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HomeMy WebLinkAboutCC 2007-03-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, March 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 March 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 PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 8th day ofMarch 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 9:22 a.m., recessed at 1: 01 p.m., reconvened at 3:11 p.m., and adjourned at 5: 07 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the March 8, 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff and me, Angel Gonzalez, Chairman. Also on the dais are Pedro Hernandez, the City Manager, Jorge Fernandez, City Attorney, and Priscilla Thompson -- welcome back -- City Clerk. The meeting will be opened with a prayer by Chairman -- Vice Chairman Sanchez and a pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00313 CEREMONIAL ITEM Honoree Presenter Protocol Item Arbor Day Organizing Committee Vice Chair Sanchez Certificates of Appreciation Other Acknowledgments Recognition of an Award for Excellence in Financial Reporting presented to the City of Miami Finance Department by the Government Finance Officers Association of the United States and Canada. 07-00313 Cover Page.pdf 07-00313 Protocol List.pdf PRESENTED 1. Commissioner Sanchez presented Certificates ofAppreciation to participants of the City of Miami's Arbor Day free planting event hosted by the Arbor Day Organizing Committee. 2. Mayor Diaz recognized the City ofMiami's Finance Department for receiving the Certificate ofAchievement for Excellence in Financial Reporting, presented to the City ofMiami by the Government Finance Officers Association of the United States and Canada because the City's comprehensive annual financial reports achieved the highest standards in government accounting and financial reporting. City ofMiami Page 3 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 MAYORAL VETOES Chairman Gonzalez: We will now make the presentations and proclamations. Vice Chairman Sanchez, you have some certificates. Vice Chairman Sanchez: Thank you, Mr. Chairman. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: We now need to move to the -- well, I need to announce that we don't have any vetoes from the Mayor's Office. Is that correct, Madam City Clerk? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: All right. Let the record reflect that. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We need to approve the minutes of the regular meeting of February 8, 2007. Do I have a motion on that? Vice Chairman Sanchez: So move, Mr. Chair. 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: We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney, you're recognized. Jorge L. Fernandez (City Attorney): 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 also online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. 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 permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, City ofMiami Page 4 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 CA.1 07-00230 Department of Parks and Recreation applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings" portion of the agenda and on items where public input is solicited by the Commission. 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 deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Mr. Chairman, Madam Clerk, the following items need particular attention. Consent item number 16 should be removed from the consent to the regular agenda, so 16 should not be considered -- consent item 16 should not be considered part of the consent agenda when you vote on it. We need to discuss that one separately. Also, PH.7 is going to be substituted, very minor changes from the original that you got in your packet, and when that item is infroduced to you, you will be given the new copy, and the Clerk will have the original. PH.7, minor issues being changed, therefore, a substitute item, and then, also, FR.1 has been withdrawn altogether from the agenda. That item is not yet ready for City Commission consideration. Again, I repeat, consent item 16, removed from consent to the regular agenda; PH.7, you will have a substitute item to consider with very minor changes; and FR.1, withdrawn altogether. We're still working feverishly to make sure that PH.2 is able to come to you today. That is that plat that we -- as you all know, we have been working on that, but as of a few minutes ago, I cannot tell you that it is ready for you to vote on. You will also, at the time when you consider RE.4, additional considerations would be infroduced at that time, and that concludes my report, Mr. Vice Chairman -- Chairman. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING SIMONHOFF PARK LOCATED AT 1850 NORTHWEST 54TH STREET, MIAMI, FLORIDA, TO SIMONHOFF FLORAL PARK; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID PARK. 07-00230 Legislation .pdf 07-00230 Summary Form.pdf 07-00230 Certificate.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.2 07-00231 Liberty City Community Revitalization Trust R-07-0111 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PRESIDENT/CEO OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO PAY RODRIGUEZ, PORRAS & PETERSON, THE FINAL PAYMENT AMOUNT OF $24,900, FOR ARCHITECTURAL SERVICES; ALLOCATING FUNDS FROM PROJECT NO. 93-110149. 07-00231 Legislation .pdf 07-00231 Summary Form.pdf City ofMiami Page 5 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0112 CA.3 07-00232 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Technology ANNUAL RENEWAL OPTIONS SET FORTH IN THE ANNUAL LICENSE, SUPPORT, AND UPGRADE AGREEMENT BETWEEN THE CITY OF MIAMI AND CYPRESS CORPORATION, PURSUANT TO RESOLUTION NO. 02-75, ADOPTED JANUARY 24, 2002, FOR RELICENSING, MAINTENANCE, UPGRADE SERVICES AND PRODUCT SUPPORT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00232 Legislation .pdf 07-00232 Exhibit .pdf 07-00232 Exhibit 2 .pdf 07-00232 Exhibit 3 .pdf 07-00232 Exhibit 4 .pdf 07-00232 Exhibit 5 .pdf 07-00232 Summary Form.pdf 07-00232 Pre -Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0113 CA.4 07-00233 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED JANUARY 16, 2007, PURSUANT TO INVITATION FOR BIDS NO. 11007, FROM A+ MINI STORAGE, FOR THE PROVISION OF SELF STORAGE FACILITIES, ON AN AS -NEEDED BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00233 Legislation .pdf 07-00233 Summary Form.pdf 07-00233 Solicitation Form .pdf 07-00233 Price Sheet.pdf 07-00233 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 6 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 R-07-0114 CA.5 07-00234 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT Administration (S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF URBAN FORESTRY, IN AN AMOUNT NOT TO EXCEED $25,000, FOR THE DEPARTMENT OF PARKS AND RECREATION, TO CREATE A MINI -HAMMOCK AT KENNEDY PARK; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $25,000, FROM IN -KIND VOLUNTEER SERVICES AND SALARIES FROM THE DEPARTMENT OF PARKS AND RECREATION'S GENERAL FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2007-2008, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 07-00234 Legislation.pdf 07-00234 Exhibit .pdf 07-00234 Exhibit 2 .pdf 07-00234 Exhibit 3 .pdf 07-00234 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0115 CA.6 07-00235 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF PARK AND PLAYGROUND EQUIPMENT FROM VARIOUS VENDORS, PURSUANT TO CITY OF JACKSONVILLE BID NO. SC-0511-06 PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT, EFFECTIVE JUNE 1, 2006 THROUGH MAY 31, 2007, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS ISSUED BY THE CITY OF JACKSONVILLE, TO BE UTILIZED ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 7 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 07-00235 Legislation .pdf 07-00235 Exhibit .pdf 07-00235 Summary Form.pdf 07-00235 Bid Specifications.pdf 07-00235 Table of Contents.pdf 07-00235 Opportunity Program.pdf 07-00235 Schedule of Subcontractor. pdf 07-00235 Bid Form.pdf 07-00235 General Conditions.pdf 07-00235 Supplemental Conditions.pdf 07-00235 Conflict of Interest Certificate.pdf 07-00235 Insurance and Indemnification.pdf 07-00235 Terms and Conditions.pdf 07-00235 Request for Quotation.pdf 07-00235 Proposal Form.pdf 07-00235 Warranty Form.pdf 07-00235 Disqualified Vendors List .pdf 07-00235 Department of Procurement .pdf 07-00235 Adoption and Implementation.pdf 07-00235 Bid Form 2 .pdf 07-00235 Awards Committee.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0116 CA.7 07-00244 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY OVERTOWN VENTURES, INC., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $155,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF OVERTOWN VENTURES, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 94-13825 CA 02, AND IN THE CASE OF CITY OF MIAMI VS. OVERTOWN VENTURES, INC., IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 06-00771 CA 06, UPON THE EXECUTION BY OVERTOWN VENTURES, INC., OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE IN BOTH LAWSUITS, AND A SURRENDER OF THE LEASED PREMISES LOCATED AT 1490 NORTHWEST 3RD AVE., MIAMI, FL 33136 AND TERMINATION OF THE LEASE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.549000.0000.00000. 07-00244 Legislation.pdf 07-00244 Cover Memo.pdf 07-00244 Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 8 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 R-07-0127 Chairman Gonzalez: CA. 7, Commissioner Sanchez -- Vice Chairman Sanchez: Thank you. Chairman Gonzalez: -- Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. Is Larry here? Unidentified Speaker: Yes. Vice Chairman Sanchez: Could we get him? And while he gets here, I'm OK with the settlement. I'm glad to see that finally we're putting this to rest and we can move forward with the progress of Overtown, but Larry, as it always pertain to funding, I am a stickler to that, and I want to know exactly where the funds are coming from, and then I also want you to elaborate on what's an Overtown contingency fund. Larry Spring (Chief Financial Officer City Manager's Office): Well, I'll let Lori answer the second question. With regards to the first question -- and I'm sorry. Larry Spring, chief financial officer. The City -- recently, the Commission approved a settlement for Nextel. The City had reserved additional funds for that settlement. The settlement came in at a good percentage less, so we're using the balance of that reserve to pay this settlement off. I realize in the legislation the account number is the contingency reserve account number, but we will be putting the funds from that savings from the previous settlement into that account, so we're not using reserves, if you will. Vice Chairman Sanchez: OK. Mr. Spring: OK. Vice Chairman Sanchez: All right, and what's an Overtown contingency fund? Laura Billberry (Director, Public Facilities): I'm not sure where you're reading that, sir. Vice Chairman Sanchez: Well, Larry keeps bringing up, when I talk to him, an Overtown contingency fund. What is that? Ms. Billberry: The funds, as he mentioned, are coming from the leftover from the Nextel settlement. Vice Chairman Sanchez: OK, so there is no Overtown contingency fund? Mr. Spring: No, no. Vice Chairman Sanchez: OK. All right, just wanted to clarify it. All right. I move the item. Chair Spence -Jones: I just want to -- thank you -- add real fast. I want to thank Lori and her team for doing a outstanding job. As you know, this is a shopping plaza that has laid dormant in my district for a very long time, and it's really time for something to happen. I think it can be the heartbeat of the change of what's going to happen in that portion of Overtown regarding providing new commercial development, so I want to thank you and your team, Lori, because you worked very hard, and I truly appreciate your support in getting it done. Ms. Billberry: Thank you. City ofMiami Page 9 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: All right. We have a motion, and do I have a second? Commissioner Regalado: Second. Chair Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. CA.8 07-00253 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SCOTT ROBERTS MCNARY AND BETTY MARIE MCNARY, FOR THE USE OF 3,900 SQUARE FEET OF OFFICE SPACE AND RELATED PARKING AREAS LOCATED AT 1150 SOUTHWEST 22 STREET, MIAMI-DADE COUNTY, FLORIDA; SAID LEASE TO BE FOR AN INITIAL TERM OF TWO (2) YEARS WITH A MONTHLY RENT OF $7,800 ($93,600 ANNUALLY), FOR THE FIRST YEAR, WITH FIVE (5) ADDITIONAL ONE-YEAR OPTIONS TO RENEW, SUBJECT TO BUDGETARY FEASIBILITY, WITH RENT INCREASES OCCURRING ANNUALLY BEGINNING IN THE SECOND YEAR TO BE INCREASED AT THE LOWER OF THE CONSUMER PRICE INDEX INCREASE OR THREE PERCENT (3%); ALLOCATING FUNDS FROM FEMA/USAR 2006 ACCOUNT NO. 18-180003.1292; WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE NON -SUBSTANTIVE AMENDMENTS TO SUCH LEASE AS NEEDED. 07-00253 Legislation.pdf 07-00253 Exhibit.pdf 07-00253 Exhibit 2 .pdf 07-00253 Exhibit 3 .pdf 07-00253 Exhibit 4 .pdf 07-00253 Exhibit 5 .pdf 07-00253 Exhibit 6 .pdf 07-00253 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0117 CA.9 07-00254 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR FISCAL YEAR 2007-2008, IN SUBSTANTIALLY THE ATTACHED FORM, City ofMiami Page 10 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 IN AN AMOUNT NOT TO EXCEED $37,625, FOR THE INSTALLATION OF A NON -MOTORIZED BOAT LAUNCH AT SEWELL PARK PHASE II, PROJECT NO. B-30386, ENTITLED "SEWELL PARK-BOAT/KAYAK LAUNCH AREA ("PROJECT")"; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $37,625, FROM HOMELAND DEFENSE BONDS, SERIES 2, CITY-WIDE WATERFRONT IMPROVEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, FOR SUBMISSION OF SAID GRANT. 07-00254 Legislation .pdf 07-00254 Exhibit .pdf 07-00254 Exhibit 2 .pdf 07-00254 Exhibit 3 .pdf 07-00254 Exhibit 4 .pdf 07-00254 Exhibit 5 .pdf 07-00254 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0118 CA.10 07-00255 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR FISCAL YEAR 2007-2008, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $390,000, FOR THE DINNER KEY MARINA DREDGING PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, FOR FIFTY-ONE (51%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $410,000, FROM CAPITAL IMPROVEMENT PROJECT B-30247, ENTITLED "DINNER KEY DREDGING;" AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, FOR SUBMISSION OF SAID GRANT APPLICATION. 07-00255 Legislation .pdf 07-00255 Exhibit.pdf 07-00255 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0119 CA.11 07-00256 RESOLUTION Homeless Programs A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2006 OUTREACH TO HOMELESS DETAINEES" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME, IN AN AMOUNT NOT TO EXCEED $85,796, CONSISTING OF A City ofMiami Page 11 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 GRANT AWARD FROM THE STATE OF FLORIDA GRANT-IN-AID PROGRAM, FOR A ONE-YEAR PERIOD, FOR OUTREACH, ASSESSMENT, TRANSPORTATION AND PLACEMENT SERVICES TO HOMELESS DETAINEES BEING RELEASED FROM THE MIAMI-DADE COUNTY JAIL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-00256 Legislation .pdf 07-00256 Summary Form.pdf 07-00256 Memo.pdf 07-00256 Letter.pdf 07-00256 Routing Form.pdf 07-00256 Memo 2 .pdf 07-00256 Agreement .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0120 CA.12 07-00257 RESOLUTION Homeless Programs A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2006-2007 SUPPORTIVE SERVICES GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $251,071, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A ONE YEAR-PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-00257 Legislation .pdf 07-00257 Summary Form.pdf 07-00257 Letter.pdf 07-00257 Agreement .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0121 CA.13 07-00258 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), FOR THE PURPOSE OF GRANTING ACCESS TO CERTAIN CITY -OWNED PROPERTY ON VIRGINIA KEY, IN ORDER FOR THE COUNTY TO CONDUCT THE RESTORATION AND ENHANCEMENT OF FIFTY (50) ACRES OF DISTURBED WETLANDS AND A NETWORK OF FLUSHING CANALS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID City ofMiami Page 12 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 AGREEMENT. 07-00258 Legislation .pdf 07-00258 Exhibit .pdf 07-00258 Exhibit 2 .pdf 07-00258 Exhibit 3 .pdf 07-00258 Exhibit 4 .pdf 07-00258 Exhibit 5 .pdf 07-00258 Exhibit 6 .pdf 07-00258 Exhibit 7 .pdf 07-00258 Exhibit 8 .pdf 07-00258 Exhibit 9 .pdf 07-00258 Exhibit 10 .pdf 07-00258 Exhibit 11 .pdf 07-00258 Exhibit 12 .pdf 07-00258 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0122 CA.14 07-00270 RESOLUTION Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2007-2008 EXTENSION (THE "2007-2008 EXTENSION") TO THE PROFESSIONAL SERVICES AGREEMENT (THE "ORIGINAL AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BROWN AND BROWN, INC., TO PROVIDE INSURANCE BROKERAGE SERVICES FOR A ONE-YEAR PERIOD EFFECTIVE THROUGH FEBRUARY 28, 2008, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 02-03-032, SUBJECT TO THE TERMS, CONDITIONS AND PRICING OF THE ORIGINAL AGREEMENT, IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000, FROM ACCOUNT CODE NO. 05002.301001.545000, FOR THE CURRENT FISCAL YEAR WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 07-00270 Legislation .pdf 07-00270 Exhibit .pdf 07-00270 Summary Form.pdf 07-00270 Notice of Contract Extension.pdf 07-00270 Professional Services Agreement.pdf 07-00270 Pre -Attachment .pdf 07-00270 Pre -Attachment 2 .pdf 07-00270 Master Report.pdf 07-00270 Pre -Legislation .pdf 07-00270 Professional Services Agreement 2 .pdf 07-00270 Pre -Legislation 2 .pdf 07-00270 Insurance Brokerage Services .pdf 07-00270 Appendix Coverages .pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 13 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0123 CA.15 07-00282 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AMANDA VALIDO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $30,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF AMANDA VALIDO, ET AL., VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 05-07416 CA (08), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00282 Legislation .pdf 07-00282 Cover Memo.pdf 07-00282 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0124 CA.16 07-00283 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF SETTLEMENT FUNDS, IN THE AMOUNT OF $112,000, FROM THE CASE OF RIC-MAN INTERNATIONAL, INC., VS. THE CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-13051 CA (13); AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-00283 Legislation .pdf 07-00283 Cover Memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff with Chairman Gonzalez and Commissioner Spence -Jones absent, to direct the City Attorney to seek all remedies necessary regarding the Ric Man International, Inc. settlement. Vice Chairman Sanchez: I hope that everyone had a good lunch. Welcome back this afternoon, as we take the second half of the Commission meeting up. We do have some items that we could possibly get out of the way and try to clear up some of the agenda. Would any of the Commissioners have any objections to taking up CA.16? That is the settlement ofRicMan International, Inc., or do you want to wait for a full Commission on that one? City ofMiami Page 14 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: Excuse me. What number is? Commissioner Sarnoff CA.16. Vice Chairman Sanchez: CA.16, which was pulled out of the consent agenda and put on the regular agenda. Commissioner Sarnoff Who asked for that to be pulled? Commissioner Regalado: The City -- Vice Chairman Sanchez: The Administration did -- the Legal Department did. Julie O. Bru (Deputy City Attorney): The City -- we did, Commissioner. Commissioner Sarnoff Well, let's hear. Commissioner Regalado: Yeah, because my briefing said that the City believes that they owe more money. Vice Chairman Sanchez: Yeah. In other words -- Commissioner Sarnoff Right, right. Vice Chairman Sanchez: -- the action is to proceed; for us to go after them, and they need to -- Commissioner Regalado: Oh, OK. Vice Chairman Sanchez: -- continue litigation. Commissioner Regalado: OK. The City Attorney -- OK. I'll move to authorize the City Attorney to use every and all remedy to get more money. Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. Ms. Bru: Actually, Commissioner, what it was is -- Priscilla A. Thompson (City Clerk): Your mike's not on. Ms. Bru: OK. -- the plaintiffs made an offer of judgment, so we're presenting it to you because, legally, we're required to present it to the client. Commissioner Regalado: So first -- Ms. Bru: We're recommending against it. Commissioner Regalado: -- we have to reject the offer? Ms. Bru: Yes. Vice Chairman Sanchez: All right, so -- City ofMiami Page 15 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: OK. I move to reject the offer. Commissioner Sarnoff Second. Vice Chairman Sanchez: Motion to reject the settlement by Commissioner Regalado, second by Commissioner Sarnoff. Discussion on the item. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and now we need a motion. Commissioner Regalado: Motion to authorize the City Attorney to -- Vice Chairman Sanchez: To proceed. Commissioner Regalado: -- use all remedies regarding the Ric case -- the Ric Man -- Jorge L. Fernandez (City Attorney): Ric -Man. Commissioner Regalado: -- suit. Commissioner Sarnoff Second. Vice Chairman Sanchez: OK. There's a motion by Commissioner Regalado, second by Commissioner Sarnoff. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the item is passed. CA.17 07-00292 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING CONFLICT Attorney RESOLUTION PROCEDURES, PROVIDED BY CHAPTER 164, FLORIDA STATUTES, IN ORDER TO RESOLVE A CLAIM AGAINST MIAMI-DADE COUNTY ARISING FROM A MOTOR VEHICLE ACCIDENT WHICH OCCURRED JULY 4, 2005, BETWEEN TWO SOLID WASTE TRUCKS OWNED, RESPECTIVELY, BY THE CITY OF MIAMI AND MIAMI-DADE COUNTY; AUTHORIZING THE CITY ATTORNEY TO TAKE ALL FURTHER ACTIONS REQUIRED BY SAID CONFLICT RESOLUTION PROCEDURES PRIOR TO COMMENCING COURT PROCEEDINGS AGAINST MIAMI-DADE COUNTY. 07-00292 Legislation .pdf 07-00292 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0125 City ofMiami Page 16 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 CA.18 07-00297 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE-YEAR OPTION TO EXTEND THE CONTRACT WITH THE UNIVERSITY OF MIAMI CENTER FOR RESEARCH IN MEDICAL EDUCATION, PURSUANT TO RESOLUTION NO. 05-0679, ADOPTED NOVEMBER 17, 2005, FOR THE DEPARTMENT OF FIRE -RESCUE, TO CONTINUE WITHOUT INTERRUPTION OF THE DELIVERY OF THE EMERGENCY RESPONSE TO TERRORISM TRAINING FOR THE MIAMI URBAN AREA'S FIRST RESPONDERS, INCLUDING EQUIPMENT, COURSE DELIVERY, OUTCOMES ASSESSMENT AND QUALITY IMPROVEMENT, IN AN AMOUNT NOT TO EXCEED $350,000; ALLOCATING FUNDS FROM THE UASI GRANT PROJECT ACCOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE THE SECOND ONE-YEAR OPTION TO EXTEND SAID CONTRACT, WITH FUNDS ALLOCATED FROM SAID GRANT PROJECT ACCOUNT, SUBJECT TO BUDGETARY APPROVAL. 07-00297 Legislation .pdf 07-00297 Exhibit.pdf 07-00297 Summary Form.pdf 07-00297 Pre -Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0126 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: All right. Now we're going to move to the consent agenda. Any items that need to be pulled from the consent? Are we ready to move the consent agenda? Vice Chairman Sanchez: Mr. Chairman, I have one item just for the purpose of clarifying, and that's item CA.7. I -- just for the purpose of discussion. Chairman Gonzalez: All right. Any other items? All right. Let's move to approve the balance of the consent agenda. Commissioner Sarnoff I'll make -- Chairman Gonzalez: Is there a motion? Commissioner Sarnoff -- the motion. Vice Chairman Sanchez: Second. City ofMiami Page 17 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Anyone from the public that wants to speak on the consent agenda? Seeing none, hearing none, motion carries. City ofMiami Page 18 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 07-00293 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 32ND AVENUE FROM SOUTHWEST 8th STREET TO SOUTHWEST 9TH STREET, MIAMI, FLORIDA, AS "ESTRELLA RUBIO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00293 Legislation .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0139 Chairman Gonzalez: Vice Chairman, will you move D1.1 and D1.2? Commissioner Regalado: Second. Vice Chairman Sanchez: So moved for the record. 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. D1.2 07-00294 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 32ND AVENUE FROM FLAGLER STREET TO SOUTHWEST 5TH STREET, MIAMI, FLORIDA, AS "REVERENDO ROLANDO ESPINOSA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00294 Legislation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 19 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 R-07-0140 Chairman Gonzalez: D1.2. Commissioner Regalado: Second. Vice Chairman Sanchez: So moved. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00299 DISCUSSION ITEM DISCUSSION CONCERNING FIRE FEE, TO INCLUDE: REMOVAL OF FIRE FEE, STATUS OF FIRE FEE LITIGATION; STATUS OF SETTLEMENT; LITIGATION COSTS TO CITY. MOTION Direction by Vice Chairman Sanchez to the City Attorney to schedule an executive session to brief the Commissioners on the fire fee settlement. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to schedule an executive session regarding the fire fee settlement on March 22, 2007. Chairman Gonzalez: All right. D2.1. I'm going to take -- I have two items, but I'm going to take them the last ones on the blue pages, so I'm going to start with D2.1. Commissioner Sarnoff That's me, right? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff OK. The -- this is an item concerning the fire fee status. What I wanted to speak to the CityMana -- the City Attorney, excuse me, is regarding this -- the court's order of disgorgement, I guess, is the proper legal term, and to the rest of us, that would just simply mean the folks that owe us money, and what I want to find out is what the status is with regard to the seven plaintiffs who were incorrectly provided the $3.5 million? Where do we stand in terms of collecting that money? Where is the bank account? Is it in an interest -bearing account for the benefit of the taxpayers, and who has not paid back yet, and what is the status of collection? Jorge L. Fernandez (City Attorney): We -- Mr. Chairman, Commissioners, we are aggressively pursuing the refund of all the monies that were distributed amongst eight individuals -- let me make sure, one, two, three, four, five, six, seven, eight. We have, to date, collected $1.6 million. We are still trying to collect $1.8 million. As recent as yesterday, and the day before yesterday, we had depositions in aid of execution. We have a judgment that is enforceable. My understanding is that some of the individuals that do owe the money are not -- have not been served. I would not want to characterize their actions as evading service of process. They just may be legitimately out of town for the time being, but needless to say, we are aggressively pursuing the whereabouts -- City ofMiami Page 20 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Sarnoff Who are those individuals? Mr. Fernandez: Those individuals are Mr. and Mrs. Prosper and Merker -- Mr. Merker, I gather, is his name. Those -- the individuals that have not paid. Commissioner Sarnoff And respectfully, they owe 378, 000, and one owes $380, 000, approximately? Mr. Fernandez: Correct. Commissioner Sarnoff And were -- let me -- I'm sorry. Let me -- were their depositions in aid of execution taken yesterday? Mr. Fernandez: I have not gotten a report from special counsel handling that. I believe that there were four depositions that were intended to be taken; two, I believe, took place; two did not. Commissioner Sarnoff It's odd because I get my information from the Miami Herald, and it's an odd place to find out that these folks didn't show up for their deposition. Are you aware of them not showing up? Mr. Fernandez: I have not been able to follow it up with the firm that's assisting us in doing this. Monday we met with the law firm and we sfrategized on how those depositions were going to be taken, and the fact that -- in fact, insisting that, aggressively, we pursue these individuals. I cannot tell you more because I have not had an opportunity to speak with Mr. Cole. Commissioner Sarnoff Last question. Whose depositions were taken in the past two days? Mr. Fernandez: We're finding out, and as soon as we have that information, we'll let you know. Commissioner Regalado: Well -- Mr. Fernandez: And it is in an interest -bearing account, and the judge's order, in fact, imposes interest, and so, you know, the sooner they pay -- and then the money, once paid into the court set account, it continues to earn interest. Commissioner Sarnoff Well, something was printed in the Herald -- let's see if we can correct this. It appeared, written in the Herald, that the million dollars from Adorno Yoss was in their trust account. Is that correct? Mr. Fernandez: No. My belief is that that -- the judge's order is that all these money be put in the trust account that has been created, and the custody of that account, I need to ascertain the particulars and give you that information, but that is certainly -- they have -- Adorno Yoss, has, in fact, fully refunded and returned all the monies that they had kept. Vice Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Question. How much have we paid legal counsel to represent the City, as of maybe, last week? Mr. Fernandez: We have paid -- keep in mind, there are three types of litigation that's going on. The first one was to set aside the settlement; the second is the appeals that have ensued as a result ofJudge Lopez ruling in favor of the City setting aside the settlement. All of the individuals have appealed the ruling of the judge, and so, the appeals that have resulted from the City ofMiami Page 21 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 judge's decision is the second set of cases that this law firm is handling for us, and then the third, and perhaps, most significant representation, is the one on the case in chief the actual class action lawsuit that is, again, progressing, and we have been engaging with the plaintiffs, and those -- in those three, the sum total exceeds $500, 000. I believe -- I don't have the exact figures -- 543, 334, but there is some outstanding bills that have not yet been processed, so it is in the neighborhood of a half a million dollar fee that the City has spent in representing itself in those three types of proceedings. Commissioner Regalado: Right, but the appeals, of course, you don't need depositions. Mr. Fernandez: No. Commissioner Regalado: We are supposed to take deposition for the new case. In this -- Mr. Fernandez: Correct. Commissioner Regalado: -- case, plaintiff are the residents. Is that correct? Mr. Fernandez: In this case, the -- it is the class action represented by certain named individuals that are the plaintiff, so in -- at -- this is a class action that has, in fact, already have had the class certified and constituted, and the class action consists of residents who have paid the fire fee. Commissioner Regalado: And in the paper -- again, we're going back to the paper; that's the information we have. The other attorneys say that they haven't receive any offer from the City. Last time we met was many, many, many, many month ago, and as of now, they claim that they haven't received any offer from the City, although, the direction, at that time, many month ago, was to try to determine about a settlement. Mr. Fernandez: There has been ongoing conversations with the plaintiffs or their attorneys. Most recently, we met with them, and we disclosed, open to them, outside of any mandated court proceeding or outside of any formally set deposition, we met with them and we discussed with them and showed them the City's position. It is my understanding that there has been a good faith offer made because the City is acknowledging and the City is -- has always been our position that, certainly, for two years, there is a refund due, in the amount somewhere in the excess offive to six million dollars. Good faith negotiations are taking place. We're fully engaged with plaintiff. The only thing that we don't do is fully engage the plaintiffs, or anyone else, for that matter, in the papers of the -- in the pages of the Herald. That is not the appropriate venue, in my opinion, for the City to be ventilating and to be litigating a case as significant and important. Commissioner Regalado: You're right, but the City has been, not negligent, but not proactive in providing information to the people ofMiami about this case. Under the disguise of it's in litigation; we cannot discuss, and we should -- and I really thank Commissioner Sarnofffor bringing this because I think it's important, and it is -- you see, every time that something about the fire fee comes up, people get more confused. You just said that we have -- well, no "we." The attorneys that represent the City have made some kind of offer in the vicinity offive to six million dollar, which is what the City believe is owed. However, what is in the mind of the resident is the $7 million that were given to the lucky seven, or the lucky five, or whatever, the Fantasy 5 winner, and that puts the elected officials in a very, very difficult position because the people ask that we, as elected official, as their representative, act, and here we're caught in this web of not appeals, but new depositions. Mind you, depositions were not taken to all the people who refused to give it, butl think that we need to -- we cannot establish a timeline for the court, everybody understand that, but, at least, we should report to the people what is going on because the people have the right to know. They -- I mean, cases bigger than this are being debated City ofMiami Page 22 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 everyday in the media throughout the United States, you know, and it is important that the people know. I, for one, I -- you know, historically, I'm said -- I'm been saying, you know, we got to get rid of the fire fee, and if we going to do that, we should do it sooner than later so Larry Spring and his team will not have the burden of you know, in the first hearing during the budget process, we'll say, hey, let's get rid of the fire fee. It will be unfair to him and his team, and you know, I think we should just do it and get -- if we have to vote, we have to vote, and then he gets a clear message. I don't think that the possible elimination of the fire fee will have weight on the court case, and if it have it, it will have it in a positive way to the City because we're showing good faith, so I hope that we can get a report, if possible, every time we meet because the people need to know. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: Mr. Chairman, may I respond to Commissioner Regalado? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: You should. Mr. Fernandez: Commissioner Regalado, in a civilized and sophisticated society where the rule of law governs all of our behaviors, and as your City Attorney, interpreting the rule of law and the legal system to you, your constituents, the residents of the City ofMiami, are very well represented by competent counsel, and the relationship between your attorneys, myself and the special counsel that I have working with me, are fully engaged with those attorneys who represent your constituents. The nature of the beast, the nature of our business, those of us who sit here, is that while you represent the citizens, it is in the vast majority of the cases, those very same citizens, who, for whatever reason, sue you because of different actions or decisions that you take or fail to take, so my job, as your City Attorney, oftentimes, is to have an adverse position to the very constituent that you represent, but I'm not saying anything new or different from that which all of you know. All that I'm telling you is that the proper venue to try the merits of this case, all the issues that are in controversy, is the legal system. It is, clearly, in the courts. It's being given all the attention. We are pursuing, aggressively, the collection of what's owed. We're seeking, aggressively, a settlement, a good understanding that would be a win -win for everyone involved, and we are doing so observing all the proper parameters. In my opinion, it would be highly improper for me, or for anyone else in this City, to engage in a public debate on the radio, on the press, with regard to the merits, and the strategies, and the issues that are involved. Commissioner Regalado: And I didn't say the strategy; I didn't say the merits. Did you hear what I said? Mr. Fernandez: No. Commissioner Regalado: Then that's why. Mr. Fernandez: Well, I -- please repeat to -- Commissioner Regalado: That's why. Mr. Fernandez: -- me again. No. Commissioner Regalado: I said report the status. Yesterday, we went to court. City ofMiami Page 23 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Fernandez: Yes. Commissioner Regalado: Yesterday, we lost in court. Yesterday, we won in court. Mr. Fernandez: Sir, I have a series of memos to you over the past several months that outline and give you, perhaps, not a daily blow-by-blow of everything that happens -- Commissioner Regalado: The last one was two month ago. Mr. Fernandez: Nothing significant, perhaps, has taken place in -- Commissioner Regalado: And that's -- Mr. Fernandez: -- we -- Commissioner Regalado: -- my point. Mr. Fernandez: Well -- Vice Chairman Sanchez: Could -- Mr. Fernandez: -- we met -- Vice Chairman Sanchez: -- I just --? Mr. Fernandez: -- Commissioner, last week, in the middle, latter part of last week, with plaintiffs counsel. Commissioner Regalado: I didn't know that. Mr. Fernandez: My fault, and I'll accept responsibility for not keeping you abreast immediately after every action that takes place in this case, and by reporting to you, I hope that then I am fulfilling the requirement that you have of keeping the people informed because I, as your City Attorney, have no intention of conducting any kind of public publicity campaign, but to you, I have an obligation, and I only can apologize for not letting you know what has transpired in the last several days on this case. Commissioner Regalado: I'm not talking about booking you radio programs. I'm talking -- Mr. Fernandez: Well -- Commissioner Regalado: -- about keeping the people inform -- Mr. Fernandez: I'll keep you inform. Commissioner Regalado: -- as to the process. Mr. Fernandez: Great. Commissioner Regalado: When are we -- when is the docket in the court? When is the date that we go to trial? Is it -- Mr. Fernandez: As -- Commissioner Regalado: -- something, something to inform. City ofMiami Page 24 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Fernandez: -- we're speaking, you will receive a written report this afternoon that will give you a complete status of what's happened in this case. Commissioner Sarnoff Mr. City Attorney, my point in bringing this up for the people -- Vice Chairman Sanchez: Was not -- Commissioner Sarnoff -- was merely to bring forth are we aggressively pursuing those people who owe us the money, and understand, when I used the word "deposition," by the way, a moment ago, that is a deposition in aid of execution; that is where they have to come before the City Attorney, or his designee, and they have to disgorge to him where all their property, personal and real, exists, when they dispose of that property, so that we can look at and see have they acted in good faith throughout this litigation, have they disgorged property, and if so, can we go after that property because they don't intend to pay us back. Mr. Fernandez: Right. Commissioner Sarnoff Now I say they don't intend to pay us back merely because they haven't paid us back. That is the aspect of the case that I wanted to look at. We're -- Mr. Fernandez: Certainly, and I can tell you that, as of yesterday, the response to the question I didn't have to you was that, in the depos (depositions), all were no-show because two chose to post a bond, and that's a valid alternative -- Commissioner Sarnoff There you go. Mr. Fernandez: -- and the others that have not, then we have already contacted the sheriff to seize assets of those who have not posted -- Commissioner Sarnoff That's -- Mr. Fernandez: -- bond and shown. Vice Chairman Sanchez: All right. Mr. Fernandez: That is very aggressive, when the sheriff of Dade County goes and takes somebody's property. Commissioner Sarnoff Sure. Now he's levying upon their property. That usually gets the attention of the person that their car is missing; that their typewriters are no longer there; that they can no longer do business. That's the kind of action I was frying to see that this city was taking on behalf of its citizens to get back the 3.5 million that we paid and allow that to start accruing interest so that anytime we have to resolve this case for the appropriate amount -- Mr. Fernandez: I -- Commissioner Sarnoff -- which I will leave unsaid -- Mr. Fernandez: -- have been remiss in that I have not met your expectations of my keeping you up-to-date, blow-by-blow on how aggressively I am pursuing this on your behalf. I'm not only aggressively pursuing the refund of the monies to the City, I am also aggressively representing the City's interest in making sure that the ultimate case, the case in chief is timely and properly handled so that it becomes a win -win for everyone, notwithstanding expectations on the part of some out there. City ofMiami Page 25 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: Mr. Chairman, ifI may, just very brief through the Chair, make a reasonable request, which is to request a shade meeting for the sake of you providing -- the legal team providing the Commission information and updating the newest Commissioner, Commissioner Sarnoff, of actions, and therefore, A through Z, pertaining to this matter. Mr. Fernandez: And we will. In fact, I was intended to ask you, before this meeting concluded today, to, as I have to do, pursuant to State statute, the setting up of another shade meeting to discuss settlement and the cost of litigation, and I intend to do so before this meeting concludes, butt have to have a date specific, and as we're speaking, we're consulting your individual calendars and doing things like that so that we can proceed. Commissioner Sarnoff And let me just go with this --Mr. Chairman, could just go with the second part of my request? Could we have our CFO (Chief Financial Officer) report in the next 60 days on if we could remove the last --? My understanding is that it's 25 percent left of fire fee, which will be -- Chairman Gonzalez: And it's going to be removed because -- you were not here -- Commissioner Sarnoff Oh, sorry. Chairman Gonzalez: -- but the proponent of the reduction of the fire fee to eliminate the fire fee 25 percent every year was myself and I had the support of my colleagues on that motion, and this year, we're going to eliminate the fire -- Commissioner Sarnoff OK. Chairman Gonzalez: Yes, sir. You can bet on that. Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Hernandez: IfI may, just for clarification. I understand that, for the '07/'08 fiscal year, we still have the last 25 percent -- Commissioner Sarnoff That's what thought. Mr. Hernandez: -- of the fire fee. That's my understanding. Chairman Gonzalez: And my -- and I'm going to propose to do away with the last 25 percent this year. Mr. Hernandez: And also, Mr. Chairman, it's -- Chairman Gonzalez: And I don't know I'm going to have the support, but that's going to be my proposal, so -- Mr. Hernandez: -- just a message of -- Commissioner Regalado: You're proposing -- Mr. Hernandez: -- warning -- Commissioner Regalado: -- to eliminate completely the -- City ofMiami Page 26 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Yes. Commissioner Regalado: -- fire fee? Chairman Gonzalez: Yes, sir. Commissioner Regalado: Well, you got my second, third, and fourth, so you don't need any votes. Mr. Hernandez: Mr. Chairman, also, besides that, I think that they original plan was to reserve a certain amount of money to provide for the necessary fire protection equipment for the Fire Department, and that was in the range of 3 million, plus or minus, things that we have to keep in mind, and also, it's very significant, as the State Legislature moves along in considering tax reform items, that we shouldn't be overacting at this point without knowing really what will happen at the State level. Chairman Gonzalez: Well, I'm just -- Mr. Hernandez: I was just cautioning. Chairman Gonzalez: -- telling you what my intention is, and then -- and that is going to be done during the budget hearing, and then at the time we discuss the different options and the needs, but that's going to be my intention because that's what we propose in this Commission meeting, and that's what the Commission agreed to, to cut down 25 percent each year to eliminate the fire fee, and we are in the last 25 percent, so when time comes, we'll debate it and -- Commissioner Regalado: And I think we should -- Chairman Gonzalez: -- we take a vote. Commissioner Regalado: -- regardless, I think -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- we should take a vote, Mr. Chairman, so we don't surprise the Administration in September or October, and I think it's important that we understand and the people do understand that this is a commitment that we did, even before Governor Charlie Crist began talking about other remedies for property insurance. This is not related to what if something happen in Tallahassee. This is a commitment that we made to the people ofMiami, as we commit in two -- several years ago, not to raise the garbage fee -- Chairman Gonzalez: For five years. Commissioner Regalado: -- so you know, I think that we should not confuse one thing with another. The fact that the State is taking measure is not related to the commitment that we made to the people ofMiami to eliminate completely the fire fee, so I would -- Chairman Gonzalez: All right. I hope -- Commissioner Regalado: -- suggest to have a vote. Chairman Gonzalez: -- that we have debated the issue enough. Can we move to the -- Vice Chairman Sanchez: It's a discussion item. City ofMiami Page 27 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: -- next item? Pardon me? Vice Chairman Sanchez: Next item. [Later...] Mr. Fernandez: Mr. Chairman, if may -- ifI may beg your indulgence for a second. Pursuant to the discussion we had this morning, and following the statutory requirements, I, as your City Attorney, am requesting shade meeting or a private meeting, as they're called, pursuant to Florida Statutes Section 286.011(8), Florida Statutes, for an attorney -client session between the members of this Commission, the City Manager, the City Attorney, the Deputy City Attorney, and outside counsel, to seek advice concerning litigation in the case that is known generally as the fee -- the Fire Fee case. There's three or four names. We would all make sure that when we advertise it, because we have to advertise it, if you'll authorize it now, that we will have all the correct names and numbers and all of that, and the City will provide the public notice of the specific date and time of the meeting, and the person who will be attending at the meeting in the publications. We are frying to work with your calendar. We've contacted your respective offices. The likelihood of this taking place for half an hour, 45 minutes at the next time you meet, which would be the March 22 P&Z (Planning & Zoning) meeting, and I think that there would be some flexible time there for you to meet. It shouldn't take more than half an hour. We will notice it for then. If not, we will find a date convenient to the five of you, and we will schedule the meeting at that time. Notwithstanding your approval of this item, which hopefully you will vote favorably on, we will submitting [sic] to you, by Monday or Tuesday of next week, an up-to-date summary status report of all the activities that have been taking place since your last memo, month and a half ago. Chairman Gonzalez: Very well. Any pocket items? Commissioner Spence -Jones: I just have a -- Mr. Fernandez: I need an action on that. I need you to -- Vice Chairman Sanchez: So move. Mr. Fernandez: -- take a vote. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: So -- Vice Chairman Sanchez: Would you just make sure that Commissioner Marc Sarnoff is -- Mr. Fernandez: Yes, definitely. Commissioner Regalado: -- it's the 22nd -- Vice Chairman Sanchez: -- available? Commissioner Regalado: -- at 9 a.m. City ofMiami Page 28 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Fernandez: We're considering all of your calendars. That's a more likely date for us to do it, to do it super -- a little bit earlier in the morning, or to get you to come back a little bit earlier in the afternoon break. Chairman Gonzalez: March 22? Mr. Fernandez: The -- yeah, at the P -- at the next Commission meeting of -- Chairman Gonzalez: Oh, at the next Commission meeting. Mr. Fernandez: Yeah, which is March 20 -- Chairman Gonzalez: How is the agenda for that day, Mr. City Manager? Mr. Hernandez: Mr. Chairman, it's, I would say, a normal, heavy, PZ agenda. Chairman Gonzalez: Another normal, heavy P&Z agenda. Mr. Hernandez: Well, it's something that you're going to have to look at and then -- Vice Chairman Sanchez: You know -- Mr. Hernandez: -- you know, refine it. Vice Chairman Sanchez: -- either we're pregnant or we're not pregnant. Mr. Hernandez: We are. Vice Chairman Sanchez: OK. Mr. Fernandez: If that date doesn't work because it's extremely heavy, then we would look for another date very close to maybe if not that Thursday, maybe Wednesday for an hour, or Friday for an hour, but we need to consult each of your calendars, and hopefully, it won't be that much of an imposition. Chairman Gonzalez: Are so many people are still frying to build in the City ofMiami with all the opposition to building and development and all that? Mr. Hernandez: Mr. Chairman, we continue to have a lot of activity in the Zoning -- Chairman Gonzalez: I was hoping -- Mr. Hernandez: -- Planning and Zoning. Chairman Gonzalez: -- that, you know, a lot of these people would decide to go to California or Boston, Massachusetts, New York, you know -- Mr. Hernandez: Tennessee, you know. I mean -- Chairman Gonzalez: -- Key West, for example, you know; Monroe County, Hialeah. Mr. Hernandez: Let's say that we're fortunate. Chairman Gonzalez: I mean, you know, these people got to be -- something got to be wrong in their mind because, you know, if they mistreat me the way some of these people have been City ofMiami Page 29 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 mistreated in this City, and I have money, I would never put a penny here. Vice Chairman Sanchez: You go and develop in Alaska. Chairman Gonzalez: I would go someplace else. Huh? Vice Chairman Sanchez: You go and develop in Alaska. Chairman Gonzalez: Igo and develop in Alaska, you know, honestly. I mean, they got to be -- they got to have serious problem in their minds, but -- Vice Chairman Sanchez: All right. D2.2 07-00300 DISCUSSION ITEM DISCUSSION CONCERNING ADOPTION OF AN ORDINANCE REQUIRING EACH APPLICANT REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING A PLANNING OR ZONING MATTER, TO DISCLOSE, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE PUBLIC HEARING(S), ANY CONSIDERATION PROVIDED OR COMMITTED, DIRECTLY OR ON ITS BEHALF, FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION, AND PROVIDING SANCTIONS FOR NON-COMPLIANCE. 07-00300 Cover E-mail.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D2.2) 07-00300a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING EACH PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES TO DISCLOSE, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE PUBLIC HEARING(S), ANY CONSIDERATION PROVIDED OR COMMITTED, DIRECTLY OR ON ITS BEHALF, FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; PROVIDING FOR PENALTIES FOR NON DISCLOSURE. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0130 Chairman Gonzalez: All right. D2.2. Commissioner Sarnoff Mr. Chairman, I have before you a resolution, two of them. Essentially, the first one is to require anybody coming before this particular tribunal or any other board of the City ofMiami, to provide, in written format, an indication as to who they represent, and my previous -- or the one that I had put in to you all last Friday, said, "subject to the approval of the City Attorney," but instead, I would put "by provision of a corporate resolution, a power of City ofMiami Page 30 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 attorney, or other documentation satisfactory to this Commission, "so that there won't be some subjectivity on the -- Chairman Gonzalez: Well -- Commissioner Sarnoff -- part of our City Attorney. The point of that particular resolution, I'll submit to this body, is simply because, oftentimes, we -- we're told people come up here and they represent a given organization, and what we may have found is that organization had been created two days before; it may consist of six houses, and we know it as the John Smith Homeowner Organization, and it seems like there may be more to it than maybe what really exists. The reason I'm providing the -- I'm asking for it in a resolution format, and I'm going to bring it back in terms of an ordinance, and I've given you the ordinances, as well, is I'd like to see this have binding effect immediately. With an addition to this particular resolution, I've provided what call a disclosure of consideration resolution. In that resolution -- and I'll be a little more careful with this -- it would require each person or entity requesting approval, relief or other action from the City Commission, or any of its boards, authorities, agencies, counsels, or committees, concerning any issues, shall disclose, at the commencement or continuance of the hearing, any consideration provided or committed directly on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. This is not something out ofMars. This is something that checked with three other cities that they have, the closest to us being the City ofMiami Beach. This is good government legislation. This requires a disclosure when you see large groups of people getting up before this body or any other body before the City, and you get to learn, maybe, why some of the people are here. Maybe they're getting something; maybe they've been promised something; maybe there's been an indication that they will receive something in the future. I would point to your resolution, Section 5, the definition of consideration comes directly from the City ofMiami Beach. This is good government. As a matter of fact, what would be even better is to declare it, probably, illegal to do it, butl think, at the very minimum, we should, at least, as a tribunal, when we get up here and listen to people speak to us, understand and know that they come with a possible financial bias; doesn't mean that that's not a good -- it doesn't mean that you don't want to still vote in favor of them, butt will tell you, as a litigator for the past 20 years, the first question we ask any witness are biased questions towards financial motivation. When a plaintiff gets up and says I've been injured by this defendant, the first thing we're going to tell a jury is understand the financial bias this person brings with his testimony. Well, it's the same with us. These two pieces of litigation -- oh, I'm sorry -- these two pieces of legislation are a fair balance. This balances, to this tribunal, the person so that we know they get up here, they're representing who they say they represent, and we learn the date they created this entity. On the other hand, it also provides us an understanding of a bias a person can bring with them, and maybe, we better understand when we see significant numbers of people in front of us in the room. I ask you to pass this as a resolution because it would have binding effect immediately. I will rebring [sic] this -- Vice Chairman Sanchez: As an ordinance. Commissioner Sarnoff -- should -- as an ordinance, I hope, at the next Commission meeting, but if not, shortly thereafter. I really think this is good -- Vice Chairman Sanchez: Second. Commissioner Sarnoff -- government. Thank you. Vice Chairman Sanchez: Second, Mr. Chairman. Applause. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say City ofMiami Page 31 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones: Mr. Chairman, I do have a comment, though, on it, and I know that it's coming back as an ordinance. I definitely support it. I understand what the Commissioner's definitely trying to accomplish by disclosure, but one of the things that I do want us to consider -- and I'm assuming, Commissioner Sarnoff, your biggest concern was exactly what you expressed today. You know, groups come in front of us, and eventually, some of those individuals are either receiving some sort of compensation for their participation in supporting a project or not supporting a project, and believe me, by all means, I understand that from where I sit. My only question would be -- and I don't know ifI direct this to the City Attorney -- but in my disfrict alone this last year, one of the things that I've been truly trying to encourage from the dais is that people that decide to develop and build in my disfrict, whether or not it be Overtown, Liberty City, or Little Haiti, is that they sit down and come to the table -- come back with a compromise, and my only concern on -- sometimes, a compromise does include making sure the residents benefit from the participation, and I've won three very big issues in my disfrict because of that compromise. My concern would be now I wouldn't want the residents of my district to be seen as, oh, yeah, now -- you know, now you'll support them because you're going to get a park, or now you're going to support them because you're going to get affordable housing units, and the reality is that, in my disfrict, where there's not a lot happening and we're trying to push for things to happen, that's exactly what I want builders and developers and people to do in my disfrict. They need to make sure that they don't come into communities without including the people there, so that would be my only concern. I would not want the citizens of my district to be seen as, yeah, you're supporting it only now because you're getting a technical school, or you're supporting it now because you're getting something out of it, so while I do support the overall concept of what you want to accomplish, I just ask that, when it comes back, that we, at least -- and I'm asking for your help, and guidance, and consideration on the best way to bring it so that it does not affect me being able to get things done for my district. Commissioner Sarnoff Well, let me just say, very briefly, and I won't belabor it. It's merely disclosure. The question that comes to bear is does the Commissioner of Disfrict 5, who may know about this situation, does the Commissioner of District 1, Disfrict 2, Disfrict 3 -- they'd like to know about it. They'd like to know that maybe this is a good compromise. The other thing we were very careful about was selecting a resolution that did not require the people that get up to speak to disclose it, but the applicant, so the applicant will come up here, whatever applicant it is, and will say, we have made the following -- we've provided the following consideration to the following groups, let's say, two additional acres to Little Haiti Park, and we've provided playground equipment. Now I would think Commissioner Sanchez, or Commissioner Sarnoff, or Commissioner Gonzalez, would think to himself that's good for the community. However, if it was disclosed that, in Disfrict 2, for instance, a homeowner's organization got $1.5 million, this Commissioner would be concerned about it. Now maybe another Commissioner would not, but this Commissioner will be concerned about it, and I think you have the right to know that, for instance, if it was a large building, some people may not be opposed to it because they're part of that $1.5 million. I just bring that to bear because I think it's something we can take into our consideration, just like a jury does. I mean, a jury merely hears the evidence that the plaintiff could win millions of dollars, and they take his testimony -- Commissioner Spence -Jones: Right. Commissioner Sarnoff -- in perspective. I think we deserve the same thing. Commissioner Spence -Jones: Right, and I'm not -- and again, we're sitting from two different City ofMiami Page 32 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 perspectives, and I totally agree. IfI was seating in your seat, I would feel the same way. I just need to ask the City Attorney real fast. The speaker's disclosure in our current lobbying regulations, do they address this issue right now? Jorge L. Fernandez (City Attorney): When we come to you with an ordinance, we would have addressed all the issues where our lobbyist ordinance and these two separate disclosure ordinances, how we will make them jive [sic] to make sure that there is no contradiction and that the -- to whom it is applicable would be made very clear, so yeah, that's one of the issues that we're looking at. We don't want to be repetitive. We don't want to create any internal contradictions, and that's why it is very appropriate for Commissioner Sarnoff to give us the deference of a few weeks for us to draft, to compare, contrast, and make sure that you end up with fully enforceable ordinances that do not have any internal contradictions. Commissioner Spence -Jones: Thank you, Mr. City Attorney. I just want to say, Commissioner Sarnoff, I do commend you for bringing this because I do think it's a big issue, and we do need to address it. I just want to make sure that the residents of my district are -- is not affected by it. That's all. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: And this is the process that we want to establish here. I think that the resolution being put forth is a good idea, in principle. I second it. For me, it's an honor to give it the first breath of life as it goes now into an ordinance, which it'll come back, and therefore, we will have an opportunity to have a healthy debate on it as to whether some may think that it violates the -- someone's right or -- but we will have an opportunity to -- Mr. Fernandez: Well -- Vice Chairman Sanchez: -- debate it when it comes back on the ordinance. Correct me if I'm wrong, Mr. Attorney. Mr. Fernandez: No. You're eminently correct. What Commissioner Sarnoff has invoked is a creative, different new way of doing things, one which he doesn't want to wait the month that we would take to actually process the ordinance and do all the work we need to do. To regulate and to have the power of law, it needs to be ultimately an ordinance. We're putting everyone on notice that this City Commission is going in that direction. This is sort of like the equivalent of zoning in progress, but let's call it disclosure in progress, so everyone is certainly put on notice that the City Commission intends to enforce these standards, and then there is a period here of two, three, four weeks while, if anybody comes in front of you, they would know they would be subject to these standards; we have them in a resolution, and then, perhaps, the bite would not be as big, and as hard, and as severe once you have locked it in an ordinance -- Chairman Gonzalez: All right. Mr. Fernandez: -- so I want the record to be clear about that. We discussed this with Commissioner Sarnoff. We've been working with his office on this. We believe that it is appropriate for this resolu -- these two resolutions to hit the road -- I mean, to hit the -- to be in the daylight and to give everyone notice, as it were, but we are working on the ordinance, which ultimately, would be your law. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Let's stop beating the dead horse. D2.3 is the other resolution, right? City ofMiami Page 33 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: No, no, no. No, no. Let's vote them separately. Chairman Gonzalez: Pardon me? Vice Chairman Sanchez: Let's vote on them separately, right? Chairman Gonzalez: We already voted on 2 -- Vice Chairman Sanchez: No, we did not. Mr. Fernandez: No. You haven't -- Chairman Gonzalez: -- D2.2. Mr. Fernandez: -- voted on either 2 or 3. Commissioner Sarnoff Well, we actually have -- Mr. Fernandez: You need -- Commissioner Sarnoff -- voted. Mr. Fernandez: -- to vote on both of those. Vice Chairman Sanchez: Yeah, but we -- Priscilla A. Thompson (City Clerk): Excuse me. There was a motion by -- Commissioner Sarnoff Right. Ms. Thompson: -- Commissioner Sarnoff -- Vice Chairman Sanchez: And I second. Ms. Thompson: -- second by Vice Chair, and you took a vote. Vice Chairman Sanchez: D2 -- Ms. Thompson: After the vote -- Chairman Gonzalez: And I took a vote. Ms. Thompson: -- then you started your discussion. Commissioner Sarnoff Right. Chairman Gonzalez: Everybody say "aye" on -- Vice Chairman Sanchez: So we voted on D2.2? Chairman Gonzalez: -- the resolution. Yeah. Vice Chairman Sanchez: OK. Chairman Gonzalez: Wake up. Smell the coffee. City ofMiami Page 34 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: I haven't had any; that's the problem. D2.3 07-00301 DISCUSSION ITEM DISCUSSION CONCERNING ADOPTION OF AN ORDINANCE REQUIRING ALL PERSONS APPEARING IN A REPRESENTATIVE CAPACITY BEFORE THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES, CONCERNING A PLANNING OR ZONING APPLICATION, TO PROVIDE, PRIOR TO STATING ITS POSITION ON THE MATTER: (A) NAME AND ADDRESS OF SPEAKER; (B) NAME, ADDRESS, AND CREATION DATE OF THE ENTITY THE SPEAKER IS REPRESENTING; (C) PROOF OF CAPACITY OF SPEAKER TO REPRESENT THE ENTITY, IN THE FORM OF A RESOLUTION, POWER OF ATTORNEY OR OTHER DOCUMENTATION, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; "ENTITY" SHALL BE DEFINED TO INCLUDE BUT NOT BE LIMITED TO HOMEOWNERS ASSOCIATION, NEIGHBORHOOD ORGANIZATION, CIVIC CLUB, SCHOOL, PARTY, CHURCH, RELIGIOUS OR OTHER ASSOCIATION, ORGANIZATION, TRUST, FOUNDATION, GROUP, PARTNERSHIP, CORPORATION, SOCIETY, OR OTHER ENTITY. 07-00301 Cover E-mail.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D2.3) 07-00301a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: REQUIRING ALL PERSONS APPEARING IN A REPRESENTATIVE CAPACITY BEFORE THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES, TO PROVIDE, PRIOR TO STATING ITS POSITION ON THE MATTER: (A) NAME, ADDRESS, AND CREATION DATE OF THE ENTITY THE SPEAKER IS REPRESENTING, AND (B) PROOF OF CAPACITY OF SPEAKER TO REPRESENT THE ENTITY, IN THE FORM OF A RESOLUTION, POWER OF ATTORNEY OR OTHER DOCUMENTATION, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY.) Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Regalado Noes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Direction by Commissioner Sarnoff to the City Attorney to work with the City Manager in drafting ordinances related to items D2.2 and D2.3 regarding disclosures of interest. Chairman Gonzalez: D2.3. Commissioner Sarnoff I'll make the motion. Chairman Gonzalez: OK. We have a motion on D2.3 -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." City ofMiami Page 35 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: I have a -- Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: No, wait, wait. There's -- hold on, hold on. I mean, we can't rush through these. I mean -- Commissioner Regalado: I have -- Vice Chairman Sanchez: -- I'm OK with one; second, I got some concerns, some issues that need to be -- Commissioner Regalado: I agree -- Vice Chairman Sanchez: -- addressed. Commissioner Regalado: -- with this, the documents, the power of attorney that could present or should present the people, but how do we going to deal with the phrase "subject to the approval of the City Attorney?" Commissioner Sarnoff That was changed. Commissioner Regalado: Do they have to bring it beforehand? Because the City Attorney cannot listen to us and, at the same time, read the power of attorney, making a decision, and this will hold the public debate. Commissioner Sarnoff No. What I did was I made an amendment to it which said, instead of subject to the approval of the City Attorney, by provision of corporate resolution, power of attorney, or other documentation satisfactory to this Commission, so you take the subjectiveness of the City Attorney away. Commissioner Regalado: OK. Vice Chairman Sanchez: All right, but let me just elaborate on this. This is not an adversarial procedure. This is a democratic procedure, and I certainly, along with all my colleagues, want to make sure that we don't deny anyone the opportunity to address. I mean, we swear people in, and I certainly think that's enough. When you swear someone in, they got to speak the fruth, and you know, we who labor here seek only the truth. I think that we need to -- you, as the presenter of this resolution, need to elaborate a little bit on -- to make sure that, you know, we're able to support you on it because I'm OK with one. I tend to agree with one, that there's some things happening that we need to get out, disclosure. I'm OK with it, but two is I don't want to deny anyone an opportunity to come here and not have an opportunity to speak or say, well, you know, I'm not a part of my homeowner association because, at times, you know, some people may not support the homeowner association. There's some homeowner association that are three or four members and they run the homeowner association. That's a problem. It is a problem, so I'm a little concern on this. I mean, I want -- Chairman Gonzalez: Yeah, but I think -- Vice Chairman Sanchez: -- to listen -- Chairman Gonzalez: -- that this address exactly that because I have seen some people here that have stand up and say I'm the president of so-and-so organization, and is that fruth? Is that false? Is he the president? Was he elected? Did they had a meeting? Do they have an City ofMiami Page 36 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 organization? I mean -- Commissioner Sarnoff Well, here's the scenario that you're concerned about, but -- Chairman Gonzalez: -- if you're here and you say I'm speaking on behalf of myself -- Commissioner Sarnoff Right. Chairman Gonzalez: -- but when you're saying that you're representing a group of people that are not here present -- Commissioner Sarnoff Mr. -- Commissioner Sanchez, what you're concerned about is somebody -- it's what call the dog ate my homework rule, which is somebody comes here and says, I represent the Center Grove Neighborhood Association, but I forgot to bring my corporate resolution. When we put in the phrase "subject to the approval of this Commission, " you have the right to say, I know this person. I vouch for this person; I believe he does represent the Center Grove Neighborhood Association, and this Commission can say, I'm, you know, going to let him speak on behalf. However, if it's somebody unknown to this Commission, and we hear of this organization we never heard of we can require that person to put, one, a corporate resolution, or two, a power of attorney. You could even say, you know what? I don't really know you. I'm going to let you testify today, but I'd like you to put, as part of our records tomorrow, fax it to us, the corporate resolution. Vice Chairman Sanchez: All right. Jorge L. Fernandez (City Attorney): Well -- Vice Chairman Sanchez: Let me just give you a scenario. Commissioner Sarnoff Sure. Vice Chairman Sanchez: A building, elderly building, they may not speak the language. There may be one or two individuals who speak English. They don't feel comfortable coming to the Commission. Those two individuals come. They say, I represent the building. My neighbors couldn't come because they're elder [sic], they're sick; they couldn't provide the transportation. Where are we on that? Because I certainly -- my whole thing here is I don't think any of us want to deny anybody the due process. Commissioner Sarnoff You know what we could keep here -- and hope the City Attorney would -- we could keep what's called Ramco. I think it's 201, which is a resolution form. We could just have them sign it right here. You're only looking for something that we can rely upon. In other words, that we were duped, so to speak. Supposing the person comes here, they don't even live in the disfrict. They don't -- because we don't know that, but they come here; they don't even live in the disfrict, but they sign this thing. Well, we've been defrauded to some degree. We've been fooled. We can keep them on hand, Mr. City Attorney, I would hope. Madam Clerk - Priscilla A. Thompson (City Clerk): Anything submitted into the record -- Mr. Fernandez: I thought you were keeping -- Ms. Thompson: -- will be kept. Mr. Fernandez: -- the City Attorney totally out of the loop. City ofMiami Page 37 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Sarnoff Well, you're right. Let me -- Mr. Fernandez: It's advisable. Commissioner Sarnoff -- address Madam Clerk. Can we keep simple Ramco forms on hand so that people who forgot to bring their resolutions or forgot to bring their power of attorneys could sign them right here? Ms. Thompson: Yes, we could. Any kind of record that we need in order to transact business before our Commission can be developed, usually with the approval of the CityAttorney's Office. We keep them here. Once they're filled out, we keep them on file. Mr. Fernandez: However, whether that form gets filled out or not filled out, filled out truthfully or not truthfully, at the end of the day, anyone may -- will have the right to speak. The level of credibility that you give to that person is something else, which I think is the point that Commissioner -- Vice Chairman Sanchez is raising with regard to not have this be a preclusion or a prohibition against actually having an opportunity to speak. Itjust goes to the weight and the credibility of their testimony if, in fact, they're able to back it up. If they stand here in a representative capacity -- Vice Chairman Sanchez: You know -- Mr. Fernandez: -- they have to meet certain criteria. If they don't meet that criteria, they may still speak, but then you will be -- the presumption is that you're not giving it all that much weight or credibility because they didn't meet all your criteria. Commissioner Spence -Jones: And I definitely have to add on -- that is def -- that is going to definitely be a concern in my district -- Vice Chairman Sanchez: Yeah. You're going to keep people away from City Hall. Commissioner Spence -Jones: -- and I can give you a perfect example in the Little Haiti area. I mean, a lot of the folks that are working in the Little Haiti area, surrounding the park, you know, that work in the industrial park, many of those folks, you know, they're working every single day. They can't come down here. They got to take care of their families, for whatever reason. Now, if they don't have a organization or a group, they should still be able to -- I just want to be clear -- come down, put their information or their concerns on -- Commissioner Sarnoff This doesn't -- Commissioner Spence -Jones: I just want to finish my statement, Commissioner Sarnoff. They should be able to still come down here and have the same amount of weight that's put on with, you know, a property association that may have the same -- might be organized, might have the ability -- I want to just make sure that that is not an issue. Commissioner Sarnoff Yeah. Marc Sarnoff can come down here till the cows come home as Marc Sarnoff the citizen. This doesn't even address that. This addresses when a person comes before you and he says I'm the president of the United States. Have you met me before? My name is Joe Smith, and you probably won't believe him, but then he hands you a document, probably fraudulently handed out, and then we'll decide whether we give him any credibility. It - - this isn't about a person. This is about when somebody comes and says I represent -- I come from the Allapattah Homeowners Association. We just formed last week, and we represent all of Allapattah. Now, Commissioner, you know, Gonzalez is going to say, I don't think you do, butl wouldn't know that. City ofMiami Page 38 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: But Commissioner Sarnoff -- and with all due respect -- whether or not a person formed -- and again, your district is a little different, so I understand why you probably taking that position, but you know, one of the things I've been working very hard in my district alone is trying to get people organized so that they can have a voice, so I don't care if they got started last week, you know, and decided, you know what? This -- whatever's happening in my neighborhood or in my community is a problem, and I still feel -- even ifI formed last week, because I see that it's an issue and I see that it's a problem, it should not have any weight, one way or the other, and I'm going to tell you, every time I can turn around, I'm frying to organize as many people to take responsibility of their neighborhoods and of their communities, and as many groups as I can get organized in the neighborhood, I want them to do that because they need to have a voice down here. Vice Chairman Sanchez: Marc, let me make a recommendation, and maybe it would change your mind. Direct the Administration to put it as an ordinance. Bring it back. Let's take it through the whole -- let's take it through Legal. I think Legal needs to pay -- Legal needs to play a part of whatever we do here at the City. I know you may not agree with me on that. Commissioner Sarnoff No. I don't -- Vice Chairman Sanchez: I think that it's a channel that we need to utilize. I mean, after all, they are our City Attorney, and if we don't have confidence in us [sic], then let's make a motion and fire them, but they are our City Attorney, and we have to rely --I have to rely on my City Attorney. I have to rely on my personal attorney, so my -- Commissioner Sarnoff The City Attorney was personally involved in drafting this or -- this resolution, and we went through this process, and I think -- you know, there's something called fool's gold. We're mining fool's gold here. There's nothing -- there's no concerns here because we're going to have the proper documentation here. We're going to have, I would suspect, in many different languages, I would hope, and it doesn't preclude a person from coming down here and raising their right hand and saying I am in favor of this issue; I oppose this issue. What it does do is require a person, with some evidentiary basis, to show I represent this organization, and you get to learn the organization was formed 15 years ago, 5 minutes ago. Vice Chairman Sanchez: So this focus only on -- Commissioner Sarnoff It's only organizations. Vice Chairman Sanchez: -- organizations, corporations, incorporations, like the incident we had that the lady spoke and came forth, and then we found out it was an invalid corporation -- Commissioner Sarnoff Fair enough. Vice Chairman Sanchez: -- and those are the concerns that you're bringing forth? Commissioner Sarnoff Yeah. In other words, we had a person come before us very recently that formed an organization two days before the hearing. Now had that not been pushed through by somebody, I guess, figuring that out from the public, because we didn't know it, maybe that factors into your consideration. You formed an organization two -- Vice Chairman Sanchez: So what's a time frame for forming an organization? Commissioner Sarnoff There is none. You could do it five minutes before this hearing. Commissioner Spence -Jones: I just don't want people to be prejudged, that's all. You know, and you're make -- and you're bringing up the point as an issue, you know, an individual came down City ofMiami Page 39 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 and they formed the organization two days ago, and now they're coming and speaking as a group, and I'm just -- I can't speak for anybody else's disfrict, but mine, you know, and I'm here to tell you that ifI could mobilize as many people in their neighborhoods to take responsibility of what's happening in their neighborhood to have a voice, I'm going to do it every chance I get -- Commissioner Sarnoff I understand that -- Commissioner Spence -Jones: -- so -- Commissioner Sarnoff -- but -- Commissioner Spence -Jones: -- and I just don't want my colleagues to say, OK, yeah. You're coming down here now and you organized two days ago. That would be my only concern. Commissioner Sarnoff Well, but I think that disclosure has material weight. I think the fact that you formed something two days, two minutes, two hours, two year -- see, supposing somebody had an organization for 15 years. That carries a little more weight with me than an organization that was created 15 minutes ago. Commissioner Spence -Jones: But with all due respect, Commissioner Sarnoff -- and I hate to keep going back -- I feel like we're doing a tennis match here. Commissioner Sarnoff It's a good match. Commissioner Spence -Jones: The reality is folks can be -- within my community, can be organized from the standpoint of meeting and having things that they do in a particular neighborhood, but may not have formed a corporation because maybe they didn't have the money to form the corporation, or maybe they didn't have the resources to perform -- to, you know, pull the organization together, but that doesn't mean that they're not organized, and that doesn't mean that they don't want to be recognized as a group that has a voice. That's all my -- you know, I support you on it, but we just have to figure a way -- out a way, you know, Commissioner -- I mean -- I'm calling you Commissioner now -- City Attorney. Mr. Fernandez: Yes, not Commissioner. Yes. Commissioner Sarnoff Not yet. Commissioner Spence -Jones: Trying to figure out a way so that it doesn't affect all of our districts, not just one particular disfrict, but all of our districts. Mr. Fernandez: It is -- it does affect -- once -- well, as a resolution, it affects the entire city. As an ordinance, it's enforceable throughout the entire City through all the proceedings that you have. Chairman Gonzalez: And you know what the problem is here, the bottom line? As late Arthur Teele used to say many, many times, one shoe don't fit all in the City ofMiami. We have different needs, we have different groups, we have different people. That's the bottom line. What applies to a segment of the community doesn't necessarily apply to different segments of the entire City ofMiami. Unfortunately, that's the way it is. Mr. Fernandez: But you cannot have a regulation like this selectively enforced or -- Chairman Gonzalez: Of course -- Mr. Fernandez: -- selectively drafted. City ofMiami Page 40 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Of course not, of course not, of course not. Commissioner Sarnoff Could we put it to a call? Chairman Gonzalez: Yeah. Vice Chairman Sanchez: To a vote? Chairman Gonzalez: Let's call the question. Vice Chairman Sanchez: All right. I second it for the purpose of discussion, but for the record, I won't be supporting it -- Commissioner Sarnoff That's fine. Vice Chairman Sanchez: -- but -- Chairman Gonzalez: So you're going to withdrew [sic]? Vice Chairman Sanchez: -- I'll let -- I'll always allow a discussion. Chairman Gonzalez: You will -- you withdrew your -- well, I think -- Vice Chairman Sanchez: No, no, no, no. Chairman Gonzalez: -- we -- Vice Chairman Sanchez: I would second it for the purpose of discussion. Chairman Gonzalez: -- had enough discussion. I mean, we -- Vice Chairman Sanchez: But I think everything is -- should be allowed for discussion because the reason here that this is confusing is because, one, it's not going through a process where -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- Legal could sit down with me, the Administration could sit down with me, and we can iron out this. This has just bring forth. We debate it, and we present it, and I think it may have some negative consequences. Now, ifI would have been better briefed, better informed, maybe I'm wrong. Chairman Gonzalez: If you remember correctly, I think, one meeting ago or two meetings ago, I addressed this problem that we're bringing blue pages, and we're trying to use the blue pages to pass resolution and ordinance, and that is not correct. We should have a discussion on a blue page item, come up with a decision, if we're going to draft a resolution or an ordinance, and then bring it back under the regular agenda. The City Manager or the staff will have -- or the City Attorney will have the opportunity to brief each Commissioner on the ordinance or resolution, and then at the time that we sit here, we are ready to vote to approve or disapprove -- Vice Chairman Sanchez: Now out of -- Chairman Gonzalez: -- but -- Vice Chairman Sanchez: -- respect for the district Commissioner, Commissioner Sarnoff if you City ofMiami Page 41 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 want to direct the Administration to prepare an ordinance and bring it back, I am prepared to support that. Ifwe're prepared to move on as a resolution today, I second it for the purpose of discussion, butt will not be voting in favor of it. Commissioner Sarnoff Understood. Vice Chairman Sanchez: OK. Chairman Gonzalez: Now what? Vice Chairman Sanchez: Madam Clerk, he made the motion. Ms. Thompson: And this is why when you finish your discussion, I wanted clarification. My record shows the mover being Commissioner Sarnoff, the second being Commissioner Spence -Jones, and I even record a vote, so I need to make sure -- Vice Chairman Sanchez: OK. Ms. Thompson: -- if you have or have not, within yourselves, consider to been have voted. Vice Chairman Sanchez: All right. Well -- Commissioner Spence -Jones: Right. Vice Chairman Sanchez: -- let's vote on the item, and -- Chairman Gonzalez: All right. At this point -- Vice Chairman Sanchez: -- make it a roll call. Commissioner Spence -Jones: OK. Chairman Gonzalez: -- we have a motion. Are you maintaining your second to the motion of approval or you're withdrewing [sic] -- Commissioner Spence -Jones: Yeah. I'm going to -- Chairman Gonzalez: -- your motion? Commissioner Spence -Jones: -- the only reason I'm going to maintain the second, Commissioner Sarnoff, is because I want to give the City Attorney the opportunity to put together the information and brief us all properly before it comes back to an overall vote of yes. Chairman Gonzalez: Yeah, but let me advise you of something that the City Attorney just said. If we approve the resolution, this resolution will be in -- Mr. Fernandez: Exactly. Chairman Gonzalez: -- effect tomorrow -- Commissioner Spence -Jones: Oh, well, I have -- Chairman Gonzalez: -- and then it will affect -- exactly the people that you're talking about will be affected tomorrow. They only way they won't be affected is if this is sent back to the -- City ofMiami Page 42 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: Administration. Chairman Gonzalez: -- City Attorney, an ordinance is draft -- Vice Chairman Sanchez: Prepared. Chairman Gonzalez: -- or a resolution, or whatever, and bring back to this Commission, and we have a discussion on the ordinance, and then we vote on the ordinance, but if we approve a resolution now, I don't want you to be confused on that. That's why I'm telling you. Commissioner Spence -Jones: No. I'm glad you straightened it out -- Chairman Gonzalez: Then, you know, once -- Commissioner Spence -Jones: -- Mr. Chairman. Chairman Gonzalez: -- we pass a resolution, it becomes effective. Commissioner Spence -Jones: OK, so -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- Commissioner Sarnoff, you know, do you have any statements on this because --? Commissioner Sarnoff I think we should vote on it. Commissioner Spence -Jones: OK, so I'm going to withdraw my second only because I feel I don't want to make a decision on something like this that's going to affect my constituents, and I know that it would. I would like to also recommend that it goes back to the City Attorney so that we can figure out what makes the most sense for all of our districts. Vice Chairman Sanchez: The district -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- Commissioner has requested a vote, and I will second it. Chairman Gonzalez: All right. We have a motion on -- You're going to second it? Vice Chairman Sanchez: Yeah. Chairman Gonzalez: All right. We have a motion on D2.3. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Roll call, Madam City -- and we have a second, as a matter of fact. Roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? City ofMiami Page 43 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: No. Ms. Thompson: Commissioner -- I'm sorry, Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: And then, Chairman Gonzalez? Chairman Gonzalez: I'm going to vote "no" because I want this to come back as an ordinance. I want to be brief on it. I want to think about it. I want it -- I want to have the time to realize what segments of my community are going to be affected possibly [sic] or negatively, so you know, and I haven't had the chance to examine that, so I'm voting no -- Ms. Thompson: Then the motion fails, 2/3. Chairman Gonzalez: -- and at the end, I may end up supporting an ordinance, but at this point, no. Commissioner Sarnoff Madam Clerk, what was the vote on D2.3? Vice Chairman Sanchez: Listen -- Marc, may I? I hardly ever do that. Chairman Gonzalez: That is -- Vice Chairman Sanchez: You know, I -- Chairman Gonzalez: -- D2.3. Vice Chairman Sanchez: -- if I'm going to vote no on an item -- Chairman Gonzalez: We just did D2.3, right? Commissioner Sarnoff Wasn't it D2.2 we did? Chairman Gonzalez: No. We did D2.2 before -- Ms. Thompson: Right. Chairman Gonzalez: -- and we voted yes -- Ms. Thompson: Correct. Chairman Gonzalez: -- on D2.2. Commissioner Sarnoff I think it was the opposite. We were discussing the opposite ordinances because D2.3 was the one --I apologize. You're -- Vice Chairman Sanchez: No, no. Commissioner Sarnoff -- right. City ofMiami Page 44 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: D2.2. Commissioner Sarnoff You're right, you're right. Vice Chairman Sanchez: Yeah. Commissioner Sarnoff I apologize. Vice Chairman Sanchez: Let me just state for the record -- Chairman Gonzalez: We approved the other one. Commissioner Sarnoff You're right. Vice Chairman Sanchez: Out of respect for the district Commissioner and my colleagues, I have never done that in the history that I've been here, second it for a vote. The district Commissioner wanted a vote on the issue, and therefore, I second it because felt -- I felt that it needed a purpose of discussion on the item and a vote on the item, and I voted against it because that may come across as -- Commissioner Sarnoff I take -- by the way, I take no -- Vice Chairman Sanchez: No offense whatsoever, Marc. Commissioner Sarnoff -- offense whatsoever from any of the Commissioners that vote or oppose anything that I do. Sometimes, in my impetuousness, my speed at which I like to see government work, the simplicity sometimes of what I see things, I like to move things along. I hope D2.3 and D2.2 become ordinances. I will direct the City Attorney to work with the City Manager and to bring it forth as an ordinance, and to have whatever briefings are necessary. I think it's good law that should be applied today, but I take no disrespect to it. D2.4 07-00329 DISCUSSION ITEM DISCUSSION CONCERNING THE CREATION OF AN OPEN GREEN SPACE FUND. 07-00329 Cover E-mail.pdf WITHDRAWN Chairman Gonzalez: All right. We were supposed to take the public hearing items from PH.4 to PH.9 at 10:30 this morning. It's almost 12 noon. Commissioner Sarnoff, you still have another item, which is -- Commissioner Sarnoff No. I will -- for sake of time, I will withdraw that. Chairman Gonzalez: You will withdraw that? Commissioner Sarnoff Yes. Chairman Gonzalez: OK, then -- Vice Chairman Sanchez: Which item is that, Marc? Commissioner Sarnoff Green space. Chairman Gonzalez: Green space, D2.4. City ofMiami Page 45 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Sarnoff I'll bring it back up next Commission. Chairman Gonzalez: OK, great. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-00236 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF SHENANDOAH PARK BY THE AMERICAN CANCER SOCIETY FOR THE RELAY FOR LIFE EVENT BEING HELD APRIL 21-22, 2007. 07-00236 Legislation .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0138 Chairman Gonzalez: D3.1, Commiss -- Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. This is a standard -- it's a resolution of the City ofMiami Commission waiving the fees for the use of Shenandoah Park by the American Cancer Society for the Relay For Life Event, being held May 19. Chairman Gonzalez: Is there a motion? Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00277 DISCUSSION ITEM DISCUSSION CONCERNING COMPLAINTS OF ILLEGAL DUMPING IN AND AROUND THE HOME DEPOT STORE LOCATED ON SOUTHWEST 8TH STREET. 07-00277 Cover Memo.pdf DISCUSSED Commissioner Regalado: Mr. Chairman. City ofMiami Page 46 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: All right. Let's go back to -- Commissioner Regalado: IfI -- Chairman Gonzalez: -- the -- Commissioner Regalado: -- may. Commissioner Spence -Jones: Sure. Commissioner Regalado: I had somebody that is going to help me just in this -- and they can't come back in the afternoon. If you -- Chairman Gonzalez: Yeah. Let's do it now. Commissioner Regalado: Thank you. Chairman Gonzalez: D -- Commissioner Regalado: D4.1. Chairman Gonzalez: -- 4.1. Commissioner Regalado: Thank you. D4.1, it's -- some of the complaints or a lot of complaints are residents of the West Little Havana area, which is now they have form an association. It's called gray -- Gables Gate Homeowners Association, and they are very active. These are people that live around the Home Depot, located on Southwest 8 Street and 29th Avenue. We have a long list of Code Enforcement cases that have been open and close, but the complaints keep coming. Some people in the area that have been there for many, many years believe that, in the United States, there are three things that you cannot ever avoid: One, death, taxes, and garbage and frash around Home Depot in Southwest 8th Street, so I just wanted to show you, my colleagues, the City Manager, the City officials, without words, some of the current pictures that we have taken, and then ask the City Manager and Code Enforcement to fry to be more active to see if, at least, we can remedy some of the problems. We will not be able to remedy all the problems because of the nature of the business. That is a very different business than any other business in the City ofMiami. That store is the biggest money -making operation in the whole national chain, and you have -- what you have in your screens is a series of pictures. These are residential sfreets. These are residential sfreets, although it says "No Trucks," but these are part of the parking picture. These are the sidewalks of people that live there. Again, residential streets around Home Depot. Again, the parking lot. These are curbs near residential street -- on residential sfreet. These are also residential streets, and you know, people -- these are residential sfreet -- do park around and they forget the shopping carts; there is a lot of vendors, and so we have a situation, which is not normal. We have done whatever we need to do with the people that run Home Depot, and you know, to be fair, when a store sells merchandise at lower price, they have to reduce expenses, the overhead, so let's not hope that we are going to see Home Depot hiring 20 or 30 persons to clean up the neighborhood. That is not the nature of the business. Business are here in the United States to make money, so it's up to us, in the City government, to help those residents that really -- some of them are fed up, and they cannot take it anymore, like that famous movie, so you saw the pictures. They speak more than a thousand words, and these are current pictures. We have this problem, and you know, I am not going to do a Carnival Center on the Manager and ask that all the resources of Code Enforcement will be sent to Home Depot, but I really think that we just need to check and check and check everyday. Just go by. I'll go by there. Go by, and whatever is wrong, then at least, let's send a letter. Let's build a case, because you know what? The problem that we're having -- and the Manager knows about this -- is that people that go to Home Depot are dumping illegal frash in front of residents' City ofMiami Page 47 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 houses, and then the good inspector from Solid Waste will come and cite that residence, so these are twice collateral casualties. Their homes are ugly because someone dumps illegal trash in front of their homes, and then they get cited because the frash is in front of their homes, so help me out here, Mr. Manager and Mariano, because I think that the people do deserve a response, and let me tell you. There is nothing we can do by asking the store to have a different position in terms of controlling the flow of people in there. That is impossible. It will not happen. It is the nature of the business. People will continue to go there. People will continue to park in residential sfreets to avoid the gridlock in the parking lot. People will bring their carts to the residential sfreets and load what they bought in their cars, and when they finish, people will not go back one block with the empty cart to put it back where it belongs. The people that are buying stuff the handymans [sic], will dump the concrete slabs and use construction materials in front of houses because they do have to unload and load the merchandise that they buy, so it's because that business that the situation is like that, and just wanted to hear from the Manager to see, at least, if we can understand how we can help these people in the area. Pedro G. Hernandez (City Manager): Commissioner, obviously, the first approach ought to be to intensify our monitoring from the Code Enforcement side, especially on the residential impact side of it, which is where we're affecting the people's quality of life, and I was just talking to Mariano from Code Enforcement to go ahead and do that, and look at the residential sfreets and how we can keep those areas cleaner and be sure that we don't place the blame on residents when we have illegal dumping in the neighborhood related to, let's say, Home Depot construction -related activities. Commissioner Regalado: And how can we figure out that? Mr. Hernandez: I was thinking about that, and the best way, I think, is to work with the residents and alert them to call 311 so we know that there is an illegal pile in front of their home, or by us going by there on a daily basis and identifying the dumping sites -- Commissioner Regalado: OK. Mr. Hernandez: -- or the material, the -- Commissioner Regalado: OK. To ask you, that would probably be too much, because I know how overwhelm is the department, but here's my commitment. I will start sending reports and letters to all abutting residents, and working with Gables Grove -- Gables Gate Homeowners Association, and ifI can say to them that whenever they see a pile of trash, construction debris in front of their homes or in the corner, they call 311 and register the address, then they will not be fine by -- Mr. Hernandez: That's correct. Commissioner Regalado: -- the Solid Waste inspectors. Mr. Hernandez: That's correct, Commissioner. Commissioner Regalado: OK. Remember, you know, friendly fire kills. You know what mean? And so other than that -- I mean, I just don't know what else to do with that situation. Mr. Hernandez: Well, I think that through enforcement, we should be able to have a greater expectation of the maintenance ability of the Home Depot itself not only in the parking area, but surrounding sidewalks, curbs, sfreets. I think that through enforcement, we can send a message that they got to do better -- Commissioner Regalado: I think -- City ofMiami Page 48 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Hernandez: -- period. Commissioner Regalado: -- that the cases that Mariano gave me is about two pounds. Yeah, weighs about two pounds, and they are resilient because they're doing the same here on 32nd and US 1. I mean, they just do what they think is good for the business and forget about the Code, but maybe. I think we just need to protect, somehow, the residents, and I'm telling you, some of the resident [sic] have been affected twice by the garbage, by the trash, and by the fine that -- of the garbage that they didn't -- did not create, so you know, if we can do that, and if we can again -- and frust me, I will be around there, and our staff will be around there taking pictures to show again to the City Commission if this doesn't work. Chairman Gonzalez: All right. Mr. Hernandez: Commissioner, even though the -- let's say the conditions within the parking lots are not acceptable either. At least, those are within the parking lot can be somewhat block from the outside view by the hedges. I want to concentrate on their impact on the residential community; on the sidewalks, on the curb and gutters, on the (rucks traveling and parking where they shouldn't be as the first push, and then continue with their parking areas, butt would like to first take a look at what has an impact on the quality of life of the residents. Commissioner Sarnoff Can I speak for a moment, Mr. Chairman? Chairman Gonzalez: Yes, sir. Commissioner Regalado: Sure. Chairman Gonzalez: Go ahead. Commissioner Sarnoff Mr. Manager, this is not a unique situation to Southwest 8th Street. Having spoken with the former Mayor of Pinecrest, I learned that the Pinecrest Home Depot was cited daily -- I don't know if it was a thousand or fifteen hundred dollars a day -- for 365 consecutive days, and they would simply pay the fines. It was not until -- and it was not until that they were issued a cease and desist order, which meant they would be closed in ten days, that they complied, so you should understand the business in which you're dealing with. You should understand their corporate mentality. The corporate mentality of Home Depot simply is that they are bigger than anyone that exist. They are the second largest corporation retail in America, so I would suggest to you that should your Code enforcement efforts be resisted or fail, that you may wish to consider something that the good Mayor of Pinecrest considered, which was the only thing they understand is when their doors is closed, and that is they're not going to be making money that day, so I would recommend and ask you to consider maybe looking at the file in Pinecrest just to take a brief look at it to see what happened over there, because the only way they came into compliance -- they were more than willing to pay, I don't know if it was five hundred or fifteen hundred dollars per day, and they paid it every week, the Mayor said, and it was only until a cease and desist order was provided, where they were no longer allowed to do business in the City of Pinecrest, that they actually came into compliance. This is the corporation that we're dealing with. It's not unique, and it's not unique to Pinecrest either, and it's not unique to Southwest 8th Street. This is the nature of their retail business. They are a big box, extremely similar to a wholesale club, which some people like to think is a membership wholesale club, which the City, for some odd reason, has different rules and regulations for because they consider that to be a large retail operation, and I would suggest to you there's -- probably is no larger retail operation than a Home Depot in the City ofMiami, so before we open up any other of these big boxes, such as a Home Depot, we should consider the nature of the corporation that we're dealing with. City ofMiami Page 49 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: And you know, the thing here is first to protect the residents, and I really appreciate that, Mr. Manager, but the problem won't go away because the nature of the business is what it is. Like I said from -- in the beginning, they are not going to change their ways, but I believe that if we start using, like we spoke yesterday, the Nuisance Abatement Board -- because you know, sometimes places are -- become nuisance, and I understand that lawsuits are involve and litigation and all that, but you know, in -- the federal government has the Rico Act, when someone makes -- commits a crime and a crime and a crime, and Nuisance Abatement work -- Board that never mets [sic], it's a tool to deal with these issues, so you know, we need to keep a record, and the problem is that the record that has been kept until now is we open a case; they comply; we close the case. We open a case; they comply; we close the case, and with that they are living day by day, and it is a shame that we do not go after the root of the problem, which is the company itself so hopefully, we will have a report from Code Enforcement, and hopefully, we will have another discussion, but don't get your hopes high; they are not going to change, simple as that. We have to do our own battle. D4.2 07-00309 DISCUSSION ITEM DISCUSSION CONCERNING THE CLEANING AND MAINTAINING OF TRAFFIC CIRCLES AND MEDIANS IN CORRIDORS. 07-00309 Cover Memo.pdf 07-00309 E-mail.pdf DISCUSSED Chairman Gonzalez: D2 -- D4.2. Commissioner Regalado: It's going to be very brief. It's -- well, something similar, but different. There is one of a director of a homeowners association that was cleaning one of the circles on a Sunday, and actually, the entrance to Coral Gate, and he place -- he did that as a volunteer job, like he does -- he used to do, and he mow the lawn, pick up the trash, and the only day off he has was Sunday, so he did it on Sunday, put the pile across the street, so Monday an inspector comes and cite him for illegal dumping, and fines him $500. He went to the special master, and it was mitigated to 250 because he was doing volunteer work, but the guy refuses to do it anymore, and -- because you know, he was doing a favor, and like -- again, friendly fire, and the curious thing is that the inspector said, "What do you do that? The City is supposed to do that," so my proposal to the Manager yesterday was, look, we need and we have people that want to adopt a circle, but we need to establish the rules, you know. Don't kill those people that help us. We need to establish some kind of rules with the homeowners association, so they are willing to adopt the circles and maintain the circles and clean the circles and the gateways, but we need to establish some kind of regulations and protect them from this kind of situation that are really awkward, so I know that the Manager is working on that, so I will not take more time, Mr. Chairman, so I -- Chairman Gonzalez: All right. Commissioner Regalado: -- just wanted to say that there're group of homeowners association that are willing to adopt a circle and work as volunteer helping the City on it. Thank you. Chairman Gonzalez: Thank you. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00240 RESOLUTION City ofMiami Page 50 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF HADLEY PARK BY MIAMI-DADE COUNTY FOR AN ADOPT -A -TREE EVENT BEING HELD IN SEPTEMBER, 2007. 07-00240 Legislation .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0141 Chairman Gonzalez: All right. We're going to break for lunch. Yes. Commissioner Spence -Jones: Mr. Chairman, I guess you're going to come back and do my -- because I still have my blue pages to do. Chairman Gonzalez: If you -- Commissioner Spence -Jones: Mine are pretty quickly -- Chairman Gonzalez: You can do them right away? Commissioner Spence -Jones: Yeah. I just want to do -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- ifI can. Chairman Gonzalez: Let's do it. We got -- we still got ten minutes. All right. Commissioner Spence -Jones: OK. Chairman Gonzalez: D5.1. Commissioner Spence -Jones: D5.1 is simply a resolution, you know, regarding the Hadley Park. I move it. Vice Chairman Sanchez: Wait, wait, wait, wait. What is it, D --? Commissioner Spence -Jones: It's adopted -- Chairman Gonzalez: D5.1. Commissioner Spence -Jones: -- it's waiving the fees for Adopt -A -Tree Event. Chairman Gonzalez: The waiver of fee and County Adopt Tree [sic] Event at Hadley Park. We have a motion on D5.1. Do we have a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. It's a public hearing. Anyone from the -- no, I'm sorry. Vice Chairman Sanchez: No, it's not a public hearing. City ofMiami Page 51 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: It's not a public hearing. Commissioner Spence -Jones: Huh? Vice Chairman Sanchez: It's not a public hearing. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. D5.2 07-00302 DISCUSSION ITEM DISCUSSION TO HAVE THE MIAMI CITY COMMISSION EXPRESS ITS DESIRE TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE THAT IT WOULD LIKE TO CODESIGNATE NORTHWEST 17TH AVENUE FROM NORTHWEST 36TH STREET TO NORTHWEST 71ST STREET, MIAMI, FLORIDA, AS "ATHALIE RANGE AVENUE.", AND THAT THE REVIEW COMMITTEE TAKE ALL ACTION NECESSARY TO BEGIN TO EFFECTUATE SUCH CODESIGNATION. 07-00302 Cover E-mail.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, to request that Miami -Dade County designate 17th Avenue as "Athalie Range Avenue." Chairman Gonzalez: D5.2. Commissioner Spence -Jones: And the other one is in reference to the codesignation of a new street after Athalie Range. I know that normally this does not come this way -- Chairman Gonzalez: Right. Commissioner Spence -Jones: -- but I wanted the Commission to send a joint message to the County Commission that 17th Avenue be designated Athalie Range Avenue, particularly since her business is on 17th Avenue. As you know, she served on this Commission, and we just recently lost a icon in our City, and she was a real fighter and a real leader -- Commissioner Regalado: Yes. Commissioner Spence -Jones: -- so I really, really wanted to see whether -- Vice Chairman Sanchez: So -- I'll second it. Chairman Gonzalez: OK. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye" -- City ofMiami Page 52 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: -- on D5.2. Motion carries. Commissioner Spence -Jones: I think that his grandson would like -- her grandson would like to say -- Chairman Gonzalez: Oh, I'm sorry. Go ahead. N. Patrick Range: Just bear with me. Thank you so much, Mr. Chairman and members of the Commission. Just very pleased to be here today. My father was also here earlier and had to leave, unfortunately, but we're so pleased, and thank you so much, Commissioner Spence -Jones, for leading the charge on this. Certainly, we're just very pleased and very honored that you all would think it proper to remember her and remember her legacy. Certainly, she was a dedicated citizen and one that the family is very proud of and one thatl hope the City is proud of as well, so thank you so much for -- Commissioner Spence -Jones: She definitely deserves it, and there's more to come. Mr. Range: -- and then I also wanted to thank you publicly, as well as the Mayor, for recently appointing me to the Virginia Key Beach Park Trust. I wasn't able to be here when that item came up. I believe it was last Commission meeting, but I'll be continuing on in her stead in that regard, and I very much so looking forward to working with each of you to see that project through, as that was certainly one of her -- Commissioner Spence -Jones: Dreams. Mr. Range: -- major accomplishments and dreams that she was looking forward to, so -- Commissioner Spence -Jones: Thank you, Patrick. Chairman Gonzalez: Thank you. Mr. Range: -- thank you very much. D5.3 07-00303 DISCUSSION ITEM DISCUSSION URGING THE FLORIDA LEGISLATURE TO ENACT A JOINT RESOLUTION PROPOSING THE ADOPTION OF A CONSTITUTIONAL AMENDMENT TO AUTHORIZE LOCAL GOVERNMENTS TO ACCEPT/RECOGNIZE RESTRICTIVE COVENANTS LIMITING THE USE OF PROPERTY TO AFFORDABLE/WORKFORCE HOUSING FOR TEN (10) YEARS OR MORE, AND TO PERMIT GOVERNMENTAL PROPERTY APPRAISERS TO VALUE SUCH PROPERTY AS AFFORDABLE/WORKFORCE HOUSING. 07-00303 Cover E-mail.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, to urge the Florida Legislature to enact a joint resolution to authorize local governments to accept restrictive covenants. Chairman Gonzalez: D5.3. Commissioner Spence -Jones: Again, this is just basically a piggyback item, urging the Florida City ofMiami Page 53 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Legislation [sic] to react [sic] the joint resolution, you know, the resolution that the County has already passed regarding the restricted covenants. Basically, that's what this is. Chairman Gonzalez: We have a motion on -- Commissioner Spence -Jones: So -- Chairman Gonzalez: -- D5.3. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D5.4 07-00304 DISCUSSION ITEM DISCUSSION CONCERNING THE PROCESS OF THE TRANSFER OF PROPERTY FOR THE REHAB OF SIX UNITS TO MEET THE HOUSING CRISIS IN THE CITY OF MIAMI. 07-00304 Cover E-mail.pdf DISCUSSED Commissioner Spence -Jones: And the last -- Chairman Gonzalez: D5.4. Commissioner Spence -Jones: On D5.4. This is the discussion concerning the process of the transfer of the properties for the rehab, six units. Remember, we had three different buildings that we were looking at. Just needed to get an update. Barbara's not here, but maybe the Manager can give us a quick update, because we've made promises on these units. Pedro G. Hernandez (City Manager): Commissioner, I know that Community Development had developed the estimate. I don't have it here with me. Allow me to bring that information back to you. This is similar to what we did for the four -unit building that we have underway now, butl don't have the data with me. I think it's another doable project. Commissioner Spence -Jones: I think that they've already sent some -- to my understanding, they've already sent someone out; we're waiting to get the estimates. We should have them back by Friday. I just want to make sure that we're ready to go with it by the next Commission meeting -- Mr. Hernandez: IfI can -- Commissioner Spence -Jones: -- with an update. Mr. Hernandez: -- get them before the end of the meeting today, I'll -- Commissioner Spence -Jones: Here she is. Mr. Hernandez: OK. Commissioner Spence -Jones: The lady of the hour. City ofMiami Page 54 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Hr. Hernandez: Six -unit building. Barbara Gomez (Director, Community Development): We did do write-ups, and they're -- right now, today, the developers are going there looking at the building that they will be bidding on, so we're in the process of selecting the general contractor. Commissioner Spence -Jones: And I just wanted to mention -- thank you -- one of the things that I'd like to see happen, Commissioner Sarnoff, I'm interested in using these units for kids fostering out, aging out, fostering out -- I think you just recently did an event regarding that in Coconut Grove. I would like to find out who that agency is because that's a big number of homelessness group -- a group that's growing now in my district of foster children that are now 18, 19, and have nowhere to go -- Commissioner Sarnoff Right. Commissioner Spence -Jones: -- so if you -- Commissioner Sarnoff I -- Commissioner Spence -Jones: -- can get that data to me, I would love to look at that. Commissioner Sarnoff -- will get that to you. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Any action on D5.4? Commissioner Spence -Jones: No, not -- she just was giving us a report, sir. Chairman Gonzalez: Just a report? Commissioner Spence -Jones: Yes. D5.5 07-00305 DISCUSSION ITEM DISCUSSION CONCERNING THE CITY'S PARTICIPATION IN THE REHABILITATION OF 151 UNITS FOR THE TOWN PARK VILLAGE #1 CO-OP LOCATED AT 1680 N.W. 4TH STREET WITH THE LISC (SOUTH FLORIDA LOCAL INITIATIVES SUPPORT CORPORATION). 07-00305 Cover E-mail.pdf DISCUSSED Commissioner Spence -Jones: And then I'm -- the next one we can go ahead. Chairman Gonzalez: And you're done? Commissioner Spence -Jones: D5.5. Chairman Gonzalez: D5.5. Commissioner Spence -Jones: Barbara, I just need you to put on the record -- this is in -- regarding the Town Park. You know, they presented last week, and Barbara was to come back this week. This is regarding the dollars for the roofing that was coming from Blue Roofs [sic], City ofMiami Page 55 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 the $150, 000 commitment. I just want to make sure that we have that (UNINTELLIGIBLE). Ms. Gomez: I had a meeting yesterday with Ron Book from Blue Roof. They're working on the estimate. They don't have the exact estimate. They are going to be committing $10, 000 themselves, and I will be bringing back an item April 12 for whatever amount is needed up to that 150. Commissioner Spence -Jones: OK, so I just want to be clear, so we are making the -- we're making a commitment to make sure we complete their roofs, but we're -- whatever Ron Books [sic] is going to put into that, then we'll cover everything after that, correct? Ms. Gomez: Correct -- Commissioner Spence -Jones: OK, so that's like -- Ms. Gomez: -- and it will be on an agenda, April 12. Commissioner Spence -Jones: OK. The exact dollar amount? Ms. Gomez: The exact dollar. Commissioner Spence -Jones: But we should feel confident that it's happening? Ms. Gomez: Yes, it is. Commissioner Spence -Jones: All right. Thank you. Chairman Gonzalez: All right. That's it? Commissioner Spence -Jones: That's it, sir. City ofMiami Page 56 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PUBLIC HEARINGS PH.1 07-00288 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 ADVANTAGEOUS 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 ("CITY'S") DEPARTMENT OF PUBLIC WORKS THAT FUEL MIAMI, LLC., A DELAWARE LIMITED LIABILITY COMPANY ("FUEL") 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; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR BUS BENCH AND BUS SHELTER DESIGN, INSTALLATION AND MAINTENANCE ("AGREEMENT"), WITH FUEL AND WITH FUEL OUTDOOR, FOR A TWENTY (20) YEAR TERM, WITH SUCH TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT. City ofMiami Page 57 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Votes: 07-00288 Legislation .pdf 07-00288 Exhibit .pdf 07-00288 Exhibit 2 .pdf 07-00288 Exhibit 3 .pdf 07-00288 Exhibit 4 .pdf 07-00288 Exhibit 5 .pdf 07-00288 Exhibit 6 .pdf 07-00288 Exhibit 7 .pdf 07-00288 Exhibit 8 .pdf 07-00288 Exhibit 9 .pdf 07-00288 Exhibit 10 .pdf 07-00288 Exhibit 11 .pdf 07-00288 Exhibit 12 .pdf 07-00288 Exhibit 13 .pdf 07-00288 Exhibit 14 .pdf 07-00288 Summary Form.pdf 07-00288 Notice of Public Hearing.pdf 07-00288 Memo.pdf 07-00288 Summary of Manager's Findings.pdf 07-00288 Pre -Legislation .pdf 07-00288 Pre -Legislation 2 .pdf 07-00288 Competitive Sealed Bidding .pdf 07-00288 2006 Florida Statutes .pdf 07-00288 Letter .pdf 07-00288 Pre -Attachment .pdf 07-00288 Letter 2 .pdf 07-00288 Agreement .pdf 07-00288 Pre -Attachment 2 .pdf 07-00288 Corporate Resolution .pdf 07-00288 Amendment .pdf 07-00288 Amendment 2 .pdf 07-00288 Agreement 2 .pdf 07-00288 Pre -Legislation 3 .pdf 07-00288 Amendment 3 .pdf 07-00288 Pre -Legislation 4 .pdf 07-00288 Amendment 4 .pdf 07-00288 Professional Services Agreement .pdf 07-00288 Pre -Attachment 3 .pdf 07-00288 Pre -Attachment 4 .pdf 07-00288 Pre -Legislation 5 .pdf 07-00288 Letter 3 .pdf 07-00288 Special Release .pdf 07-00288 Special Release 2 .pdf 07-00288 Bill of Sale .pdf 07-00288 Fuel Outdoor .pdf 07-00288 Submittal Letter & Photos.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0129 City ofMiami Page 58 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: PH.1? Chairman Gonzalez: PH.1. Pedro G. Hernandez (City Manager): Mr. Chairman, PH.1, it's a confract with Fuel for the provision of bus shelters citywide in the City ofMiami. We currently have a contract for bus benches with Fuel, who actually acquired the Sarmiento confract, and that's for bus benches, and it allows up to, I think, 1,100 advertising panels, as far as the installations. Our goal and your goal of all the Commissioners is to have bus shelters as soon as possible in the City of Miami. The confract that you have before you allows for 600 shelters to be installed within the next three years. It also has a certain control on the number of advertising panels that you will see across the City, so we will have more jurisdiction as to where not to have advertising. I have looked very carefully, over the last two to three months, at the other options available to the Administration. We could have piggyback on a County contract; we could have done a competitive selection process, but those two options would only allow me 200 sites, as the present Fuel confract has control, over the next ten years, of the remainder of the bus stops in the City ofMiami, so ifI was to go any other way, the maximum that I could deliver for you would be 200 for the next ten years. With this proposal, we will have 600, and possibly more, over the next three years, so with that said, you know, the goal here is to provide that need that the residents have to have shelter when they wait for public transportation, and I think that this will do it for us. The Public Works director, Stephanie Grindell, has a few more items that she wants to add into the record for your benefit. Stephanie. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is a resolution authorizing the Manager to execute a bus shelter agreement with Fuel and -- Miami LLC and Fuel Outdoor Holdings. This agreement is going to incorporate the provisions of the old agreement, plus add to it 600 shelters. The six hun -- of the 600 shelters, Fuel will be allowed to determine the locations of 100, and the City will be able to determine the location of 500. Of the 600, only 100 -- Chairman Gonzalez: On the -- excuse me for interrupting you -- option of the City to determine where the bus shelters are going to be placed, Mr. Manager, I believe that no one better than each Commissioner know exactly the locations of the -- or priority locations of the bus shelters. There are areas, specifically in my district, where I have senior citizens that have to stand to wait for a bus under the rain, under the sun, under the worst of conditions. We have a lot of people in our disfricts, working-class people, that have to -- that depend on a bus to go to work that have to wait, and we know the sites because we -- each one of us have community meetings in our disfrict and know exactly, from first-hand, from the people in our disfrict, their needs. The Administration sitting on the 10th floor of the MRC (Miami Riverside Center) or the 7th floor of the MRC is totally out of reality on what's going on in each one of our disfricts, so I suggest that before determining the locations of these bus shelters, that you meet with each Commissioner and find out a bit about their priorities on the locations that need to be serve urgently. I've been getting complaints about bus shelters for the last six years. There are community centers where I go in each -- in every Mother's Day, Father's Day, Christmas Day, Thanksgiving Day, and the only thing that they're talking about is bus shelters, roof -- they call them roofs, you know, benches with a roof so they can be protected from the sun, from the rain, from -- you know, so -- Ms. Grindell: We agree completely. Chairman Gonzalez: -- I hope that you take that into consideration, and I don't know if my colleagues agree with me in that sense, but -- Vice Chairman Sanchez: I'm in a hundred percent agreement with you on the issue. City ofMiami Page 59 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Right, so you know, I don't want -- Mr. Hernandez: Mr. Chairman -- Chairman Gonzalez: -- this to -- Commissioner Regalado: That was the first comment that I made. Chairman Gonzalez: I don't want the Administration to, you know, take a hold of this contract and decide, you know, well, we're going to put them here, we're going to put them there, and then the most needed people be without service, so -- Mr. Hernandez: Mr. Chairman, I totally agree with your comments, and it is the Administration's intent to meet with every one of you -- Chairman Gonzalez: All right. Mr. Hernandez: -- and be sure that we follow your -- Chairman Gonzalez: Very good. Mr. Hernandez: -- lead in addressing your priority locations, disfrict by disfrict, no question about it. Chairman Gonzalez: Very good. I'm sorry. Go ahead. Ms. Grindell: The contract will also provide for 600 frash receptacles, one at each shelter. Chairman Gonzalez: Good. Ms. Grindell: It will also reduce the overall number of advertisements within the City limits -- Chairman Gonzalez: Good. Ms. Grindell: -- from a potential right now of 1,100 to -- down to 750. It also will include the maintenance of all 600 shelters, and that's about it. The vendor is here, if you have any questions. Commissioner Sarnoff Well, let me just -- Mr. Chairman. On behalf of District 2, the good news to District 2 is that we will gain no more panels, which to District 2 means advertising, than exists now and may reduce as much as 28 to 30. That's my understanding. Equally, where there is not a panel now, there will not be another panel -- let me say this right. Where there is not existing a panel, one will not be placed. Ms. Grindell: The first part of your comment, I would say yes. Commissioner Sarnoff OK. Ms. Grindell: I can't guarantee you that you won't have a panel where now -- if you don't have a panel now, you won't have one later, but you will not have an overall increase in the number of panels within your district. Commissioner Spence -Jones: Mr. Chairman. Commissioner Regalado: Mr. Chairman. City ofMiami Page 60 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Mr. -- Commissioner Regalado: Chairman. Commissioner Spence -Jones: -- Mr. Chairman. Chairman Gonzalez: Yes, go ahead. Commissioner Spence -Jones: OK. As you know, again -- I guess you stated it earlier, and that - - you know, we all -- both of us, I'm sure, (UNINTELLIGIBLE) constituents that you serve and probably, Commissioner Sanchez and I serve, our residents use -- probably use the buses more than anybody else. I mean, Liberty City, Little Haiti, Overtown, I mean, the folks use the bus all the time, and one of the biggest issues and concerns that I have always had was the fact that they don't have shelters. Many of them are standing out in the hot sun frying to get back and forth to work, or to wherever they need to go in order for them to live and survive. I -- my only concern, from day one, was -- and you know this, Pete -- making sure that the -- there was fairness in the process, making sure that everyone had the opportunity to bid on this confract. Now I do understand, however, though, after going back and forth with the Administration, that it only makes sense to take the existing agreement that we have, to expand on that because we would be able to get more for the residents that we serve. Ms. Grindell: Correct. Commissioner Spence -Jones: It was only because of this that I, you know, began to have, at least, a different viewpoint. I know that having -- adding to the process by putting it back out to bid would make it even longer for us to get the shelters that we have. Ms. Grindell: Right. Commissioner Spence -Jones: The only thing that I want to say to Fuel and to the clients that are actually -- and we've had a long discussion with, at least, staff regarding these issues -- is I really want to make sure that there is a serious level of community participation and support. A lot of these other bus shelter companies that get involved in some of the things that's happening within the community, they are -- they're active participants, and just the history that I had seen from the past organization caused me great concern, and after speaking to staff I see now that there will, at least, be opportunities for us to have promotional PSAs (Public Service Announcements) on those bus shelters and positive messages put on those bus shelters because, most of the times, in my district, we get a lot of the alcohol advertisements, Hennessey, Colt 45, and all of those type of things. Those things are always targeted towards my audience, to my residents, and I have a big concern with that, so I really want to make sure that, at least, there's some discretion or, at least, there's some sort of relationship that's built with the new company that's taking over the confract and the community. That was very important to me, and I think that was really the most important thing. I just felt the process needed to be fair, but it's now been explained, and I do understand it, and I really wanted to make sure that Fuel takes a active -- becomes actively involved in supporting local organizations in the community to make sure they promote positive messages. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Thank you. Finally, we have one contract for bus shelters and bus City ofMiami Page 61 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 benches, finally. During all these years, it have been confusing because, number one, I remember that, five years ago, we held like a public hearing to discuss the bus benches, andl was there, and 99.9 percent of the people wanted bus shelters because the rain, the sun, the wind, the hot weather, so finally, we are going to get a uniform system for the City. The second issue is the need. We understand that there is places -- there are places where you cannot place shelters because of the sidewalks and restrictions, and all that, but with this project, hopefully, we will be able to protect the people that really need to use public transportation. It is an irony that we keep asking the people to use public transportation, and yet, we don't offer them, at least, shelter and shade, so hopefully, we are going to see this contract moving. There's -- one thing that will like to put on the record -- and if you go to any major city throughout the United States or the world, in every bus shelter, the first thing that you see when you stand or you sit is the bus route. People -- some of them are used to take the same route, but it could happen that some people just happen to be there, and they need to know the route of the bus. That is a -- something for the Miami Transit Authority -- Mr. Hernandez: Right. Commissioner Regalado: -- to provide the routes, but think that we should work with Fuel and Public Works to have specific routes, connections, so the people have the information needed for that, and I just want to add to the Chairman's statement. You know, we know exactly when we need those shelters and benches, and we need, also, to continue having the input, in terms of when accidents happens, when bus benches are destroyed, or shelters are destroyed, that we need to convey immediately to the Administration and to the company the need to fix it. As I said in the past, this company has been great in fixing, in less than 24 hours, whenever we report the - - and if we cannot place a bus shelter in one corner, then we need to start thinking about planting a tree because shade is the most important thing in the City, due to the weather that we have, so I fully support the Manager's item, and I hope that we can jumpstart, in the next 90 days, the construction of the shelters, and hopefully, we'll have the input from all our colleagues. Ms. Grindell: Absolutely. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: It is a public hearing. I'd like to listen to the public, and then I'll address -- I'll make my statements. Chairman Gonzalez: All right. Anyone from the public that wants to address the Commission on this item? I'm going to allow two minutes per speaker. Grace Solares: Yes. Good morning -- Chairman Gonzalez: Good morning. Ms. Solares: -- Commissioners. My name is Grace Solares, 60 Southwest 30th Road. The only reason why I'm here is because yesterday, received a copy of an e-mail (electronic mail) from Ms. Karen Cartwright, a lady whom I actually write and have contact with once and a while -- she's from your district, Madam Commissioner -- and I'd like to give you a copy of her e-mail, just in the event you did not receive it, and I want to give you a copy of two photographs that were sent to me with reference to existing bus benches. They're not in Ms. Cartwright's district, but you will see that her e-mail addresses a situation where you have these things going on in her district and people going to work and going through -- getting to work soaked and wet, having to wait there, so I'd like to provide you this, and I commend you for the stand you just took on this particular issue. Thank you. City ofMiami Page 62 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Thank you, ma'am. Anyone else from the public that wants to speak on this item? Josie Correa: Hi. Good morning. For the record, I'm Josie Correa, the executive director of Downtown Miami Partnership. We're located at 25 Southeast 2nd Avenue, in downtown Miami. Most of you know me, but we are a community -based organization. We are currently administering several programs for community development for the City ofMiami CRA (Community Redevelopment Agency), the Miami -Dade Empowerment Trust, and the Downtown Development Authority. Our organization represents a membership of property owners, business owners, and residents within the downtown Miami area. DMP (Downtown Miami Partnership) supports the Manager and the Department of Public Works to provide bus shelters and bus benches under a combined agreement with Fuel. The contract appears to limit the number of ad panels citywide by about 50 percent, and provides for amenities, including garbage receptacles that are very needed in the Cenfral Business District. The long-term nature of this contract provides a level of predictability, and the contractor has demonstrated, at least over the past four years, that they do maintain their bus shelters. I would like to suggest, though -- as you all know, that we no longer will have buses on -- or no longer have buses on Flagler Street in the Cenfral Business District, so we want to make sure that we, as an organization, have input as to where these go in the CBD (Central Business District) because there are areas where, obviously, there are no buses, so we don't need bus shelters or bus benches -- Chairman Gonzalez: Right, that -- Ms. Correa: -- for that matter. Chairman Gonzalez: -- that's why I said that, you know, each Commissioner -- you know, the Manager should meet with each Commissioner and each Commissioner should set the priorities on the shelters -- Ms. Grindell: We also have -- Chairman Gonzalez: -- because, as you said -- Ms. Grindell: -- provisions in the -- Chairman Gonzalez: -- there are areas that don't need shelter. Ms. Grindell: -- contract where they cannot install a shelter or a bench with panel where there's not a stop. Ms. Correa: Great. While we dislike and slapping more advertising on the surface of the downtown CBD, and particularly, in the national register historic district. With all the activity, the diverse type of businesses, the -- you know, the different architecture that we have, the visual clutter is something that we deal with on a regular basis. At the same time, we understand that we are one neighborhood within many neighborhoods of the whole City ofMiami. Our membership understands that the citizens who regularly use transit and are not in a high visibility area, and so that the CBD will probably get a lot of these, unfortunately, but we would just like to state, once again, for the record, that we support this, the combination of these -- of the Fuel contract, and we look forward to working with Public Works and with the Manager to see that -- and with our Commissioner -- they are -- Commissioner Sarnoff Well, let me ask you a question, Ms. Correa. Ms. Correa: Yes. City ofMiami Page 63 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Sarnoff Presently, do you have panels in the CBD? Ms. Correa: Ad panels? Commissioner Sarnoff Yes. Ms. Correa: Yes, we do. Commissioner Sarnoff Too many or --? Ms. Correa: Well, right now, there is not a lot, but there are some in places where we don't even have buses, and there is one particular, which I brought to the attention ofMs. Grindell, which is right on Biscayne Boulevard by the One Biscayne Tower, where the bus bench is not even facing the street. The bus bench is facing the building, so it looks really weird, and obviously, it's not there for the purpose of residents or businesses, you know, to use it. Commissioner Sarnoff Let -- you mind ifI ask the question directly of the contractor? Ms. Grindell: Sure, sure. Commissioner Sarnoff It is my understanding -- and correct me, if I'm wrong -- that where there is not existing a bus panel, we will not net one in District 2. Simon Ferro: First of all, for the record, Simon Ferro, 1221 Brickell. I represent Fuel. With me -- I will answer your question, Commissioner -- today is Mr. Michael Freedman and Guillermo Victoria of Fuel, and also, my colleague, Lucia Dougherty, is also here. In relation to the specific question on your district, your understanding is correct, as far as we're concerned. Where there is not an advertising panel today, there will not be an advertising panel tomorrow under this agreement. Commissioner Sarnoff And the last question I have, is there any reason there would be a panel without some sort of a -- either a -- why would there just be a panel with nothing else there? And I know that may not be able to be answered by you, since you didn't put it there, but -- Mr. Ferro: Well, again, we will -- we'll look into that -- Commissioner Sarnoff OK. Mr. Ferro: -- Commissioner. IfI may -- unless -- have you finished? Ms. Correa: Yeah. Mr. Ferro: OK. Ms. Correa: I'm finished. OK, thank you. Mr. Ferro: First of all, we appreciate this opportunity. We thank staff for the many months of negotiation, very serious negotiations and very comprehensive analysis that has been done on this confract. I'm not going to reiterate all the positive things that we believe come with this contract, but I think there's a huge value, as Commissioner Regalado said at the beginning, of finally merging these two contracts. This is something that, I believe, the City has always wanted to do. The timing of it, when the bus bench confract came about and there was still time left on the bus shelter contract, you know, the -- it was not the right time and the right place. This is the right time and the right place, and luckily, you can do so by merging it into the bus bench City ofMiami Page 64 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 agreement, which, as you know, belongs to a vendor that has had a very solid relationship with the City, so that said, we -- and Fuel has, obviously, as you know, agreed to maintain the same staff that was with Sarmiento; knows the City, knows the needs of the residents of the City, knows the needs of your specific districts, and we commit to continue the very same level of service and of attention to the details. If there are some things that, you know, slip by, you know, a call to Fuel or Sarmiento gets it done right away, so we believe that you not only reduce the number of panels that you would have otherwise if you were going to do, you know, a separate contract, but you know, there is income to the City. There is immediate service, in terms of putting up the bus shelters, starting immediately, and it's a very known quantity and a very reputable contractor that you have, so with that said, I would ask that the agreement be approved, per the recommendation of staff and the Manager, and if you have any questions relating to anything, we're here to answer -- ask -- answer the questions. Commissioner Spence -Jones: Stephanie. Chairman Gonzalez: Before calling the question -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- I -- Vice Chairman Sanchez: There's one more -- Commissioner Spence -Jones: I'm sorry. Chairman Gonzalez: Oh, I'm sorry. Vice Chairman Sanchez: -- public speaker. Commissioner Spence -Jones: You want the speaker to --? Chairman Gonzalez: Yeah. Commissioner Spence -Jones: OK. I just -- then I want to add something. Go ahead. Joyce Nelson: Joyce Nelson, 2535 Inagua, Coconut Grove, and as Mr. Regalado said, I was here also five years ago, this whole issue, so it's nice we're having these. The County put in beautiful glass -etched bus benches, and as I drove around the County, I realize that they forget trashcans, and I had spoken to -- Vice Chairman Sanchez: We won't make that mistake. Ms. Nelson: -- Commissioner Morales at that time -- what? Vice Chairman Sanchez: We're not making that mistake. Ms. Nelson: Good. I was just going to say I hope we don't do that because it -- Chairman Gonzalez: They -- Ms. Nelson: -- beautiful benches with trash everywhere. Chairman Gonzalez: -- they're going to include trashcans. Commissioner Spence -Jones: They include (ashcans. City ofMiami Page 65 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Nelson: Great. Chairman Gonzalez: Before -- anyone -- Commissioner Spence -Jones: You have another one. Chairman Gonzalez: -- else? Yes, ma'am. Marcie Weber: Yeah, just a quick one. Marcie Weber, 2525 Swanson. I live in Coconut Grove. The bus shelters are great, and it's great to see them going through citywide. However, one thing, I also think that the advertising can sometimes be offensive, and as much as it can generate wonderful revenue, at the same time, maybe we can combine two things together, something that generates some revenue with City maps of the actual connectors and of-- similar to New York, where you actually have maps of the citywide system and how you can get to where and -- you know, actually drawing out the routes, so that would make it effective. Maybe on the bottom, there could be a tagline, which would help pay for it, so that's -- Chairman Gonzalez: Thank you. Ms. Weber: -- just my two cents. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Yes, sir. Luis Herrera: My name is Luis Herrera. I'm the president of Vizcaya Homeowner Association. Only I want to say I'm going to support (UNINTELLIGIBLE), whatever he give to you. Thank you. Chairman Gonzalez: Thank you. Anyone else from the public? All right. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: Yes, Commissioner -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- yes, Chairman. This is the only thing I just wanted to ask Stephanie. We have not -- there's no designs on what the shelters will look like at all at this point, right? Ms. Grindell: Actually, there is. Commissioner Spence -Jones: OK. Ms. Grindell: We actually have -- Commissioner Spence -Jones: I mean, I'd like to, at least, see them because we had not had opportunity, and I did ask to see them -- Ms. Grindell: Sure. Commissioner Spence -Jones: -- and then the last thing I just want to make sure that we do City ofMiami Page 66 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 include is making sure that we have local participation, minority participation somehow, making sure that local residents are participating in whatever is going to happen, as far as this contract is concerned because I think it's important for Miami citizens or Miami residents to be a part of that. Ms. Grindell: I do, too, and we've already discussed that with the vendor. Commissioner Spence -Jones: No -- so, Mr. Chairman, I'm -- after we see this -- ready to -- Chairman Gonzalez: One thing that I want to add, before calling the question, is one thing that I -- and I agree with Commissioner Regalado -- have been very impressed with this company is their response. Every time that I have called in my district in reference to a broken bench, within 24 hours, they have been there to replace the bench or take care of the problem. Also, one thing that really concerned me is the issue of graffiti because we see it all over the place, and they have assure that if we have any problem of graffiti in one of these shelters, they will respond to solve the problem the same way that they have been responding to solve the problem with the benches, so that's great. That's a great guarantee, you know, and I think it's very positive, and I agree with you, Tomas, that, you know, their response to our calls and needs for the citizen has been superb. Also, I believe, according to what I, you know, was brief I was told that there will be two size panels; one side [sic] panel will fit narrow sidewalks. Ms. Grindell: Actually, there's going to be one size panel, but the shelters themselves will be more narrow. Chairman Gonzalez: I mean, the pan -- Commissioner Sarnoff Right. Chairman Gonzalez: -- the shelters. Commissioner Sarnoff Right. Ms. Grindell: Yeah, the shelters will be more narrow. There's a version of one of those here -- Chairman Gonzalez: Right. Ms. Grindell: -- so that in areas where we may not have the right-of-way and we know we need one, we'll be able to utilize those. Chairman Gonzalez: OK. Commissioner Regalado: When are we going to be able to start giving our input as to the possible locations? I understand that Public Works has to decide whether the size fit or whatever, but -- Ms. Grindell: OK Well, we are -- Commissioner Regalado: What is the timeline for construction, beginning when and -- Ms. Grindell: OK Chairman Gonzalez: That was -- Commissioner Regalado: -- how much? City ofMiami Page 67 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Grindell: Well, first -- Chairman Gonzalez: -- going to be my question. Ms. Grindell: -- we will be reaching out to the Commissioner's office within the next two weeks. We are working right now on the information provided by the County, their recent study, as far as ridership. They did a new study that shows for every particular bus stop, how many people get on and off. Once we have that, we'll be meeting with each of the Commissioners to find out if there's locations that we missed or locations that you think don't need shelters that we -- maybe we have identified with shelters. That -- we should be reaching out to you within the next two weeks for that. Commissioner Spence -Jones: Two weeks? Chairman Gonzalez: But I -- once again, I don't want to go the mistake -- you know, I don't want to go by what the County says. We need to go by what we said, we, the City ofMiami Commissioners, we. Commissioner Regalado: You know -- Ms. Grindell: Absolutely. We agree -- Chairman Gonzalez: We -- Ms. Grindell: -- that you all know your districts better than we do, obviously -- Chairman Gonzalez: Right. Ms. Grindell: -- so we have to have your input on it. Commissioner Regalado: Yeah, but the thing is, there was a report the other day about ridership, and the report was not correct because you can base a report on peak hours. You can base a report on Saturdays and Sundays, or weekdays, or workdays, but there are sites where, example, elderly residents take the bus to go to the doctor and to buy stuff. Ms. Grindell: Absolutely. We've considered also -- Commissioner Regalado: That's on and off so you cannot decide the site for the number of people, but for the need of the -- Chairman Gonzalez: Of the people. Commissioner Regalado: -- neighborhood, and I'm just -- I'm beginning to get nervous, like the Chairman -- Chairman Gonzalez: Yeah, you know. Ms. Grindell: You don't need to be. Commissioner Regalado: -- with a -- Ms. Grindell: You don't need to be. Commissioner Regalado: -- report from the County, you know, because -- City ofMiami Page 68 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Grindell: That's just the starting point, rather than just giving you a map and say pick where you want them. Chairman Gonzalez: How -- let me ask a question from the company. How soon can they start manufacturing these shelters? Mr. Ferro: Well, Mr. Chair, what I -- Chairman Gonzalez: I mean, because we need to talk on those terms, Tomas. I mean, we need to have commitments from the vendors, you know. If we're going to go by the Administration, you know what? Probably, January next year we'll be talking about the bus shelters and where they're going to be installed, and the need has been there for the last ten years, so we need to -- now that we are on the right track to solve the need of the people, we need to, you know, be on top of it and get a solution. Mr. Manager -- where is the Manager? Did he left? Mr. Manager, when is this company ready to start building the shelters? Mr. Hernandez: Mr. Chairman, they have told me that they will be getting their first batch, which may be 60, 75, in about -- Ms. Grindell: Why don't we let them address that? Mr. Hernandez: -- May, June. Chairman Gonzalez: You, please. Mr. Ferro: Mr. Chairman, yes. I'd like to introduce Mike Freedman, who is the CEO (Chief Executive Officer) of Fuel Outdoor, and he can answer that question, but I will tell you, the -- we are as committed as the Administrator -- the Administration, the Manager, and staff is to getting these bus shelters on the ground and built as soon as possible, but I'd like to have Mr. Freedman answer the question and address the Board. Chairman Gonzalez: OK. When can we expect to have the first 70 --100 shelters, 75 shelters? When can we have them? Michael Freedman: Mike Freedman, CEO of Fuel Outdoor, 2610 North Miami Ave. To answer your question, Mr. Chairman, we will -- if we sign the contract today, in eight weeks, two months, we'll have the first 25 shelters delivered to Miami. It will take us two weeks to install those 25, and then, within another four weeks past that eight -week per -- that two -month period, we'll have the next batch of 25 here, so it will roll from there. Chairman Gonzalez: OK. Commissioner Regalado: It's fair. Commissioner Spence -Jones: Mr. Chairman, can --? I just want to add just two things real fast, Stephanie, and this is really more of a question for the City Attorney, Robin. Robin Jones Jackson (Assistant City Attorney): Yes. Commissioner Spence -Jones: Can I ask if --? We talked about how well Sarmiento has done with maintaining the benches that we currently have. What is in the current agreement now if they do not -- if the new company -- we're talking about the new one that's taking over this agreement now -- does not have the same level of care and consideration to make sure that these bus benches stay clean, stay safe, and all the things that they -- we said Sarmiento has done? What -- in the current agreement, is there any clause or any penalties that's given to them City ofMiami Page 69 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 because of that? Because I know, clearly, in the County, there was a statement that was made that the -- one particular contractor that's doing that work had not met all of their objectives of things that they were supposed to have from a bus shelter standpoint, so in other words, they said that they were going to have a certain amount of bus shelters out, and that it hasn't happened yet, and we're going on year three, OK. My question is, what is in the current agreement to address that? Ms. Jones Jackson: Thank you, Commissioner. Yes. In the agreement, as we have for the new agreement, as well as the old one, they have benchmarks. Commissioner Spence -Jones: Right. Ms. Jones Jackson: They have benchmarks in terms of how many they have to get out each year. They also have the ability for the City to terminate the agreement if they're not satisfactory. They also have guarantees from both the parent company and from the underlying local company, as well as from the continuation of the Sarmiento company. They have a letter of credit. They have some payment and performance bonds, and there -- each of these is a benchmark that has a covenant and it has warranties that run with it, so with these covenants that they have, the Administration has the opportunity to object, put them in default, ask them to cure, not release bonds, not release the letter of credit, to ask for additional assurances, to ask for additional insurance or bonds or letters of credit if the City is not satisfied. We also -- Commissioner Spence -Jones: So we do have -- Mr. Freedman: Could I -- Commissioner Spence -Jones: -- if this does not work for us -- Mr. Freedman: -- add, actually, one additional -- Commissioner Spence -Jones: Sure. Mr. Freedman: -- penalty that's in the contract? Commissioner Spence -Jones: Sure. Mr. Freedman: In addition to termination provisions that the City has on their behalf is also a liquidated damages -- Ms. Grindell: Right. Mr. Freedman: -- provision, which, if we don't perform, you know, we're going to get hit with those damages, so the City has covered that, I believe. Commissioner Spence -Jones: Wonderful, and then, on the design standpoint -- and I'm -- turn it back to the Chairman -- these are solar panels, correct? Ms. Grindell: Correct. Commissioner Spence -Jones: They're all solar -- Chairman Gonzalez: Yeah. Ms. Grindell: Correct. City ofMiami Page 70 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: -- operated? And then, as far as the glass in the back, I know that, for instance, in other municipalities, they have the etchings on the back, logos of the cities or whatever the case may be. Do we have the opportunity to offer the same thing? Mr. Freedman: Yes. Commissioner Spence -Jones: All right. That's it. Chairman Gonzalez: All right. Any further discussion? Vice Chairman Sanchez: Mr. Chairman, ifI could -- Chairman Gonzalez: Hearing none -- Vice Chairman Sanchez: -- address the issue. I just wanted to hear all the comments made, and I wanted to see the design of the shelters, and the public input. You know, it has been shameful how we have treated the transit -dependency [sic] people of our community. These are the backbone of our city. These are the people that provide us the basic service, in many ways, and still, if you look at other cities around us, I mean, it is just shameful how you drive through our city and you see anywhere from five to four to twenty people huddled around a bus bench without any shelter, and every year, we sit here and we address the issue and nothing is done. Well, today, we have a great opportunity to move forward and change the way that we have treated the transit -dependent people in our community. I am for this, but some of the concerns that have been brought out by my colleagues made very, very -- they're very valid; they have merit. One is we, the Commissioners, are the ones that know which areas of a community are the ones that are most affected because we know where the elderly is congregated; we know where new projects are going on; we know where new businesses are coming up, so it's important that we are able to work with you to be able to identify the areas. Now, another concern that I have is, there are certain areas in our community where those benches, you're going to be able to sit down two, or three, or four people, but you're still going to have about ten to fifteen people huddled around the shelter, and that's a concern to me. Once again, we're approaching the rainy season. Our summers are very hot, and when we're faced with that climate, you really see people -- you know, like everything else, we tend to look for shade, and in many ways, we don't provide that shade, and I -- you know, we're working on our canopy and trying to plant frees not only around neighbors, but also, near bus benches so we could provide more shade for our transit -dependent people, so I think we have a perfect opportunity now to do it and do it right, and I would just ask that you explore the possibility of certain areas, where they have been identified, where you have large amount of people, transit -dependent people, maybe you can extend it and make it a little bigger so you don't have two to four people sitting down, and you might have areas that you might have maybe six or eight seats more to be able to address, especially, the elderly people that are out there waiting for a seat, and you know, I'm a gentleman, and they're a lot of gentlemens [sic] here that will get up and give somebody -- an elderly person a seat, but let me tell you. I've seen some people on the bus benches where they've forgotten that custom, and it's just absolutely wrong when you see young people sitting down and elderly people, you know, leaning against a frashcan or a light pole waiting for that bus, so I think those are all the things that we need to address to make sure that we do provide the best possible service for our transit -dependent people in our city. Mr. Freedman: Can I just stress that point -- Vice Chairman Sanchez: Please do. Mr. Freedman: -- Commissioner Sanchez? As you know, you've worked with Sarmiento now for going on five years, and if there's ever been an issue with the product or how it gets dispersed within any of your districts, Sarmiento has been a very flexible partner with -- for the City, and City ofMiami Page 71 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 one of the requirements that was foisted upon me, which was actually the happiest requirement that had when Fuel purchased Sarmiento, was that we were required to keep the management team of Sarmiento in place for three years and six months. If the City had asked me to keep the management team in place for 30 years and 6 months, I would have been happy to do that, as well. We have an experienced team of people here in the City ofMiami, and they have always worked well with the City, and they will continue to work well with the City, so -- Vice Chairman Sanchez: Let me just add one more thing, and I do respect the opinion of all the Commissioners here, and you know, we're all entitled to have different opinions. That's democracy. I, for one, am not concerned about the advertising. In my disfrict, the people that sit there and want shade and want to be protected from the element, they really don't care about the advertise -- I do think that we need to have control over the advertisement to censor it, but I'll tell you this much. In my disfrict, if we could make those shelters a little bigger and provide more seats, and it's all about money, I don't mind -- I don't have a problem with you having an additional board with advertisement. To me, it is not a problem. All care about is making sure that everyone who is not blessed like we are to get up every morning and get to our car and turn the car and get on and get to work, or do whatever we're going to do, you know, those are people that aren't blessed like that, and they have to get -- you know, go and get the bus, I just want to provide them a place so they could sit in comfort, protected from the elements, and rely -- you know, we tend to want to promote the transit here, but we do nothing to promote it. I mean, you're certainly not going to get people to ride the bus when you don't have no shelters. You're certainly not getting people to ride the bus when you don't provide the correct ambience to make sure that they feel comfortable getting there and getting in the bus, so that's just something that want to add. I stated it before. Some districts have concern, and I respect that. I have nothing against that, butt would say that if it was to extend the bus benches, whether it's Code permissible or not, instead of having two seats, to four seats, and maybe have eight seats in certain areas, I don't have a problem. When it comes down to financial, I also don't have a problem with the advertisement because that's how you generate your money. Commissioner Sarnoff With that -- Chairman Gonzalez: All right. Let me call -- Commissioner Sarnoff -- said, I'd like to give -- certainly, District 2, all of our advertising panels, to whoever would like them. Chairman Gonzalez: All right. Let me call the question. All in favor, say "aye." Vice Chairman Sanchez: Well, no, no. Nobody's moved. I move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Vice Chairman Sanchez: I move -- Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: -- the resolution, Mr. Chair. Chairman Gonzalez: -- and we have -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: It's a four fifth. City ofMiami Page 72 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: We have a motion, and we have a second. Vice Chairman Sanchez: Roll call. Commissioner Regalado: Roll call. Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Gonzalez: Thanks God that finally we're going to have shelters in the City ofMiami. Ms. Thompson: Your resolution has been adopted, 5/0. Vice Chairman Sanchez: Could we -- Chairman Gonzalez: It has been -- Mr. Freedman: Thank you very much. Chairman Gonzalez: -- a nightmare. Vice Chairman Sanchez: -- explore making them -- Chairman Gonzalez: Thank you so much. Vice Chairman Sanchez: -- bigger? Unidentified Speaker: Thank y'all very much for -- Ms. Grindell: Thank you very much. Commissioner Regalado: You said, 'If you sign today." The question is, when are you going to sign? Mr. Freedman: My understanding is that the Mayor has ten days to -- Chairman Gonzalez: Veto. Mr. Freedman: -- veto or approve. Commissioner Regalado: How will he do that? It's five votes. Jorge L. Fernandez (City Attorney): Well -- Mr. Freedman: I agree with you, so obviously, as soon as he signs, then we'll get moving. Chairman Gonzalez: Mr. Manager, can we expedite the signature of the Mayor in these items so we can proceed with the contract, so we can proceed to start building shelters? Mr. Hernandez: Yes, Mr. Chairman. City ofMiami Page 73 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Thank you so much. Convey to the Mayor our desire to expedite the signature -- the approval of this resolution so we can -- Mr. Hernandez: I'll do so. Chairman Gonzalez: -- proceed to start installing -- Mr. Hernandez: Well expedite -- Chairman Gonzalez: -- shelters. Mr. Hernandez: -- it immediately. Chairman Gonzalez: Thank you. [Later..] Chairman Gonzalez: All right. Before taking D4.2, let me give you great news. The Mayor just signed the resolution on -- what you call --? Commissioner Regalado: The bus -- Commissioner Sarnoff Fuel, Fuel. Commissioner Regalado: -- shelter. Chairman Gonzalez: -- Fuel, so Mr. Manager, Mr. City Attorney -- Vice Chairman Sanchez: Start putting up shelters. Chairman Gonzalez: -- that means that we're ready to work on the confract, get the confract done, and then start building shelters. The -- Commissioner Regalado: To -- Chairman Gonzalez: -- first objection was the signature of the Mayor. The Mayor already signed it, so let's see what the next -- Mr. Hernandez: Great news. Chairman Gonzalez: -- objection is going to be. PH.2 07-00259 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "VILLA PATRICIA," A SUBDIVISION AND REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF City ofMiami Page 74 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 MIAMI-DADE COUNTY, FLORIDA. 07-00259 Legislation .pdf 07-00259 Exhibit .pdf 07-00259 Exhibit 2 .pdf 07-00259 Exhibit 3 .pdf 07-00259 Exhibit 4 .pdf 07-00259 Summary Form.pdf 07-00259 Legal Description.pdf 07-00259 Memo.pdf 07-00259 Notice of Public Hearing .pdf 07-00259 Submittal Plat.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0143 Vice Chairman Sanchez: Let's try to take up some of the public hearings on the PH 2 and PH 3. They are plats, and the Department of Public Works. I believe that PH 2 was going to be deferred. Jorge L. Fernandez (City Attorney): No. We -- Vice Chairman Sanchez: It is not? Mr. Fernandez: -- have been able to address all the concerns, and the item now is ready to be considered by you. Vice Chairman Sanchez: All right. Let the item be considered. All right. You're recognized for the record, Madam -- Stephanie Grindell: Stephanie Grindell, director of Public Works. PH 2 is a resolution accepting the proposed plat of Villa Patricia, which is located along the east side of Northeast 2ndAvenue, between Northeast 78th and 79th Street. Vice Chairman Sanchez: All right. This is a plat. It's a public hearing. Before we go any further, is there anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, for the record, the public hearing is closed; coming back to the Commission. Is there a motion to approve this plat? Commissioner Sarnoff I'll make a motion. Vice Chairman Sanchez: There's a motion by Commissioner -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Sarnoff, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion, it's a resolution for the record. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 75 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PH.3 07-00272 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CENTURY PLAZA," A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-00272 Legislation .pdf 07-00272 Exhibit .pdf 07-00272 Exhibit 2 .pdf 07-00272 Exhibit 3 .pdf 07-00272 Exhibit 4 .pdf 07-00272 Summary Form.pdf 07-00272 Legal Description.pdf 07-00272 Memo.pdf 07-00272 Notice of Public Hearing .pdf 07-00272 Memo 2 .pdf 07-00272 Notice of Public Hearing 2 .pdf 07-00272 Legal Description 2 .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0144 Vice Chairman Sanchez: And we go to public hearing number 3, which is the plat for Century Plaza. Stephanie Grindell (Director, Public Works): PH (Public Hearing) -- Vice Chairman Sanchez: Madam Director -- Ms. Grindell: -- 3 -- Vice Chairman Sanchez: -- you're recognized for the record. Ms. Grindell: -- is a resolution accepting the proposed plat of Century Plaza, which is located between Northwest 42nd and 43rdAvenue, opposite Northwest 8th Terrace. Vice Chairman Sanchez: All right. This is also a public hearing, properly advertised. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. We need a motion. Commissioner Sarnoff I'll move. City ofMiami Page 76 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 10:30 A.M. PH.4 07-00135 Department of Community Development Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second. The motion is made by Commissioner Sarnoff, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on this plat, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that takes care of those three items. Let's see if we could fry to catch up. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF THE AFFORDABLE HOUSING TRUST FUND GUIDELINES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 07-00135 Legislation .pdf 07-00135 Exhibit .pdf 07-00135 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to defer Item PH.4 to the City Commission meeting currently scheduled for April 12, 2007. Direction by Commissioner Sarnoff to the Administration to create a formula or program to provide equitable distribution of the Affordable Housing Trust funds to all five districts. Chairman Gonzalez: PH.4. Barbara Gomez (Director, Community Development): PH.4, we're bringing in front of -- First of all, Barbara Gomez, director of Community Development. We're bringing forward the Affordable Housing Trust guidelines, and this was, number one, as you know, in the past, we have been funding projects from the Affordable Housing Trust, and we decided that it was time for us to have a guideline so that we can make proper judgment. I'll tell you the highlights of the Affordable Housing guidelines. Number one, this trust will have the capability offunding projects up to 150 percent of medium income. It will be funding -- we are recommending to fund rental housing, and rental housing, we're also recommending to fund homeownership activities. Under the basic guidelines will be two folded [sic]. One, we would have an opportunity to assist for homebuyers. Those homebuyers can be up to 150 percent of medium income. The sales price of the property would be $300, 000. The maximum subsidy that we will give under our homebuyer's program will be $40,000. We will request that, in the case of a sale or transfer of the property, the borrow [sic] will be required to sell the unit to another income -eligible client. In the case of a sale or the transfer of the unit, the City will share on the gain realized by the borrows [sic], depending on the amount of years that it has been in existent [sic]. In reference to homeownership developers, the same. We will work with developers to create new affordable housing units. It will be -- we will request that once the property is completed and sold, again, that the unit be sold to somebody making 150 percent of medium income or below. On the homeownership development, we're saying construction costs are eligible, soft and hard, and City ofMiami Page 77 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 that's about it. On the rental, rental developers, we want to assist the rental developer, especially the ones that do provide tax credit development, in their construction. We will assist developers on rehab building, preservation, or refinancing of multifamily development. The financial assistant [sic] will be in the form of a loan conditioned on cash flows and on the project capability. All of the funding will come through two ways; one, from a request of [sic] proposals, and the other one at any time, the direction of the City Commission. All projects will be going to our Housing and Commercial Loan Committee. They will review the projects, and they will be making recommendations. Any recommenda -- any approvals of the Housing and Commercial Loan Committee recommendations can be appealed to the City Commission. That's basically most of the concept. After meeting with all of you, I did get request from Commissioner Spence -Jones for the following. In this resolution and in this guidelines, we did not consider putting acquisition as an eligible cost. Commissioner Spence -Jones is requesting that it be added as a condition that we -- Chairman Gonzalez: Land acquisition? Ms. Gomez: Land acquisition. That was not something that we are -- we have put in the past in none of our projects. She is requesting that it be put in. She's also requesting that the City Administration provide an annual report to the City Commission of all of the transaction being funded under the Affordable Housing Trust by the Loan Committee. The third recommendation from Commissioner Spence -Jones is that she wants us to incorporate local participation, meaning when a developer is developing something in a given area, that they should be giving priority to the local contractors, labors [sic], and to try to do the best they can to do that. She's also requesting that the maximum at any time to fund a project from these Affordable Housing Trust will be the maximum of $1.5 million per project. Also, in this guidelines, one of the things that we were recommending that Commissioner Spence -Jones opposes is that we were considering a ten percent for adminisfration. Commissioner Spence -Jones do not want any type of administration coming out from the Affordable Housing Trust. She feels that a hundred percent should go to the actual construction of the affordable housing, and that any adminisfration to run this project should come from the general fund, and last, but not least, she would like us to consider a program under these guideline for rental support services, meaning - - one of the things that her district is facing is that people are moving and they need help to put deposits, and again, this is some of the recommendations that I have received from all of you. I will take any questions from all of you. Vice Chairman Sanchez: Barbara -- Chairman Gonzalez: Barb -- Vice Chairman Sanchez: -- ifI may, Mr. Chair. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Mr. Chair, with all due respect, I have some concerns, some serious concerns with these guidelines -- Chairman Gonzalez: Me, too. Vice Chairman Sanchez: -- and I'm glad to see that other Commissioners do, too, so therefore, I'm going to request that this item be deferred so I will have an ample opportunity to address this concerns because there are a couple of issues here. One, there must be more equitable -- and I think that the fundamental of fairness becomes -- and every year, we go through this, so I am going to respectfully request that this be deferred to allow myself and my staff to iron out some of the differences that we have on this issue. City ofMiami Page 78 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: OK. Mr. Chairman -- Chairman Gonzalez: All right. We have a motion to defer. Is there -- Commissioner Sarnoff Second. Chairman Gonzalez: -- a second? Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: And we have a -- Commissioner Spence -Jones: Mr. Chairman, before we take a second, can I --? I think it's really important -- Chairman Gonzalez: We already -- we have a motion, and we have a second. Discussion on the item. Commissioner Spence -Jones: Discussion on the item. OK I definitely respect what my colleague is saying, if he has not had the opportunity to fully digest the trust fund and the guidelines. I think that we should, at least, allow the folks in the audience to have the opportunity to speak on the item because I do understand that there is some time issues -- Chairman Gonzalez: I have a serious problem with that -- Commissioner Spence -Jones: It's a public hearing -- Chairman Gonzalez: -- because -- Commissioner Spence -Jones: -- though, right? Chairman Gonzalez: No. It's a public hearing if we're going to vote -- if we're going to take action on the item, but we're not taking action on the item because the item has been defer. It's been defer by Vice Chair, it's second by Commissioner Sarnoff, and I believe that this has been rush a little bit. There are some recommendations that you talking about that when you and I met, they were not there. Ms. Gomez: The recommendations from Commissioner Spence -Jones, that's correct. Chairman Gonzalez: But we didn't -- they were not there. When you and I met -- Ms. Gomez: Right, they weren't. Chairman Gonzalez: -- they were not there -- Ms. Gomez: Correct. Chairman Gonzalez: -- so, you know, I'm hearing all of these rec -- and that is exactly what I keep saying at every Commission meeting. We're going to -- when we're going to change a resolution or we're going to change an ordinance, you know, don't do it on the floor because I'm going to oppose it. Commissioner Spence -Jones: OK. Chairman Gonzalez: I need to have time --I need to be brief. City ofMiami Page 79 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: You know what the problem -- you know what the biggest problem is here in these Commission chambers and meetings? That I believe, I seriously believe that the Commission is not been brief fully in every single item. That's why we have these lengthy discussions because we -- if we are brief before the Commission meeting, all our questions should be answered. I mean, we shouldn't have any problems when we sit here to vote on an item to have a discussion of an hour, if we were brief. Now, we have a serious problem with -- I have a serious problem with that. I will not vote on anything that is impose on me at the last minute. This is it, you know; you need to vote on it. No, I won't do that. That's not my practice. I won't do that. Commissioner Spence -Jones: Mr. Chairman -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- and I definitely respect your viewpoint and your decision on that. I just would like to, at least, hear from the Administration because, at the end of the day, again, I'm sure all of us are in need of affordable housing, but everyone can admit on this dais that my disfrict is truly, truly in need of affordable housing. Currently, there are about nine projects that have been awarded State tax credits, which means I'm going to have about 900 units coming in my disfrict this year, and we all know that, you know, just from the last three months alone dealing with the shantytown issue, these are all low rental tax credit projects that start at $300 and above, that many of the residents in my district can afford -- Chairman Gonzalez: Let me tell you. Commissioner Spence -Jones: -- to live in. Chairman Gonzalez: I -- Commissioner Spence -Jones: I just -- I want -- Mr. Chairman, I just want to, at least, finish my statement, please, sir. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: I would like for, at least, to have Barbara Rodriguez -- excuse me, Barbara Gomez staff to, at least, tell me what is the time sensitivity. I do not have a issue if it has to come back, Mr. Chairman. I just do not want us to miss the deadline of these dollars that we need in order for me not to lose 800 units in my disfrict, so I'd like for staff to, at least, tell me what is the time sensitive issue on this. Ms. Gomez: Well, we have received proposals from nine developers, which they are here today, and I don't have funding to fund them. Chairman Gonzalez: OK. Ms. Gomez: We were waiting for these guidelines in order to take in consideration their proposals and have them at the Loan Committee. That's the bottom line to it. Commissioner Spence -Jones: What is the -- is there a time frame around us voting today? Is it an option, if the Chairman decides that, you know, we can look at this, and by the next Commission meeting, maybe there's a special thing that he may not mind doing so that we can address it? I just don't want to lose the 800 units that I have, especially -- City ofMiami Page 80 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: But let me address something that you -- Ms. Gomez just said, OK. She had nine developers sitting in here with nine projects, and she doesn't have the money to fund them, and my question is going to be this. It's going to be very simple, and I want everybody to be -- to pay attention to this because this is very important, OK? They're talking about nine developers with nine projects. Ms. Gomez says that she doesn't have enough money to fund the nine projects. There is a pot of money on this program, on this new program -- Ms. Gomez: Correct. Chairman Gonzalez: -- which is maybe $5 million, or maybe $6 million, so am I being told that all of this $9 million or $7 million, everything, the totality of the money, is going to go into just one district and just nine projects, and he won't be able to have any, he won't be able to have any, he won't be able to have any, I won't be able to have any? You know, I have a serious problem with developers pushing us and rushing us into projects because let me tell you. I have two projects, two specific projects in Allapattah that have been going on and on and on and on for I don't know how long. One is YMCA (Young Men's Christian Association); the other one is the Baptist church on 17th Avenue and 32nd Street. When the developer came before this Commission, they were going to build right away. They evicted the people that had businesses in the site. They evicted them. They made them move their businesses, businesses that had been there for 25 years, 30 years. They had to leave the building, move somewhere else because they were going to demolish the building, and they were going to build a new project. Well, I voted in favor of it because it was a good project. It was going to be a new project. These businesses were going to have an option to come back to the new site, but guess what? Two years have gone by. The building is still there because they haven't had the decency to demolish the building and clean up the site, and that site looks like it was a war, and it has been bombarded, OK? It's all boarded up. There are people smoking crack in the building. There are homeless living inside the site, and I'm suffering and getting the complaints from my neighborhood, and the building is still there, and it was a rush because we're going to build tomorrow. We need to build affordable housing. Tomorrow, we're going to be building affordable housing. Well, guess what? I don't have affordable housing. I don't have a new building. I evicted -- they evicted ten businesspeople that had been at that site for I don't know how many years, OK? I lost those businesses. I lost the jobs. I have an empty building, huge building, almost an entire block, all full of graffiti, boarded up. I have to keep calling them every two weeks to have the grass cut, OK, and I have to keep on top of Code Enforcement so Code Enforcement keep, you know, giving citations. No, no, no, no, no, no. I'm notgoing to be pushed. I'm notgoing to be pushed into any decision because I have been through that phase. There is another project right on the produce market on 14th Avenue and 23rd Street. They've been talking about building this project and building this project and building this project, and the building doesn't get built. The site look like a mess, OK? No. I am sorry, and I have been supporting affordable housing in the entire City ofMiami. I have been one of the strongest supporters, and I have express my opinion at the CRA (Community Redevelopment Agency) meetings and at the City Commission meeting that we need to do more affordable housing in Overtown; that we need to do more affordable housing in Model City. I have been the strongest supporter on that, but to say that whatever amount of money is going to be committed just to one district, just to some projects, and the other district are going to -- I have two projects that doesn't have funds. They're going to need subsidy from the City. They have tax credits, but they're going to need subsidies, so what am I going to tell them? Ms. Gomez: The projects that we have received, there are eight in District 5 and one in District 1, which is the YMCA. That's what we have. Chairman Gonzalez: Even though, you know -- Commissioner Spence -Jones: OK. Mr. Chairman, I -- you know, I'm -- again, you know, I City ofMiami Page 81 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 would not be a good Commissioner ifI did not fight for affordable housing to -- Chairman Gonzalez: I -- Commissioner Spence -Jones: -- happen in my -- Chairman Gonzalez: -- agree. Commissioner Spence -Jones: -- district, and clearly, out of all the districts, we know that we can ride down any major corridor in my district, whether or not it be Liberty City, Little Haiti, and see vacant parcels of land and nothing happening on them. Clearly, my district has been targeted with this issue of -- this homelessness issue, and I've been fighting very hard to do what I need to do to make sure that folks get housing, whether or not they be abandoned buildings that we have that we've been rehabbing to get bodies in those, but the reality is, you know, I can't be made responsible for the fact that we won eight tax credits from Tallahassee. I mean, to me, I consider that to be a blessing. For the first time, something will be happening within the district. I have the same kind of concerns that you have. We only have a certain amount of money that is currently in the trust fund, but there's at least twelve more million dollars that's going to be slated to come. I would be willing -- because I don't want to lose what I have right now because here's something that I could provide housing immediately to. The City and the County, we've all been beat up on this whole issue of affordable housing. Here's an opportunity to show that we can make housing available to the constituents in the City, not just my district, but in the City, so I'm just asking, and I'm just trying to have clarity on it. I have no allegiance to not one of the developers sitting outside in the audience. I have allegiances to the residents of my district. I need to fill those vacant lots that are in my district, and there's several of those lots that are in Liberty City that will be re -- that have received tax credit, so I'm just asking -- and I'm appealing to my colleagues to please -- we know that we have a serious crunch, and I do -- I feel the same way that you feel, Commissioner Gonzalez. When they make promises about starting on affordable housing projects and they don't start, that makes us look bad in front of our residents -- Chairman Gonzalez: And -- Commissioner Spence -Jones: -- or our constituents. That -- Chairman Gonzalez: -- let me tell you. One of the developers that I was talking about is sitting right here -- Commissioner Spence -Jones: OK. Which one? Chairman Gonzalez: -- and Ramon, will you take the stand? Because I'm going to tell you, they did even worse, even worse. They didn't develop the site. They bought the site. They promised that they were going to develop it, OK? Guess what they did? What you did with that project? What you did with the land? Tell the Commission what you did with the land. Gonzalo De Ramon: For the record, Gonzalo De Ramon, Biscayne Housing Group, and first of all, I do want to appreciate Commissioner Gonzalez support to our developments in his district. He's right on some of the delay that we have faced over the year -- Chairman Gonzalez: No, no, no, no, no. Hr. De Ramon: But let me address the issue one -- Chairman Gonzalez: Answer -- City ofMiami Page 82 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. De Ramon: -- at a time. Chairman Gonzalez: No. Answer my question. Mr. De Ramon: Yes. Chairman Gonzalez: What you did -- specifically, what you did with the land that you acquire on 17th Avenue and 32nd Street to develop affordable housing? What you did with that land? Do you still have that land? Mr. De Ramon: No. Chairman Gonzalez: You sold it, right? Mr. De Ramon: We sold it to a non-profit that came to us with a plan to do homeownership, and at the time, we didn't got the funding in place. They come with an offer and to plan to develop two homeownership towers at the time, over a year ago, so we transfer that parcel February of last year, and you may want to contact the current owner to see the status -- the current status of the situation at the site. Chairman Gonzalez: Guess what? They made a promise to me to demolish the building, to get right on it and go with the project. Once they sold the property to someone else, the other person said, I never met with you. I never made you any promises. I -- you know. Mr. De Ramon: Commissioner, just to clarify, the commitment what we did of those tenants -- which they have pretty much located over there on the same district -- that commitment came -- move along with the sale. Chairman Gonzalez: Let me tell you. Mr. De Ramon: It was (UNINTELLIGIBLE). Chairman Gonzalez: When you do something positive for my people, I remember. When you do something wrong, I also remember, andl waitfor my time. I waitfor my time, OK? Mr. De Ramon: I appreciate it. Commissioner Spence -Jones: Commissioner -- I'm sorry, Commissioner. Again, I'm begging again, so I don't know ifI have to get on my knees. I don't have a problem with begging, though, because, at the end of the day, if it's -- if the rewards are going to be that people are going to have clean, safe housing to live in, that, to me, is worth it, but I just -- I have to ask staff once again -- and Barbara, you have not answered the question, and I need for you to put it on the record because I want everyone to hear -- I mean, we're not voting on these particular projects, correct? Ms. Gomez: You're not voting on the projects. You're voting on the guidelines. Once the guidelines are approved, I'll be getting proposals in, which is -- Chairman Gonzalez: But -- Commissioner Spence -Jones: OK, and so -- Chairman Gonzalez: -- I -- Commissioner Spence -Jones: -- the suggestion on what proposals will be selected will be based City ofMiami Page 83 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 upon the department or the Loan Committee? Ms. Gomez: The request for proposal that came in last Friday was to take in consideration all development that had received tax credit deal, not that they were applying, that they had received them. Commissioner Spence -Jones: OK. Ms. Gomez: We received those application. Yes, there were nine projects; eight are in District 5, one are [sic] in District 1. The reason that those proposals were the first one was, number one, because the County has made a policy that they need to have City contribution. Number two, because the developer has said this is not that we're competing. We have the tax credit in our hands; we need subsidy, and that was the request for proposal that came in. Commissioner Spence -Jones: So, in other words, Mr. Chairman, basically, what's being stated now is the County's now saying -- and I'm just hearing now -- got word that the federal government has just taken over County, which is going to be a even bigger problem, which means the mere fact that we're trying to create housing, we're not going to be able to do that now, and my concern is, at this point, that, at least, here are some projects that we can have moving and happening within the district. Barbara, is there any way that this item can, perhaps, be brought back if the Chairman does not have an issue with it? Will this affect --? Commissioner Sarnoff All he's saying is bring it back. Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Excuse me. What were you saying? Commissioner Sarnoff All he's suggesting is that we bring it back and we get briefed a little further on it. Chairman Gonzalez: Exactly. Commissioner Spence -Jones: Yeah, but the -- but I -- that's why I'm trying to understand. If there's such a need to do it right now -- she has not really expressed to me why the need is right now. Vice Chairman Sanchez: Ifyou would allow me, Commissioner? Ifyou would allow me. The reason why I, respectfully, requested that we defer the item was to avoid this, all right, so once again, Mr. Chair, through the Chair, I'm asking that the item be deferred and be brought back at the next regular Commission meeting, giving us ample time to discuss with you the concerns that we have with the guidelines, which I think they've been expressed here by all the -- Chairman Gonzalez: The deferral -- Vice Chairman Sanchez: -- Commissioners. Chairman Gonzalez: -- is on the floor. There was a motion. There was a second. The Commissioner ask for an opportunity to speak and address -- Commissioner Spence -Jones: Yeah, and I -- Chairman Gonzalez: -- the Commission. Commissioner Spence -Jones: -- expect for -- I mean, just like you would ask for, Commissioner City ofMiami Page 84 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Sanchez, I just would like to have the same amount of respect. At the end of the day, you know, if this is going to cause me to use -- lose 800 units in my district, I have -- Chairman Gonzalez: But let me tell you, Commissioner. Commissioner Spence -Jones: Mr. Chairman, I -- and I've heard it. Vice Chairman Sanchez: (UNINTELLIGIBLE). Commissioner Spence -Jones: Right, and I'm -- I don't have a problem -- I just -- Barbara's not making it clear to me for me to understand and my constituents that are watching this on TV (television) that's going to allow -- see me allowing 800 units to go down the tubes -- Chairman Gonzalez: Yeah, but let me tell you. Ms. Gomez: Com -- Chairman Gonzalez: Let me tell you. Commissioner Spence -Jones: -- so I need for you to just be clear -- Ms. Gomez: OK. Commissioner Spence -Jones: -- with me -- Ms. Gomez: If we -- Commissioner Spence -Jones: -- does it have to happen before -- Chairman Gonzalez: But let me tell you. Ms. Gomez: -- can -- Commissioner Spence -Jones: -- just tell me. Chairman Gonzalez: Your constituents are very important, so are mine -- Commissioner Spence -Jones: I under -- Chairman Gonzalez: -- and so are his, and so are his, you know -- Ms. Gomez: Mr. Chairman. Chairman Gonzalez: -- and your -- they're watching that we have a pot of money -- How much money do we have in that pot? Ms. Gomez: Six million dollars. Chairman Gonzalez: Six -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- million dollars, and the whole -- the entire $6 million are going to go into your district. City ofMiami Page 85 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: Yeah, but -- Chairman Gonzalez: How are they going to feel about it? Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: That's not fair. Commissioner Spence -Jones: Mr. Chairman, and I -- Chairman Gonzalez: I'm sorry. That is not fair. Commissioner Spence -Jones: Mr. Chairman, I don't want to have an argument with you -- Chairman Gonzalez: No. Commissioner Spence -Jones: -- about it, and I'm just simply -- Chairman Gonzalez: I'm not arguing. I'm not arguing. I'm just giving you reasons. Commissioner Spence -Jones: Ms. -- Chairman Gonzalez: Also, nothing had been built in your district for I don't know how many years. You can't pretend -- Commissioner Spence -Jones: And I'm frying to make up for it, Mr. Chairman, and I'm try -- Chairman Gonzalez: -- and I commend you for what you're trying to do, but you -- Commissioner Spence -Jones: -- and I'm trying to make a difference, and if we have the opportunity -- Chairman Gonzalez: I commend you for frying -- Commissioner Spence -Jones: -- to make this -- Chairman Gonzalez: -- to -- Commissioner Spence -Jones: -- and I've even put -- Chairman Gonzalez: -- make a difference. Commissioner Spence -Jones: -- on the record, Mr. Chairman, if it got down to it, the next 11 or $14 million that are coming, I don't have a problem with saying, you know what, District 5 has gotten its share. The other districts should get the additional dollars. Chairman Gonzalez: Well -- Commissioner Spence -Jones: I just want to be clear -- Chairman Gonzalez: -- you know -- Commissioner Spence -Jones: -- that I'm not going to -- Chairman Gonzalez: -- what? City ofMiami Page 86 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: -- lose it today. Chairman Gonzalez: You know what? You know what? We don't want to go into what is fair about monies and what is not fair because you just got elected, and you just sit in this Commission, and we all know the amount of millions of dollars that went into your disfrict before you becoming a Commissioner, OK? Commissioner Spence -Jones: I agree, sir. Chairman Gonzalez: IfI ask of a list of the amount of millions of dollars that went into your disfrict to do affordable housing and we end up with no affordable housing and no money, I mean, people would be surprised -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- so we don't want to go there. I mean, let's talk about the present. Let's - - you know -- Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: -- and let's not talking about being fair or unfair because we are trying to be -- that's exactly what we're trying to do. Commissioner Spence -Jones: I understand, and -- Chairman Gonzalez: We're trying to be fair, and we're frying to provide every people in the entire City ofMiami the opportunity to have affordable housing -- Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: -- OK? Commissioner Spence -Jones: With all due respect -- and I just want to say this to -- I -- because I do know if anybody's been supporting me on this dais for affordable housing in my district, it -- Chairman Gonzalez: It has been me. Commissioner Spence -Jones: -- has been you -- Chairman Gonzalez: Exactly -- Commissioner Spence -Jones: -- so that's not even the question. Chairman Gonzalez: -- andl will continue -- Commissioner Spence -Jones: I just -- I was just fearful, and you can hear me -- you understand my fear of losing it, and I just did not get that clarity from Administration. When I was briefed on this item, it was brought to me in a manner that ifI didn't -- we did not handle it today, then I can lose the 800 units. Chairman Gonzalez: Yeah, but you know? You know what? These people are very smart. These people are very smart. They put a lot of pressure on you, and in me, and in everyone else here. You know, if we don't get this approved today, ifI don't get a million dollars, you're going to lose ten million dollars. You know, come on, come on. I mean, if it was so urgent, why didn't City ofMiami Page 87 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 they came before? Why do you wait until the last minute, when you're going to lose the million dollars tomorrow, why do you come tonight and tell me, you know, tomorrow morning, I'm losing a million dollars? Well, guess what? You know, tough. Ms. Gomez: Mr. Chairman -- Chairman Gonzalez: Tough. Ms. Gomez: -- we can bring it back at the next Commission meeting -- Chairman Gonzalez: Yes. Ms. Gomez: -- if you allow us, and -- Chairman Gonzalez: Yes, I will. Ms. Gomez: -- we will go over -- I don't think that the issue -- and, at least, correct me ifI'm wrong so I can brief all of you. I don't think that it's the guideline, but it's how the pie of money - Chairman Gonzalez: And you know -- Ms. Gomez: -- is going to be distributed. Chairman Gonzalez: -- Ms. Gomez, I have another problem. Ms. Gomez: Tell Me. Chairman Gonzalez: We need to find a way, Mr. Manager, that when this devel -- these developers talk about building affordable housing, we need to have a form of a commitment. I'm going to start the project May 20 because, guess what? They get the money from the tax credits in Tallahassee, then they come down here, and then they have a problem because they need a subsidy from the County, and they don't get the County, but they come to the City to fry to get the City, and if they don't get the City, they can't build the project. You know, and there -- it is a back and forth. We need to establish some guidelines, you know. You have a project ready to be built when you're ready to break ground, and we need a commitment. We need a serious commitment from developers because just look at what happened to me in two projects, just look what happened to me in two projects, all right, and guess what? You have empty lots. You want to go with me to Allapattah and look at that building? Commissioner Spence -Jones: I'd love to. Chairman Gonzalez: You're going to cry when you see that. You're going to cry when you see that building, OK? And I'm waiting for that developer to come here. I'm -- because he's coming. I'm just waiting for him. The new developer, I'm waiting for him. He's coming. I'm just waiting. I'm being patient. I'm waiting for him. He's going to be here. Commissioner Spence -Jones: Thank you, Mr. Chairman, for indulging me, and I really appreciate your continued support. Commissioner Sarnoff Mr. Chairman, can we just give a directive that, possibly, a program or a formula be thought of that would give some equitable distribution to all the districts? Chairman Gonzalez: Yes, sir. That's the way it should be. City ofMiami Page 88 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PH.5 07-00260 Department of Community Development Commissioner Sarnoff OK. Chairman Gonzalez: That's the way it should be. Commissioner Sarnoff Whatever criteria we use, just so that every district will have -- I mean, I don't speak up enough for the folks in the Village West in my district, and for the folks in Wynwood, and I absolutely need to go on the record that, you know, we do need affordable housing in District 2 -- Chairman Gonzalez: Of course. Commissioner Sarnoff -- and I just want to make sure there's some equitable distribution, some formula is created. Chairman Gonzalez: Right. All right. We have a motion to defer, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF A COMMUNITY DEVELOPMENT BLOCK GRANT, IN THE AMOUNT OF $2,000,000, FROM MIAMI-DADE COUNTY, FOR THE DISASTER RECOVERY PROGRAM; DIRECTING THE CITY MANAGER TO REQUEST AN ORDINANCE TO INCREASE THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S TABLE OF ORGANIZATION, BY ADDING TWO FULL-TIME UNCLASSIFIED EMPLOYEES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-00260 Legislation .pdf 07-00260 Summary Form.pdf 07-00260 AD .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0131 Chairman Gonzalez: Next. Barbara Gomez (Director, Community Development): PH.5 is requesting approval to approve - - to receive a $2 million CDBG (Community Development Block Grant) allocation from the County under their Emergency Hurricane Supplemental Appropriation Act. This will be utilized to provide rehab assistant [sic] to multifamily properties. Properties have not been identified. An RFP (Request for Proposals) will be going out to identify the projects. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Do we have a motion? Commissioner Spence -Jones: So moved. City ofMiami Page 89 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: PH 5. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. PH.6 07-00261 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 32ND YEAR Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, IN THE AMOUNT OF $42,750, FROM MOVERS, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE LONG TERM RENTAL ASSISTANCE PROGRAM, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED. 07-00261 Legislation .pdf 07-00261 Exhibit .pdf 07-00261 Exhibit 2 .pdf 07-00261 Summary Form.pdf 07-00261 AD .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0132 Chairman Gonzalez: PH.6. Barbara Gomez (Director, Community Development): PH.6, we are requesting the de -obligation of a company named MOVERS (Minorities Overcoming the Virus through Education, Responsibility, and Spirituality), and they were awarded on June 8, 2006, by the City Commission, $42, 750 under our HOPWA (Housing Opportunities for Persons with AIDS) long-term rental assistant [sic] program. We are requesting that they be de -obligated. Those funds will be coming back to the City ofMiami Department of Community Development. The clients will be served, and they will continue be serviced by another agency. Chairman Gonzalez: All right. This also requires a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. We need a motion on PH (public hearing) -- Commissioner Sarnoff I'll make a motion. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 90 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PH.7 07-00306 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MODIFYING CONDITION/ RESTRICTION NO. 5 OF THE CORRECTIVE QUIT CLAIM DEED, DATED JULY 5, 2006, FROM THE CITY OF MIAMI TO MIAMI DREAM HOMES INVESTMENT GROUP, INC. TO PROVIDE THAT CONSTRUCTION ON THE PROPERTY LISTED IN EXHIBIT "A," ATTACHED AND INCORPORATED, OF ONE SINGLE FAMILY HOME MUST COMMENCE NO LATER THAN JULY 1, 2007; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO THE PROPERTIES LISTED ON EXHIBIT "A"; CONFIRMING THE REVERSION TO THE CITY OF MIAMI OF TITLE TO ONE VACANT PARCEL OF LAND LOCATED AT 1477 NORTHWEST 60 STREET, MIAMI FLORIDA, LISTED ON EXHIBIT "B," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00306 Legislation .pdf 07-00306 Exhibit 1 SUB.pdf 07-00306 Exhibit 2 SUB.pdf 07-00306 Summary Form .pdf 07-00306 Text File Report .pdf 07-00306 Pre -Attachment .pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0133 Chairman Gonzalez: PH.7. Barbara Gomez (Director, Community Development): PH.7, we provide you a supplement with some modification. The modification really doesn't have -- it's not changing any terms that you have. It's just was a legal clean-up that -- and -- Jorge L. Fernandez (City Attorney): Yes. We wanted to make sure that we specifically addressed the warranty deed and the fact that the -- this is -- the extension is actually also going retroactive to the day before the automatic kick in of the reverter so that all the conditions could be preserved status quo going forward through July of '07, which is how far the extension is being granted, so it was just so that we could make it very, very clear rather than just by reference. There's no substantive changes in what's being substituted. Ms. Gomez: We're requesting on July 5 the City ofMiami convey properties through Miami Dream Home Investment Group, due to delays in obtaining permits from the Department of Water and Sewer and DERM (Department of Environmental Resources Management). They are requesting that we give them an extension to start construction of July 1, and we're also requesting -- we are also doing is we are reverting back to the City one vacant parcel of land at 1477 Northwest 60 Street, that we agree that it would come back to the City. Commissioner Spence -Jones: Mr. Chairman, I just have -- Chairman Gonzalez: Yes, sir -- Commissioner Spence -Jones: -- a quick question -- City ofMiami Page 91 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: -- yes, ma'am. Commissioner Spence -Jones: -- on -- I don't know if my Trust CEO (Chief Executive Officer) is here, butt just wanted to -- these are the parcels of land that were committed a year, a year and a half ago. I just want to make sure that, Barbara, we bring all of them -- all of the reverters back at one time, because I'm sure you've had the same similar issues, Mr. Chairman, about Water and Sewer and them taking forever to do what they need to do, which has made it extremely difficult for me to move some of the -- Chairman Gonzalez: Not only how long it takes, but how much it cost. Commissioner Spence -Jones: OK, so Ms. Black -- Elaine Black, if you could just put on the record, are there anys [sic] others that need to -- that have the same similar issues? Ms. Gomez: We are working with Palmetto; he might have one that expire. We're working with them. I don't know of any other developer out there that have that issue, but we'll look at it and see. Commissioner Spence -Jones: OK. I know -- I'm sorry. Elaine Black: Hello. My name is Elaine Black, from the Liberty City Trust. Our address is 4800 Northwest 12th Street --Avenue, Miami, Florida. We would like to -- to the best of our knowledge, there are no other developers with a reverter impact. Thank you for looking into Ario's, but one of our major concerns is the cost of water and the time required for our clients to Vice Chairman Sanchez: Which item is that? Ms. Black: -- access water. Chairman Gonzalez: You have to do a water main extension? Commissioner Spence -Jones: PH 7. Ms. Black: Yes. Chairman Gonzalez: Do you know that you had -- you need to hire an engineer to draw some plans of the water main? Ms. Black: All of the above, and it's costing our developers a lot more money, a lot more time than we had originally anticipated. Chairman Gonzalez: I'm just going to give you a little figure so you know what you're confronting. Expect between 100 and $200, 000 for a water main extension, OK? Ms. Gomez: He just went through one with one of his -- Chairman Gonzalez: Allapattah just went through one that cost them half a million dollars and had put them in a very, very difficult situation. Ms. Black: Well, we will be come -- Chairman Gonzalez: Half a million dollars. City ofMiami Page 92 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Black: I want to thank Ms. Gomez's office, but we'll be coming back to you and looking at all of the land that we have given to developers, because everyone is very interested in moving on these projects as quickly as possible, and CD (Community Development) is working very closely with us to work on these projects, but we're going to have to address Miami -Dade County and say, what can you do about the water issue, and I want to thank you for giving me the opportunity to speak. Commissioner Spence -Jones: Ms. Executive Director, the only thing I want to put on the record to you and to Barbara is once these lots are transferred or now that they have the lots, they have a responsibility, in the neighborhood, to make sure they keep them clean and fenced -- Ms. Black: Yes. Commissioner Spence -Jones: -- and I don't know how many times I have to say to them over and over again -- Ms. Gomez: We don't require fence, but we do require -- are you saying fence, too? Commissioner Spence -Jones: Yes, because, you know, they look horrible, you know, and part of it is if we give it to you, you have a responsibility to keep it clean -- Ms. Gomez: Yes. Commissioner Spence -Jones: -- and keep it cut, and keep it fenced. Vice Chairman Sanchez: And it becomes our liability. Ms. Black: I want to thank you so -- Ms. Gomez: No, because the property's transferred to them. Vice Chairman Sanchez: Oh. Ms. Black: Well, let me say this. We have put on these lots signs that say, no trespassing for all lots that have not been officially transferred to the individual, and that we will also go back to everyone who has had lots transferred to them and state a letter, letting them know that these lots are now to be cleaned, as well as to be fenced, because -- Commissioner Spence -Jones: Thank you. Ms. Black: -- we've been working very diligently on that to ensure that the property in the Liberty City/Model City area is maintained. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: So moved. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, public hearing is closed. We have a motion. Is there a second? Vice Chairman Sanchez: Second. City ofMiami Page 93 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PH.8 07-00307 Department of Community Development Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 07-0053, ADOPTED JANUARY 25, 2007, INCREASING THE AMOUNT OF FUNDS ALLOCATED TO BETTER WAY OF MIAMI, INC., FROM $150,000 TO $200,000, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AUTHORIZING THE TRANSFER OF THE ADDITIONAL FUNDS, IN THE AMOUNT OF $50,000, FROM THE AFFORDABLE HOUSING TRUST FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00307 Legislation .pdf 07-00307 Summary Form.pdf 07-00307 Text File Report .pdf 07-00307 Pre Attachment .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0134 Chairman Gonzalez: PH.8. Barbara Gomez (Director, Community Development): PH.8, we're requesting -- as you know, in January 25, the City Commission authorized a convert -- conveyance of eight parcels of land; one being that we were transferring a multifamily unit to Better Way ofMiami. We also provided them with $150,000 to rehab the building. In order to meet the current City ofMiami Building Codes, the cost of the building has come in much higher. The lowest bidder came in at $180, 000. We are requesting that you allow us to fund up -- an additional $50,000. We're looking for additional lighting, and there're going to be additional expenses in the project. In the event that we don't use the whole 50, because right now we only need 30, we will put it back on the Affordable Housing Trust. Chairman Gonzalez: All right. Vice Chairman Sanchez: So moved. Chairman Gonzalez: This requires a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, public hearing is closed. We have a motion. Is there a second? Commissioner Sarnoff Second. Commissioner Spence -Jones: Second, and I just -- Chairman Gonzalez: There -- Commissioner Spence -Jones: -- want to add, Mr. Chairman, I want to thank the Commission for supporting me again. I know this came from the Affordable Housing Trust Fund, but I'd like to report to you that the Manager made a commitment of having the building done in 90 days in regards to the shantytown issue, and I can say that it -- they're like a week away from actually City ofMiami Page 94 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PH.9 07-00308 Department of Community Development finishing. There're about four individuals or four apartments in that unit, and they're going to double up through Better Way, so we'll have about two -- four people living in each one of the apartments, which will allow for us to have at least eight people, maybe ten people in the building, and I just want to say thank you so much, because we're already well on our way with completing the building. Pedro G. Hernandez (City Manager): Thank you, Commissioner -- Chairman Gonzalez: All right. Mr. Hernandez: -- and ifI may. Chairman Gonzalez: All in favor? Mr. Hernandez: That's quite a message to send to the community, that we're so serious about being able to look to every opportunity that we can rehab and put units back in service. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALE OF TWO CITY OF MIAMI ("CITY") OWNED PROPERTIES LOCATED AT 1632 NORTHWEST 59 STREET, MIAMI, FLORIDA, AND 1446 NORTHWEST 61 STREET, MIAMI, FLORIDA ,TO THE INDIVIDUALS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 07-00308 Legislation .pdf 07-00308 Exhibit .pdf 07-00308 Exhibit 2 .pdf 07-00308 Exhibit 3 .pdf 07-00308 Exhibit 4 .pdf 07-00308 Summary Form .pdf 07-00308 Agenda Summary Attachment SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0135 Chairman Gonzalez: PH.9. Barbara Gomez (Director, Community Development): PH.9. The Model City Trust was established in 2001, and through the Trust, there were two properties that they did build. They bought the land; they built some houses, and because of the Model City being abolished, all of City ofMiami Page 95 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 these properties came back to the City. However, two of these properties that we're requesting that we can sell them to two low-income individuals, Jacqueline Willis, Katonya Mincey. One, Ms. Willis will pay us $165, 000 for the home; the other one will pay $140, 000 to the home, so we're requesting your approval to sell these two properties. All proceeds of the sell will go to the Liberty City Trust. The property must remain owner -occupied for a period of 30 years. In the case of a sale or the transfer of this property, they will be required to sell it to another low-income individual approved by the City. The Administration recommends the sell of the two City -owned properties, located at 1632 Northwest 59th Street and 1446 Northwest 61 Street. Commissioner Spence -Jones: Barbara, ifI can ask you a question real fast, and Larry, if you can also chime in on it. As far as the -- are there any other homeowners on line, because you guys are moving people real fast, and I'm glad that people are finally moving in these units, but are there any other units in line to have people move in -- Ms. Gomez: We -- Commissioner Spence -Jones: -- that they're going to have to come in front of us, too? Ms. Gomez: I'm getting these through the Liberty City Trust, so she can answer it. Elaine Black: This is Elaine Black from the Liberty City Trust, 1400 Northwest 12th Avenue. The answer is yes. These individuals got caught in between the ending of the Model City Trust and the creation of the Liberty City Trust, and we do have homebuyers that are ready, but because of the new ordinance, everything has to come before the Commission before they can be approved -- Commissioner Spence -Jones: And do you know -- Ms. Black: -- and that's just the agreement of sale. Commissioner Spence -Jones: -- how many homeowners that we have left? Ms. Black: We have five coming on board. Commissioner Spence -Jones: Oh, wonderful, OK, and then as far -- I know one of the issues and concerns, Larry, which I want to make sure we address, is the sales from those properties. Can you, at least, make sure --? Because I know one of the issues I had in the very beginning with changing the ordinances, to make sure there was no money generated back to the Trust from that standpoint, but to utilize it towards, hopefully, CD (Community Development) to continue doing some development in the area. Larry Spring (Chief Financial Officer): Larry Spring -- Vice Chairman Sanchez: Where's the money going? Mr. Spring: -- chieffinancial officer. Commissioner Spence -Jones: It's going to go to -- Mr. Spring: The Commission -- I guess the Liberty City or the Model City's redevelopment or revising of the Model Cities [sic] Trust was done concurrently with the budget process last year. This Commission approved a budget for the Model Cities [sic] Trust, and coincidentally, the Liberty City Trust, that included these sales as part of its overall budget. Chairman Gonzalez: Right. City ofMiami Page 96 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Hr. Spring: It was not to be used for Administration, but for continued land, you know, development activities, which they were charged with doing, so the reason why these sales need to go to the agency is because the Commission approved the budget that way. At the end of the day, the Commission can then later on revise that budget and have the dollars transferred to CD to do those same activities, since the -- Chairman Gonzalez: Right. Hr. Spring: -- charge of the Trust has kind of been adjusted by the Commission. Commissioner Spence -Jones: And I just wanted to make sure -- that's why I wanted to make sure you put that on the record, and also make sure that we -- it's understood whatever dollars, as the things are sold, is that they work in coordination with CD to continue to put more housing back in. Here's a perfect example. We got $300, 000 back from these hou -- sales of the houses, which can go back into whatever we might have taken out to refurbish or rehab some of these existing units. Chairman Gonzalez: We should do everything possible to assist the people that are building affordable housing -- Hr. Spring: Right. Chairman Gonzalez: -- you know. Vice Chairman Sanchez: So just for the sake of clarity, where do the $300, 000 go to? Hr. Spring: Right now they go into -- it's a special revenue account that is listed under Liberty City Trust. We can -- the Commission will have to consider a budget amendment, because you approved a budget that had these revenues posted in it, so we're just following the legal procedure that we need to follow. The Commission, and actually the Trust, the new Liberty City Trust now, needs to bring back a budget amendment saying, you know, this sales revenue that we had anticipated in our budget now needs to go to Community Development, and we do the relative budget amendments to both. Commissioner Spence -Jones: Like, for instance, I have a unit that's coming up in my district -- Hr. Spring: I know that's clear as mud. Commissioner Spence -Jones: -- Commissioner -- yeah, right -- Sanchez. It's 33 units that's a City -owned building. The question is going to become where is that money going to come to rehab that City -owned building in order for us to have 33 people living in it? If we can begin to, at least, generate revenue from -- hopefully, you guys bringing these units to sell to the Commission, and we can take these dollars and, instead of having to go into Affordable HUD (Housing and Urban Development) -- Housing Trust Fund dollars, we'll have dollars to rehab the building itself within the Trust zone. Jorge L. Fernandez (City Attorney): Well, the -- so what you are suggesting is the creation of a new -- Hs. Gomez: No. Hr. Fernandez: -- account, as it were, new trust so that the proceeds of the sale be earmarked specifically to be reinvested back in -- City ofMiami Page 97 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: Into -- Mr. Fernandez: -- refurbishing other units? Commissioner Spence -Jones: Well, no, I don't think that we're going -- I don't think we're at that point. I'm just simply saying whatever the dol -- at this point, we need to pass this item, and whatever the dollars are that come from this, the issue is it could be utilized, based upon whatever -- I'm taking staffs recommendations, Barbara's recommendations, and of course, the Trust, whatever recommendations they may have, that we can take these dollars to make sure they go back into the Liberty City area, not for administration. Mr. Spring: And the -- and from our side, from the financial, myself and Mike Boudreaux, the new chief of Strategic Planning, you have a budget issue. Mr. Fernandez: Exactly. Mr. Spring: You appropriated a budget that included these revenues in the Liberty City Trust budget, and now, if you want to move those funds, all we need to simply do is do an amendment to that budget appropriation that moves it from there to Community Development, and whatever activities are programmatically decided -- Vice Chairman Sanchez: And why not -- Mr. Spring: -- to do -- Vice Chairman Sanchez: -- towards the HUD (Department of Housing and Urban Development) repayment? Mr. Spring: That's -- Mr. Fernandez: Well, that -- Commissioner Spence -Jones: Why the what? Mr. Fernandez: -- that's what I'm trying -- Commissioner Spence -Jones: What's the question? Mr. Fernandez: -- to clarify. Vice Chairman Sanchez: HUD repayment. Mr. Fernandez: I'm hearing different things. I think that what Larry is saying is somewhat different from what Commissioner Spence -Jones is articulating. Commissioner Spence -Jones: OK. Mr. Fernandez: Commissioner Spence -Jones wants the monies that are generated from the sale of these houses that -- you know, these two, and then the five more, for all of those monies, even though they have to come through the City and all of that, still to be reinvested back within the Liberty City Trust area, specifically. That's what Commissioner Spence -Jones is saying. Larry is not saying that. Larry is saying that the monies come to the City, through the Trust, and then they end up in Barbara's general Community Development -- Ms. Gomez: If that's what they want. City ofMiami Page 98 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Fernandez: It -- well, that's right, but -- Mr. Spring: We'd have to bring back in -- a budget amendment in order to do that. Commissioner Spence -Jones: And then -- and that's why I just said I would want, through Gomez -- I keep calling you Rodriguez, I'm sorry -- and Elaine Black, that they would come together to figure out the best way to coordinate that. The issue is that we're selling houses and people are moving in, and we need to move them as quickly as possible, and it's great to see some revenue finally coming back from what the Trust has been doing so that we can continue to put something back into the neighborhood. Chairman Gonzalez: All right. Are we -- Commissioner Spence -Jones: Thank you. Chairman Gonzalez: -- ready to -- are we done? Commissioner Spence -Jones: So moved. 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, public hearing is closed. We have a motion. Is there a second? Pedro G. Hernandez (City Manager): Mr. Ch -- Commissioner Regalado: Second. Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: There is a second. Yes, sir. Mr. Hernandez: Sorry. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 99 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 ORDINANCES - SECOND READING SR.1 06-01711 ORDINANCE Second Reading Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Development 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, Authority FLORIDA, AS AMENDED, ENTITLED " DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," TO AMEND: (I) MEMBERSHIP QUALIFICATIONS, (II) THE TIME IN WHICH THE CITY COMMISSION MAY REJECT AN APPOINTEE FOR OFFICE, (III) TERM OF OFFICE, (IV) THE BOARD'S POWER TO EMPLOY STAFF, AND (V) BASIS FOR REMOVAL OF BOARD MEMBERS; PROVIDING FOR THE AMENDMENTS TO APPLY AS OF AUGUST 1, 2006; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01711 Legislation SR.pdf 06-01711 Legislation FR.pdf 06-01711 Cover Memo FR/SR.pdf 06-01711 Pre -Legislation FR/SR.pdf 06-01711 Pre -Legislation 2 FR/SR .pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sarnoff absent, to defer items SR.1 and SR.2 to the City Commission meeting currently scheduled forApril 12, 2007, to be heard during the morning session. Vice Chairman Sanchez: SR.1, I would respectfully request -- the Chair is on his way back. The Chair had a doctor's appointment, and he will be back, I believe, in the next half-hour, so let's go ahead and wait for the Chair to get back on that item, and I do apologize for keeping you here so long, but it was out of my control to bring it up before the lunch break. [Later...] Vice Chairman Sanchez: Mr. Chairman, if we could take up the DDA. They've all been here since this morning, so -- Chairman Gonzalez: Which item -- Vice Chairman Sanchez: -- we could address that. Chairman Gonzalez: -- is that? Dana Nottingham: Good afternoon. My name -- Vice Chairman Sanchez: FR (First Reading) -- Mr. Nottingham: -- is Dana Nottingham, executive director of the Downtown Development -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Nottingham: --Authority. Vice Chairman Sanchez: SR.1 for the record. City ofMiami Page 100 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: SR.1, OK. Ms. Thompson: Thank you. Just needed -- Mr. Nottingham: Is that -- Vice Chairman Sanchez: OK. Mr. Nottingham: OK. The item before you is a request by the Downtown Development Authority Board for your approval of bylaws changes that were adopted by that board. This item was brought to you originally in October, and was deferred three times, November, December, and January, so there could be a constructive exchange between interested parties and to answer all questions. I believe that that has occurred, and we are before you again to bring this to closure. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: Why don't--? Commissioner Spence -Jones: Public hearing. Chairman Gonzalez: Pardon me? Vice Chairman Sanchez: Got to hear the sides -- Chairman Gonzalez: Yes. We had -- let me tell you what my position is before we begin. We have had, I think, three big debates -- Vice Chairman Sanchez: On this issue. Chairman Gonzalez: -- on this item, and I hope that -- and I don't mean to cut anybody off or anything like that, but think that with all the discussion that we had, we had ample, plenty, Mr. City Attorney, discussion on this item, andl hope that whatever discussion we have today is very short, to the point. I know there's going to be agreement and disagreement, as unusual, you know, because some people are for things and some other people are opposing to things, and that's the nature of humans, and we can't change that, so yes, ma'am. I'm going to allow you two minutes to -- so you can -- Linda Carroll: Yes, Mr. Chairman. My name is Linda Carroll. I'm an attorney, and my office is here in the City ofMiami, in downtown. I have been sitting here since approximately 10 o'clock this morning with -- Chairman Gonzalez: Would you speak on the mike -- Ms. Thompson: I'm sorry. Chairman Gonzalez: -- because I can't here you with -- I can hear you. Ms. Carroll: I said I've been sitting here since approximately 10 o'clock this morning waiting to address this particular matter, and I know various members of the Commission were aware of my presence. When we took the luncheon break, I, too, took the luncheon break; went to my office where I was able to do a little work for -- today, and then returned promptly to be here at 3 o'clock. Now, I would request that this matter be deferred. I can appreciate your comments, and I appreciate Mr. -- the DDA executive director's comments, that this is the third time it's been up, City ofMiami Page 101 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 but addressed this particular matter in January. After that, at the suggestion of Commissioner Sarnoff, I spent a lot of time putting together memoranda, submitting it, forwarding it to Commissioner Sarnoffs staff. It's my understanding that Commissioner Sarnoff had to leave, and with all due respect to the other members of the Commission, and particularly you, Mr. Chairman, I believe not to defer this until all of the Commissioners can be present that would be debating and listening, and particularly the Commissioner who is -- whose district is most directly affected geographically because of the physical presence of the DDA, as well as the fact that that is the Commissioner who suggested there be this exchange. I sent my memorandum to the DDA. I sent a copy of it to the City Attorney's Office. I never got the courtesy of anything from any of the other sides, so I don't know what the debate was, but to proceed at this time, after people have sat here all day, and we can understand people having doctor's appointments and not being able to be here, but when we have some issue coming up like this, that there is a significant interest in in which people not only have an interest, but spend their time not getting paid, not doing billable time, whatever you want to call it to -- just to simply proceed, I believe, is certainly discourteous, if not a very poor performance of public policy. Now, if you want my comments on the matters -- Vice Chairman Sanchez: Ma'am -- no, no. Ms. Carroll: -- I'll be -- Vice Chairman Sanchez: Ma'am, I would allow you the courtesy. We'll defer the item; continue to give you more time to sit down with our Legal Department, with the DDA to fry to work out our differences. The issues that are on -- to be discussed, which are the bylaw changes, I would hope that we continue to maybe work things out, but let's say something. The next time that it comes to the Commission meeting, it will be heard. Ms. Carroll: And will be here. Vice Chairman Sanchez: OK, so therefore -- Ms. Carroll: I believe there are two -- Vice Chairman Sanchez: -- you requested -- you request a deferral. I was trying to get all the Commissioners to be here. I was not aware that one of the Commissioners had to fly out of the country -- Ms. Carroll: No. I understand that. Vice Chairman Sanchez: -- and I will afford you the courtesy of a deferral, but let it be note [sic], the next time that we meet, we will vote on this item. Ms. Carroll: And will be here. Vice Chairman Sanchez: Thank you so much. Ms. Carroll: Thank you. Vice Chairman Sanchez: I make a motion to defer. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." City ofMiami Page 102 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: That item has been deferred. That's SR.1 and SR.2, right? Ms. Thompson: I don't know. Commissioner Spence -Jones: Yes. Chairman Gonzalez: SR.1 and SR.2. Commissioner Spence -Jones: Are we deferring both? Yeah. Chairman Gonzalez: Is that SR.1 and SR.2, Mr. Vice Chair? Vice Chairman Sanchez: Excuse me? Chairman Gonzalez: Are those items SR.1 and SR.2? Vice Chairman Sanchez: SR.1 and SR.2. Pedro G. Hernandez (City Manager): Yes. Yes, sir. Yes -- Chairman Gonzalez: They are. Mr. Hernandez: -- Chairman -- Chairman Gonzalez: OK. Mr. Hernandez: -- they are. Vice Chairman Sanchez: Whose are they? Chairman Gonzalez: So we're deferring both items, SR.1 and SR.2. Mr. Hernandez: The D -- those are the DDA items -- Vice Chairman Sanchez: Yeah -- Mr. Hernandez: -- that were just -- Vice Chairman Sanchez: -- SR.1 and SR.2, both -- Mr. Hernandez: Yes. Vice Chairman Sanchez: -- items have been deferred -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- to the next Commission meeting. Excuse me. Ms. Carroll: They're companion items. Vice Chairman Sanchez: Yeah, yeah. City ofMiami Page 103 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 SR.2 06-01775 Downtown Development Authority Mr. Hernandez: Yes. Vice Chairman Sanchez: Of course. Mr. Hernandez: Both. Chairman Gonzalez: All right. Let's move on. Financial update outlook. Vice Chairman Sanchez: Wait, wait, wait. Whoa, whoa, whoa. Chairman Gonzalez: Yes. Vice Chairman Sanchez: Let's set up a date. It's the next regular Commission meeting, and could we do something? Could we do it early in the morning so we could allow you the opportunity to -- Commissioner Spence -Jones: Going to give him a time certain? Vice Chairman Sanchez: -- go back to work? Commissioner Spence -Jones: Give a time certain? Vice Chairman Sanchez: All right. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Commissioner Spence -Jones: One more item. Mr. Hernandez: That -- Mr. Chairman, if you would allow me. That will be April 12. Vice Chairman Sanchez: April 12? That's a -- Ms. Thompson: That's the next -- Vice Chairman Sanchez: -- good day. Chairman Gonzalez: What a day. Mr. Hernandez: And it would be if the Chair desires, we can schedule it for, you know, one of the early items in the morning. Vice Chairman Sanchez: Right off the gate. Chairman Gonzalez: There goes the Mayor and the Vice Mayor. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-884, 2-885, 2-886 AND 2-887 TO RECOGNIZE EXEMPTIONS PROVIDED BY OTHER CHARTER OR CODE PROVISIONS PERTAINING TO City ofMiami Page 104 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 SPECIFIC BOARDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01775 Legislation SR.pdf 06-01775 Legislation FR.pdf 06-01775 Cover Memo FR/SR.pdf 06-01775 Pre -Legislation FR/SR.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sarnoff absent, to defer items SR.1 and SR.2 to the City Commission meeting currently scheduled forApril 12, 2007, to be heard during the morning session. Vice Chairman Sanchez: SR.2 is the same thing, so we'll table that one, too. [Additional minutes related to item SR.2 are located under companion item SR.1.] SR.3 06-02276 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ ARTICLE V/SECTION 2-612 ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST/TRANSACTING BUSINESS WITH CITY; APPEARANCES BEFORE CITY BOARDS, ETC." TO RESTRICT DIRECTORS, AND/OR THE SELECTION COMMITTEE MEMBERS, AS DEFINED HEREIN, FOR A PERIOD OF TWO YEARS AFTER THE DIRECTOR OR MEMBER HAS LEFT CITY SERVICE OR TERMINATED CITY EMPLOYMENT, WHO PARTICIPATED IN THE AWARD OF CONTRACTS FOR AN AMOUNT NOT LESS THAN $500,000, PURSUANT TO THE PROCUREMENT ORDINANCE, INCLUDING WITHOUT LIMITATION WAIVERS, FROM RECEIVING COMPENSATION OR EMPLOYMENT FROM ANY CONTRACTUAL PARTY RELATING DIRECTLY TO CONTRACTS IN WHICH THE DIRECTOR AND/OR HIS DESIGNEE AND/OR THE MEMBERS PARTICIPATED IN THE AWARD OF THE CONTRACT; PROVIDING FOR PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02276 Legislation.pdf 06-02276 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12892 Vice Chairman Sanchez: All right, let's go to SR.3. SR.3 is an ordinance, second reading. Who's here from the Administration to present this? Come on, we got to -- listen, we got to have the Administration ready to go. Commissioner Spence -Jones: SR.3. Larry Spring (Chief Financial Officer): Commissioners -- City ofMiami Page 105 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: I could present it, butt mean -- Jorge L. Fernandez (City Attorney): This is -- Vice Chairman Sanchez: -- if somebody from the Administration here -- Mr. City Attorney, go ahead. Mr. Fernandez: Well -- Vice Chairman Sanchez: It's on second reading. Mr. Fernandez: Yes. This is an item on second reading. This is the ordinance that deals with the limitation that's being imposed on those City employees who were actively involved on contracts in excess of $500, 000, limiting their opportunity, after City employment, to go and work with a contracting party that received the benefit of their recommendation to the City Commission. As you know, this item has had a lengthy history. We have been through several reiteration of this. We have consulted the Dade County Code of Ethics, and we have worked with staff with our Human Resources Department, as well as with the Administration, and certainly, Commissioners, Vice Chair Sanchez, whose item this originally was. He came with the idea. We have worked with his staff extensively to make sure that we have addressed all of the concerns. The item is in front of you for second reading, and we're ready to answer any questions. Vice Chairman Sanchez: All right. Let's do something. Let's have a motion and a second for the purpose of discussion, and then we'll open it up to the public. Is there a motion? Commissioner Sarnoff I'll make a motion. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. Before we open up for discussion, is there anyone from the public wishing to address this item, please step forward, as it is being heard on second reading? Hearing none, seeing none, the public hearing is closed, and it comes back to the Commission for discussion. Commissioner Sarnoff. Commissioner Sarnoff Yeah. I'd like to make a friendly amendment with regard to the amount, Commissioner Sanchez, to $250, 000. I'd also like to bring out two things that we're excluding. We're excluding the City Manager and the Chief Procurement Officer, which, I think, is odd to exclude them, if that's your intent. I'm not sure I know your intent. Also, on a former draftsmanship -- just to make this a little clearer for you -- I think what you want to do on item D, Mr. City Attorney, for clearer draftsmanship, from a litigated standpoint -- Mr. Fernandez: Yes. Commissioner Sarnoff -- I would put your section where it says "Section D, "go down four lines, where it says "contractual party," and move up your item number 5, so you have one, two, three, four -- Mr. Fernandez: Roman numeral five, yes. Commissioner Sarnoff All right. This section shall not be precluded -- shall preclude the member or director and his designee from working for the contractual party on an entirely unrelated contract. It would seem, from a draftsmanship and understanding standpoint, it would be better to put it up here, if that's your intent. City ofMiami Page 106 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Fernandez: Because it is a more controlling type of statement that should apply to all of the other subsets. Commissioner Sarnoff Correct. Mr. Fernandez: That's a friendly amendment, and it -- Commissioner Sarnoff OK. Mr. Fernandez: -- clarifies it. I believe that that would not be objectionable at all. Vice Chairman Sanchez: Not at all. Not that, but if-- are you done? Commissioner Sarnoff Yes, sir. Vice Chairman Sanchez: OK. This ordinance, as the City Attorney stated, we had been working on it for about six months, and there was some concern from some City staff and there was some concerns from the Commissioners, and that's why I always say that it's always better to put it through an entire process, where everyone has an opportunity to debate it, everyone has an opportunity to participate, and every time that I present a law, and once we enact a law, it's a law that may have consequences, and what we want to do is have the input of everyone to sit at the table and improve it, and there's been a lot of compromise on this one. I could honestly tell you that we came up with a half a million dollars because there were some concerns as to a one million at one time, and there was 250, 000, so we were comfortable with the half a million dollar being established. The reason why the City Manager and the Procurement officer not involved is because we wanted to make sure that it was the people making the decisions sitting down when it came up to a contract. These are the people that sit on the committee and say, that's the best deal for the City, and they vote on it. It's their vote on it that makes this move forward for us to approve it, and we wanted to basically create legislation that's going to protect, not only the integrity of our city, but also raise the bar on ethical conduct, and to protect the taxpayers, so I'm a little concerned about bringing it to 250. I would like to keep it at 500, but I'm not opposing to your friendly amendment as to moving the -- shifting of the -- Mr. Fernandez: The language. Vice Chairman Sanchez: -- language, which is OK, but once again, this legislation has been in the making for about six months, and I think that it's -- I'm proud to say that everyone has come to the table. I think we're OK to get it passed now, and if there's no further discussion, I would, being that I'm the Chair, like to move on it and get it going, and this, without a doubt, is going to make our city -- there's going to be more ethics involved, and we even got the Ethics Department involved in this because one of the -- Mr. Fernandez: Yes. Vice Chairman Sanchez: -- Commissioners recommended it, and it was a great idea. Commissioner Sarnoff One last shot. I just want to understand something, and I'm not going to belabor it. Why would the City Manager and the chief procurement officer be exempt? Vice Chairman Sanchez: Well, that was debated, and I forgot what it -- what was the --? Mr. Fernandez: Well, no. It begs the question, and it's ultimately an issue of your policy consideration. The City Manager stands behind absolutely every single contract that comes in front of you. Well, while he's not the primary evaluator, while he doesn't perhaps even get City ofMiami Page 107 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 directly involved, the mere fact of his position makes him own every decision that every subordinate of his makes, and therefore, to penalize him because of the global responsibilities that he discharges, it was deemed to be an unfair, and similarly, with the chief procurement officer, their level of -- Vice Chairman Sanchez: That was the argument. Mr. Fernandez: -- involvement is so global, because they really are not the particular individuals that do the committee and actually run with the project, but they stand behind every decision that's made -- Commissioner Sarnoff I under -- Mr. Fernandez: -- and that was the rationale -- Vice Chairman Sanchez: That was the argument. Mr. Fernandez: -- for that. Commissioner Sarnoff I -- I'm informed, and I understand. Vice Chairman Sanchez: And once again, for the record, there is similar revolving door bans enforced by the Florida Department of Transportation and the federal government, and that's where we felt that the City needed something like this. Basically, with all the controversial [sic] about all the contracts that have gone out, so therefore, is there any other discussion on the item? Mr. Fernandez: And just for the record of clarity, of the four recommendations that Commissioner Sarnoff made, the only one that's being incorporated as an amendment is the language shift from subset five into the upper paragraph; otherwise, 500 remains, and the exclusion of the Mayor [sic] and the chief procurement remains. Vice Chairman Sanchez: Yes, sir, for the record. Commissioner Sarnoff Manager. Mr. Fernandez: Manager rather. Vice Chairman Sanchez: And the Manager. Commissioner Sarnoff No, not -- the Mayor's not exempt; the Manager. Vice Chairman Sanchez: All right. Mr. Fernandez: Manager and -- Commissioner Sarnoff Right. Mr. Fernandez: -- chief procurement officer. Vice Chairman Sanchez: OK. It's no further discussion on the item. The public hearing has been closed. There is a motion and a second. Mr. City Attorney, read the ordinance into the record, followed by a roll call, on second reading. Mr. Fernandez: Certainly. It's on second reading. City ofMiami Page 108 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call, on second reading. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as amended, on second reading, 4/0. SR.4 07-00111 ORDINANCE Office of the City Attorney Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 07-00111 Cover 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 Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12893 Vice Chairman Sanchez: All right. We move on to SR.4. Commissioner Sarnoff, that is your item. You're recognized. Commissioner Sarnoff This is just a -- the item that we are on second reading for, which would essentially require us to leave our offices just as we found them, tender the keys to the Clerk, and leave our files just as they had been kept in the ordinary course of business. Vice Chairman Sanchez: All right. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a second for the record. Madam Clerk, the motion has been moved by Commissioner Sarnoff second by Commissioner Spence -Jones. The item is under discussion. Before we do a discussion, it is an ordinance, requiring a public hearing. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission for discussion. Hearing no discussion on the item, Mr. City Attorney, read the ordinance, on second reading, into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 109 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City ofMiami Page 110 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 ORDINANCES - FIRST READING FR.1 07-00245 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Attorney CHAPTER 35/ARTICLE I, ENTITLED "MOTOR VEHICLES/IN GENERAL," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 35-10 OF SAID CODE, ENTITLED "PARKING FOR CERTAIN PURPOSES PROHIBITED," BY PROVIDING ENFORCEMENT PROVISIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00245 Legislation .pdf 07-00245 Cover Memo .pdf WITHDRAWN FR.2 07-00263 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 40/ARTICLE III/SECTION 40-61, OF THE CODE OF THE CITY OF MIAMI, Marc David Sarnoff FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS/DEFINITIONS," GIVING ELECTED OFFICIALS AUTHORITY TO DETERMINE THE SALARY AND TENURE OF THEIR RESPECTIVE STAFF AND REQUIRING COMMISSION APPROVAL OF ANY BONUS GIVEN TO SUCH STAFF BY ELECTED OFFICIALS UPON LEAVING OFFICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00263 Legislation .pdf 07-00263 Cover Memo.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 Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Direction by Vice Chairman Sanchez to the City Attorney to schedule a meeting with his staff and Employee Relations for further clarification of the proposed ordinance. Vice Chairman Sanchez: All right. SR (second reading) -- FR.1 has been pulled -- Jorge L. Fernandez (City Attorney): Correct. Vice Chairman Sanchez: -- and we go to FR.2, which is an ordinance on first reading, and that comes from the Office of the City Attorney. Mr. Fernandez: This is the other item that Commissioner Sarnoff has brought to the attention of the City Commission, which is the departing Commissioner's ability to grant bonuses to their staff and also dealing with the issue of the nature of the relationship between the Commissioner and his or her staff vis-a-vis, the City Manager, and this is the happy compromise that we have achieved. Rather than to go to a Charter question or make this a referendum type of issue, we have been able to incorporate into the Code a provision that would clarify the nature of the relationship between the Commissioner and his or her staff vis-a-vis, salary and other emoluments, and then also addressing the issue of bonuses upon departing, or at time of departure, and so this ordinance addresses that to the satisfaction of Commissioner Sarnoff. We have briefed all of you on that, and it does not bring us to the point of requiring a Charter City ofMiami Page 111 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 amendment. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- second by Commissioner Regalado. Before we open it up for discussion, which we will, it is a public hearing. Is there anyone from the public wishing to address this item, this ordinance on first reading? Anyone from the public? Seeing no one from the public, the public hearing is closed; coming back to the Commission. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Yes. I mean, this is just a question. I do support, you know, the item, but this is actually directed towards Larry, and I know we had a conversation regarding this, Mr. City Attorney. The salaries for each one of our offices for the staffs that we hire, I just want to be clear, we are, as Commissioners, responsible for our own sal -- our own -- our salaries for our staff members, correct? Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: We make that deter -- no. I want to make -- we make that determination, right? Larry Spring (Chief Financial Officer): Well, I believe, Commissioner, the ordinance here would allow for you to have that control. Right now the only control for all the Commissioners' offices is your annual budget appropriation, which this Commission approves. Commissioner Spence -Jones: Right, so the -- I just want to make it clear, because in my meeting with -- my briefing with the City Attorney, we have, in the past, your office, whatever the dollar amount that has been allocated towards our offices, if they're operational dollars, it was -- it's been told to us -- like, let's say there's less I need to do on a operational side, butt need to make sure that I have salaries made available to hire more people, or at least, provide additional dollars to those people that have more responsibilities. In the past it's been told to us that we can't do that. Is that frue? Mr. Spring: The -- actually, that question was posed to me by the CityAttorney's Office. What you're, I guess, referring to is a budgetary policy with regards -- you know, public sector budgeting. Typically, you -- once you set your budget, you will not do budget transfers from your salar -- the salary section of your budget to your operational, and vice versa. It's a budgetary control that's been implemented; standard best practice. However, in light of that, the Commissioners, and every other department, for that matter, the budgetary control overall that they have is the total appropriation for their department -- Commissioner Spence -Jones: OK. Mr. Spring: -- and in your case, your office, so if there is a budget amendment that -- and it's not even an amendment; it's a transfer -- it does not have to come back to the Commission. It can be done to deal with any of those issues, and I know the Commission, their offices usually have a surplus, and a lot of times -- Commissioner Spence -Jones: Yeah. City ofMiami Page 112 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Spring: -- you guys will reallocate to give money to, you know, different outside organizations to support your community activities -- Commissioner Spence -Jones: Right. Mr. Spring: -- so it is not -- Commissioner Spence -Jones: So the answer's yes -- Mr. Spring: -- there's no legal prohibition, if you will. Commissioner Spence -Jones: OK, so the answer's yes -- Mr. Spring: Yes. Commissioner Spence -Jones: -- then? OK Vice Chairman Sanchez: All right. Anyone else? All right. The -- yeah, the ordinance -- the only new thing here is the outgoing bonuses, other than that. We still control our budget. We still control within the certain perimeters [sic] of the salaries as to the regulations that we have, and we still control the tenure of our office, so I don't have a problem with this, whatsoever. It's an ordinance on first reading. Commissioner Spence -Jones: OK, one second -- I'm sorry, Mr. Chairman. I just want to make sure Julie Bru's -- do I have to offer an amendment to that? Julie O. Bru (Deputy City Attorney): Well, you wanted to clarify that (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Yeah. I mean, I -- he's telling me that, at this point -- Mr. Fernandez: No. Commissioner Spence -Jones: -- we don't have to, correct? Mr. Fernandez: Yeah. The -- this is on first reading. There is some issues that have addressed with Commissioner Spence -Jones, where she has made inquiries, not only about the ability to transfer funds within her budget from the operational part of it to the personnel, but also the additional question is the latitude that then after this ordinance comes into effect, the ability of Commissioners to act more independent of guidelines and procedures that human resources or that personnel for the City would otherwise function. In other words, there is some pairing or there is some classification, even though there are -- the employees in the office of each Commissioner, as well as of the Mayor, are not career service, per se. The -- there has always been an attempt at keeping parity with similarly situated employees in the service, in the City service. By passing this ordinance, it will be my legal opinion upon the -- at the right time, when properly asked of me, that we are giving each Commissioner, by far, more latitude with how they exercise discretion within their budget, still within the budget, but the nature of the classifications and the nature of the amount of compensation were -- where, in the past, the City was very keen on making sure that there were a parallel drawn between the offices of the Commissioners and the service of the City Manager. Here, the passage of this ordinance, at the right time, if asked of me, I would opine that Commissioners now have greater latitude to determine those issues, and still, if they wish, individually, receive guidance from the way that the Administration does it. Vice Chairman Sanchez: As long as they live within their means of their budget. City ofMiami Page 113 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: Oh, yeah, by all means. Mr. Fernandez: Always -- Commissioner Spence -Jones: No. Always in -- Mr. Fernandez: -- within the budget. Commissioner Spence -Jones: -- and then, Mr. Chairman, the reason I asked this because this last period, our people were judged off the balance [sic] score card. Unidentified Speaker: No, pay -- Commissioner Spence -Jones: Pay -- what is it? Mr. Fernandez: Yes. Vice Chairman Sanchez: Pay Performance [sic]. Mr. Spring: Everybody -- if you will, Mr. Chair, everybody use the pay -- well, I should say the Commissioners' staffs were -- use the City's Pay For Performance evaluation system and -- Commissioner Spence -Jones: Which is very different for our offices -- Mr. Spring: Right. Commissioner Spence -Jones: -- because you know each one of -- your staff members have different -- it's -- Mr. Spring: So -- Commissioner Spence -Jones: -- hard -- kind of hard for them to determine kind of what you have your staff doing, and that's what it's all based upon, and that was the concern that I had. Commissioner Sarnoff Well, if I'm not mistaken, and maybe Rosalie should step up, but we left some of the wording in there so that they could still be -- benefit from that performance bonus. Wasn't -- I recall a conversation. Wasn't that it -- Rosalie Mark (Director, Employee Relations): Yes. Commissioner Sarnoff -- Rosalie? Ms. Mark: Rosalie Mark, City ofMiami, director, Employee Relations. Yes, the employees within the Commissioners' departments would -- Commissioner Spence -Jones: Yeah. Ms. Mark: -- still be eligible for the Pay -- Commissioner Spence -Jones: Yeah. Ms. Mark: -- For Performance Program. That doesn't go away. Commissioner Spence -Jones: Right. City ofMiami Page 114 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Mark: It's a means by which, since they are still employees, even though they may be directed by you, that we can defend salary actions, so when you have an established program, when you have policy in place, especially when it comes to incentive payments, you need to be able, as an organization, to defend those salary decisions, so you know, it's, in my opinion, a good practice. I think it's a fair practice and one I'd recommend we continue. Commissioner Spence -Jones: Now my -- I've already addressed my issue, and I just wanted to make sure, from the standpoint, Rosalie, you know, it's kind of hard for you to determine what a staff member in my office is doing and base that upon what, you know -- whether or not they're meeting the criteria in order for them to get a bonus or a salary increase. That was my only question -- Ms. Mark: I understand. Commissioner Spence -Jones: -- but I think the -- I think that the CFO (Chief Financial Officer) - - Is that your new title now? Mr. Spring: Yes. Commissioner Spence -Jones: OK. -- has kind of explained that -- Mr. Spring: Yeah. What I -- Commissioner Spence -Jones: -- long -- and then the Chairman just said as long as it stays within our budget. Mr. Spring: Yeah, the issue was -- and I -- I'm -- my memory was just refreshed. The City has Pay For Performance in our guidelines. This ordinance gives the authority to -- for compensation to the Commissioners. There was a discussion about well what that should be. We are removing ourselves from that -- the Administration is removing -- Commissioner Spence -Jones: Determining it. Mr. Spring: -- itself from that process, so the Commissioners have the authority and the right to evaluate your employees as you see fit. I think what -- Commissioner Spence -Jones: Right now you can't. Mr. Spring: -- Rosalie was just saying is that a process, as you may deem, should be implemented, but -- Vice Chairman Sanchez: Mr. City Attorney. Mr. Fernandez: Yes. Ms. Marks [sic] is eminently correct. The State statues [sic] are very clear, that in order for any municipal employee to receive -- Commissioner Spence -Jones: I know. Mr. Fernandez: -- incentive type of pay, which may be called bonuses -- we don't call them bonuses. They're not bonuses. They're incentive pay -- the City Commission must have a specific policy in place. With regard to the entire employment of the City Manager and all of his staff the City Commission has a policy in place that allows that to happen, and so you have City employees who work for the City Manager that do, in fact, get incentive pay pursuant to their plan, but what needs to happen, after this ordinance gets in place, in order to give you similar City ofMiami Page 115 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 latitude to that which you have given the City Manager in his incentive pay, to make a modification and make sure that you have a parallel policy giving the Mayor and the City Commissioners, vis-a-vis, the employees and their office, incentive pay pursuant to a plan that we need to help you formulate, whether it tracks and it becomes very similar to the incentive pay that the Administration has in place or whether it's some other plan that we work out with you; that all remains to be worked out after this ordinance comes in effect, so we're here to make sure that whatever you want to do, we do it legally and appropriately, but no longer are your employees or those employees of the City that work in your office subject to the City Manager's Pay For Performance, you know, the whole situation that -- where they evaluate the entire workforce and everything else. For example -- Vice Chairman Sanchez: We do that? I know, I mean, I think things are getting quite complicated here. Mr. Fernandez: Well, that's the nature of the -- Commissioner Sarnoff Could I fry this one out? Vice Chairman Sanchez: Well, you know, that's -- Commissioner Sarnoff What they're saying is you can't go in the office one day and do this or this. You have to have a set of criteria to evaluate your employees, and through that set of criteria, you hopefully will keep a documented record of that so that when you recommend a pay for performance bonus -- no, pay for performance incentive? Mr. Fernandez: Incentive pay. Commissioner Sarnoff -- incentive, that you're properly documented under Florida chapter -- Mr. Fernandez: Correct. Commissioner Sarnoff -- Florida Statutes. Mr. Fernandez: Correct. Commissioner Sarnoff It's what the law is. They're just trying to recreate the law in the actual ordinance for us. Mr. Fernandez: We need to take it one step at a time. The first step is making sure that as per the desire of this Commission, you want for the individuals who work in each of your office to be considered differently than the rest of the employees of the City, for all the reasons that you have articulated before, so -- Commissioner Sarnoff Right. Mr. Fernandez: -- to comply with the majority's desire in this Commission to achieve that, we're coming up with this ordinance. There will need to be certain other steps taken. One of them is a legal opinion from my office. The other one is in consultation with -- Commissioner Sarnoff It's really not. Mr. Fernandez: -- Ms. Marks [sic] and with Larry to make sure that we -- Vice Chairman Sanchez: All right. Go ahead. I mean, it's just -- it's gotten very complicated. City ofMiami Page 116 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Fernandez: Well, I haven't made it complicated. I'm just answering questions and trying to give guidance to navigate -- Vice Chairman Sanchez: No. I under -- listen, I understand the process. Now it no longer falls on the City; it'll fall on our office to create a procedure, which is already established by the City, but we would have to create one. Ms. Mark: Mr. City Attorney, can I --? What is possible here that would make it simpler would be that you would adopt the process that already exists through Pay For Performance. We have the forms, we have all the da -- you know, we give it to you, and within your budget, you determine how you want to reward your people -- Commissioner Spence -Jones: And right now that -- Ms. Mark: -- so -- Commissioner Spence -Jones: -- that's not how it happens, is they make the determination for your staff as to what they -- Ms. Mark: No. Ms. Commissioner, I really am having difficulty with that language you're -- Commissioner Spence -Jones: OK. Ms. Mark: -- using. Commissioner Spence -Jones: OK. Ms. Mark: I'm sorry. Please, with all -- Commissioner Spence -Jones: OK. Ms. Mark: -- due respect -- Commissioner Spence -Jones: No problem. Ms. Mark: -- but we do not do evaluations on your staff. Commissioner Spence -Jones: OK. Well, let me -- Ms. Mark: The process -- the review -- if you -- Commissioner Spence -Jones: OK. Let -- Ms. Mark: -- allow me to continue. Commissioner Spence -Jones: -- me correct myself then. That's what was communicated to me, not by you, Ms. Rosalie. That's what was kind of communicated to me by -- that's what would happen in budget -- from a budget standpoint -- Commissioner Sarnoff With a what? Commissioner Spence -Jones: -- that we could not make that decision, but it's fine. I'm clear on the issue. I think we beat it -- we've beat the -- Ms. Mark: From the budget, yes -- City ofMiami Page 117 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: Yes. Ms. Mark: -- you're correct. We -- Commissioner Spence -Jones: We've beat -- Ms. Mark: -- live within a budget -- Commissioner Spence -Jones: -- a dead horse -- Ms. Mark: -- on the salary. Commissioner Spence -Jones: -- so I am very clear on what needs to happen, correct? Mr. Hernandez: Yes. Commissioner Spence -Jones: OK. Mr. Chairman. Vice Chairman Sanchez: Boy, do we have a way of complicating things, but you know. Commissioner Sarnoff, maybe you can shine some light on this; it's your ordinance. Commissioner Sarnoff Essentially, what the City requires, we cannot, out of pure subjectivity, provide a bonus to one of our employees. I'm going to use the bad word "bonus, "justfor simplicity. The City requires, per Florida Statutes, that we have a set of criteria to evaluate all of our employees. Commissioner Spence -Jones: Right. Commissioner Sarnoff Whether we were doing it or not, that's our legal obligation. Commissioner Spence -Jones: Right. Commissioner Sarnoff Now, what this new ordinance does is give us slightly more autonomy because we are the sole evaluators, expressly in the ordinance, of our employees, but in addition to that, it also prevents an outgoing Commissioner from asking the City Manager, "By the way, could you bonus my employees because I'm leaving and there's still money in the budget?" Well, of course, there's money in the budget. It's no longer going to be that Commissioner's budget, and the City Manager, without the will of the Commission, could grant that bonus. Now that same Commissioner could do that, but he has to come before this Commission, and then sit with the new Commissioner, which I would tell you it probably wouldn't be comfortable, and then explain to him how his budget was invaded. This would require that circumstance to occur. Vice Chairman Sanchez: Could it be done any other way, simpler? Couldn't we just pass legislation where -- Mr. Fernandez: No, no, because you cannot impinge on the authority of the City Manager to deal with his employees, and as long as those individuals who work in Commissioners' office are ultimately -- were ultimately the City Manager's employees, irrespective of the request of the outgoing Commissioner, the action was the City Manager's action. Vice Chairman Sanchez: Listen -- Mr. Fernandez: Their bonus was given -- City ofMiami Page 118 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: All right. Mr. Fernandez: -- by the City Manager, not by the outgoing Commissioner. Vice Chairman Sanchez: I think we're all against those outgoing bonuses. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: I think it's bad practice. I've never done it. It has happened in the City. We have to do away with it. If that's the only way to move forward, and I am prepared to support it, to do away with that bad practice, so I'm not -- we're not going to debate this anymore. Commissioner Spence -Jones: We voted on this, right? Vice Chairman Sanchez: No, we have not voted on it. I mean, is there any discussion on the item? We're closed for the discussion. The public hearing was opened and closed. Mr. City Attorney, read the ordinance into the record -- Mr. Fernandez: It's an ordinance of the Miami -- Vice Chairman Sanchez: -- and this is an ordinance on first reading. Mr. Fernandez: Yes, and it's an "Ordinance of the Miami City Commission amending Chapter 35, Article 1, entitled" -- I'm sorry. FR.2. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: OK. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first raiding, 4/0. Vice Chairman Sanchez: On first reading, and I would ask that the City Attorney set up a meeting with my staff as well as Employment [sic] Relations, to better get an understanding of this ordinance. Mr. Fernandez: We will. Vice Chairman Sanchez: All right. FR.3 07-00328 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2, ARTICILE XI "BOARDS, COMMITTEES, COMMISSIONS", DIVISION 17 Marc David Sarnoff "COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC)" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE") TO AMEND SECTION 2-1252 "MEMBERSHIP; QUALIFICATIONS; TERMS OF OFFICE; VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE; MEETINGS; QUORUM; VOTING, ATTENDANCE REQUIREMENTS" PROVISIONS TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 119 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 07-00328 Legislation .pdf 07-00328 Cover E-mail.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 Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: FR.3. It's an ordinance on first reading. Let's try to move the agenda along. It's -- Commissioner Sarnoff, that's -- Commissioner Sarnoff Yes. Vice Chairman Sanchez: -- your ordinance. Commissioner Sarnoff Very briefly, I would move -- what we're doing is we're changing the BIC (Business Improvement Committee) from a committee of eight to a committee of fifteen. It will only have three nonvoting members. It's sort of a housekeeping issue for the BIC, Business Improvement Committee. Does anybody need further explanation? Commissioner Regalado: No. Commissioner Sarnoff All right. Vice Chairman Sanchez: No. All right. Need a motion. Commissioner Sarnoff I'll so move. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff -- Commissioner Regalado: Sec -- Vice Chairman Sanchez: -- second by Commissioner Regalado. Before we open it up for discussion, is there anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed; coming back to the Commission. No further discussion on the item. It's an ordinance on first reading. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 120 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 RE.1 06-02113 RESOLUTION Office of the City Attorney RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN THE AMOUNT OF $108,065.72, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER JORGE LINARES, IN THE CASE OF SARDUY V. JORGE LINARES AND CITY OF MIAMI, CASE NO. 00-04270-CIV-MOORE, AND ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 06-02113 Legislation .pdf 06-02113 Cover Memo.pdf 06-02113 Memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0145 Vice Chairman Sanchez: All right, and moving right along. Let's go to RE.1. It's a resolution. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, this is the item that, several weeks ago, produced some interesting discussions here. At the end of the day, what happened or what ended up happening is thatl suggested to Mr. Cohen that he should meet with Judge Scott, and they proceeded; they conducted that meeting. Judge Scott has issued a new affidavit, after meeting with Mr. Cohen, and the recommendation of that -- the judge has is in the amount of a hundred eight thousand dollars and sixty-five -- $108, 065.72. Vice Chairman Sanchez: All right. We're -- Mr. Fernandez: Again, to reiterate, your options, according to the statute, you have the option of awarding the entire amount that's being requested, awarding no amount at all, or awarding that which the expert that the City has retained to evaluate the involvement has been determined, and that -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- amount has increased considerably from the previous amount because, apparently, it came to light, after the two met, after Mr. Cohen and the judge met, that in fact, in his opinion, Mr. Cohen is entitled to $108, 000. Vice Chairman Sanchez: All right. We know this issue very well. Is there a motion to approve? Commissioner Regalado: I move it, but have a question. Vice Chairman Sanchez: All right. Wait, wait, wait, wait. There's a motion. Is there a second for the purpose -- City ofMiami Page 121 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Sarnoff Second. Vice Chairman Sanchez: -- of discussion? Second for -- Commissioner Regalado: OK, discussion. Vice Chairman Sanchez: -- the purpose of discussion. Commissioner Regalado, now you're recognized. Commissioner Regalado: Just one question. On the second debate, we approve some funds for a second revision of the documents, and it ended up that you didn't hire a third party. Mr. Fernandez: Correct. Commissioner Regalado: It ended up -- Mr. Fernandez: Correct. Commissioner Regalado: -- Judge Scott. Mr. Fernandez: Correct. Commissioner Regalado: Did we pay anything to him on the second round or he did it for free? Mr. Fernandez: I have not had an opportunity to discuss this with Judge Scott, but it would be my opinion, and to be debated with a judge, that perhaps he's not entitled to an additional fee for further reflecting upon records submitted to him, so we did not spend whatever amount it was you authorized for me to retain a second expert. I was unsuccessful in getting a second expert, but I'm very -- Commissioner Regalado: No. You were lucky. Mr. Fernandez: -- glad -- well, OK. Commissioner Regalado: You save money. Mr. Fernandez: The -- I am very happy that this item has been resolved between Mr. Cohen and Judge Scott. Commissioner Regalado: OK. Vice Chairman Sanchez: All right. Anymore questions? Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It's a resolution. Thank you. Ronald Cohen: Thank you very much. RE.2 07-00241 RESOLUTION City ofMiami Page 122 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT ("PSA") DATED JANUARY 21, 2005, WITH METRIC ENGINEERING, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-131, APPROVED BY RESOLUTION NO. 04-0792, ADOPTED DECEMBER 9, 2004, FOR THE PROVISION OF CONSTRUCTION ENGINEERING OBSERVATION SERVICES ON A CONTINUING BASIS, FOR MISCELLANEOUS HORIZONTAL PROJECTS, IN AN AMOUNT NOT TO EXCEED $200,000, INCREASING THE AMOUNT OF THE PSA FROM $750,000 TO $950,000; ALLOCATING FUNDS, FOR A CONTINUATION OF CURRENT WORK, FROM THE PROJECT ENTITLED "DOWNTOWN INFRASTRUCTURE PROJECT PHASES I (B-39902) AND II (B-30177)" AND FOR ONGOING WORK ASSIGNMENTS, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT AS NEEDED, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-00241 Legislation .pdf 07-00241 Exhibit .pdf 07-00241 Summary Form.pdf 07-00241 Text File Report.pdf 07-00241 Professional Services Agreement.pdf 07-00241 Pre -Attachment .pdf 07-00241 Pre -Attachment 2 .pdf 07-00241 Corporate Resolution .pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed, with Chairman Gonzalez absent and Commissioner Regalado voting no, to defer item RE.2 until a full report on the item is provided to the City Commission. Vice Chairman Sanchez: OK. RE.2. RE.2 is Department of Capital Improvements [sic] Programs and Transportation. Sir, you're recognized for the record. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvement. This item is requesting an increase in the contract with Metric and [sic] Engineering, in the amount of $200, 000, for providing consfruction engineering and observation services. The firm provides ongoing inspection on a daily basis at various consfruction projects. The $200, 000 is an increase in capacity of the contract and does not guaran -- to the contractor. It will be issued, via work orders, on an as -needed basis. Vice Chairman Sanchez: All right. It's a resolution. Commissioner Regalado: Mr. Chairman. Vice Chairman Sanchez: Need a motion to deny or approve, or a motion and a second to discuss. Is there a motion on the table? Commissioner Regalado: Oh, I made a motion to deny. Vice Chairman Sanchez: There's a motion to deny. Is there a second? Commissioner Sarnoff I'll second for discussion. City ofMiami Page 123 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: Second for the purpose of discussion. The item is to deny. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: This is the Flagler? Mr. Fabrikant: No, sir. Commissioner Regalado: This is -- Mr. Fabrikant: You're talking about the Flagler Streetscape Project? Commissioner Regalado: Right. Mr. Fabrikant: No, sir. Commissioner Regalado: Which project is this? Mr. Fabrikant: This is for a variety of projects. It's -- includes the downtown infrastructure improvements and future projects to be determined when -- Commissioner Regalado: No, no. It doesn't matter. It's nothing against Flagler. It's just that in the last ten days, we had several debates about the bond money, and before the Bond Oversight Board, I believe that Mary and you had a discussion; I was watching on TV (television), and you spoke, or Mary did, about a shortfall of $78 million. Then I saw an article in the El Nuevo Herald;; the shortfall was $5 million. The numbers change because of some due diligence was done. Then the next day an article in the Miami Herald;; the shortfall was $38 million. There was also a comment by Mary that no project has been cancel in District 4, but I did saw Ed Blanco, from the Parks Department, before the Board saying that they had to cancel the splash pool in West End because of no funding, and they have to switch the funding to other projects, so I think that it's important that we don't go crazy with all these numbers, because every time you open a paper, it's a different number, and number two, I -- on my part, I will not vote for any change order until I have the correct information in all the projects, what's going on, what project have gone over the budget, what project have been cancel, because I just can't. I -- it will be, on my part, wrong to do it, but that's just me. I understand that there is a switch of projects and all that, but I think that if we have so much to study, we got time to come back with this sometimes, but -- and that is why I'm moving to deny this resolution. Vice Chairman Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff Mary, what is our RFQ (Request For Qualification) Number 03-04-131 ? What projects are those? Mary Conway (Chief of Operations): Mary Conway, chief of Operations. Basically, what the City had done two years ago to be able to address all of the capital projects that were going to be moving forward from a design and consfruction standpoint for consfruction inspection services, we hired a pool of consultants that would be able to provide those services. This is one of those firms. The following item is another one of those firms, but however, ifI might respond to Commissioner Regalado's comments, the Administration doesn't have any objection to these items being tabled. We are working on finalizing the recommended reallocations tomorrow. We will have an item on the March 22 agenda to prepare the capital -- to present the capital plan update before Commission. We're in the process of getting on each of your calendars right now for next week to brief you in detail regarding the entire capital plan update, which includes the reallocations that were referenced in the media articles, so deferring both of these items until we have a chance to brief you in detail regarding the larger plan is fine with the Administration. City ofMiami Page 124 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: Yeah, but -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- I didn't -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- move to defer. Vice Chairman Sanchez: No. Ms. Conway: To deny. That's fine. Commissioner Regalado: I move to deny. Ms. Conway: That's fine. Vice Chairman Sanchez: All right, and that's still your position, Commissioner, to deny? Commissioner Regalado: Yes. Vice Chairman Sanchez: All right. Wait. Jorge L. Fernandez (City Attorney): You know, you moved to deny this item. Is the intent to bring the same back next --? Ms. Conway: If we're not able to use these firms, we'll have to look at other firms that are available. The issue here is that we have two projects. In the case ofMetric Engineering, we are doing downtown street infrastructure construction right now. In the case of the following item, it affects the Flagami West End Storm Sewer Project. We would have to change the field personnel, who are overseeing and monitoring the contractors, and replace them with others. It's not an ideal situation, but we could work with it if we had to. Commissioner Sarnoff Mary, let me ask -- Vice Chairman Sanchez: Commissioner Sarnoff you're recognized. Commissioner Sarnoff Yeah. I apologize, Mr. Chair. You will brief -- will your briefing include where we stand on the Homeland Security Defense Bond shortfalls, if that's the right --? I hope -- Larry, I'm hoping using the right words and not -- shouldn't be using nonallocated, allocated, or -- where's the money? Ms. Conway: It'll include a detailed briefing on that. Commissioner Sarnoff OK, and let me then, with all due respect, Commissioner Regalado, withdraw my second and propose a new motion to defer the item until we're briefed. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right. The motion currently on the table is to defer the item, OK Discussion. Commissioner Regalado: Yes, Mr. Chairman. City ofMiami Page 125 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: Commissioner Regalado, you're recognized for discussion. Commissioner Regalado: So you said that in the Flagami Storm Sewer, if we denied the second, not this one, the second, you need to get another company to supervise? Ms. Conway: Current -- that's correct -- currently, we're using Nova Consulting to provide field inspection personnel to ensure that the contractor, South Eastern, is building the project according to the plans and specifications. If we're not able to continue using Nova for field inspection services, we would have to reach out to someone else to provide those services. Commissioner Regalado: Good, because they knock down an electric light pole, and they took the power for 14 houses during one day, and I have been frying to get information of why and who's responsible, and I have not been able. Also, they dig in front of a house, and the people couldn't come in or go out; they had to jump over the fence, so good. Vice Chairman Sanchez: All right. The item is for deferral. Mary, let me just shine some light on this. I think that the feeling that I get from the Commissioner is a little skeptical as to all the changes that have come in front of this Commission. This is a small -ticket item, to be honest with you. It is capped at $700, 000. You're coming back, because the money is almost over, to come back and seek another additional $200, 000, but it's a practice that's been going on in the CIP (Capital Improvement Programs) Department, and we're all very concerned with that, and I think you and I have had conversations on the issue. I know it puts you in a very awkward situation because we all want to get these projects done on time. We all want to get it within the budget, and apparently, they're not coming in on the budget, and we're having to come back to the Commission on a constant basis asking for more money, more money, so you know, I'm all in favor of deferring the item and you coming back with a plan, because I think it's really unfair with the progress that we're making -- we all realize that, you know, we're going to have to spend a little bit more money, but we have to be very careful how that money's being spent -- Ms. Conway: We understand. Vice Chairman Sanchez: -- so that's the message that I think is coming from this legislative body to you and your department, so having said that, there's no further discussion on the item. There's a motion and a second to defer the -- Priscilla A. Thompson (City Clerk): Before you -- Vice Chairman Sanchez: -- RE.2. Ms. Thompson: -- vote, please, Chair, I want to make sure our record is correct. You originally had a motion to deny by Regalado, Sarnoff second; he withdrew, so that motion died -- Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: -- for lack of a second, and I now show a motion to defer until you get your briefing. Commissioner Sarnoff Correct. Ms. Thompson: OK. Made by Commissioner Sarnoff -- Commissioner Regalado: May have died, but the ghost is around here. Vice Chairman Sanchez: The -- City ofMiami Page 126 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Thompson: -- made by Commissioner Sarnoff, second by Commissioner Spence -Jones, and for the record, we've actually wound up discussing RE.2 and 3, so will the vote be on 2 and 3? Mr. Fernandez: Yes. Vice Chairman Sanchez: Well, yes. Commissioner Regalado: No, no, no, no, no. Mr. Fernandez: No? Just on 2? Commissioner Regalado: No, no, because then, if we do that, why don't we do the whole agenda now? Vice Chairman Sanchez: Well, if you want to make a motion, go ahead and make the motion to deal with the entire agenda. Commissioner Regalado: But we haven't vote on RE.2. Vice Chairman Sanchez: Yeah, but I mean, the recommendation that we're getting is to get a full report back on both of the items. Apparently, there's concerns on both items. Ms. Conway: Both RE.2 and -- Commissioner Regalado: Or I make a -- Ms. Conway: -- RE.2 -- Commissioner Regalado: -- motion to deny RE.3. Ms. Thompson: OK, so are we going to just handle -- Vice Chairman Sanchez: Wait, wait, wait, wait. Ms. Thompson: -- as two separate --? Vice Chairman Sanchez: Wait. No, no, no. Madam Clerk, I'm the Chair now, OK? Ms. Thompson: Sorry, Chair. Vice Chairman Sanchez: We're not going to be running a barn meeting here, OK? There is a motion for denial -- for deferral, made by Commissioner Sarnoff and second by Commissioner Spence -Jones on RE.2. Commissioner Regalado: Good. Vice Chairman Sanchez: All in favor, say "aye." Commissioner Regalado: No. Vice Chairman Sanchez: Anyone in opposition, say "no." For the record, there's one no. RE.3 07-00242 RESOLUTION City ofMiami Page 127 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE PROFESSIONAL Improvement SERVICES AGREEMENT ("PSA") DATED JANUARY 4, 2005, WITH NOVA Programs/Transpor CONSULTING, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. tation 03-04-131, APPROVED BY RESOLUTION NO. 04-0792, ADOPTED DECEMBER 9, 2004, FOR THE PROVISION OF CONSTRUCTION ENGINEERING OBSERVATION SERVICES ON A CONTINUING BASIS, FOR MISCELLANEOUS HORIZONTAL PROJECTS, IN AN AMOUNT NOT TO EXCEED $200,000, INCREASING THE AMOUNT OF THE PSA FROM $750,000 TO $950,000; ALLOCATING FUNDS, FOR A CONTINUATION OF CURRENT WORK, FROM THE FLAGAMI/WEST END STORM SEWER PUMP STATIONS PROJECT (B-50696) AND FOR ONGOING WORK ASSIGNMENTS, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT AS NEEDED, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-00242 Legislation .pdf 07-00242 Exhibit .pdf 07-00242 Summary Form.pdf 07-00242 Text File Report.pdf 07-00242 Professional Services Agreement.pdf 07-00242 Pre -Attachment .pdf 07-00242 Work Order.pdf 07-00242 Prime Consultant .pdf 07-00242 Pre -Attachment 2 .pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed, with Chairman Gonzalez absent and Commissioner Regalado voting no, to defer items RE.3 until a full report on the item is provided to the City Commission. Vice Chairman Sanchez: We go to RE.3. What is the wish of this legislative body? Is it to defer this item? I need a motion to defer the item. Commissioner Sarnoff I'll make that motion. Vice Chairman Sanchez: There is a -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- motion by Commissioner Sarnoff second by Commissioner Spence -Jones, OK. The item is open for discussion. Commissioner Regalado: Mr. Chairman. Vice Chairman Sanchez: You want to discuss it, you're recognized. Commissioner Regalado: Thank you. I think that when we get this report, also the members of the Bond Oversight Bond [sic] should get a full report, because what I saw the other day on TV (television), it trouble me, because like for instance, the Vice Chair of the board, who is not my appointee, Manolo Reyes, engage in a discussion with a Parks representative because he was asking "Has the Commissioner of the area been informed?" And he said, no. That's a decision that the Parks Department makes. But has the Commissioner been informed? No. We haven't, City ofMiami Page 128 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 RE.4 07-00264 Department of Economic Development so it puts the people, the elected officials, in a very difficult position, and that phrase was repeat several times, and I'm troubled because -- and especially, these are items regarding parks, and now that we have all these new plans for parks, and you know, we had this meeting last Saturday, and the project that is coming before us, we need to know what is going on with the parks, and whose district is being hit, what is planned or not planned. It's very troubling to be just not informed, so I'm hoping that the Administration will brief the members of the board, and we understand what is going on with the parks, what is going on with the projects, and the whole projects, so I am -- I'm hope -- I hope that we get all the information, and that the members of the board, of the Bond Oversight also get the information. Commissioner Spence -Jones: Mr. Chairman, I just want to also just -- I know (UNINTELLIGIBLE) pass the item. I just want to just make this comment, adding onto what you're saying, because that is a -- Mary, there is a certain level of frustration with the Bond Oversight boards -- Board. I know my appointees are thoroughly frustrated with the projects that they voted on and that they've approved, and now, for some reason, they're not moving, so I would also like to make sure that, if there's any way possible, that they're not the last ones to know the changes, so if there's any -- I don't know if there's a Bond Oversight Board prior to the March 22 meeting. Mary Conway (Chief of Operations): Yes, there is, and we committed to do two briefings of the Bond Oversight Board Audit Subcommittee to make sure that all of their questions, not even so much from last week's meeting, but the prior month's meeting were addressed prior to -- Vice Chairman Sanchez: All right. Ms. Conway: -- the bond changes going before the Commission on the 22nd. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: Let's expedite that report. OK. There's a motion and a second to defer RE.3. All in favor, say "aye." Commissioner Regalado: No. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." I believe there's -- Commissioner Regalado: No. Vice Chairman Sanchez: -- one no, Madam Clerk, for the record. Priscilla A. Thompson (City Clerk): Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AT THE REQUEST OF WAGNER SQUARE LLC, AND SUBJECT TO NO OBJECTION FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), AUTHORIZING WAGNER SQUARE LLC, TO REDUCE THE TOTAL NUMBER OF RESIDENTIAL UNITS TO BE BUILT IN EACH OF THE TWO RESIDENTIAL TOWERS TO BE DEVELOPED ON THE PROPERTY FORMERLY KNOWN AS THE CIVIC CENTER SITE, LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA ( "PROPERTY"), FROM 99 TO 52, TO ELIMINATE THE 47 MARKET RATE UNITS PLANNED FOR EACH TOWER, BUT MAINTAINING THE REQUIRED 24 WORKFORCE AND 28 AFFORDABLE City ofMiami Page 129 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 HOUSING UNITS, AND TO COMMENCE CONSTRUCTION OF THE FIRST RESIDENTIAL TOWER BY NO LATER THAN JUNE 10 , 2008; SUBJECT TO NO OBJECTION FROM HUD, FURTHER AUTHORIZING THE COMMERCIAL COMPONENT OF THE PROJECT TO CONSIST OF A MINIMUM OF 108,000 SQUARE FEET OF COMMERCIAL SPACE; SUBJECT TO NO OBJECTION FROM HUD, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDED DECLARATION OF RESTRICTIONS, AND FIRST AMENDED DECLARATION OF RESTRICTIONS AND REVERTER, IN SUBSTANTIALLY THE ATTACHED FORMS, TO EVIDENCE THE FOREGOING AUTHORIZATION AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION. 07-00264 Legislation .pdf 07-00264 Exhibit SUB.pdf 07-00264 Summary Form.pdf 07-00264 Pre -Attachment .pdf 07-00264 Letter .pdf 07-00264 Pre -Attachment 2 .pdf 07-00264 Letter 2 .pdf 007-00264 Correction e-mail.pdf Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-07-0147 Vice Chairman Sanchez: RE.4 is Commissioner Gonzalez, the chair; it's his district, and we would wait for him to be here to discuss his item. We go to RE.5. RE.5 is -- Commissioner Spence -Jones: We did that, too. Vice Chairman Sanchez: -- depart -- We did that? Jorge L. Fernandez (City Attorney): You did that. Commissioner Spence -Jones: I thought we did. Vice Chairman Sanchez: I apologize. All right. [Later..] Commissioner Spence -Jones: Where are we going back to? Commissioner Regalado: RE.4, Mr. Chairman. Chairman Gonzalez: R -- Commissioner Regalado: RE.4. We had deferred that one until you came back. Vice Chairman Sanchez: All right. Let's take up RE.4, and then we'll go ahead and take care of the DDA (Downtown Development Authority), and hopefully, we could -- Chairman Gonzalez: RE.4. City ofMiami Page 130 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: -- get out of here early. I'm glad that Commissioner -- Commissioner Spence -Jones: Yep. Vice Chairman Sanchez: -- Sarnoffwas able to get to the airport. All right. RE.4. Sir, you're recognized for the record. Glendon Hall: Yeah. Good afternoon, Commissioners. Glendon Hall, assistance director, Economic Development. This item before you is a request from the developer Wagner Square LLC (Limited Liability Corporation), to reduce the number of residential units to each of the two towers in the Wagner Square project from 99 to 52, eliminating the 47 market rate condos; however, retaining the required 24 workforce and 28 affordable housing units. Also to commence the consfruction by June 10, 2008, with a commercial component to contain a minimum of 108,000 square feet. The aforementioned was all subject to no objection from the Department of Housing and Urban Development. The letter consenting to the change was received this week and was circulating to the Commissioners' staff yesterday and submitted into the record with the City Clerk as Attachment B to the agenda item. Chairman Gonzalez: But they going to keep the affordable housing portion of it and also the workforce portion of it, right? Mr. Hall: Yes, sir. Chairman Gonzalez: I'm ready to move the item. Vice Chairman Sanchez: All right. RE.4 is a resolution. Commissioner Regalado: Second. Vice Chairman Sanchez: There is a motion by the Chair, Commissioner Gonzalez, second by Commissioner Regalado. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. All right. Mr. Hall: Thank you. RE.5 07-00266 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE APPROXIMATELY 6 ACRES OF REAL PROPERTY LOCATED AT 2300 NORTHWEST 14 STREET, MIAMI, FLORIDA, AS DEPICTED ON EXHIBIT "A," ATTACHED AND INCORPORATED (THE "PROPERTY"), PURSUANT TO THE OPTION AGREEMENT FOR SALE AND PURCHASE, DATED JANUARY 26, 2007, BETWEEN THE MIAMI POLICE BENEVOLENT ASSOCIATION, INC., A FLORIDA NON -FOR -PROFIT CORPORATION, THE FLORIDA COMMUNITIES TRUST, A NONREGULATORY AGENCY WITHIN THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF MIAMI ("CITY"), ATTACHED AND INCORPORATED (THE "OPTION AGREEMENT"), IN CONNECTION WITH City ofMiami Page 131 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 THE EXPANSION OF FERN ISLE PARK, FOR A TOTAL PURCHASE PRICE OF EIGHT MILLION THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($8,350,000), AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE OPTION AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO ACCOMPLISH THE ACQUISITION OF THE PROPERTY; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000), FROM THE SPECIAL REVENUE FUND ENTITLED "FERN ISLE PARK EXPANSION PROGRAM," APPROPRIATED TO COVER THE CITY'S PORTION OF THE COSTS ASSOCIATED WITH SAID ACQUISITION. 07-00266 Legislation .pdf 07-00266 Exhibit .pdf 07-00266 Exhibit 2 .pdf 07-00266 Exhibit 3 .pdf 07-00266 Exhibit 4 .pdf 07-00266 Exhibit 5 .pdf 07-00266 Summary Form.pdf 07-00266 Master Report.pdf 07-00266 Master Report 2 .pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0142 Pedro G. Hernandez (City Manager): Mr. Chairman. Chairman Gonzalez: All right. Let's take -- Mr. Hernandez: Mr. Chairman, there is -- Chairman Gonzalez: I don't have any questions. Mr. Hernandez: -- one item that if -- you could possibly consider, which is RE.5. Chairman Gonzalez: Yeah. Mr. Hernandez: RE.5 is the purchase of six acres. That's the PBA (Police Benevolent Association) fract that will be added to Fair Isles [sic] -- Chairman Gonzalez: Fern Isle Park. Mr. Hernandez: Exactly. Chairman Gonzalez: It's an expansion. It's an additional park in the City ofMiami. Mr. Hernandez: It's something that the Commission has previously approved the option to purchase, and -- Chairman Gonzalez: Right. Mr. Hernandez: -- this is it. City ofMiami Page 132 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: Now we approve -- we need to approve the actual -- Mr. Hernandez: Yes. Chairman Gonzalez: -- purchase, right? Mr. Hernandez: Yes. Chairman Gonzalez: All right. Is there a motion on RE.5? Commissioner Spence -Jones: Guys, you got -- hello. Chairman Gonzalez: Hello. Commissioner Spence -Jones: Hello, hello -- Chairman Gonzalez: Hello. Commissioner Spence -Jones: -- hello -- Chairman Gonzalez: Excuse me. Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: -- hello. We're -- Vice Chairman Sanchez: You wanted me? Commissioner Spence -Jones: -- bringing up an item, RE.5 -- Chairman Gonzalez: RE.5 -- Commissioner Spence -Jones: -- the purchase of the six acres. Chairman Gonzalez: -- is the actual -- remember, we approve the negotiation of the -- Mr. Hernandez: It's the PBA parcel. Chairman Gonzalez: -- PBA site. Vice Chairman Sanchez: Oh. Commissioner Sarnoff Right. Chairman Gonzalez: We add it as -- Mr. Hernandez: This is -- yeah. Chairman Gonzalez: -- a new park to the City stock. Now we need to approve the actual purchase of the park. They're ready to close on the deal. Commissioner Sarnoff I'll make a motion. Chairman Gonzalez: We have a motion. Is there a second? City ofMiami Page 133 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: I'll second it -- Chairman Gonzalez: We have -- Vice Chairman Sanchez: -- although I didn't support it the last time -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- but let me just state something for the record before we go to lunch. I think it's a great idea, and I praise the district Commissioner for looking to expand his parks. The only concern that I had was that I wanted to make sure that the money that we're using from the revenue be put back into the revenue, if all possible, because I'm a stickler that the City should not be going into its revenues when the revenues are getting lower and lower every year - Chairman Gonzalez: Lower, yeah. Vice Chairman Sanchez: -- and we are dictated by law to have an "X" amount of reserves, but you know, I voted against it, but the disfrict Commissioner has done such a good job at his disfrict on his parks that I cannot vote against him on this one now. I know he wasn't happy with my vote last time. Chairman Gonzalez: Thank you. I thank you. Commissioner Spence -Jones: I definitely support the Chairman on having definitely more parks in the area. We definitely need more, and I know Allapattah needs -- his community needs them. Just want to make sure that we're mindful -- and this is really more of an Administration standpoint, you know. We really -- you know, we have to really determine what we're going to use reserve dollars for. You know, clearly, when we start looking, at needs, parks definitely falls high on that list, but we also know housing falls first of the list, so as we begin to go into the new budget for the new year, we need to really determine, you know, what items are really important, and what we need to set aside for issues that come up like this, you know, or issues that come up that may require us losing housing because we don't have the match or whatever is necessary in order for us to, you know -- Vice Chairman Sanchez: But -- Mr. Hernandez: Excellent point, Commissioner. Commissioner Spence -Jones: -- support it. Vice Chairman Sanchez: -- Mr. City Manager, on a better note, we realize that, in iffuture, we're going to have an opportunity to tap into the impact fee and not be able to tap into our reserves, so having said that -- Mr. Hernandez: Yes. Yes, sir. Chairman Gonzalez: All right. We have a motion, and we have a second on RE.5. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Now we're going to take a recess, and thank you for the support. We're going to take a recess until 3 o'clock. Thank you. City ofMiami Page 134 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 RE.6 07-00267 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF THE PUBLIC HELIPORT PROJECT ("HELIPORT PROJECT") ON WATSON ISLAND, IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR SAID HELIPORT PROJECT, IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000), FROM FUNDS TO BE IDENTIFIED BY THE CITY MANAGER PRIOR TO THE EXPENDITURE OF SAID FUNDS. 07-00267 Legislation .pdf 07-00267 Exhibit.pdf 07-00267 Exhibit 2 .pdf 07-00267 Exhibit 3 .pdf 07-00267 Exhibit 4 .pdf 07-00267 Exhibit 5 .pdf 07-00267 Exhibit 6 .pdf 07-00267 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Gonzalez R-07-0146 Jorge L. Fernandez (City Attorney): RE.6. Vice Chairman Sanchez: RE.6. RE.6 is a resolution. Laura Billberry (Director): Lori Billberry, Public Facilities. The item before you is a resolution authorizing a JPA (Joint Participation Agreement), also a Joint Participation Agreement with FDOT (Florida Department of Transportation) for construction of the public heliport on Watson Island, in the amount of one million. The City had initially entered into a JPA for 4.7 million back in 1998. At that time the project incorporated offices of the Convention and Visitor's Bureau and a larger terminal facility, combined facilities with the seaplane base, and due to funding restrictions, the Bureau withdrew, and the project has been downsized. In July of '05, the Commission had approved an amendment to the JPA that actually reduced the funding to one million, and at this time, due to the age of the original agreement, FDOT is replacing the original $1 million with a new source of funds of one million, and that is the purpose of the agreement today, is to continue it. There is a 50/50 match. It is always been contemplated we would be looking for the heliport operator to be providing that match, and would be incorporated to -- into any negotiation of a lease agreement with that operator. Vice Chairman Sanchez: All right. We need a motion and a second for the purpose of discussion. Is there a motion to approve or deny it? Commissioner Regalado: I -- I'll make a motion to approve for discussion. City ofMiami Page 135 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: All right. There's a motion. We need a second -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- for the purpose of discussion. Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Sarnoff. Commissioner Regalado: Lori. Vice Chairman Sanchez: The item is under discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. Lori, I'm a little confused here. MSEA (Miami Sports & Exhibition Authority) has not approved this. Ms. Billberry: No. They -- JPA is with the City ofMiami and not with MSEA -- Commissioner Regalado: I understand that. Ms. Billberry: -- and that was original agreement was also with the City ofMiami. Commissioner Regalado: -- butMSEA -- you were there. The last time we met, I think it was two years ago or something. We had an operator. Ms. Billberry: Yes. MSEA is continuing to negotiate the -- in a lease agreement with Paul Dudley from Linden -- in New Jer -- Linden Airport, in New Jersey; he was the successful proposer, and they are continuing to do negotiations. The delays have been manyfold as a result of tunnel, not knowing what boundaries we could provide, and that sort of thing, and we believe, at this point, we have identified boundaries and would be moving forward, hopefully in the near future, with providing amendment to the initial interlocal agreement with MSEA, as well as a sublease agreement with Mr. Dudley for the heliport in the future. We are also already underway with getting the new heliport layout approved by the FAA (Federal Aviation Administration) and FDOT at this time. Commissioner Regalado: Yeah, but I'm still confused. Is the money coming -- the matching fund coming from MSEA or -- Ms. Billberry: No. Commissioner Regalado: -- or the City? Ms. Billberry: No. It would come from the heliport operator, meaning in this case, Mr. Dudley, if we finalize an agreement with him. Commissioner Regalado: Right, and that's what I'm saying. It's -- MSEA hasn't -- Ms. Billberry: Correct, they will not be putting a dime into this. Commissioner Regalado: No, no. I know, but this has not been discussed in MSEA, the -- I mean, the -- MSEA approved -- the last time we met, I think you were there, of course, is there were some issues of the construction of the hotels, the sue from the airline; it was a little City ofMiami Page 136 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 complicated, so I don't -- I mean, I don't want to stop this, butt really don't -- I don't understand -- Mr. City Attorney, what is the role ofMSEA here? Jorge L. Fernandez (City Attorney): The role ofMSEA is for those properties that they presently own or manage is to make decisions. The decisions relative to the heliport would be decisions that would be processed through MSEA. MSEA handles funds. Commissioner Regalado: Watson Island. Mr. Fernandez: Right, exactly. Commissioner Regalado: OK, so what are we doing here? Ms. Billberry: The -- Mr. Fernandez: Because the State has the contract or the grant with the City, not with MSEA. Commissioner Regalado: How about if the MSEA Board rejects this? Ms. Billberry: Our interlocal agreement, as it reads right now with MSEA, is that we would be bringing to the table any funds that we get from FDOT, and in the past, it was actually a much larger amount, and it's been reduced by FDOT to the one million as a result of downsizing the project. Commissioner Regalado: OK. Look, I'm not going to -- but I think it's wrong. It's wrong that, at least, MSEA is -- somehow is involved in this decision. I mean, the Mayor is the Chairman; I'm supposed to be the Vice Chair, although we don't meet, so I'm nothing, and we got other two members of the Board of Commissioners and other members, and there's a lot of things going on on Watson Island, so I'm not stopping this, but I think that we need to understand, just for legal purposes, the MSEA counsel is explaining something to the City Attorney. Mr. Fernandez: You know, at the end of the day, if the MSEA Board, as the tenant of the property, is unwilling or desires not to go through with the heliport or -- then this money will be returned to the State, but certainly, MSEA would play a role. Your issue is MSEA should have been consulted and involved -- Commissioner Regalado: Before. Mr. Fernandez: -- before coming here. Commissioner Regalado: Before, of course. Mr. Fernandez: The -- it is our opinion -- or perhaps the Administration, we work this issue -- that it would be no harm for to get the money, to have it upfront, bring it to the table -- Commissioner Regalado: OK. Mr. Fernandez: -- to MSEA, and then, you know, MSEA or the operator then coming up with a match. Certainly, the anticipation is that it wouldn't be MSEA coming up with the match at all. The anticipation and the plans all along have been that the operator would come up with the match. Now, if that is not agreeable to MSEA, for whatever reason, then the State would be happy to get its money back. Commissioner Regalado: That's not the point. That's not the point. Suppose that they bring a pocket item $50 million for the stadium from CRA (Community Redevelopment Agency) this City ofMiami Page 137 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 afternoon, what would the chairperson do? Commissioner Spence -Jones: Be angry. Mr. Fernandez: Yeah. I understand your point, Commissioner. Vice Chairman Sanchez: All right. Are you done, Commissioner? Commissioner Regalado: Yeah, I'm done. Vice Chairman Sanchez: Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff No comments. Vice Chairman Sanchez: No comments. I just have a -- once again, any time that it's required matching funds and you read a resolution that says "Funds to be identified by the City Manager prior to expenditure of said funds," I get a little bit concerned, especially you know, we can't be - - David Copperfield magic with dollars gets us in trouble every time we do that. We commit ourselves to matching funds, then, of course, later on we have to go out there and get these matching funds, so I'm still very concerned, and when it comes down to funding, ifI don't see a line item ticket identified where the money's coming from, that we have it, I get very, very concerned, so I'm telling you right now, if we don't identify the account with the money, it's not going to have my support, and it comes to us without any identification, where the money is coming from. The deal doesn't go through -- Ms. Billberry: And I understand. We did put it in the background and probably could have worded the resolution a little clearer, but we -- Vice Chairman Sanchez: All right. Ms. Billberry: -- and we had it -- Vice Chairman Sanchez: Let me do something. Ms. Billberry: -- in the agenda form -- Vice Chairman Sanchez: We've been three years -- Ms. Billberry: -- but we could have been clearer. Vice Chairman Sanchez: -- at this. We've been three years at this. I think another month isn't going to kill us. If you guys want to move forward, I'm prepared to vote no on the issue. I mean, is there -- there's a motion and a second to approve it, right? Commissioner Sarnoff Correct. Ms. Billberry: In order not to jeopardize these funds, is it just a matter that you would like us to Commissioner Sarnoff Identify -- Ms. Billberry: -- maybe reword the part about being identified by the City Manager to say that to come from the future heliport operator? Vice Chairman Sanchez: Yeah, but listen, you know, I'd rather jeopardize the funds than City ofMiami Page 138 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 jeopardize my reputation, all right, and when it comes down to voting on these issues that we take three years and then we bring it to the Commission and it's got to get done within a time restriction, it puts me in a very awkward situation where I don't like to make decisions when I don't have all the facts on the table. Ms. Billberry: We were just advised only about a month ago that the FDOT was requiring a new IPA of us. This is not something we have known for three years. Vice Chairman Sanchez: But passing this resolution, it commits us to those fundings [sic]. We got to -- Ms. Billberry: No, it does not. Vice Chairman Sanchez: -- come up with a -- it does not? Ms. Billberry: No. We can return the monies. Vice Chairman Sanchez: Then I don't have a problem. Yeah. Well, hey, it's just like everything. When the federal government gives you money for a specific item and you don't use it, you got to return it. Because you know what? There's people in line to get that money, whether it's transportation money, whether it's capital improvement money, so -- Ms. Billberry: We would -- Vice Chairman Sanchez: -- well -- Ms. Billberry: -- just have to return the money. Vice Chairman Sanchez: All right. There's a motion to approve. The motion was made by, I believe -- Commissioner Regalado: Me. Vice Chairman Sanchez: -- Commissioner Regalado, second by Commissioner Sarnoff. It's a resolution. No further discussion. All in favor, say "aye." Anyone in opposition, having the same right. It passes 3/1. I vote no on the item. Commissioner Regalado: And I just want to know -- thank you -- Mr. Chairman, ifI may -- if possible, that when the money comes to the City from the company that won the award, that we'll be notified, because I suspect that probably the City will guarantee the million dollar? Ms. Billberry: IfI may, the -- when the City -- when MSEA, actually, enters into a sublease with the operator, that sublease does require the approval of this Commission -- Commissioner Regalado: And meanwhile? Ms. Billberry: -- so you will see that. In the meantime, we -- these monies will not be spent, and it's done on a reimbursement basis. Commissioner Regalado: Oh, reimbursement -- Ms. Billberry: Yes. Commissioner Regalado: -- so we are taking the money from the general fund? City ofMiami Page 139 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Billberry: No, no, no. We would be having the heliport operator. We would be working with them on how they submit their bills to ensure that they're covering the costs. Larry Spring (Chief Financial Officer): Andl would -- Commissioner Regalado: Where is the million dollar coming from now, now? If -- Mr. Spring: No. Commissioner Regalado: Nowhere? Mr. Spring: No. Commissioner Regalado: The City is not putting one cent at all? Ms. Billberry: Correct. Mr. Spring: Correct, Commissioner. Mr. Fernandez: However, the City is making a representation by passage and adoption of this resolution. We're representing to the State of Florida, who is the grantor -- Commissioner Regalado: Exactly. Mr. Fernandez: -- that the City -- Commissioner Regalado: And how 'bout if the company doesn't come up with a million dollar? Mr. Fernandez: Well, then, we will have to return the money to the State because we would not be able to live up to our obligation. What Hs. Billberry's telling you is that the language of the resolution reads that the City Manager will find the funds, but she's giving you what's behind that, factually, textually. You can, you know, take her at face value, but for purposes of the State of Florida, the City needs to stand behind the transaction so that there is legitimacy and weight to them giving the City a million dollars. The fact that we intend the match to come from the operator is an internal issue that we have determined it to be that way. Commissioner Regalado: OK. Vice Chairman Sanchez: OK. I just went to ask exactly when the Chairman's coming back. I want to get you out of here. I apologize. We'll fry to get you out of here as quickly -- you've been here all day, and I apologize for that. Unidentified Speaker: But you have quorum, Commissioner. Vice Chairman Sanchez: Yeah, we have quorum, but still, we're going to wait for the Commissioner to get here. RE.7 07-00334 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Office CITY MANAGER'S REPORT OUTLINING THE BASIC PARAMETERS OF AN AGREEMENT BY AND AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA MARLINS, LP, AND MAJOR LEAGUE BASEBALL, RELATED TO DEVELOPMENT OF A NEW BALLPARK FOR THE FLORIDA MARLINS, SUBJECT TO SUBSEQUENT COMMISSION APPROVAL. City ofMiami Page 140 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 07-00334 Legislation .pdf 07-00334-Exhibit-SUB. pdf 07-00334 Summary Form .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0128 Direction by Commissioner Spence Jones to the City Manager to accelerate the progress on the extension of the CRA (Community Redevelopment Agency) life and expansion of its boundaries with Miami -Dade County. Chairman Gonzalez: All right. I'm -- now I'm going to bring a couple of items out of order, reason is I'm going to have -- I have a doctor's appointment early this afternoon, so we're going to need to have everybody here in order to vote on these two items so -- to get a decision on the items, so I want to bring them up now. One is RE.7, and that is in reference to the ballpark. Mr. Manager. Commissioner Regalado: Which one? Chairman Gonzalez: RE.7, the baseball park. Commissioner Spence -Jones: What are we doing? Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: Yes, Mr. Manager. Mr. Hernandez: -- Commissioners, this is item RE.7, which is a resolution, in essence, accepting a report that I prepared and sent to you back in February 27 of this year, and it deals with the ongoing negotiations that the City and the County have been having with Major League Baseball and the Marlins. The report, in essence, asks for you to accept and, in essence, to authorize the Administration to continue to negotiate with Major League Baseball and the Marlins. The report itself is specific about a site, which is a downtown Miami site just north of the County government center building and south of the Miami Police Department building. The report also talks about a financial plan to support the construction of the stadium. A similar item to the one you have before you was heard last Tuesday at the Board of County Commissioners, and I think it's important that provide an update on the action that the Board of County Commissioners took. They discussed the item for, I would say, approximately two plus hours. The major concerns that they had with the downtown site was the size -- it's about nine acres -- the impact to the children's courthouse that the County has been planning to construct on the north side of 3rd Street, east of Northwest 2nd Avenue, the use of CRA (Community Redevelopment Agency) funds, and the impact to adjacent buildings, including the charter school on 3rd Street and 3rd Avenue. We, the City, also have a very specific concern. The way that they have the children's courthouse issue, we have a concern with the college of policing that is scheduled to go at the northwest corner of 3rd Street and Northwest 2ndAvenue, which, at this point, is 80 percent complete in the design phase. The board also inquired about the status of the ongoing negotiations between the City and the University ofMiami, reference the renovation of the Orange Bowl. The City has been working extremely hard with the University over the last, I would say, three, four, or five months in crystallizing a renovation plan that we both felt would be proper for the Orange Bowl. We are, at this time, working to develop financial options to be able to match and support those improvements that we visualize were the best value for the Orange Bowl. The improvements that are proposed to the Orange Bowl through the planning process are extremely complex, are very elaborate, will make it a first-class facility, but are also City ofMiami Page 141 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 very high and expensive. We're working with our consultant to scale down that improvements and to see if there is a way to match the improvements to the dollars that we feel could be available. When the Board of County Commissioners heard this, they asked me how long would it take for you to know whether this is a feasible plan. I said it would take about 45 to 60 days. They then expressed -- several board members at the County then expressed that if that becomes an option that is not practical, that is not feasible, that then the Orange Bowl should be considered as a site for a future ballpark for the Marlins. The board, I would say, as a group, expressed consensus for that direction. After considerable discussion, the board passed, 11/1, a resolution supporting accepting the report from the City Manager that basically spoke about the parameters of the ongoing discussions towards a baseball agreement, with one exception, that they said that it be non site specific. The County, in essence, sent a strong message to the State Legislature that the County is supportive of a baseball park and supportive of the financial plan that has been proposed up to now by the County and supported by the City. The State Legislature, in its session this year, will be considering a sales tax rebate of a present value of 30 million that is the missing gap in the financing of the Marlins ballpark, which is now estimated at 490 million. The State action is also non site specific, so in essence, the action that the County took by making it non site specific is compatible to the State requirement. Based on the outcome of the County Commission meeting on last Tuesday, I would like to modify item RE.7 to, in essence, also make it non site specific and accept all the other parameters in my report to you of a couple of weeks ago. I would request that you allow me, you know, the flexibility to continue to work with the County in negotiating with Major League Baseball and the Marlins, and that we can develop a baseball agreement that can come to you, hopefully, maybe towards the end of April, for the construction of a Marlins baseball park somewhere in the City ofMiami. From a, I would say, overall perspective, that the downtown site looked good. However, I think that other sites in the City ofMiami, including the Orange Bowl, could be very good sites. I'm asking that the City Commission, in essence, join the Board of County Commissioners in sending the message to the Legislature that local government, both city and county, are supportive of the baseball park, and that the City ofMiami wants the Marlins in Miami. Thank you, Mr. Chairman. Commissioner Spence -Jones: I hope it's not in Overtown. Chairman Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, Commissioner Regalado. Commissioner Regalado: Thank you very much. It has been six years since I first introduced a resolution to use the Orange Bowl as the site, six years, in 2001, and I'm glad that the Manager feels that that is one of the sites or the preferred site, and the County Commission does too, as expressed by eight of the twelve members present there, specifically, the Orange Bowl. We -- and I have been always supportive of the stadium, but I just want to go on record and saying that I will not vote for any funding from the CRA to be used for a baseball stadium. I'm one of the five board members, and I think that we need to send also that message, in my case, so the people in the County, and the people in the State, and the Major League, and the Marlins organization will not be confused, since in the original plan, there is a component of CRA funding, and I just wanted to go on record, as I said before, and hopefully, we will have a vote, if possible, in the CRA in the next meeting to see how it goes, but it is important to understand that it is the responsibility of this Commission to decide where the CRA money goes, and the County does not have that responsibility, so as a board member, I just want to be on record that I will be opposing any CRA funding for the stadium, and as to the downtown site, there're more questions than answer because we've -- like you said, we have spend already more than a million dollars in the planning for the police training facility, and there are other issues regarding monies that already been allocated and everybody was looking forward to the police training facility, City ofMiami Page 142 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 although I voted against because of the other component, but it doesn't mean that I don't support, and I fully support the concept of the training facility, so I am ready to give the Manager all the flexibility (UNINTELLIGIBLE), but I just want to be on record that I don't want to rain in anybody's parade, but if there is a component of CRA money, money for the poor, for redevelopment in the poor area, I won't even vote for the stadium. Simple as that. I feel that we have enough -- in fact, the County has received a record number of monies from the tourist tax this year, $43 million, compared to 35 in the last year, and if we are smart, the City and the County, using that money, we can overcome all the shortfalls in the stadium, so I am supporting of the Manager. I trust that the Manager will do the right thing for the City ofMiami and its residents, and -- but I just wanted to be very clear in record that I will fight any effort to use redevelopment money for the stadium. Thank you, Mr. Chairman. Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: Thank you, sir. Commissioner Spence -Jones: Mr. Chairman -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- I just want to add, and I think it's important for me to say this. I really appreciate your viewpoint, Commissioner Regalado, for always supporting the folks in Overtown and making sure that, at least, poor people have an opportunity. As you know, in the last couple of meetings we've had, from a CRA standpoint, I think we've all been on the same page that those dollars from CRA should not be used for anything else but helping the people that live in Overtown, and that should be our commitment first, and I think that, Mr. Manager, was the fear from day one, and I think, even most recently, even after the vote at the County -- and I'm glad that many of them understood how important it was, definitely, to have a stadium, you know, in the City ofMiami, but not making the site -- not determining where the site was going to be, I thought, was a pretty powerful statement to send to Tallahassee that we do support a stadium coming but we have to consider the folks that live in certain areas and where that stadium goes. I just would want to make sure -- two things. It is -- when we're briefed on items, such as stadiums or any major projects that are taking place, it's really important for us to really hear from management first, the position, than to see it in the papers, you know, and I think that while I 've been briefed a lot -- I don't know if all of my colleagues have brief -- been briefed, but I got a whole bunch of phone calls the very next day after the statement was made that dollars would be used from the CRA, and -- by our Manager, and I think there was even a little conflict on the dais in the County regarding it, so I just want to, at least, put on record that, you know, it's really important that we hear it from you first, and especially, the County Manager saying something totally different and then we're contradicting it from a City's perspective in the midst of the meeting, so I think it was important for me to, at least, say that, and as the Chair of the CRA, I have a responsibility to make sure that we deliver to the people and we don't mislead anyone, and last, but not least, I saw that there was so much energy going around making baseball happen, and I think the Orange Bowl Stadium is the best location for the stadium, and I support that 100 percent. I just want to see the same type of energy, vigor that went into trying to make a deal like this happen with the County, the same kind of energy, Mr. Larry and Mr. Manager, goes into making sure that we get those boundaries expanded for the Overtown area, and I -- and the Omni area because, you know, in the beginning, there was a lot of energy around making it happen, making it happen because there was a so-called carrot at the end of the stick, and the reality is -- and I've been pushing very hard for the last six to nine months to make sure that the County comes to the table to expand these boundaries to make sure that we include, basically, the majority of Overtown so the folks living in Overtown can benefit from a CRA, and that has not been moving, and making sure the life of the CRA -- because in order for us to really finally to begin to deliver to the folks in Overtown, we need to have the life expanded, so you know, we're not hearing the same kind of you know, interest to see that those documents City ofMiami Page 143 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 and those things get signed and dealt with like we did during baseball, so I'm putting on the record today -- because I keep asking about it, while I'm very excited to see, you know, the possibilities of the Marlins coming to Miami, I definitely want to see the same level of excitement going into finalizing this agreement with the County regarding the issue of the expansion of the CRA and extension of its life. I think it's very important for us to make sure that we deliver to the people of Overtown, and that is my only statement. Mr. Hernandez: Mr. Chairman, ifI may? Chairman Gonzalez: Yes, sir. Mr. Hernandez: I wanted to advise the Commissioner that the County does have a very similar urgency, as we do, in moving forward with the expansion of boundary and extension of time. They expressed that to me this week, and we'll be working with them to move those items forward. Thank you. Chairman Gonzalez: All right. Any other comments? Commissioner Sarnoff I -- Chairman Gonzalez: All right. Commissioner Sarnoff Mr. Chairman, I'd just like to say -- Chairman Gonzalez: Yes, sir. Commissioner Sarnoff -- simply put, we're only being asked to support the continued negotiations, and from a limited knowledge that I have, this is a good deal for the City ofMiami. There's no two ways about it. This is putting a baseball stadium for insignificant dollars that will rehab an area and create, possibly, with the Orange Bowl going from the possibility of six games a year to the better part of ninety games a year, and this -- this makes sense. Chairman Gonzalez: All right. Is there a motion to --? Vice Chairman Sanchez: Mr. Chairman, I -- Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: -- ifI could address the issue? I think the Marlins have two strikes, and I, hopefully -- I hope that this won't be strike number three for them, but let me just state, Mr. Manager and colleagues, I realize that the resolution that's in front of us is a nonbinding resolution basically allowing all parties that have been working together to fry to find a site for the Marlins and keep them here in South Florida and here in Miami. I think there's certain factors we need to take into consideration, really focus on on this, and I realize that the proposal agreement is coming to us late April, and that's where I think that we need to be very careful on that because that's where you start having binding issues, where really, you know, you're already committed. I mean, as you always state, the camel's in the barn on that issue, but I think that three issues are very important here; one is project cost, required funding, and role of each participant has to be very well-defined as we move forward, and as always, I think the devils are in the detail, and I want to make sure that we are very well briefed before the proposal agreement is presented to us. I think this is, by far, probably going to be one of the biggest commitments that the City's going to make. I want to state for the record that I am supportive of a baseball stadium if it really works out for everyone. I think that everyone has to walk away from the table on that issue as a winner. We've all heard -- I mean, I watched the County and their debate, and I think that we, as a government, must respect other leaders that are looking City ofMiami Page 144 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 out for their districts, as well as the people that they represent, and it was made very clear in the County of certain concerns, adamantly against a variety of reasons for the site, which is a nine -acre site, but the issue here that's in front of us is that we need to send a clear message to Tallahassee that we are able to have a strategic plan where, one, there's local support; portable funding strategy is very important in this aspect, and then, of course, the financial commitment of the project, and that's where I think it's very important for the Mayor and the Administration to keep us very abreast of the issues, especially as to the funding issues of the stadium, and I really -- I had an opportunity to take a lot of notes, and I'm OK with the first step. I'm just very concerned about the second step. I think that we need to be prudent, as we move forward with that binding agreement that's coming to us on the 24th, so, you know, I have no agenda. The only agenda that I have is good government, and I want to make sure that when we work out a good deal that everyone wins from this, and especially, the residents in Miami, if that's what the governments agree on the site, so having said that, Mr. City Manager, I do have a motion that I would like to present, and it's a motion to approve subject resolution that will, in essence, allow the Administration to continue forward negotiating, as stipulated in the management ballpark memorandum, which I read and I'm comfortable with as it is right now, once again, having concerns as to when we get to the nitty-gritty of the agreement, and the only amendment that I would like to proffer was one that was made at the County, which it was that the stadium not be site specific, so I think it's a very clear motion. It is a nonbinding -- all that we're giving the Administration is the authority to go to Tallahassee with the other parties and try to secure the funding necessary for the commencement of coming to agreement and starting the process to get a stadium built for the Florida Marlins in the City ofMiami, which, hopefully, they will be called the Miami Marlins, so that's my motion, and so moved. Chairman Gonzalez: All right. Commissioner Sarnoff 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. That motion carries. City ofMiami Page 145 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 BOARDS AND COMMITTEES BC.1 06-01413 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Humberto Luis Rodriguez Vice Chairman Joe Sanchez 06-01413 memo.pdf 06-01413 members.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0148 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Humberto Luis Rodriguez as a member of the Finance Committee. Vice Chairman Sanchez: All right. Let's move right along. What do you want to do, get some board appointments out of the way? Commissioner Regalado: Yeah. Vice Chairman Sanchez: All right. Let's go. All right. The Chair said he'll be here in about 20 minutes, so we'll wait. All right. Let's go through some board appointments. Let's go with -- where's my board appointments? Commissioner Regalado: I have -- Vice Chairman Sanchez: All right. Well, hold -- Commissioner Regalado: -- mine. Vice Chairman Sanchez: -- on because I don't have -- oh, here they go. I got them. All right. Let's go to BC.1. BC.1 is Finance Committee. Commissioner Regalado, you have an appointment for that committee? Commissioner Regalado: Yes. Eli Feinberg. Vice Chairman Sanchez: OK, and I have one also. Priscilla A. Thompson (City Clerk): I'm sorry. If you're going -- I'm sorry. Commissioner Regalado, Mr. Feinberg has met his term limits. If you want to reappoint him, then there has to be an approval of five of the five Commissioners for his appointment. City ofMiami Page 146 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: OK, so I -- we could defer. Anyway, they don't meet -- I think once every three month, right, or maybe six month. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff I'll defer. Vice Chairman Sanchez: All right. I have an appointment. I would proffer the name to the Finance Committee, Humberto Rodriguez. Commissioner Regalado: Second. Vice Chairman Sanchez: Is there anyone else who would like to proffer a name for that committee, if they have an appointment? Larry Spring (ChiefFinancial Officer): Mr. Chair, are you guys still on the Finance Committee? Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: Yes, sir. Larry Spring (Chief Financial Officer): Very important. The -- we're getting ready to issue the second tranche of the homeland defense bonds. We need those appointments on there. Mr. Berkowitz has already communicated that because of a lack of appointments and certain appointees not showing up, they've not been able to have quorum, and we are on a very strict timeline. I'm talking -- Commissioner Regalado: Yes -- Mr. Spring: -- less than 45 days. Commissioner Regalado: -- but in my case, he shows up, and since I have deferred the appointment, he can -- Mr. Spring: He can stay. Commissioner Regalado: -- still be -- Mr. Spring: OK. Commissioner Regalado: -- in the board because since we need five members -- Mr. Spring: Right. Commissioner Regalado: -- for term limits, but I check the appointments and how they show up to the meetings, so he shows up every meeting, so you got him. Mr. Spring: That's a gen -- and I make -- I'm not necessarily making that statement directly to you. It's a general statement with regards to -- Commissioner Regalado: Well, I thought it was -- Mr. Spring: -- the Finance Committee. City ofMiami Page 147 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: -- about me. No, no. Mr. Spring: OK. Commissioner Regalado: I'm kidding. Vice Chairman Sanchez: All right. No further discussion on BC.1. There --I believe two names have been proffered. Commissioner Regalado: No, one. Vice Chairman Sanchez: One -- Commissioner Regalado: Here. Vice Chairman Sanchez: -- name has been proffered. Ms. Thompson: Yes. Vice Chairman Sanchez: Mine? Ms. Thompson: Yes. Vice Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition? Hearing none, it passes. BC.2 07-00044 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Renita Samuels -Dixon Commissioner Marc David Sarnoff 07-00044 memo.pdf 07-00044 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 Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0149 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Renita Samuels -Dixon as a member of the Miami Street Codesignation Review Committee. City ofMiami Page 148 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: OK. We go to BC.2. BC.2 is the street name, which I don't have an appointment. Who has an appointment? Commissioner Sarnoff I do. Renita Samuels -Dixon, from District 2. Commissioner Spence -Jones: Second. Commissioner Sarnoff I think that's it. Vice Chairman Sanchez: All right. I have an appointment, but I'm going to defer that. Anyone else want to defer an appointment or proffer a name? Priscilla A. Thompson (City Clerk): We have -- Vice Chairman Sanchez: Marc, who did you proffer? Commissioner Sarnoff I just did mine; Renita Samuels -Dixon. Vice Chairman Sanchez: All right. Is there a second? Commissioner Sarnoff Spence -Jones gave me a second. Vice Chairman Sanchez: OK. Any other name to be proffered by any -- Ms. Thompson: No, that's it. Vice Chairman Sanchez: -- of the Commissioners? No. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.3 07-00059 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Luis Cabrera Commissioner Tomas Regalado Eileen Broton Commissioner Michelle Spence -Jones 07-00059 memo.pdf 07-00059 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 149 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 R-07-0150 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Luis Cabrera and Eileen Broton as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Vice Chairman Sanchez: All right. BC.4, which is the Miami Sports and Exhibition Authority. If someone could proffer my name? I don't know if -- Priscilla A. Thompson (City Clerk): I'm sor -- Commissioner Spence -Jones: BC.4. We didn't miss -- Ms. Thompson: BC.3. Commissioner Spence -Jones: -- BC.3? Vice Chairman Sanchez: I'm sorry, BC.3. Just bear with me here. That's the Improvement Bond [sic] Oversight Board. Commissioner Spence -Jones: Neighborhood Improve -- Vice Chairman Sanchez: Appointed [sic] by -- Commissioner Gonzalez is not here, but there -- Commissioner Regalado, do you have an appointment? Commissioner Sarnoff BC.3, appointment. Ms. Thompson: BC (Boards and Committees) -- Commissioner Spence -Jones: Commissioner Regalado? Commissioner Regalado: BC.3 -- Vice Chairman Sanchez: Improvement Bond Program Oversight Board. Commissioner Regalado: Oh, yeah. Which appointment is this one? Ms. Thompson: Mariano Cruz. Commissioner Regalado: I'm sorry? Vice Chairman Sanchez: Homeland Defense. Ms. Thompson: That's -- the seat been -- Mariano Cruz's term expired. Commissioner Regalado: No, no. That's not my appointment. I'm talking about the Bond Oversight Board. My -- I have two appointments. Ms. Thompson: I have you listed here -- I'm sorry. Vice Chairman Sanchez: No. You have one appointment. Ms. Thompson: You only have one. I have two for Commissioner -- Commissioner Regalado: No. City ofMiami Page 150 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Thompson: -- Gonzalez. Commissioner Regalado: Right. Commissioner Spence -Jones: And one for you. Commissioner Regalado: No, I understand, but I'm asking which one of the one I need to reappoint? Ms. Thompson: OK. You're -- Luis Cabrera is -- Commissioner Regalado: And the other? Ms. Thompson: I only have one for you. Commissioner Regalado: OK, so I move Luis Cabrera. Vice Chairman Sanchez: All right. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. Second. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Madam Clerk, I have two appointees, but I don't know which one is it that needs to be reappointed. Ms. Thompson: According to my record here, Eileen Broton. Commissioner Spence -Jones: OK. I'd like to -- I move Eileen Broton. Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. There's a motion and a second for -- Commissioner Spence -Jones: I'll -- Vice Chairman Sanchez: -- the name proffered. Anymore names to be proffered on BC.3? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The Mayor also has some appointment. Has he -- Ms. Thompson: He -- Vice Chairman Sanchez: -- proffered them? Ms. Thompson: -- the -- no, he did not -- Vice Chairman Sanchez: All right. Ms. Thompson: -- proffer. He does -- he didn't give me any names for today. BC.4 07-00173 RESOLUTION City ofMiami Page 151 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Joe Sanchez Commissioner Marc David Sarnoff Doris Freudman Commissioner Marc David Sarnoff 07-00173 memo.pdf 07-00173 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0151 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Commissioner Joe Sanchez and Doris Freudman as members of the Miami Sports and Exhibition Authority (MSEA). Vice Chairman Sanchez: OK. BC.4. BC.4 is Miami Sports and Exhibition Authority. If someone could proffer my name? Commissioner Sarnoff I'll proffer Joe Sanchez. Vice Chairman Sanchez: OK. There's a motion. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right, second, and I believe that Commissioner Sarnoff, you have an appointment; Commissioner Regalado. Commissioner Sarnoff Doris Freudman, F R E U D M-A-N. Priscilla A. Thompson (City Clerk): I'm sorry. I'm not hearing -- Commissioner Sarnoff Doris -- I'm going to say it, I hope, correctly, Freudman, FREUDMAN. Vice Chairman Sanchez: All right. Name has been proffered. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right. Commissioner Regalado, you have an appointment, too. Commissioner Regalado: Yeah, but I'm not sure if this is me or the other person, because some people were taken off the board. City ofMiami Page 152 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Thompson: That's right, so you -- Commissioner Regalado: I'm not sure if Commissioner Sanchez is talking about him or the other person, because other people were taken off the board. Ms. Thompson: According to my records here, you had an appointment; that it was removed from the board -- Commissioner Regalado: Right. Ms. Thompson: -- so your seat is vacant. Commissioner Regalado: Right. Vice Chairman Sanchez: No, no. Ms. Thompson: OK. Vice Chairman Sanchez: I'm -- it's me because I'm the Vice Chair of that. Commissioner Regalado: No, I'm the Vice Chair on MSEA (Miami Sports & Exhibition Authority). Vice Chairman Sanchez: I'm the Vice Chair here. Commissioner Regalado: Oh, you're the Chair here. No, no, but what I'm saying is that some of your people may have been removed because one of the appointments that I have was removed. That's what I'm saying. Commissioner Spence -Jones: Who's the Chair? Who's the Chair? Commissioner Regalado: That -- the Mayor. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: We've got to do away with some of these boards. Commissioner Spence -Jones: Who's the Vice Chair? Vice Chairman Sanchez: I mean, we just got too much [sic] boards; people don't show up; it's hard to get people to commit. Oh, my God. Commissioner Regalado: Well -- Commissioner Spence -Jones: Who's Vice --? Commissioner Regalado: -- anyway -- I mean, I don't know if this is me or the other appointment. Ms. Thompson: No. It's not you. It's the individual David -- Commissioner Regalado: OK -- so I'll defer that one. Ms. Thompson: OK. City ofMiami Page 153 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: All right. OK. That should do it. The names that have been proffered, all in favor, say "aye." Commissioner Spence -Jones: No. Ms. Thompson: No, no, no, no. Commissioner Spence -Jones: You forgot me. Vice Chairman Sanchez: No. You put -- OK I apologize. You have an appointment? Commissioner Spence -Jones: I just want to confirm, who am I --? I do have an appointee on the board. Ms. Thompson: You have a vacancy. Commissioner Spence -Jones: Do I have two appointees? Ms. Thompson: You have a vacancy; one person was removed, and your current indivi -- I'm sorry. You had two seats; both of them were removed, so you have two vacancies. Commissioner Spence -Jones: OK. Can I just ask this question: How often does MSEA (Miami Sports & Exhibition Authority) meet? Ms. Thompson: Just let me look that up. Vice Chairman Sanchez: Once every blue moon. Ms. Thompson: I don't know -- Commissioner Regalado: I told you that we -- see, when we had the Miami Arena, we used to meet like every month, and there was even a buffet, but -- Julie O. Bru (Deputy City Attorney): I think they meet quarterly now. Commissioner Regalado: -- now -- Ms Bru: Quarterly. Vice Chairman Sanchez: Hey, can we get moving? Someone has to catch a plane -- Commissioner Spence -Jones: That's OK. Vice Chairman Sanchez: -- and it's not me. Commissioner Spence -Jones: OK. That's OK. Commissioner Sarnoff Thank you. Ms. Thompson: There's -- they called -- Commissioner Spence -Jones: I would defer my appoint -- I mean, because the reason why they were removed is because they haven't attended the meeting, and the meetings -- City ofMiami Page 154 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: No. Commissioner Regalado: No, no, no. Ms. Thompson: No, no, no, no, no. Commissioner Regalado: The reason that we remove is because if they don't -- they are not City electors. Ms. Thompson: Exactly. Commissioner Spence -Jones: Oh. Ms. Thompson: Exactly. Vice Chairman Sanchez: There you go. Bingo. All right. The names that have been proffered, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.5 07-00174 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 07-00174 memo.pdf 07-00174 members.pdf DEFERRED Vice Chairman Sanchez: Let's go to BC.5. Commissioner Spence -Jones. Commissioner Spence -Jones: Deferred. Vice Chairman Sanchez: OK. That item has been deferred. BC.6 07-00175 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Michelle Spence -Jones City ofMiami Page 155 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz 07-00175 memo.pdf 07-00175 members.pdf DEFERRED Vice Chairman Sanchez: BC.6. Commissioner Spence -Jones: Defer. Vice Chairman Sanchez: You have two; the Mayor has one. Has the Mayor proffered any names? Priscilla A. Thompson (City Clerk): No, he has not. Vice Chairman Sanchez: All right. BC.6. BC.7 07-00176 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00176 memo.pdf 07-00176 members.pdf 07-00176 Legal Opinion.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz Vice Chairman Sanchez: We move to BC.7. BC. 7 is the Community Relation [sic] Board. The Chair has two appointments, and the Mayor has one. I guess the Chair, being not here, we'll defer, and the Mayor has not proffered any of the names? Priscilla A. Thompson (City Clerk): He's deferred his to the -- Vice Chairman Sanchez: All right. Ms. Thompson: -- April meeting. Vice Chairman Sanchez: Moving along. City ofMiami Page 156 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 BC.8 07-00220 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Votes: APPOINTEES: NOMINATED BY: Arva Moore Parks -McCabe Vice Chairman Joe Sanchez Donna Milo Vice Chairman Joe Sanchez Ernie Martin Commissioner Michelle Spence -Jones 07-00220 memo.pdf 07-00220 members.pdf 07-00220 Applications.pdf 07-00220 Legal Opinion.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0152 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Arva Moore Parks McCabe and Donna Milo as members of the Planning Advisory Board. A motion was made by Commissioner Spence-Jones,seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Ernie Martin as a member of the Planning Advisory Board. Vice Chairman Sanchez: BC.8. BC.8 is the Planning Advisory Board, andl have two, andl would like to reappoint Arva Moore Parks McCabe, and my second appointment is Donna Milo. So move. Commissioner Spence -Jones: Second. There's no one else? Vice Chairman Sanchez: All right. There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We move to -- Commissioner Spence -Jones: BC.8. Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: Yes. Ms. Thompson: Commissioner Spence -Jones had a vacancy. I -- are you -- City ofMiami Page 157 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: Yes, I have a vacancy. Ms. Thompson: -- deferring? Commissioner Spence -Jones: No. Vice Chairman Sanchez: Oh, I'm sorry. Commissioner Spence -Jones: I'd like to nominate Ernie Martin. Vice Chairman Sanchez: You've got to make these names bigger here. I mean, that's -- all right. There's a motion on the table by Commissioner Spence Jones. Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.9 07-00221 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ron Cordon Commissioner Michelle Spence -Jones Cornelius Shiver Commissioner Michelle Spence -Jones 07-00221 memo.pdf 07-00221 members.pdf 07-00221 Legal Opinion.pdf 07-00221 Applications.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0153 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Cornelius Shiver and Ron Cordon as members of the Zoning Board. Vice Chairman Sanchez: And we move to BC.9. BC.9 is Zoning Board. Commissioner City ofMiami Page 158 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Spence -Jones, you have two. Commissioner Spence -Jones: OK. You don't have one? Vice Chairman Sanchez: I do, but ladies go first. Commissioner Spence -Jones: Oh, thank you. I'd like to proffer Neil Shiver for one of mine. I need to ask again, Madam Chair [sic], I have two, right? Priscilla A. Thompson (City Clerk): Yes, you do. Commissioner Spence -Jones: OK, so, Ron I'm keeping, Ron Cordon. Ms. Thompson: OK. Vice Chairman Sanchez: All right. Ms. Thompson: So you're reappointing him? Commissioner Spence -Jones: OK. Ms. Thompson: You're reappointing him? Commissioner Spence -Jones: Reappointing him. Vice Chairman Sanchez: Yes, and the Chair is not here to proffer any names. I have an appointment, and I would like to reappoint Juvenal Pina, who is -- will require a five/five waiver of term limits, right? Ms. Thompson: Right. Vice Chairman Sanchez: All right, so we don't have it. Ms. Thompson: Right. Vice Chairman Sanchez: So, therefore, I will withdraw his name until we the fifth voter on the dais. OK, so the names that have been proffered, all in favor, say "aye." Ms. Thompson: I'm sorry; I need a second. I only got the mover. Commissioner Sarnoff Second. Vice Chairman Sanchez: Oh -- Ms. Thompson: Thank you. Commissioner Spence -Jones: Second Vice Chairman Sanchez: Sec -- for the record, the second was made by Commissioner Sarnoff. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Anyone in opposition, having the same right, say "nay." Whew. BC.10 07-00222 RESOLUTION City ofMiami Page 159 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jami Reyes Off -Street Parking Board 07-00222 memo.pdf 07-00222 members.pdf 07-00222 Nominations.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0154 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Jami Reyes as a member of the Off -Street Parking Board. Vice Chairman Sanchez: Moving right along, BC.10. BC.10, that is the Off -Street Parking Board, and I believe the nominated board is Reyes -- Priscilla A. Thompson (City Clerk): Jami, yes. Vice Chairman Sanchez: Jami Reyes -- Commissioner Spence -Jones: Jami. Vice Chairman Sanchez: -- who is the -- Commissioner Regalado: I move to confirm the nomination. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion and a second to confirm. Open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.11 07-00223 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED City ofMiami Page 160 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 HEREIN. APPOINTEE: NOMINATED BY: Jacqueline Zellman Commissioner Marc David Sarnoff 07-00223 memo.pdf 07-00223 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.12 07-00224 Office of the City Clerk R-07-0155 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Jacqueline Zellman as a member of the Community Technology Advisory Board. Vice Chairman Sanchez: And we go to BC.11. Commissioner Marc Sarnoff, that is the Technology Advisory Board. Commissioner Sarnoff Jacqueline Zellman. Vice Chairman Sanchez: All right. The name has been proffered. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado for the record. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Anthony Parrish, Jr. Commissioner Marc David Sarnoff (Business/Finance/Law) 07-00224 memo.pdf 07-00224 members.pdf 07-00224 Applications.pdf City ofMiami Page 161 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0156 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Anthony Parrish, Jr. as a member of the Historic and Environmental Preservation Board. Vice Chairman Sanchez: We move to BC.12, which is the Historic and Environmental Preservation Board, and Commissioner Marc Sarnoff you have, I believe, two. Commissioner Sarnoff I'll defer one, and I'll reappoint Anthony Parrish. Commissioner Regalado: Second. Vice Chairman Sanchez: All right. The names have been proffered. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.13 07-00225 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gustavo Godoy Vice Chairman Joe Sanchez 07-00225 memo.pdf 07-00225 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 Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0157 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Gustavo Godoy as a member of the Virginia Key Beach Park Trust. Vice Chairman Sanchez: And we go to BC.13, which is the Virginia Key Beach. I have an appointment, and the Mayor has an appointment. Has the Mayor proffered any name? City ofMiami Page 162 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Priscilla A. Thompson (City Clerk): No, he has not. Vice Chairman Sanchez: All right. I would like to reappoint Gustavo Godoy, who has been there since day one and has done a tremendous service to this City. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.14 07-00226 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: 07-00226 memo.pdf 07-00226 members.pdf 07-00226 Applications.pdf DEFERRED NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Vice Chairman Sanchez: BZ -- BC.14. BC.14 is the members of the Urban Development Review Board, the UDRB, and Commissioner Sarnoff, you have two appointments. Would you like to proffer any names? Commissioner Sarnoff I'll defer. Vice Chairman Sanchez: All right. He has deferred his appointments. Commissioner Regalado, you have one appointment. Commissioner Regalado: Yeah, I do, butt need a fifth/fifth [sic]. Vice Chairman Sanchez: All right, and you don't have it. All right. Commissioner Spence -Jones, you have two appointments. Commissioner Spence -Jones: Defer. City ofMiami Page 163 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: All right, so all Commissioners have deferred on BC.14. BC.15 07-00227 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. APPOINTEES: 07-00227 memo.pdf 07-00227 members.pdf 07-00227 Legal Opinion.pdf NOMINATED BY: Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz Mayor Manuel A. Diaz DEFERRED Vice Chairman Sanchez: And we go to BC.15, and that is the Orange Bowl Committee. Commissioner Regalado: Mr. Chairman? Vice Chairman Sanchez: Yes. Commissioner Regalado: You have comment on this, but we really need to have this committee meet, the Orange Bowl Committee, now more than ever. I mean, with the Orange Bowl and all that. Vice Chairman Sanchez: Well, the issue here is where -- it's uncertainty [sic] for the Orange Bowl, what's going to happen, and I'm not the Chair of the Orange Bowl, Commissioner. Commissioner Regalado: Well, I thought you were. Vice Chairman Sanchez: No. Commissioner Gonzalez is the chair -- Commissioner Regalado: Oh, OK. Vice Chairman Sanchez: -- so I think we're all anticipating to see what happens with the University ofMiami and the future of the Orange Bowl, to be exact --- Commissioner Regalado: OK. Vice Chairman Sanchez: -- so, OK, my -- you know, I'm going to go ahead and defer both of my appointees, because once again, the two individuals that I had there, because of residency requirements, I -- they can't be on that board anymore. I think it's a shame -- City ofMiami Page 164 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Priscilla A. Thompson (City Clerk): We're now on BC.15, right? Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: All right. Commissioner Spence -Jones, you have (UNINTELLIGIBLE) ? Commissioner Spence -Jones: Yeah. Pierre Rutledge is my person. I'm just, I guess, reappointing him. I have two appointees or one on this? Ms. Thompson: You have two. Commissioner Spence -Jones: OK, so what am I --? I think I might have lost one. Ms. Thompson: Right. Exactly. This is the one that had to be removed of the legal opinion. Mr. Rutledge is still there -- Commissioner Spence -Jones: OK. Ms. Thompson: -- so this is an actual vacancy. Commissioner Spence -Jones: I'll have -- I'll just have to wait. Vice Chairman Sanchez: All right, so BC (Boards and Committees) -- has the Mayor proffered any -- Ms. Thompson: No. Vice Chairman Sanchez: -- names? Ms. Thompson: No. Vice Chairman Sanchez: OK, so BC.15, no action taken on that. BC.16 07-00228 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: George Stanley Commissioner Michelle Spence -Jones 07-00228 memo.pdf 07-00228 members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0158 City ofMiami Page 165 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Sarnoff absent, to appoint George Stanley as a member of the Parks Advisory Board. Vice Chairman Sanchez: BC.16 is the Parks Advisory Board, and Commissioner -- Chairman Angel Gonzalez has two appointees. Commissioner Spence -Jones, you have one. Commissioner Spence -Jones: Mr. George Stanley, I'd like to nominate him. Vice Chairman Sanchez: OK. There's a motion to nominate. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. No discussion on the item. Has the Mayor proffered any names? Priscilla A. Thompson (City Clerk): No, he has not. Vice Chairman Sanchez: All right. The name proffered by Commissioner Spence -Jones, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It carries. BC.17 07-00229 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: Michael Waltman Vice Chairman Joe Sanchez Oscar Rodriguez -Fonts Commission -at -Large (Alternate Member) 07-00229 memo.pdf 07-00229 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0159 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez and Commissioner Sarnoff absent, to appoint Michael Waltman and Oscar Rodriguez -Fonts as members of the Code Enforcement Board. Vice Chairman Sanchez: And we move to BC.17, which is the Code Enforcement Board. Code City ofMiami Page 166 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Enforcement Board. I have an appointment and that -- I would like to reappoint Michael Waltman. Commissioner Regalado: Second. Vice Chairman Sanchez: OK. There's a motion -- Commissioner Regalado: And -- Vice Chairman Sanchez: Well, can somebody proffer -- Commissioner Regalado: -- also -- Vice Chairman Sanchez: -- can somebody make a motion on Michael Waltman? Commissioner Regalado: I'll -- Commissioner Spence -Jones: I'd like to move -- Commissioner Regalado: -- make a motion -- Commissioner Spence -Jones: Second. Commissioner Regalado: -- on behalf of the Chairman. Vice Chairman Sanchez: All right. There's a motion and a second -- Commissioner Regalado: Mr. Chairman -- Vice Chairman Sanchez: -- for the record. Commissioner Regalado: -- I have, as a alternate, Oscar Rodriguez -Fonts, City elector and resident of the City. Vice Chairman Sanchez: Who are the alternates right now that are currently there, Madam Clerk? Priscilla A. Thompson (City Clerk): Just let me check for you. Commissioner Regalado: I know that this will be replacing a person that had to resign. Vice Chairman Sanchez: Because of residency requirements? Commissioner Regalado: No, because of running for an elected position. Vice Chairman Sanchez: Oh, OK, OK. Ms. Thompson: Just one second, please. I'm sorry. You're wanting to know who are the alternates? I don't have alternates listed here on our report. I can check that for you. Vice Chairman Sanchez: All right. Commissioner Regalado: Well -- Vice Chairman Sanchez: No. Let's -- City ofMiami Page 167 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Ms. Thompson: The -- Vice Chairman Sanchez: -- go ahead and wait on it. Ms. Thompson: -- actual alternate position is vacant at this time. I think we just have that one. Commissioner Regalado: OK. Vice Chairman Sanchez: OK. Commissioner Regalado: That's the one I'm -- Vice Chairman Sanchez: All right. There's -- Commissioner Regalado: Oscar Rodriguez -Fonts. Vice Chairman Sanchez: OK. F-O-N-T, right, Font? Commissioner Regalado: F-O-N-T-S. Vice Chairman Sanchez: I'm sorry? Commissioner Regalado: Oscar Rodriguez -Fonts. Vice Chairman Sanchez: Oh, Fonts. With a "Z?" Commissioner Regalado: Yeah. With a "S" -- Vice Chairman Sanchez: With an "S. " Commissioner Regalado: -- at the end. Vice Chairman Sanchez: F-O-N-S [sic]. All right. There's a motion. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a second for the record. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.18 07-00057 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones Commission -at -Large City ofMiami Page 168 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Votes: 07-00057 memo.pdf 07-00057 PACT Response.pdf 07-00057 letter. pdf 07-00057 Resumes PACT.pdf 07-00057 history.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-07-0160 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to appoint Commissioner Spence -Jones as a member of the Performing Arts Center Trust. Vice Chairman Sanchez: And now we go to -- Priscilla A. Thompson (City Clerk): BC (Boards and Committees) -- Vice Chairman Sanchez: -- BC.18, and that's the Performing Arts Center. What is the will -- do we want to defer ? Do we want to appoint? We don't have two Commissioners here. Who -- Commissioner Spence -Jones: I -- Vice Chairman Sanchez: -- one of the Commissioner represents the district, and I'm sure he has something to say about this. Commissioner Spence -Jones: -- think that, in our last meeting, right, Commissioner Regalado, both of us were proffered to sit on that board, but we were waiting to hear back from the Performing Arts Trust to see if they would accept. Vice Chairman Sanchez: Let's defer. Commissioner Spence -Jones: OK, because I know that he wanted to do it. That's fine. Vice Chairman Sanchez: All right. Let -- Madam Clerk, as the Chair, let's go ahead and defer this item. Commissioner Spence -Jones: OK -- Vice Chairman Sanchez: I have a few -- Commissioner Spence -Jones: -- one second. Vice Chairman Sanchez: Oh. Commissioner Regalado: Mr. Hardy is here. Michael Hardy: Michael Hardy, president of the Carnival Center for the Performing Arts. We corresponded with the City Clerk on that. We're happy to accept. We have accepted, in the past, City Commissioners. We wrote to the Clerk with the requirements for service, and the meeting time requirements, and the financial requirements, and so on. Certainly, both Commissioners Spence -Jones and Sarnoff one for the disfrict; one in a very important adjacent district; would be welcome. We have also nominated or suggested others who've worked with the board City ofMiami Page 169 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 extensively, Mr. RickArriola and Mr. Javier Soto. It's the decision of the Commission; we would accept the decision of the Commission. Commissioner Spence -Jones: All right. I definitely have -- if-- I definitely don't have a problem with serving. I think it's important to be a part of what's going on with the Carnival Center. Commissioner Regalado: Why -- Commissioner Spence -Jones: I just have to ask one question, though, because it was brought to my attention. Now, as a board member, though, are we required to raise, I understand, $50, 000 a year? We -- Mr. Hardy: No. Commissioner Spence -Jones: OK. Mr. Hardy: There's a requirement -- Commissioner Spence -Jones: I just want to make sure. Mr. Hardy: -- the only requirement is attendance at board meetings. We do have attendance requirements. People that don't meet them will have to leave the board. Commissioner Spence -Jones: OK. Mr. Hardy: The average board member spends between 15 and 25 hours a month in committee meetings and board meetings. The average board member, between buying tickets to the shows and participating in events like the opening, which they do pay money for, do put up somewhere between a thousand and ten thousand dollars a year -- Commissioner Spence -Jones: But does our confri -- Mr. Hardy: -- but that's not a requirement. Commissioner Spence -Jones: OK, but our contribution from the CRA (Community Redevelopment Agency) should -- Commissioner Regalado: How about -- Commissioner Spence -Jones: -- be able to accommodate that, right? Mr. Hardy: The accommodation the CRA has made to the County, not to the Performing Arts Center. These are Performing Arts Center events, which board members do not receive free tickets to any events at the Performing Arts Center. Commissioner Spence -Jones: Well, I wasn't really interested in the free tickets -- Vice Chairman Sanchez: No? Commissioner Spence -Jones: -- part of it. I just want to make sure that ifI'm going to serve on the board, that, you know, at least, the fact that the CRA does make a contribution to your bottom line, that requirement would not be -- Mr. Hardy: There is no financial requirement. City ofMiami Page 170 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Spence -Jones: OK. Mr. Hardy: I'm just saying what the average practice is of most board members. Commissioner Spence -Jones: No problem, and thanks you so much for yourself for personally coming down to chat with us. Mr. Hardy: It's my pleasure. These appointments are very important to the Performing Arts Center. Commissioner Regalado: So what we can do is proffer the name of Commissioner Michelle Spence -Jones, and defer the other name, waiting for whatever Commissioner Sarnoff wants to do, if that is OK? Commissioner Spence -Jones: OK. Commissioner Regalado: I don't know what he wants to do, butt will proffer the name of if you accept it, of course, Commissioner Michelle Spence Jones -- Vice Chairman Sanchez: But -- Commissioner Regalado: -- as a board -- as a frust member. Vice Chairman Sanchez: If we may on this -- I mean, the disfrict Commissioner, Sarnoff, is not here on the item. He's the one that rep -- you know, the PAC (Performing Arts Center) is in his disfrict. I think what's been -- Commissioner Regalado: That's what I'm saying, that I'm -- Vice Chairman Sanchez: -- going on, what's been going on, you know, with the PAC Center, and some of the Commissioners had some concerns. I think that we should defer the item, come back, address the discussion that we have, and then we could make whatever necessary appointments it may be, whether it's we want to appoint the Commissioners. I think it's paramount that he be here. Commissioner Regalado: No, no. Vice Chairman Sanchez: I mean, with all due respect. Commissioner Regalado: This is what I'm -- this is why I said -- Commissioner Spence -Jones: We left one seat open. Commissioner Regalado: -- that since Commissioner Spence -Jones wants to serve and they're OK, we only appoint one person, and leave the other appointment up to Commissioner Sarnoff for his decision. I mean, because the CRA area, it's part of the Center, so I mean, I -- Commissioner Spence -Jones: And I believe, in the last -- if I'm not mistaken, in the last meeting, Commissioner Sarnoff did proffer my name and I proffered his. Commissioner Regalado: Right -- Vice Chairman Sanchez: OK, fine. Commissioner Regalado: -- so we defer one and we appoint one. That's it. City ofMiami Page 171 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: The roles of the boards -- the board members, what is entitled that they need to do? I mean, they need -- I read the letter. I don't have it with me. I've been waiting for my staff to bring it. Mr. Hardy: The board members -- Vice Chairman Sanchez: They're required certain amount of time and commitment. Many Hardy: Yes, all board members are required to attend the board meetings and serve on -- between two and three committees. As I said in my letter, the average time commitment for a board member to spend between 15 and 25 hours per month in committee meetings for the Performing Art Center. There is no financial requirement, but there is a meeting time requirement for the board. Vice Chairman Sanchez: All right. Either I could pass the gavel or I could take -- finish this one and pass it to you. Commissioner Regalado: I -- Vice Chairman Sanchez: All right. There's a motion by Commissioner Regalado to appoint Commissioner Spence -Jones to sit on this -- on the board. Is there a second? Commissioner Spence -Jones: Oh, second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. Discussion on the item? Hearing no discussion on the item, all in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Spence -Jones: Thank you, sir. Mr. Hardy: Welcome to the board. Vice Chairman Sanchez: All right. City ofMiami Page 172 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 DISCUSSION ITEMS DI.1 07-00112 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 07-00112 Summary Form.pdf DEFERRED Chairman Gonzalez: All right. Financial update outlook. Pedro G. Hernandez (City Manager): Mr. Chairman, we request to defer that item. Commissioner Spence -Jones: OK. Moving on to the next one. Mr. Hernandez: Mr. Chair -- Chairman Gonzalez: Sir? Mr. Hernandez: -- we have -- we request to defer that item. Chairman Gonzalez: All right. We'll defer the financial update and budget outlook. DI.2 07-00194 DISCUSSION ITEM DISCUSSION REGARDING THE SALARY AND BENEFITS OF AUDITOR GENERAL VICTOR IGWE. 07-00194 Summary Form.pdf 07-00194 Pre -Legislation .pdf 07-00194 Pre-Attachment.pdf DISCUSSED Discussion on the item resulted in the resolution below: (DI.2) 07-00194a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY INDEPENDENT AUDITOR GENERAL VICTOR I. IGWE. 07-00194a-Exhibit. pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0161 Vice Chairman Sanchez: All right. Let's get -- what other items could we get out of the way, Madam Clerk -- Commissioner Sarnoff RE.4, right? City ofMiami Page 173 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Vice Chairman Sanchez: -- before we go --? Huh? Commissioner Sarnoff We have RE.4 to do. Did we do RE.4? Vice Chairman Sanchez: RE.4. Commissioner Sarnoff Does anybody have that checked off? Vice Chairman Sanchez: No. RE.4, we're waiting for Commissioner -- Commissioner Sarnoff OK. Vice Chairman Sanchez: -- the Chairman. That's in his district. Commissioner Regalado: Can we do -- Vice Chairman Sanchez: We're waiting for that one. Commissioner Regalado: -- the appointments -- Commissioner Sarnoff Let's do the appointments. Commissioner Regalado: -- or -- Vice Chairman Sanchez: Well, hold on, hold on, hold on, hold on. Commissioner Regalado: -- can we do Igwe's --? Vice Chairman Sanchez: Yeah, let's get -- Igwe, let's get you out of here. Come on. That's DI (Discussion Item) number 2, and that's a discussion item. Vice Chairman Sanchez: All right. Mr. Igwe, you're recognized for the record. Victor Igwe (Auditor General): Yeah. I'm just here to -- for my annual raise that haven't received over the last three and a half years and I -- and I'm here to answer any specific questions or -- Vice Chairman Sanchez: All right. Listen, let's fry to do this as quickly as possible. Is there a motion for his salary? Commissioner Spence -Jones: Yes. Commissioner Regalado: I move that we approve -- Commissioner Spence -Jones: Second, and I -- Vice Chairman Sanchez: All right. Whoa, whoa, whoa, whoa. There's a motion, Commissioner Regalado. What is it exactly that you're proffering in that motion? Commissioner Regalado: I'm proffering that we approve the package presented to us. Vice Chairman Sanchez: All right. There's a motion to approve the package. There's a second by Commissioner Spence Jones. Discussion on the item. Commissioner Spence -Jones: Yes, there's definitely a second, but I just wanted to make a City ofMiami Page 174 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 comment. You want -- do you -- did you have a comment prior to it, Commissioner Regalado? Commissioner Regalado: Go ahead, I'll wait. Go ahead. Commissioner Spence -Jones: OK. We did find it, and I don't know if everyone got a copy of what came back from the Audit Chair. Did everyone get a copy of that report? Commissioner Regalado: Yeah, I did. Commissioner Spence -Jones: OK, and it really said that they have not been able to meet because they never had a quorum, so we would be put back, once again, without making a decision on Mr. Igwe. I think that it's important that us, my colleagues, we all just make a decision instead of having him waiting in the wing, so I just wanted to make sure that everyone -- even though, originally, this item was really given to you, Commissioner Sanchez, correct? You were the person that was in charge of real -- Vice Chairman Sanchez: And ifI wasn't the Chair, I'd be making the motion. Commissioner Spence -Jones: Right, so I just wanted to say that I'm glad that we're able to, at least, get past where we are on your item, and hopefully, you can walk out, Mr. Igwe, today, at least, with some assurance thatyou can be comfortable thatyou here. Commissioner Regalado: Well -- Igwe: I've waited too long. Commissioner Regalado: -- I have a -- actually, I have two comments. Number one, I did receive the letter from the Audit Committee Chairman saying that they had no quorum to discuss this item, and this was for about three or four month, and he sort of placed the blame on the City Commissioner, which in -- somehow, he's right, because of the appointments, et cetera. However, the auditor general is a component, an important component, of the City government, and they could have arranged a special meeting, you know, but that's just the past, so we made an effort. They couldn't discuss it. They will have to continue their relation with the auditor general because that's what the Audit Committee does, and the auditor general is present there, butt wanted to make some comment. Number one, the delay on this case was unfair and unnecessary, because when the other Manager left office, he gave about $2 million in bonuses to department directors, and nobody question that. Vice Chairman Sanchez: Excuse me. Two million dollars in bonuses? Commissioner Spence -Jones: So he (UNINTELLIGIBLE). Commissioner Regalado: Only one? Vice Chairman Sanchez: No. I don't know, but I -- that doesn't -- Commissioner Regalado: How much was it? Larry Spring (Chief Financial Officer): Commissioners, he's referring to the overall Pay For Performance pay program that the City has. Commissioner Regalado: No, I'm talking about the bonus, the 15,000 -- Mr. Spring: That's a part of -- City ofMiami Page 175 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: -- the 17,000 -- Commissioner Spence -Jones: It wasn't two million, though. Commissioner Regalado: -- 8,000. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: It wasn't two million, though. Mr. Spring: It's part of the Pay -- Vice Chairman Sanchez: All right, listen. Mr. Spring: -- you're still referring to the -- Commissioner Regalado: OK. Mr. Spring: -- Pay For Performance. Commissioner Regalado: Well -- Vice Chairman Sanchez: Let's stay focused. Commissioner Regalado: -- but -- OK. It's bonus, and the Office of the Auditor General, I have checked, as any one of us does, and especially the Chairman that had the task of doing the evaluation, has brought to the City millions of dollars in the past, and yet, this office has been without support from the Administration for many years in the past Administration, and this auditor has been without any raise or bonus or paid for performance, or lottery ticket for three or more years, and that is unfair. We are supposed to treat everyone equal, and if we don't like the way they work, especially those who work for the City Commission, then we have to do otherwise, but we have to do whatever we do to the others, and like we did to the City Attorney, like we did to the City Clerk, and I think it's time that he has his contract. Now, the last comment that I wanted to make is that sometimes it's very difficult for governments to deal with a auditor general, because the job of the auditor general is a job that bothers a lot of people. It's maybe because he needs to find things. The auditor general, however, needs to understand, and I'm sure that you do, Mr. Igwe, that you're supposed to find things, and if you find something wrong, then you pass it on to the authorities. If the authorities doesn't do the work, well, too bad, but we don't have a second police department in the City. We just have the auditor general to find what is there to find, and hopefully, you will be able to continue your job; hopefully, you will be able to fry to bring to the department the people that you need so you can continue to recoup money for the City, but also to find if there is something wrong, and if there is something wrong, then, you know, we need to deal with it. Governments cannot eliminate wrong things by firing the investigator; it's wrong. That's what they did in the School Board, and so I'm very happy that, number one, you understand that your department is not the State Attorney, right? Mr. Igwe: That's true, Commissioner. Commissioner Regalado: And number two, that you understand that we need you to tell us what is going on, and we need you to tell the Administration what is going on in the department, and we need you to be proactive in looking for ways where we can save money to the people of Miami. Mr. Igwe: We shall do, Commissioner. City ofMiami Page 176 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Commissioner Regalado: Thank you. Vice Chairman Sanchez: Mr. Igwe, in your profession, you're supposed to be the skunk at the family picnic, all right, and if people like you, apparently you're not doing your job. When they dislike you is when you're doing your job -- Mr. Igwe: That's correct. Vice Chairman Sanchez: -- so as the Commissioner who has called for three audits in this City, you have done two and working on one that's soon to be coming out, I praise you for your work, and therefore, no further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Congratulations. It's way overdue. Mr. Igwe: Thank you, Commissioners. DI.3 07-00268 DISCUSSION ITEM Office of the City DISCUSSION CONCERNING THE PROCESS FOR CONSTITUTING A Attorney CHARTER REVIEW COMMITTEE. 07-00268 Cover E-mail.pdf DEFERRED Vice Chairman Sanchez: Everything needs to be deferred. The other item -- Chairman Gonzalez: Charter Review Committee. That's -- Vice Chairman Sanchez: That's -- Chairman Gonzalez: -- motion to defer, because the -- Vice Chairman Sanchez: Motion to defer. Larry Spring (Chief Financial Officer): Defer. Chairman Gonzalez: All right. City ofMiami Page 177 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 PART B PZ.1 06-01720ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY RUBEN MATZ ("APPELLANT") AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 714 NORTHEAST 59TH STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA. 06-01720ha Aerial Map.pdf 06-01720ha Appeal Letter.pdf 06-01720ha HEPB Reso 2006-74.pdf 06-01720ha HEPB Fact Sheet 09-05-06.pdf 06-01720ha HEPB Fact Sheet 03-19-02.pdf 06-01720ha HEPB Fact Sheet 11-21-00.pdf 06-01720ha HEPB Fact Sheet 02-18-97.pdf 06-01720ha HEPB Reso 93-12.pdf 06-01720ha HEPB Reso 91-44.pdf 06-01720ha Application & Pictures.pdf 06-01720ha Legislation (Version 2).pdf 06-01720ha Legislation (Version 3).pdf 06-01720ha CC Fact Sheet 01-25-07.pdf Morningside Hedges Appeal Update with Hedges Photos.pdf LOCATION: Approximately 714 NE 59th Street [Commissioner Marc Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Ruben Matz, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the Certificate of Appropriateness on September 5, 2006 by a vote of 6-0. PURPOSE: The approval of this appeal will approve the installation of hedges not in compliance with an approved Certificate of Appropriateness. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to defer item PZ.1. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.1 to the City Commission meeting currently scheduled for April 26, 2007. Chairman Gonzalez: And the appeal. Vice Chairman Sanchez: The appeal for the what, the --? Chairman Gonzalez: HEP (Historical and Environmental Preservation) appeal. City ofMiami Page 178 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Priscilla A. Thompson (City Clerk): PZ.1. Chairman Gonzalez: 714 Northeast 9 -- 59th Street. Vice Chairman Sanchez: Please tell me that we've worked this out, please. Chairman Gonzalez: Yes. Sorry. Go ahead. Kathleen Kauffman (Planning): Thank you, Mr. Chairman, members of the Commission. Kathleen Kauffman, preservation officer for the City ofMiami. I have, since the last time we appeared before you, I have met several times with the Morningside Task Force for the hedges, and we have been tweaking the guidelines a little bit, and keep in mind, please, that this still has to be approved by the HEP Board. I can't make those changes myself. Seeing as how Commissioner Sarnoff is not here and the next preservation board meeting is the -- April 3, I think -- and Mr. Matz is also here. Vice Chairman Sanchez: I think all the stars align for a deferral. Ms. Kauffman: I think so. Vice Chairman Sanchez: So move for a deferral. Unidentified Speaker: Thank you. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: Second. We have a motion and a second to defer. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Item has been deferred, and that -- Commissioner Spence -Jones: D3 [sic]. Chairman Gonzalez: -- concludes the agenda. Vice Chairman Sanchez: Is there any pocket items? Chairman Gonzalez: Any pocket items? Commissioner Spence -Jones: D3 [sic]. You're not doing -- you -- we're not dealing with it, right? Chairman Gonzalez: Which one? Commissioner Spence -Jones: D1.3 [sic], we didn't -- [Later..] Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me, on the item that we were discussing -- that you were discussing a little while ago, which is PZ.1, the one dealing with the appeal from the HEP Board. In order to avoid having to readvertise the item, if we could City ofMiami Page 179 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 provide a continuance to a date certain -- Teresita Fernandez (Executive Secretary, Hearing Boards): Yeah, to a date certain. I -- Mr. Hernandez: -- we don't have to readvertise. Ms. Fernandez: Thank you, Mr. Manager. Teresita Fernandez, Hearing Boards. I just spoke to the appellant, and he's thinking of the second meeting in April, the P&Z meeting in April, if you would. Vice Chairman Sanchez: Teresita, how much money did you just save the City by doing that. Ms. Fernandez: No, no, it's not the City. It's the appellant that would have to pay. I don't pay. Vice Chairman Sanchez: I'm not worried about him. Ms. Fernandez: OK. He would readver -- they will readvertise. Jorge L. Fernandez (City Attorney): When you defer, typically, usually, the City defers to a date certain, it was my oops for not forcing you to do a date certain. Vice Chairman Sanchez: And in all fairness, it should be a date certain. Mr. Fernandez: Yes. Vice Chairman Sanchez: I agree. OK. What day would that be? Mr. Hernandez: I -- Ms. Fernandez: For the second meeting, which is the P and Z meeting in April, which is April 26? Mr. Fernandez: Mr. Hernandez: That would be -- Mr. Fernandez: April 26. Vice Chairman Sanchez: All right. Ms. Fernandez: Yes, April 26. Vice Chairman Sanchez: I would make a motion -- Ms. Fernandez: Thank you. Chairman Gonzalez: All right. Vice Chairman Sanchez: -- for that date. Chairman Gonzalez: We have a motion for the April 22 -- huh? -- second meeting in April. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 180 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 NON -AGENDA ITEMS NA.1 07-00361 DISCUSSION ITEM DISCUSSION REGARDING NEW PROCEDURES FOR COMMISSION BLUE PAGE (DISTRICT) ITEMS. DISCUSSED Chairman Gonzalez: All right. I would like to take this opportunity, before we start the meeting, to add something to these procedures established by the City Attorney, and this goes to my colleagues. I'm working on a memo in reference to fry to organize the system of the blue pages. The way it has been so far is it's been kind of chaotic. You know, blue pages have become a separate agenda, and we need to control them and try to put some controls -- you know, I'm not trying to forbid anybody from -- any of my colleagues from bringing any issues before this body to be discussed, but one thing that I need to do and I need to do today, starting today, is that I don't want -- I'm not going to take any public input on blue pages from any of the Commissioners. If a Commissioner -- a Commissioner is free to bring to the floor any issues under their blue pages for discussion. If any Commissioner decides that there is a need for a public hearing on any of the blue pages items, then it should be advertised as a public hearing, and then it should become part of the public hearing section of the agenda. That will give me a better sense of how the agenda is going to be run, what I can expect on each and every meeting, and then it will be more organized. The system will be more organized. Everybody will know exactly what to expect on the meeting, what kind of time each item is going to take, and we will all be able to manage the agenda and the duty that we are to do, you know, on every single meeting, so I hope that I can have the cooperation of my colleagues, as I have had in the past year and throughout this year, and I think it's going to work out better for everyone. At the same time, if we advertise a public hearing, then both sides of the issue will know that there will be a public hearing on the issue and everybody will be here to address the Commission on a public hearing, the way it should be, so once again, I'm not prohibiting any Commissioner to bring any items on their blue pages, but I think that will be a better system -- you know, we can discuss your items all you want. They are your items for discussion. At the end of the discussion, if you decide that you think there is a need for a public hearing, then we'll put it on the regular agenda under the public hearing section of the agenda, and we'll bring it back as a public hearing, and we'll debate it and discuss it as much as we have to and come up with a decision on the -- and then we instruct the Manager or -- you know, we take the action appropriate to solve the situation and the problem. Once again, I thank you for your cooperation, and I hope that this will help us run a better meeting and a better organized meeting. Thank you. That's my comment on the section of the procedures to be followed. NA.2 07-00362 DISCUSSION ITEM DISCUSSION REGARDING TENTATIVE AGREEMENT REACHED BETWEEN THE CITY OF MIAMI AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) UNION. DISCUSSED Chairman Gonzalez: And now we're going to move to the consent agenda. Pedro G. Hernandez (City Manager): Mr. Chair. Chairman Gonzalez: Yes, sir. Mr. Hernandez: If you allow me one minute for an item of good news. Chairman Gonzalez: Yes, sir. City ofMiami Page 181 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Hernandez: Late last night, the Administration was able to reach a tentative agreement with the AFSCME (American Federation of State, County, and Municipal Employees) union, which represents approximately 1,200 employees in the City ofMiami. I plan to, later on, starting today, meet with every one ofyou to discuss the details, butt wanted to, at least, bring this forth today, and also, recognize the efforts of the union representatives, led by Mr. Charlie Cox, who is here, and I would like to thank him for his leadership and the work that he has done with the Administration in reaching this tentative agreement. Chairman Gonzalez: Thank you very much. That's good news. Yes, Charlie. Sure, of course. Charlie Cox: Yes. I'd like to thank the Mayor, and the Commission, and the City Manager, and all the people that did work on this. I'm not the nicest person in the world to deal with a lot of times, but we did get it done, and they put a lot of effort into it, let me guarantee you, and I have to throw one little compliment to somebody. I don't know what it is, but I think Michelle Pina has a way to deal with people's anger, and sometimes, she kept me in line too, but we had a good time. We worked hard, and I'll tell you what. Your City employ -- your City Administration earned their money. I can guarantee you that. Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you, Charlie. Well, you know, all I can say is that I hope that all the negotiations with the other union continue, you know, with a positive thinking, and I hope that soon we have reached an agreement with Fire Department and also with the Police Department so everybody be happy in our City, and also, Solid Waste, which -- Mr. Hernandez: Yes. Chairman Gonzalez: -- are the less fortunate in this City, so thank you. Mr. Cox: Yeah, and I would hope this would help for all the employees -- Chairman Gonzalez: Yes, sir. Mr. Cox: -- to get a contract now too. I really hope that this sets -- Chairman Gonzalez: Definitely. We need that. Mr. Cox: -- the stage. Thank you. Mr. Hernandez: Mr. Chairman, as soon as the -- Chairman Gonzalez: All right. Any comments? Mr. Hernandez: -- item is ratified by the members, we will then bring it to this Commission for your approval, but prior to that, I'll do personal briefings with each one ofyou. Vice Chairman Sanchez: No. Don't we approve it, then it's ratified? Chairman Gonzalez: Thank you. Vice Chairman Sanchez: We approve it, and then they ratify it? Mr. Hernandez: Sir, I believe that they have to ratify -- Vice Chairman Sanchez: Ratify. City ofMiami Page 182 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Mr. Hernandez: -- and then it comes -- Vice Chairman Sanchez: Back. Mr. Hernandez: -- to the City Commission for your final approval. NA.3 07-00356 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION IN CONNECTION WITH THE RALPH PLAZA II TOWNHOMES PROJECT, GRANTING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA") AN EXTENSION OF TIME, UNTIL SIXTY(60) DAYS AFTER THE SALE OF EACH OF THE PROJECT TOWNHOMES, TO PAY TO THE CITY OF MIAMI THE AMOUNT DUE FOR EACH SUCH TOWNHOME IN REPAYMENT OF THE $500,000 LOAN APPROVED BY THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00356 Agenda Item Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0136 Chairman Gonzalez: Mr. City Manager. Pedro G. Hernandez (City Manager): Thank you, Mr. Chairman. I have two items thatl intended to bring at the end of the agenda. However, since I understand that you may be away for Chairman Gonzalez: For a couple of hours. Mr. Hernandez: -- a few hours after lunch, and since Barbara is here, I would like to see ifI could bring them up right now. If you allow me, I'll read the first one. Chairman Gonzalez: Yes. Go ahead. Mr. Hernandez: Allapattah Business Development Authority, Inc., Ralph Plaza II,; authorizing the City Manager to grant Allapattah Business Development Authority an extension of 60 days, after closing, to pay off the 500,000 loan approved by the Housing and Commercial Loan Committee for the Ralph Plaza II project; authorizing the City Manager to execute all necessary documents for said purpose. The reason that have it here before you is because it's very timely, since the -- since Ralph Plaza II has a CO (Certificate of Occupancy) and -- Chairman Gonzalez: Start closing. Mr. Hernandez: -- they need to do the closings, and -- Chairman Gonzalez: Yeah. Mr. Hernandez: -- we have people already lined up. City ofMiami Page 183 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Chairman Gonzalez: They have their ribbon -cutting on -- Barbara Gomez (Director, Community Development): Monday. Chairman Gonzalez: -- Monday. Commissioner Spence -Jones: Next week, yeah. Ms. Gomez: On Monday. Chairman Gonzalez: Monday, right? Ms. Gomez: Monday. 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: Thank you. NA.4 07-00352 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONVEYING, WITH PARCEL REVERTER PROVISIONS, FIVE (5) CITY OF MIAMI OWNED PARCELS OF LAND, AS LEGALLY DESCRIBED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, TO PARKVIEW GARDENS, L.P., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00352 Exhibit.pdf 07-00352 Agenda Item Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0137 Chairman Gonzalez: The other one. Pedro G. Hernandez (City Manager): Mr. Chairman, the second one that I have, the subject is Parkview Gardens, LP, which is conveying, with parcel reverter provisions, five City ofMiami owned parcels of land, as legally described in Attachment A, attached and incorporated, to Parkview Gardens, LP, for the development of affordable housing; authorizing the Manager to execute the necessary documents for said purpose, and -- Chairman Gonzalez: We have a motion. Mr. Hernandez: -- it's also very timely as it deals with tax credits, and Barbara can give you more details on it. Barbara. City ofMiami Page 184 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Barbara Gomez (Director, Community Development): This is a -- this property was awarded tax credit deals. They have close on it. They need to prove that they have the site control under their name before March 30, so this is one that we want to make sure that they have enough time to do their paperwork and make sure that those tax credits are not lost. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: Is there a motion? Commissioner Spence -Jones: Yes, so moved. Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Commissioner Sarnoff Second. Chairman Gonzalez: Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a resolution. Motion carries. Ms. Gomez: Thank you. NA.5 07-00382 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF CHURCHILL'S LEMON CITY OASIS, LOCATED AT 5501 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO ACCOMMODATE TWO VENUES ASSOCIATED WITH THE WINTER MUSIC CONFERENCE, ON TUESDAY, MARCH 20, 2007, FROM 3:00 A.M.-5:00 A.M. THROUGH SUNDAY, MARCH 25, 2007, FROM 3:00 A.M. -5:00 A.M., PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-07-0162 Vice Chairman Sanchez: Pocket items. Commissioner Spence -Jones: Mr. Chairman, I only have one pocket item. This is the extension of Churchill's hours for the Winter Music Conference, from 3 a.m. to 5 a.m., during March 20 to March 25, for a music conference. City ofMiami Page 185 Printed on 3/26/2007 City Commission Meeting Minutes March 8, 2007 Motion to Adjourn Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: That motion is always in order. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to adjourn today's meeting. Chairman Gonzalez: Any other pocket items? Commissioner Spence -Jones: Nope. Chairman Gonzalez: Motion to adjourn? Vice Chairman Sanchez: Motion to adjourn. Chairman Gonzalez: We have a motion. Is there a second? Jorge L. Fernandez (City Attorney): Madam Clerk -- Chairman Gonzalez: There is -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- a second. Mr. Fernandez: -- the item passes. The shade meeting -- Chairman Gonzalez: All in favor, say "aye." Mr. Fernandez: -- passed. City ofMiami Page 186 Printed on 3/26/2007