVALUATION OF THE CASE FILE AND ATTORNEY'S FEES OF RONALD J. COHEN, IN HIS REPRESENTATION OF POLICE OFFICER JORGE LINARES, IN THE CASE OF SARDUY V. JORGE LINARES. 07-00125 Cover Email.pdf City ofMiami Page 103 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 DEFERRED Chairman Gonzalez: I have a question, Mr. City Attorney. DI.6, attorney fees, Jorge Linares. Is that ready for today, or is that --? Jorge L. Fernandez (City Attorney): No, it isn't. We have been in conversations with Mr. Ron Cohen, and after a lengthy process of trying to find, as the Commission instructed me, a second opinion, I think that we have achieved a much better situation. Judge Scott is meeting with Mr. Cohen. They are discussing the discrepancies in the process, and Mr. Cohen is unable to be here today, so he has asked that we put this item on the next available agenda so that, hopefully, at that time Judge Scott and Mr. Cohen and myself would have a meeting of the mind [sic], that we can then bring to you for your consideration and decision. Chairman Gonzalez: So we will defer this item? Mr. Fernandez: Yes. City ofMiami Page 104 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 NON -AGENDA ITEMS NA.1 07-00203 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Theodore N. Carter Roy Hardemon Erica K. McKinney Gail P. Birks Khianti Floyd (youth non -voting member) David S. Chiverton NOMINATED BY: Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones City Manager Pedro G. Hernandez Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0088 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Theodore N. Carter, Roy Hardemon, Erica K. McKinney, and Gail P. Birks as voting members, and Khianti Floyd as the non -voting youth member, of the Liberty City Community Revitalization Trust; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four fifths (4/5ths) vote of the members of the full City Commission as it pertains to Roy Hardemon as a member of the Liberty City Community Revitalization Trust. Note for the Record: David S. Chiverton was announced as the City Manager's appointment to the Liberty City Community Revitalization Trust. Commissioner Spence -Jones: Mr. Chairman, I just want to make sure that you did get or all the Commissioners have gotten my appointments for the Liberty City Trust. You know we've been trying to get that done for a minute, but we do have, my understanding, all of the board members, and I -- that was already turned in to Madam Clerk, so how do you want me to handle that? You want me to just nominate those members? Madam Clerk, can you --? Pamela E. Burns (Assistant City Clerk): I can state those nominations for the record. Four individuals are selected by the District 5 Commissioner. Those nominees are Theodore Carter, Erika McKinney, Gail Birks, and Roy Hardemon, with a four fifths waiver, as he's a current County employee. City ofMiami Page 105 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: Right. Ms. Burns: In addition, my understanding is the City Manager had an appointment and that his appointment would be David Chiverton? Commissioner Spence -Jones: Yes. Ms. Burns: And we have one youth appointment, and that's Khianti Floyd. Commissioner Spence -Jones: Yes. Chairman Gonzalez: All right. Is that a motion? Commissioner Spence -Jones: Oh. So moved. Chairman Gonzalez: Is there a second? Commissioner Sarnoff I'm sorry, second. Chairman Gonzalez: There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. NA.2 07-00213 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Elena Carpenter Commission -at -Large Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0089 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to appoint Elena Carpenter as a member of the Bayfront Park Management Trust; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Elena Carpenter as a member of the Bayfront Park Management Trust. Commissioner Sarnoff Mr. Chairman? Chairman Gonzalez: Yes, sir. City ofMiami Page 106 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 NA.3 07-00194 Commissioner Sarnoff With regard to the Bayfront Park Management Trust, I needed to change an appointment. Can I do that now, Madam Clerk? Pamela E. Burns (Assistant City Clerk): This is the time to do that, yes, sir. Commissioner Sarnoff I'd like to reappoint Elena Carpenter. Ms. Burns: Let -- Commissioner Spence -Jones: So moved. Ms. Burns: Elena Carpenter would replace Doug Reno -- Commissioner Sarnoff Correct. Ms. Burns: -- who was appointed last time, who did not serve. If you reappoint Ms. Carpenter, she would require a four fifths waiver of attendance. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: You got the four fifth. DISCUSSION ITEM DISCUSSION REGARDING THE SALARY AND BENEFITS OF AUDITOR GENERAL VICTOR IGWE. DISCUSSED Direction by Commissioner Spence -Jones to the City Manager to have the Audit Advisory Committee provide a recommendation to the City Commission regarding the salary and benefits ofAuditor General Victor Igwe at the City Commission meeting currently scheduled for March 8, 2007. Commissioner Spence -Jones: And with that being said, on closing -- I'm sorry, Mr. Chairman. I just wanted to make sure I added those issues -- the -- I know that we passed the Clerk's issue with her salary, and we passed your issue with your salary, but we're still somewhat on hold on whether or not this issue's going to take place with the auditor. I don't know. Is there any updates on whether or not something is happening with this? I know we did it back in September, and it's been six or seven months now since they've gotten a response. I do -- does anybody know what's going on with it? Commissioner Regalado: I will tell you that the committee that was assigned to do the evaluation is stalling the contract, and that's the word that I wanted to use, is "stalling" the contract, because one day they claim that they don't have -- Commissioner Sarnoff Quorum. Commissioner Regalado: -- quorum; another day they have claimed that they don't -- that the chairperson of the committee had to go somewhere, have lunch; another day they say that they don't have time, and they will be stalling that forever and ever, unless we say, you know, we need to have your recommendation by February, the last meeting of February. Either if we don't have it, we will act without your recommendation. That's all that there is to it. City ofMiami Page 107 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Sarnoff Is that a motion? Because I'd second that. Larry Spring (Chief Strategic Planning, Budgeting & Performance): Well -- Commissioner Spence -Jones: Well, I want to -- I'd like to hear from Larry on -- if you don't mind, Commissioner Sarnoff? Mr. Spring: Mr. Chair, Larry Spring, chief of Strategic Planning, Budgeting & Performance. I won't use the words "stall," butl will concur -- Commissioner Regalado: But did. Mr. Spring: Well, I know you did. Commissioner Regalado: But did. Mr. Spring: -- with the reasons why the committee has yet to finalize that decision. Commissioner Spence -Jones: OK. Mr. Spring: Meetings have been scheduled; quorum was not there in those times, so the meetings have had to be rescheduled, and I know of at least two occasions, myself where that happened -- Commissioner Spence -Jones: Yeah. Mr. Spring: -- so -- Commissioner Spence -Jones: So is it --? Mr. Spring: -- we can try to get with the Chairman and see where they are. Commissioner Spence -Jones: When do they normally meet; does anybody know? Commissioner Sarnoff Thursdays. Commissioner Spence -Jones: Mr. Manager, do we know when they meet? Mr. Spring: I think they've been convening especially for this -- Commissioner Sarnoff It's at (UNINTELLIGIBLE). Mr. Spring: -- to consider this -- Commissioner Spence -Jones: Oh, I see. Commissioner Regalado: Huh? Commissioner Sarnoff They meet when they want. Commissioner Spence -Jones: Is there any way -- Mr. Spring: -- so -- City ofMiami Page 108 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Spence -Jones: -- in the last Commission meeting that we can, at least, address this, Mr. Chairman? We need to just make a decision -- Commissioner Sarnoff Just put a deadline on it. Commissioner Spence -Jones: -- one way or the other, if we're happy with the -- Commissioner Regalado: But you see -- Commissioner Spence -Jones: -- auditor or not, because at -- Commissioner Regalado: -- the -- Commissioner Spence -Jones: -- this point, it's just -- it's dragging. Commissioner Sarnoff Just put a deadline on it, as Commissioner Regalado suggested. They -- you'll -- any time you put a deadline on something, you'll see people, the day before, will do something. Commissioner Spence -Jones: OK, so are we saying by the next Commission meeting? Mr. Chairman, are you comfortable with that? Chairman Gonzalez: I don't (UNINTELLIGIBLE) -- Commissioner Sarnoff Well, I think he said -- Commissioner Spence -Jones: -- at least -- so that we, at least -- Commissioner Sarnoff -- the end of February, but -- Commissioner Regalado: I -- Mr. Spring: February 22. Commissioner Regalado: I'm sorry. I -- Pedro G. Hernandez (City Manager): Mr. Chairman. Commissioner Regalado: -- would say, you know, if they're not able to have the quorum or to do the things that they need to do, then we should take back the responsibility. That's all that I'm saying. If they're not able -- and I said the word "stalling" because my information and the media -- you see, the worst thing about this is that members of the media are interested in this issue, and they do go there, and whenever they see media, somehow they figure out a way not to discuss Mr. Igwe's contract or merits or demerits or whatever they want to discuss -- Commissioner Spence -Jones: Yes. Commissioner Regalado: -- so it's a little bizarre, you know, and I think that either they want to do it, if they want to do it, or we take back the responsibility, and that's it. That's -- Commissioner Spence -Jones: I would just like to make the suggestion -- I don't know if you have a comment, Mr. Igwe -- that we, at least, take Commissioner Regalado's recommendation. By the next Commission meeting, we give them the opportunity to, at least, meet prior to our Commission meeting, to at least -- because I do want to respect -- again, we're talking about boards that we empower people to sit on; we have to, at least, respect whatever they're going to City ofMiami Page 109 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 bring back to us, so -- but it has been since September, so I'd like to say, if there's any way possible, to have them meet prior to our next -- our last City Commission meeting in February with their recommendation, or whatever it is -- if they have to call a special meeting for, but we should not have -- we should be able to make a decision, one way or the other. Commissioner Regalado: Yeah, but -- Commissioner Spence -Jones: That's all I -- that's my only point. Commissioner Regalado: -- that -- but, you know, the respect that we should have for the boards doesn't have to do anything with this. I think we all, all of the members of this Commission, really respects the boards and really -- myself and you, and all the -- you know, we try to appoint people that really serve and people that really care and people that use their time, but when there is a board that goes out of their agenda and becomes railroaded in their focus that was directed by the Commission, then we should take back the responsibility, and I like to be clear when I speak. It is my understanding that the chairman of this board went to see you and told you that it's better that you leave the City? Victor Igwe (Auditor General): There has been some issues -- Commissioner Spence -Jones: Your name on the record. Mr. Igwe: Name, Victor Igwe, the auditor general. -- about the committee as it relates to my evaluation. The direction -- Chairman Gonzalez: Let me -- Mr. Igwe: -- that was given -- Chairman Gonzalez: -- clarify the record. The chairman of which board? Commissioner Regalado: Of the audit -- what is it, the audit -- Mr. Igwe: Audit Advisory Committee meeting. Chairman Gonzalez: OK. Commissioner Regalado: The Audit Committee. Chairman Gonzalez: Let the record be clear and reflect -- Commissioner Sarnoff Yeah, not you. Chairman Gonzalez: -- that we're talking about -- Commissioner Regalado: Yeah, it's not you. Chairman Gonzalez: -- another chairman because -- Commissioner Regalado: I would have said -- Chairman Gonzalez: I know. Commissioner Regalado: -- "our Chairman." City ofMiami Page 110 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: I know. Commissioner Regalado: I said the chairman of that board. Chairman Gonzalez: Let me tell you, ifI would've had said it, I would've had said it, and I -- Commissioner Regalado: No. Chairman Gonzalez: -- you know -- you know how I am. Whenever -- Commissioner Regalado: Hey -- Chairman Gonzalez: -- I say something, I stay with it -- Commissioner Regalado: -- you -- Chairman Gonzalez: -- you know. So far -- you know what? I wasn't afraid of Castro; I'm not going to be afraid of anyone here -- Commissioner Regalado: No, no. Chairman Gonzalez: -- in this city -- Commissioner Regalado: Listen -- Chairman Gonzalez: -- so -- and the reason I'm telling you that is because I see Mike Vasquez sitting in there, and him and I have talked in two or three different occasions about this issue, and I have been accused, and I have been accused on this process of being a part ofAllapattah Business Development, being on their board, getting salaries. You know, there have been a lot of maneuvering against me, and a lot -- and I very hidden, dark, prejudice, dirty maneuvering against my person on this -- not that I care. I don't care. To be honest with you, I don't care, OK, and I'm not afraid -- like I say, I'm not afraid of anybody, anybody. I wasn't afraid of Castro. You know, there they could put you on a stand and shoot you. Here, I haven't heard of anybody being shot, you know, on a firing squad, so you know -- and if that be the case, well, that's it. You know, we have to -- we're born one day, and we're going to die one day, so if my day is tomorrow, it's tomorrow, and that's it; it's over, you know -- Commissioner Regalado: No. I was -- Chairman Gonzalez: -- but I wanted to clear the record on that. Commissioner Regalado: -- very clear on the chairperson of that board, that it's -- that has on the agenda your evaluation. My question -- because I wasn't there -- is did the chairperson of that board -- did the chairman of that Audit Committee ever told you, personally, that you should leave the City? Mr. Igwe: Commissioner, as it relates to that conversation, that -- we had that conversation during a luncheon -- when he took me to a lunch, and I believe he was conveying information that must have been given to him by the per -- somebody else in the City, telling him that it may be to my best interest to leave; that I could possibly even earn much more money outside. Commissioner Regalado: So that, in itself is a conflict of interest, and that board cannot make your evaluation. Makes sense. Mr. Chairman -- Igwe: All I ask for is just to be treated like anyone else, and I want to be evaluated, you City ofMiami Page 111 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 know, based on my merits, and I think the issues being talked about here is not about the specific things that I've done for the City, andl think it's all --I understand, you know, the type of work that do is extremely very difficult. You know, we bring bad news to the people who are actually involved in those activities, so when you're involved in that type of work, you don't really get, you know, appreciated, but all ask is for -- to be evaluated and compensated as the City Attorney, the City Clerk, and anybody else, and even the directors in the City. I -- you know, I want to be - - you know, my raise to be, you know, voted up or down. I don't want this to go on endlessly because I don't think it's fair. Commissioner Spence -Jones: And I just want to acknowledge, too, I take responsibility because I have not put anybody on this board as of yet, the Audit Committee, so even -- probably one of the reasons why they're probably not meeting quorum is because I haven't, at least, appointed anybody to that board. That might be part of the issue, but the point that wanted to make, more so than anything else, is that if we can, at least -- whether or not we're happy with you or not happy with you -- he should, at least, be able to know, and I think we need to make a decision and move on, so if -- Mr. Chairman, is there any way that we can just put this on the agenda for the last meeting to make a decision? Chairman Gonzalez: Mr. Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, I know it's an urgent matter, but it's something that has been, I think, talked about since September of last year. I would suggest that this be handled in the first March meeting -- Chairman Gonzalez: That's what was -- Mr. Hernandez: -- the regular Commission meeting, not a Planning & Zoning agenda. Chairman Gonzalez: That's exactly what want to -- what was going to do. Commissioner Spence -Jones: Well, I support that. Commissioner Sarnoff Why don't we just have it heard on -- by the first March meeting? If they'd like to pipe in and give them recommendation, so be it. If they didn't get to having a forum, so be it, but let this Commission decide. Mr. Hernandez: Fine -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- and -- Commissioner Regalado: No, no, no, no, no. Commissioner Sarnoff No. Commissioner Regalado: No, no, no, no, no. Chairman Gonzalez: All right. Commissioner Regalado: That committee has, through the chairman, disqualified itself. Commissioner Spence -Jones: Well, I'm going to say this, Commissioner Regalado. I don't -- again, this is a conversa -- and I want to be fair -- conversation that was had between two individuals. It would be nice to hear the other side of the story. City ofMiami Page 112 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: Of course. Commissioner Spence -Jones: OK, so I'm saying let's resolve it. Let's do it in the first meeting in March; we move on from that point, butl think it's a little unfair to make a decision based upon one person's comment, not to say that don't support you having the right to, at least, be addressed and us -- for us to move on, but I just -- I'm learning, sitting in this seat, how, you know -- you know, how one thing can be said one way and one thing -- you know, and we're back and forth all day long, so I would like to, at least, let you be able to rest knowing that, at least, the first meeting in March, you will have a decision, one way or the other, you know, whether or not the Commission decides they're going to keep you on board or not. I just don't want you lingering anymore. Mr. Igwe: Appreciate that. Commissioner Spence -Jones: No problem. Commissioner Regalado: And to ask this (UNINTELLIGIBLE) -- Chairman Gonzalez: All right. Judith Sandoval: Mr. Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Sandoval: Can I speak? Chairman Gonzalez: Is this a public item? Commissioner Spence -Jones: No. It actually wasn't a public item. It was something I brought on top of the CityAttorney's item. Chairman Gonzalez: This came out of the discussion between the Commissioner and the City Attorney presentation, so -- Ms. Sandoval: (INAUDIBLE). Pamela E. Burns (Assistant City Clerk): Excuse me, excuse me. If you speak, it has to be -- Chairman Gonzalez: Yeah. Ms. Burns: -- on the microphone. Ms. Sandoval: Yes. May I? Chairman Gonzalez: Yeah, go ahead, go ahead. Say whatever you have to say and -- Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I have attended one of these committee meetings where there was a quorum, and a discussion took place, and Mr. Igwe was present, and I have -- I am a businesswoman. I have many years of experience working with government and all over the world. I worked with presidents of countries and state governors directly doing projects, so I have a lot of experience evaluating people in these situations, and I would like to say that, although I had not known Mr. Igwe before, I found his comments and testimony and the way he conducted himself to be very professional and very impressive. He was very factual. He was very calm and polite. On the other hand, I found that the chairman of this City ofMiami Page 113 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 committee treated him with almost derision. He interrupted him. He was impatient, and after the meeting, when everyone had left, Ms. West and I were in the hall, and we spoke to the chairman, and he ran down, Mr. Igwe, to us, and criticized his approach with people and the City that he was consulting with and were informing him, and I thought this was very inappropriate because we gave him no opening to do this, and he didn't know us. Chairman Gonzalez: All right. Mr. Sandoval: He had never seen us before, so I just wanted to make that comment to you. Chairman Gonzalez: Thank you. Ms. Sandoval: Thank you. Commissioner Spence -Jones: Thank you, Judy. Chairman Gonzalez: Thank you for your comment. NA.4 07-00195 DISCUSSION ITEM DISCUSSION REGARDING THE SCHEDULING OF A SPECIAL COMMISSION MEETING ON FEBRUARY 14, 2007, TO PRECEDE THE PREVIOUSLY SCHEDULED SPECIAL PLANNING & ZONING MEETING. DISCUSSED Direction by the City Commission to the City Clerk to re -advertise the Special Commission meeting scheduled for February 14, 2007 to include, as an additional discussion item, the City's legislative agenda. Commissioner Regalado: Just a comment. I think it's important that we approve this and we give the Manager the latitude to chose [sic] the expertise of all these firms. I think we have many issues, but we don't have a legislative agenda. The problem here is that, apparently, we don't have a person that works with the legislation in the City ofMiami, and usually, several years ago, during the month of September, October, we were asked to send the legislation priorities of each Commissioner, but this did not happen, and I don't know if we can get in the agenda of the session because, as you all know, they work in committees, and all the committees are almost done, and the session starts on March 3, so I don't have any idea of what we going to do, and my only concern -- I have one concern, and some of the firms that I see here are really, really good because they have all the expertise in the world to work with the Legislature, and hopefully, we will be able to use them to get some benefits from the City. My only concern, I have one issue that really troubles me, and it's on what side of the fence, officially, the City of Miami is going to be when the property taxes are discussed in the state legislature? Because the other day we had a discussion about the League of Cities agenda, and one line that says we want property taxes neutral. Then we had another discussion of Commissioner Sarnoff proposal to request that we support what the governor is trying to do, and what is going to happen is that what the governor is supporting, there might be a special statewide election in the summer to raise the homestead exemption, the portability issue, and some other issues regarding property taxes. In fact, next Tuesday, at Miami -Dade Community [sic] College, we have the speaker of the house and some state representative that are going to hear the residents ofMiami-Dade County regarding this, so I just want to understand on what side of the issue, officially, the City is going to be because the worst case scenario is that we use the people ofMiami money to lobby against decreasing taxes to the people ofMiami. That's all I want to understand. Commissioner Spence -Jones: Thank you, Commissioner, so I just want to -- You are going to brief us, though, right? City ofMiami Page 114 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Pedro G. Hernandez (City Manager): Yes, I will, but I think that, maybe to address the specific point, I know that the Commission directed the Manager to set up a workshop, and we have that scheduled tentatively for the 16th, which is a week from tomorrow, to basically define the City's position on those issues, property tax, portability, inheritability, renovability [sic] is the other word, and I think that, yes -- Commissioner Regalado: Nobility. Mr. Hernandez: Mobility. Commissioner Regalado: Nobility with the residents. Mr. Hernandez: We need to, in essence, come together and discuss those specific issues that are so significant. It's not that we will be able to, let's say, introduce new bills, but we need the direction in order to either know which one to support, how to maybe propose amendments, modifications -- Commissioner Regalado: Yeah, and that was my point. Mr. Hernandez: -- et cetera. Commissioner Regalado: I mean, there's nothing we can do about bills at -- Mr. Hernandez: No. Commissioner Regalado: -- this time. It's just the support of the City, but my problem is that the League of Cities is coming out against the proposals to decrease taxes. Mr. Hernandez: And I think, Commissioner, that's what we need to do at the workshop. Commissioner Spence -Jones: Workshop. Mr. Hernandez: Unfortunately, you know, Commissioner Sanchez, who I think introduced that request, is not available, so the meeting is scheduled for the 16th, and hopefully, we can have that workshop and, even on the 22nd, which I know is a Planning & Zoning agenda, we can get direction then. You can actually vote, if we have an action item, that will provide the direction to the City as to how to proceed, and -- Commissioner Regalado: But why don't we have the workshop in the Sunshine on the 14, on the special meeting for PZ (Planning & Zoning), and we'll do it in the morning, if the Chairman allows us, and we'll do it -- I mean, it's not going to take so much time, and then you can get a direction because we can vote. Commissioner Spence -Jones: Yeah, that's true. Mr. Hernandez: I'm fine. I know that that day all of you are available to be here for the Planning & Zoning. If the Chair so desires, we can set up maybe, I don't know, an hour at the beginning of the day, if it's agreeable, and we can have it as a workshop. You're here and you decide to -- Commissioner Regalado: And we can vote -- Mr. Hernandez: -- take action. Commissioner Spence -Jones: Yeah. City ofMiami Page 115 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: -- and we can -- Commissioner Spence -Jones: I think it's a -- Commissioner Regalado: -- vote. Commissioner Spence -Jones: -- good suggestion. Pamela E. Burns (Assistant City Clerk): Excuse me. For the record, that agenda was advertised for P&Z items only. Chairman Gonzalez: Only. Ms. Burns: No other discussion could take place. Jorge L. Fernandez (City Attorney): Well, during that agenda -- Commissioner Regalado: Whoa, whoa, whoa, whoa, whoa, whoa. Mr. Fernandez: -- but you -- Commissioner Regalado: We have 48 hours. Commissioner Spence -Jones: Yeah. Commissioner Regalado: We have 48 hours to advertise a special Commission meeting -- Mr. Fernandez: Correct. Commissioner Regalado: -- so advertise. Mr. Hernandez: This is a -- Commissioner Spence -Jones: Madam Clerk -- Mr. Hernandez: -- if it's a workshop, the advertisement requirements are quite different, right? Commissioner Regalado: Yeah, but if we're going to vote -- Mr. Fernandez: Well, if -- I suggest that whenever this Commission meets, whether to have a workshop or to have any kind of a special meeting or regular meeting or emergency meeting, that it be properly advertised, and if it's advertised using all the resources of the Clerk's Office, then at whichever gathering you have, whatever you want to call it, you may vote. Commissioner Regalado: That's why -- that's what I'm saying; 48 hours, that's all we need. The Chairman -- Commissioner Spence -Jones: Madam Clerk, are you com --? I mean -- Commissioner Regalado: -- can call for a special meeting within the PZ meeting. That's all that there is to it. Commissioner Spence -Jones: Madam Clerk, I mean, I just want -- City ofMiami Page 116 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Ms. Burns: I'm going to -- Commissioner Spence -Jones: She's shaking her -- Ms. Burns: -- defer to Law on this. Mr. Fernandez: The meeting -- the specially called meeting to continue dealing with P&Z items has been called for a time certain. What is that time certain? Ms. Burns: Beginning at 9 a.m. Mr. Fernandez: OK, and so then, from 9, until you conclude, that is P&Z items you can only deal with. You may meet at 7, 8 o'clock in the morning, or you may meet at the conclusion of the P&Z agenda. Commissioner Sarnoff Well, I'd like to pipe in. I don't like that 7 o'clock in -- Commissioner Spence -Jones: I know. Commissioner Sarnoff -- the morning thing. Mr. Hernandez: I suggest -- Commissioner Sarnoff My math skills are very bad -- Chairman Gonzalez: I -- Commissioner Sarnoff -- at that time. Chairman Gonzalez: -- was thinking -- Mr. Hernandez: -- that we do it at the end of the -- Chairman Gonzalez: -- about -- Mr. Hernandez: -- agenda. Chairman Gonzalez: -- 5 a.m. in the morning. Commissioner Spence -Jones: No. Chairman Gonzalez: You know, it'll be -- Mr. Fernandez: Or, alternatively, you can re -advertise your specially called hearing and add this item -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- and there is still time from here to the 14th -- Commissioner Sarnoff Why don't we do that? Commissioner Regalado: That's what I'm -- Mr. Fernandez: -- because -- City ofMiami Page 117 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Commissioner Regalado: -- saying. Mr. Fernandez: -- the only thing that would be changing -- Commissioner Regalado: Look -- Mr. Fernandez: -- would be the adding of this item. Commissioner Regalado: -- that's what I'm saying. Ms. Burns: Typically -- Commissioner Regalado: Advertise and we can vote. It saves the Manager time. It save the Commission -- and we expedite the process in Tallahassee. That's all that there is to it. Because if we have a workshop, we cannot vote, and then we have to wait for the next Commission meeting on the 24th [sic], or whatever, and then, you know, to send the directions to the lobbying team, it will be the end of February because -- and then it will be like three days before the session. Commissioner Spence -Jones: OK, so Mr. City Attorney, you're saying we can do it, so Madam Clerk, you -- I guess you're getting direction from the -- from us to -- Ms. Burns: That's correct. We'll place the ad. Commissioner Spence -Jones: Mr. Chairman, can we --? I moved that item. Chairman Gonzalez: What time do you want to have the discussion, at 5 o'clock in the morning or -- Mr. Hernandez: Mr. Chairman, no. If -- Chairman Gonzalez: -- 6? Mr. Hernandez: -- the -- Chairman Gonzalez: Who's going to be paying for breakfast? Mr. Hernandez: -- if you and the Commission desire, we can then add the item to what's already been advertised, and then you could take it at 9 o'clock in the morning, when the meeting starts. Chairman Gonzalez: All right. Mr. Fernandez: Correct. Chairman Gonzalez: Very good. NA.5 07-00180 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE REQUEST OF MR. IVAN E. HERNANDEZ-DIAZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR CORPORATION, FOR A WAIVER OF THE TWO EVENTS PER YEAR, PER SITE, LIMITATION ON TEMPORARY EVENTS FOR THE FLAGLER DOG TRACK PROPERTY LOCATED AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO ALLOW THE CUBAN MUNICIPALITIES FAIR, SCHEDULED TO TAKE City ofMiami Page 118 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 PLACE FROM MARCH 29, 2007 THROUGH APRIL 1, 2007, TO OCCUR ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0072 Chairman Gonzalez: Are there any pocket items? Commissioner Sarnoff Yes. Commissioner Regalado: I have a pocket item, Mr. Chairman. Chairman Gonzalez: Go ahead, Commissioner Regalado. Commissioner Regalado: This is a yearly resolution that sometimes you bring, sometimes I bring. It's about the Cuban Municipalities Fair Corporation for a waiver of the two events per year, per site limitation on the events for the Flagler Dog Track property, located at 450 Northwest 37th Avenue, in District 4, to allow the Cuban Municipalities Fair. This is not a waiver of fees. This is a waiver of the Administration restriction in the events on that. We do this every year. They pay to the City -- this is a neutral resolution regarding the Cuban Municipality [sic] Fair. So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. NA.6 07-00196 DISCUSSION ITEM DISCUSSION REGARDING A GLOBAL WARMING DOCUMENTARY PRESENTED TO THE CITY COMMISSION, THE MAYOR, THE CITY MANAGER, AND THE CITY ATTORNEY BY COMMISSIONER SARNOFF. 07-00196 Submittal Letter.pdf DISCUSSED Chairman Gonzalez: Next pocket item. Commissioner Spence -Jones: Do you have one, Commissioner? Commissioner Sarnoff Very briefly. Commissioner Spence -Jones: OK. Commissioner Sarnoff I wanted to give -- andl think I've given to my Commissioner members; City ofMiami Page 119 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 I'm going to give to the Mayor, to the City Manager, to Commissioner Joe Sanchez, who's not here, and I'll make sure that the City Attorney gets it. What I say to you is please accept this, a copy ofAn Inconvenient Truth for your consideration. This is a documentary about climate change, particularly global warming. The film discusses the politics and economics of global warming, and it describes the consequences believed by some that global climate will change and be produced in the amount of human -generated greenhouse gases. The reason I bring this to all of our attention, somebody said to me, "This is so above your pay grade; why would you even bother discussing this?" And while I -- it may be above my pay grade, I've always heard the expression "Think globally and act locally." You know, we have got to start promoting green buildings. We have got to start promoting, at our level, whether it's through a carrot or a stick, the ability to build buildings that use less electric and use less water, and I ask and I implore you all to start watching this movie, share it with at least five people, pass it along; don't hold it in your closet, so to speak, and let everybody get a look at this, because if there's any truth to this, it's not going to happen at the federal level. It's going to happen at the local level, certainly for the next two years, so I really implore upon all of you -- what we're going to do in District 2 is we're going to make another set available to all community -based organizations so they can distribute it and get it out to the general public as best they can. I'd ask you, on behalf of your districts, to do the same. Just move it around. Just let the conversation occur, because we have Miami 21 facing us, we have other issues regarding how we're going to transport ourselves. Let's think in terms of greenhouse gases, how we can reduce them and how we can make this a better place, not only from our level, but from an entire world level. Thank you. Chairman Gonzalez: All right. NA.7 07-00197 DISCUSSION ITEM DISCUSSION REGARDING USE OF BAYFRONT PARK STAGE FOR BAY VISTA COALITION CULTURAL FESTIVAL. DISCUSSED Direction by Commissioner Spence -Jones to the City Manager to place a cap of $1, 500 for City services, from the District 5 special events account, on the use of the Bayfront Park stage during the Bay Vista Coalition Cultural Festival. Commissioner Spence -Jones: Yes. Mr. Chairman, I just have one item, and it is for the Bay Vista Coalition Cultural Festival for African American History Month, and I just want to be able to direct the City Manager for the stage from Bayfront. I believe the stage is available, but out of my special events account, capping it at one -- excuse me, $1, 500 for the City services, out of my personal budget, and that's my only item. Chairman Gonzalez: All right. That doesn't require a City Commission -- Commissioner Spence -Jones: No. I'm just -- Chairman Gonzalez: -- action. Commissioner Spence -Jones: -- making sure that I -- Chairman Gonzalez: That's a directive -- Commissioner Spence -Jones: -- put it on the record, though -- Pedro G. Hernandez (City Manager): Sure. Commissioner Spence -Jones: -- for the -- City ofMiami Page 120 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: -- for the Manager. NA.8 07-00198 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD, IN THE AMOUNT OF $393,666, FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE NORTHEAST 71 STREET STORM SEWER PROJECT, PROJECT NO. B-50690, WITH THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $131,222, ALLOCATED FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. B-50690-NORTHEAST 71 STREET STORM SEWER PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEDERALLY FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0074 Chairman Gonzalez: All right. Mr. Manager, you have a pocket item? Pedro G. Hernandez (City Manager): Yes, we do. Jorge L. Fernandez (City Attorney): Yes. It's a resolution accepting a grant award, in the amount of $393, 666, from the state of Florida, Division of Emergency Management, for the Northeast 71 st Sfreet Storm [sic] Water Project, and then that requires matching funds from the City in the amount of $131, 222 -- $2, 000 coming from the Capital Improvement Program project, appropriate number for Northeast 71 st Sfreet Storm Sewer Project. This is of a timely nature, and we have reviewed the acceptance, as well as the match, and it meets all the legal requirements. Chairman Gonzalez: Chief. Chief William Bryson (Fire -Rescue): William Bryson, Fire Chief. That's exactly as the City Attorney just said; it's a timeliness issue. We have to have it in within 90 days, as of last December 20, so that's why it's a pocket item. Chairman Gonzalez: Do I hear a motion on that pocket item? Commissioner Sarnoff So move. Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion -- Commissioner Sarnoff Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 121 Printed on 2/27/2007 City Commission Meeting Minutes February 8, 2007 Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 122 Printed on 2/27/2007