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HomeMy WebLinkAboutCC 2007-04-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 12, 2007 9:00 AM 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 April 12, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 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 12th day of April 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: 34 a.m., recessed at 1: 00 p.m., reconvened at 2: 37 p.m., recessed at 2: 38 p. m., reconvened at 4: 07 p.m., and adjourned at 8:19 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: (INAUDIBLE) 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 David Sarnoff, and me, Angel Gonzalez, Chairman. Also on the dais are Pete Hernandez, the City Manager, Jorge L. Fernandez, City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened by a -- with a prayer by Commissioner Sanchez and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00471 CEREMONIAL ITEM MAYORAL VETOES Honoree Coral Reef Yacht Club Orange Bowl International Youth Regatta 07-00471 Protocol List.pdf PRESENTED Presenter Protocol Item Commissioner Sarnoff Proclamation 1. Commissioner Sarnoff presented a Proclamation to the Coral Reef Yacht Club for their promotion of Miami's waterfront and for elevating the quality of lives of the citizens ofMiami. 2. Xavier Cortada presented a tribute to the City ofMiami to honor Mayor Diaz's green initiative. Chairman Gonzalez: We have, under Presentations and Proclamations, a proclamation by Commissioner Sarnoff. Commissioner. Presentations made. NO MAYORAL VETOES City ofMiami Page 3 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: All right. According to the -- to a memo that I have here from the Clerk's Office, we have no vetoes to be reported, right? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: Thank you. 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 ORDER OF THE DAY Chairman Gonzalez: We need a motion to approve the regular min -- the minutes of the regular meeting of March 8, 2007. Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Spence -Jones: Second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Let the record reflect that there is no "noes." Chairman Gonzalez: I believe, Mr. Manager, PA.1 has been defer or pull? Pedro G. Hernandez (City Manager): Yes. Chairman Gonzalez: It has? Mr. Hernandez: Yes, it has, deferred, PH.1 [sic]. Commissioner Regalado: PA.1. Unidentified Speaker: PA (Personal Appearances). Mr. Hernandez: PH.1 [sic]. Jorge L. Fernandez (City Attorney): No, PA. Chairman Gonzalez: No. Commissioner Sarnoff PA. Chairman Gonzalez: I'm sorry. Mr. Hernandez: I'm sorry, I'm sorry. Chairman Gonzalez: I'm sorry. City ofMiami Page 4 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff: Personal Appearance. Mr. Hernandez: Just -- Chairman Gonzalez: PA, PA -- Mr. Hernandez: Right. Chairman Gonzalez: --1. Mr. Hernandez: Right. Both are correct, I think. It's PA.1 -- Chairman Gonzalez: It's a presentation -- Mr. Hernandez: -- has been -- Chairman Gonzalez: -- personal appearance. Mr. Hernandez: Yes, has been deferred, andl believe to April 26, and also, PH.1 has been deferred. Chairman Gonzalez: All right. CONSENT AGENDA CA.1 07-00403 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING ADDITIONAL LOCATIONS AND SERVICES AND A CORRESPONDING INCREASE IN THE CONTRACT AWARDED TO THOMAS MAINTENANCE SERVICES, INC., PURSUANT TO RESOLUTION NO. 06-0485, ADOPTED SEPTEMBER 12, 2006, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000, INCREASING THE ANNUAL CONTRACT AMOUNT FROM $192,133.60 TO $252,133.60, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "CITYWIDE LOTS AND RIGHTS OF WAY LANDSCAPING CONTRACT, B-30393;" ALLOCATING FUNDS, FOR SAID INCREASE, FROM THE PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 00001.202000.534000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-00403 Legislation .pdf 07-00403 Exhibit .pdf 07-00403 Exhibit 2 .pdf 07-00403 Exhibit 3 .pdf 07-00403 Summary Form.pdf 07-00403 Master Report.pdf 07-00403 Proposal Bid Form.pdf 07-00403 Bid Prices.pdf 07-00403 Contract .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 5 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 R-07-0181 CA.2 07-00404 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA LAND AND WATER CONSERVATION FUND, TO EXTEND THE TERM FOR CONSTRUCTION COMPLETION OF THE BAYWALK PROJECT ON WATSON ISLAND IN THE CITY, UNTIL AUGUST 11, 2008, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 07-00404 Legislation .pdf 07-00404 Exhibit .pdf 07-00404 Exhibit 2 .pdf 07-00404 Exhibit 3 .pdf 07-00404 Exhibit 4 .pdf 07-00404 Exhibit 5 .pdf 07-00404 Exhibit 6 .pdf 07-00404 Summary Form.pdf 07-00404 Text File Report .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0182 CA.3 07-00406 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND SOCCER UNITED MARKETING, L.L.C., A DELAWARE LIMITED LIABILITY CORPORATION, FOR THE STAGING OF THE 2007 GOLD CUP SOCCER TOURNAMENT, TO BE HELD JUNE 6, 9, AND 11, 2007, AT THE ORANGE BOWL STADIUM, WITH A MAXIMUM BASIC USE FEE OF $5,000, PER EVENT DAY; PROVIDING FOR THE ORGANIZERS TO PAY ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00406 Legislation .pdf 07-00406 Exhibit .pdf 07-00406 Summary Form.pdf 07-00406 Gold Cup 2007.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0183 City ofMiami Page 6 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 CA.4 07-00409 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOUTHWEST SOCIAL SERVICES PROGRAM, INC., A NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 20,719 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED WITHIN FLAGAMI PARK (THE "PREMISES") LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA, TO OPERATE AN ELDERLY MEALS FACILITY AND TO PROVIDE EDUCATIONAL AND RECREATIONAL ACTIVITIES FOR THE ELDERLY, WHICH SAID AGREEMENT SHALL PROVIDE FOR AN ANNUAL USE FEE OF $1.00, AND A TEN-YEAR USE PERIOD TO COMMENCE ON JANUARY 12, 2007, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00409 Legislation .pdf 07-00409 Exhibit .pdf 07-00409 Exhibit 2 .pdf 07-00409 Exhibit 3 .pdf 07-00409 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0184 CA.5 07-00410 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 14,580 SQUARE FEET OF CITY -OWNED PROPERTY, LOCATED AT 1500 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, TO OPERATE A CHILD DAY CARE FACILITY, WHICH SAID AGREEMENT SHALL PROVIDE FOR A TEN-YEAR USE PERIOD AND AN ANNUAL USE FEE OF $1.00, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00410 Legislation.pdf 07-00410 Exhibit 1.pdf 07-00410 Exhibit 2.pdf 07-00410 Summary Form.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0185 City ofMiami Page 7 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 CA.6 07-00411 Office of the City Attorney CA.7 07-00408 Department of Purchasing CA.8 07-00447 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANA DE LA SIERRA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $75,000 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 ANA DE LA SIERRA VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 04-06832 CA (10), 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. 07-00411 Legislation .pdf 07-00411 Cover Memo.pdf 07-00411 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0186 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MARCH 26, 2007, PURSUANT TO INVITATION FOR BIDS NO. 16014, FROM KENT SECURITY SERVICES, FOR THE PROVISION OF SECURITY GUARD SERVICES, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 07-00408 Legislation .pdf 07-00408 Summary Form.pdf 07-00408 Tabulation of Bids .pdf 07-00408 Bid Security List.pdf 07-00408 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0187 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE NECESSARY DOCUMENT(S) TO EVIDENCE THE CITY OF MIAMI'S ("CITY'S") WAIVER OF A POTENTIAL CONFLICT OF INTEREST INVOLVING THE CITY'S ONGOING BOND COUNSEL AND DISCLOSURE COUNSEL, BRYANT MILLER OLIVE P.A., IN City ofMiami Page 8 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 CONNECTION WITH THE PROPOSED FLORIDA DEPARTMENT OF TRANSPORTATION TUNNEL THROUGH WATSON ISLAND TO THE PORT OF MIAMI. 07-00447 Legislation.pdf 07-00447 Cover Memo.pdf 07-00447 Letter .pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0223 Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: CA.8, Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. This resolution, it's about a waiver of a potential conflict of interest involving the City's ongoing bond counsel and disclosure counsel, and it seems that this company has been hired -- or it's hired by the Florida Department of Transportation, the tunnel project through Watson Island to the Port ofMiami. I don't know whether or not the City is or will be involved in the tunnel project. We don't know that because we have not approve anything, but seems to me that it's something that would be against the interest of the City ofMiami if we were to waive any conflict of interest because this gentleman, they have all the information about the financial status of the City, and we may be engaged in financial debate with the County and with the State of Florida, soI really don't understand why are we waiving the -- this possible conflict of interest. I mean, one attorney cannot represent two parties. That's the standard. Chairman Gonzalez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, the rules that regulate the conduct of attorneys in the state of Florida do provide for the possibility of an attorney representing opposing parties, as long as both parties consent and understand the nature of that representation, but besides that, the reason why this item was in the -- is in the agenda and I'm recommending it is because of the nature of the transaction that the firm of Bryant Miller and Olive provide the City. They are disclosure counsel. The role that they have played with the City up until now has been to bring to the light, to bring forward all of the issues related to the City's exposure, liability, financial position to the public's eye, so that when the City goes to Wall Street with bonds, placing bonds, selling bonds, the public that buys those bonds is fully informed. That's the role of disclosure counsel, so the information that they have is information that must, by definition, by necessity, be part of the public domain. They have no confidential information. They are not privileged to anything with regard to the City's financial situation that is otherwise not known to the public at -large because, in fact -- it sounds like a redundancy, but City ofMiami Page 9 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 from a financial perspective, there is nothing that the City could have, in any event, that would not be precisely subject to open scrutiny and well-known to the public, so my position is that I don't feel that the City's integrity is being compromised in the least by this Commission considering waiving the potential conflict of interest, which my way of looking at it is perfunctory, and allow this firm to represent the Florida Department of Transportation in negotiating with the County and the City issues related to the port tunnel. Now, this firm -- and clearly, it is the firm that is asking this waiver -- is a firm that has offices throughout the state of Florida. It is the local partner -- and she's here present today, and she could address the Commission and answer any questions the Commission has. The person who handles the City's disclosure items will not be the same person, albeit they're partners in the same firm, that would be representing the State of Florida. Having said that, it is clearly up to this Commission, to the level of comfort that you're able to obtain from my presentation and from any statement that counsel may make to you, as to whether you waive it or not. If you don't waive it, then the parties would be at liberty to either give up their representation of the City or give up their representation of FDOT (Florida Department of Transportation). Chairman Gonzalez: All right. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Correct me, Mr. City Attorney. I don't think that's the conflict that Commissioner Regalado is bringing up to you. I don't think he's addressing the conflict over the fact that they are disclosure counsel. I think what he's saying is you're asking a man to serve three masters, and while that may be allowed under the Florida Bar, it is virtually impossible for a man to serve three masters equally and effectively for all three, and think his point is he's concerned that how can they represent FDOT, represent the City, represent the County, equally, fully, when they'll be possessed and seized with information -- confidential information that possibly would not be disclosed, and wouldn't we be more effective, from a policy standpoint, of retaining our own counsel to deal with FDOT and the County? Mr. Fernandez: Again -- Chairman Gonzalez: All right. Mr. Fernandez: -- ifI didn't make it clear, these attorneys, the nature of their work is -- if there were ever to be any information that was confidential in the City's finances, it is their avowed purpose to make it nonconfidential because that's the only way that the City could ever go to issue bonds, so there is -- this law firm does not have any strategy or any information that would hamper or that would put the City in a worse position. We're not talking about in a litigation context, where the City, of necessity, would have to develop its own strategy and the like. This is in public finance, and in public finance, the City, irrespective of not having -- having or not having disclosure counsel, all of the City's finances must be open to full disclosure by the public. There cannot be confidential information in the City's finances. Commissioner Sarnoff Well -- Chairman Gonzalez: All right. Oh, I'm sorry. I'm sorry. Commissioner Sarnoff That's all right. Just one last point -- and maybe the young lady should come up, but my question may be not sophisticated or phrased well enough. Won't there be a point in time when FDOT and the County will want the City to put forth its proposal for how much it's willing to place in the tunnel, and how can counsel effectively represent the City knowing what the -- FDOT wants, knowing what the County wants, andl would hope it would be City ofMiami Page 10 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 our obligation, or certainly, our motive to pay as little of this tunnel project as possible, as this tunnel really facilitates commerce in the state ofFlorida. It's not really a City ofMiami issue. While it does touch and concern us, we should be using FDOT money and County money because it happens to be their facility, County -wise, and from a commerce standpoint, we're the biggest port in all the state ofFlorida. Mr. Fernandez: I agree, Commissioner, but at the end of the day, even if the City had coffers that were spilling over with money, the City is under no obligation to give the State, or to give the County, or to enter into the tunnel agreement at all, whether it had money or didn't have money, but whatever money the City has is well-known to the entire public. I can assure you, as I sit here, that there is not a penny in the City's coffer that is not accountable and transparent to the public, period, so as we go to the table to negotiate with FDOT and with the County with regard to the port tunnel, it is a question of your will, not of your ability. Chairman Gonzalez: All right. Commissioner Regalado, you want to make a motion to deny, a motion to --? Commissioner Regalado: I make a motion to deny. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion to deny the waiver of the conflict of interest, and we have a second. All in favor, say "aye." Vice Chairman Sanchez: But wait. All right. Commissioner Spence -Jones: I think she -- I think -- Vice Chairman Sanchez: I -- Commissioner Spence -Jones: Mr. Chairman, do you want to, at least, hear from her, and then I --? You asked her to step to the mike. Jolinda Herring: Good morning. My name is Jolinda Herring, and I'm with the firm of Bryant Miller and Olive, and currently, we do represent the City as your disclosure counsel in bond transactions. We would not represent the City in a transaction with FDOT We would not be representing the City in that particular transaction. It is my understanding that the transaction with the Florida DOT (Department of Transportation) would be a joint and cooperative project between the City, the County, and FDOT, but we would not represent the City in that particular transaction. The City would be free to have the City Attorney or other attorneys represent them on that particular transaction. Commissioner Sarnoff You are Jolinda Herring? Ms. Herring: Yes, I am. Commissioner Sarnoff So you wrote the letter that says our representation may include, but not be limited to, participation in negotiations among the City, County, FDOT, relating to such an agreement, and potentially, representing FDOT in connection with the issuance of private activity bonds -- Ms. Herring: Correct. Commissioner Sarnoff -- so -- but haven't you just contradicted yourself? City ofMiami Page 11 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Herring: Right. We would represent FDOT, but we would not represent the City on that same transaction. We would not represent both parties on that transaction. Mr. Fernandez: The issue, as I understand it -- I don't think the Commission is concerned with your firm representing all three parties at the same time. The Commission is concerned about the fact that you have acquired knowledge about the City's fiscal and financial position that you would bring to the table that may be used to the City's detriment, and that's what I have tried to address; that whatever information would be brought to the table would be information that's readily available to any member of the public. Ms. Herring: Right. It would be public information. We would not have any information that would be confidential that no one else knows. Commissioner Regalado: But that's not the point. Commissioner Sarnoff You're right. Commissioner Regalado: The point is not confidential information. The point is that there could be different scenarios for many reasons. You just said that your understanding is that the City and the County and FDOT will be in a joint venture for the tunnel, right? Ms. Herring: Right, that it would be a cooperative effort to get the project done. Commissioner Regalado: OK. See, you know more than I do because -- Ms. Herring: Well, that's about -- Commissioner Regalado: -- I don't -- Ms. Herring: -- all thatl do know -- Commissioner Regalado: Yeah. Ms. Herring: -- on this partic -- Commissioner Regalado: Well, I -- Ms. Herring: -- and from what I've read in the newspaper. Commissioner Regalado: -- didn't know that we're part of a joint venture to build the tunnel because we haven't discuss or approve anything here. Then you have the scenario A, the CRA (Community Redevelopment Agency) plans, the expansion, the County's requirement for the CRA expansion, then you have CRA's possibility being affected because of property taxes reduction. All of this could end up in litigation because somebody may have been promised something that, at the end of the day, it cannot be fulled, and certainly, the City, which has no official contract yet, will try to get out of a situation like that, so I still say that the issue is not the information that you know because you can get it anywhere. The -- FDOT will be the main conduit for the tunnel, and then there is the County, and then there is the City, and maybe there is a private enterprise, and how do we control what the City and the County and FDOT and the private sector is going to do, in terms of tolls and roads and all that? So it's very difficult I mean, seems to me that you can handle everything, but it really doesn't look right to me. Mr. Fernandez: Mr. Chairman -- Vice Chairman Sanchez: We've already voted on the issue. City ofMiami Page 12 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Yeah. Mr. Fernandez: Well -- but -- Vice Chairman Sanchez: Let's just move on. Mr. Fernandez: -- I would like to make a statement with regard to this, if for no other reason, just for the record. As your City Attorney, I jealously guard the prerogatives of this City with regard to anything that may put it in harm's way, with regard to any possibility of endangering the best legal position that the City could have. Were I not committed to doing that, I shouldn't be sitting in this chair. When I bring this item to you with my recommendation, it's because we have fully analyzed the implications of this firm being involved in a position where they would be representing FDOT. They will not be in a position to do the City any harm, whether the City chooses to be a partner, whether the City chooses not to be involved -- in no manner, shape, or form, and we have done thorough analysis of all the potential scenarios. Not having -- after having said that, it continues to be your final word as to whether you follow my recommendation that you should consider waiving the potential conflict, which is, after all, a technical thing that the Florida Bar insist that we do for purposes of full disclosure, so other than meeting the requirements of the Florida Bar, coming clean and open so that we reveal to the entire world, both to FDOT and -- because, by the way, FDOT has to do a similar process to what they're doing here. They could not work for FDOT unless FDOT also acknowledges that they have a relationship with the City that would not hamper them, and so, those are requirements of the legal profession, and whether you accept my legal advice and recommendation continues to be your prerogative, but I want the record to be clear that I am vigilant, ever so vigilant with regard to the City's best legal stance, and it will not be at all compromised, I assure you, if you choose to consider the waiver. Chairman Gonzalez: All right. We had a motion, and we had a second. Vice Chairman Sanchez: And we voted. We voted already on the issue. Chairman Gonzalez: Pardon me? Vice Chairman Sanchez: We voted on the issue already. Chairman Gonzalez: Yeah. Did we vote on the issue? Priscilla A. Thompson (City Clerk): I heard the affirmatives, but were there any "noes?" Chairman Gonzalez: Well, the problem was that, in the middle of the voting -- and that is something that it continues to happen. You know, we are voting, and then we get interrupted, andl get lost. I don't know if we voted, we didn't vote; half of the people voted; half of the people didn't vote, so just in any event, to make sure that we have a final vote, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed, say "no." Let the record reflect that there is no "noes; " that everybody voted favorably. Thank you, ma'am. Have a good day. [Later..] Chairman Gonzalez: Next pocket item. Any other pocket items? City ofMiami Page 13 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Jorge L. Fernandez (City Attorney): Yes, I do, Mr. Chairman. Mr. Chairman, Commissioners, I'm asking your authorization to retain outside counsel so that the City can have disclosure counsel. The reason I'm asking this is because Larry has informed me that the City intends to go to market before, perhaps, the next time that you meet, in order to find the appropriate time to more favorably place the bonds that the City is going to be putting out. The market will not accept us unless we have disclosure counsel, and by the action that you have taken this morning, you have, in essence, precluded, or you'll have, in essence, denied the ability for our disclosure counsel to continue to represent us because you did not waive the conflict, so at this time, I'm asking one of two things, and it's completely up to you, that you either kindly reconsider your decision to allow us the opportunity to go to market on this pending issue that we have had and bon -- and disclosure counsel knows us and will be very creditable with the market, or to the contrary, authorize me to retain then disclosure counsel to see if we can bring that party up -to -speed to be able to ride the wave and get the right opportunity in the marketplace so that the City can benefit in issuing these bonds, and Larry can tell you more about the particulars and the specifics of that. Larry. Larry Spring (Chief Financial Officer): Well -- if you will, Mr. Chair. We're at a very critical stage in the bonding process, andl thinkl communicated that to each of you. The entire underwriting team has been working for some weeks now putting the documents together, and we intended to bring the item to Commission at the next -- at the May Commission meeting so that we'd have proceeds by the beginning of June. This will, in essence, slow that process up. I would respectfully -- I understand the conflict issue, and what I would ask is that, at least for this transaction, for the remainder of this transaction, the disclosure counsel be allowed to continue. Right now, you know, we're not actively participating in any negotiations on the port tunnel, so by the time we get this out, you know, all of those things will be brought back to Commission so we could at least get this transaction done, andl would respectfully request that of each of the Commissioners. Commissioner Spence -Jones: Larry, I'll go ahead and make a motion on it. Chairman Gonzalez: You're making a motion to reconsider? Commissioner Spence -Jones: Yes, I am. Chairman Gonzalez: Is there a second? Commissioner Spence -Jones: Is there a second? Chairman Gonzalez: There is -- Vice Chairman Sanchez: Sony? Commissioner Sarnoff The motion is to reconsider, is that correct? Vice Chairman Sanchez: No, (UNINTELLIGIBLE). Mr. Fernandez: Yes. It's a -- Chairman Gonzalez: To reconsider. Vice Chairman Sanchez: On the conflict of interest? Mr. Fernandez: -- motion to reconsider the -- Commissioner Sarnoff I -- let -- City ofMiami Page 14 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Not on the conflict of interest to handle this particular issue. Not to talk about the port tunnel or any of those other issues, just for -- Mr. Spring: Just so that I can get through this -- Commissioner Spence -Jones: -- them to complete what they've already started. Mr. Spring: -- the transaction that we're working -- Commissioner Spence -Jones: They've been working on it for the last -- Vice Chairman Sanchez: Just the transaction. Commissioner Spence -Jones: That's what he said. Mr. Spring: The transaction that we're -- Commissioner Sarnoff I'll second. Mr. Spring: -- we've been working on. Vice Chairman Sanchez: I would second it. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All right. Now, we need -- Mr. Fernandez: Now, you need to then move to waive the conflict of interest temporarily or partially until the consummation of this transaction. At which point, the item will then come back to you again, and you may, consistent with your vote this morning, deny the conflict or do whatever else you need, but at least you have afforded us an opportunity, at this time, to continue to consummate this deal. Chairman Gonzalez: All right. Commissioner Sarnoff I'll so move. 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: OK. Commissioner Sarnoff He's so contrary today. It's -- Vice Chairman Sanchez: Hey, every now and then. Mr. Spring: Thank you. CA.9 07-00452 RESOLUTION City ofMiami Page 15 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY DALIA ROJAS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $40,000 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 DALIA ROJAS VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 05-23900 CA (24), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00452 Legislation .pdf 07-00452 Cover Memo .pdf 07-00452 Memo .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0188 CA.10 07-00453 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ADOLFO REYES, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $522,236.82, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00453 Legislation .pdf 07-00453 Cover Memo.pdf 07-00453 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0189 CA.11 07-00455 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY JEAN BAPTISTE EBEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS City ofMiami Page 16 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 CA.12 07-00457 Office of the City Attorney CA.13 07-00464 Department of Purchasing OFFICER, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND 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. 05002.301001.524000.0000.00000. 07-00455 Legislation .pdf 07-00455 Cover Memo.pdf 07-00455 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0190 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARK VALLE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $53,000, IN FULL SETTLEMENT, OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00457 Legislation .pdf 07-00457 Cover Memo.pdf 07-00457 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0191 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED MARCH 7, 2007, PURSUANT TO INVITATION FOR BID NO. 17007 (05-06-106), FROM MAROONE DODGE, MAROONE TOYOTA, GUS MACHADO FORD, AND TROPICAL FORD, AS LISTED IN THE BID TABULATION, FOR THE PURCHASE OF FLEET VEHICLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE USED CITYWIDE, ON AS -NEEDED CONTRACT BASIS, FOR AN INITIAL ONE- YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL City ofMiami Page 17 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 AT THE TIME OF NEED. 07-00464 Legislation pdf.pdf 07-00464 Summary Form.pdf 07-00464 Award Recommendation pdf.pdf 07-00464 Tabulation Sheets pdf.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-07-0193 Chairman Gonzalez: Let's take the green items, CA.13, FR.3, RE.13, 14, 15, 16, 17, 18, 19, 20, and 21. That's what we're going to be dealing with now. I'm not inferring that we're going to vote on every one of them at one time, but those are the items that we're going to be handling. Mr. Mayor, you're recognized. Good morning, sir. Mayor Manuel A. Diaz: Mr. Chairman, good morning, and thank you for the courtesies. You do have before you 11 different items; 10 are resolutions; 1 is an ordinance. I believe that these are items that will place the City in a leadership position in this country, joining other cities around America who are doing all that they can at a local level to deal with the issue of global climate change. I want to thank Commissioner Sanchez, as chair of the Green Commission, for cosponsoring, and Commissioner Sarnoff, for also agreeing to cosponsor these initiatives. The ordinance, in essence, creates an Office of Sustainable Initiatives, which we budgeted for in the last budget cycle, and quite frankly, if these individuals do their job right, I believe that the monies that we spent on this effort are not only the right thing to do, but in fact, will pay for itself with energy savings in energy deficiencies. The resolutions include two resolutions which ask federal and state governments to take certain steps in terms of providing incentives and helping local government on delivering some of the items that we will be delivering on; one deals with weatherization, which includes increasing Congressional funding for the LIHEAP (Low Income Home Energy Assistance Program) program, which is for low-income families to allow them to weatherize their homes, make them more energy efficient, and provide grant monies for that. It's a program that exists today, but quite frankly, is not adequately funded for areas like Miami, where there is such a need from low-income families, and then we have a series of other resolutions, which deal with the development of a green fleet program, which also has with it today a companion sort of item, CA.13, which deals with the -- with Purchasing's ability now to buy a series of energy -efficient vehicles, like hybrids, that will now be part of our menu of vehicles that we can acquire or lease; RE.14, which deals with the development of a green permitting program; RE.17, which deals with a green purchasing program. I'm proud to say that a lot has already been started in this regard by Glenn Marcos and his department to buy environmentally -friendly products for our operations. There's also a mandate, under RE.20, to create a water conservation program. Not only is this water conservation month, but we all know the problems that we're having today with water and the restrictions that exist. RE.19 is the creation of a green space utility program provided by Florida Statute, and finally, of course, is the climate protection agreement, which essentially sets forth the overall goals that we will have as a City to become an environmentally -friendly city, so I ask for your support on all these 11 items. Thank you very much. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Yes, sir. City ofMiami Page 18 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: -- ifI may. Good morning. As the chairman of the Green Commission, let me just say that, in the last five years, the City has launched a comprehensive and aggressive environmental program, as you can see. I think credit should be given where credit is deserved, to our Mayor, and to a lot of people that have really focused now on the environment. You know, years ago, no one even talked about -- you said the word "green," and they thought it was just the color green. Today, people are focusing on reality, and that reality is that we need to take care of our environment, not for the next generation, but the many, many generations to come. This complete package that is being proffered here today has had a lot of input from a lot of people that really know more about the environment than I do. It has been a tremendous experience for me and a privilege to serve as the chair on this committee and really grab the knowledge of all the things that we could do as a community, and as a world to not only educate people, but to really focus on what we want to accomplish here. We really focus on a variety of things here, anywhere from cleaning our streets, to our waterways, to brownfield, to energy consumption, to water, and you know, we hear now with all the restrictions -- you know, it's -- everyday that we -- that I attend a meeting, I'm enlightened by new facts and knowledge that we, in Miami, the average water consumption is about 15 percent. Miami is one percent. That is incredible, just as the canopy. I mean, we don't have that much canopy, and through education -- and we've discussed it here many times when we talk about planting trees and going out and educating people. It is taking an overall concept that we put together with these initiatives to really focus on everything. Look at what we're doing today. The Mayor has been recognized throughout the nation by other mayors as taking the initiative. He is one who drives a hybrid vehicle. You know, people are talking about Miami now -- you know, developers are coming up to me and saying, you know, I'm inquiring information as to green. How do I participate? And that's really what it's all about, and it's just -- I just wanted to take the opportunity and say that if there's one consensus -- and there's many things that we agree on -- if there's one thing that we could agree on and work together, and find broader ways and look outside the box and really get to be recognized as a world -class city, a vision city when it comes to our environment, that is the environment, so it would be my honor to move -- if you want all the items, or if you want to go one through -- through each item, I think all of you have had an opportunity to review them and address them, and if you had any concerns, they have been addressed, but other than that, I would just make the motion, Mr. Chair, to approve the items, as you proffer, whether it be one by one, or you want to take -- Chairman Gonzalez: Let me ask first what is -- Vice Chairman Sanchez: -- the entire package. Chairman Gonzalez: -- the will of the Commission? Would you like to take all the items at once for Commissioner Sarnoff No. I -- Chairman Gonzalez: -- a vote, or --? Commissioner Sarnoff -- think it's a good idea. IfI could comment on CA.13 and put it with RE.17, and just ask the City Manager -- I think it's essential -- what the Mayor is doing is leading by example. Unfortunately, the rest of us in the Commission are not leading by that example as we drive these very big, large, aggressive cars, andl think if we're going to send a message to the constituency that we represent, we should equally be in hybrid vehicles as soon as possible. Those hybrid vehicles should be extended as far as possible throughout the City. They get the most gas mileage of any car presently with the technology where we have it today, and we have to start showing those who can afford it and those who can make the modifications to do so now, and the only way to do that -- I mean, when I come in here, the Mayor's always here ahead of me, and he's always here after I leave, so I always get to see the hybrid vehicles there, andl sit here with some jealousy because I'd like to be able to make that same representation. City ofMiami Page 19 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 I'm sure Commissioner Sanchez, as the head of the Green Commission, would also like to do that, andl think we need to lead by example. Every time somebody comes and visits City Hall, they should see each one of us, not only talking the talk, but walking the walk, andl ask that we do so now, andl ask that any modifications we're about to pass a resolution so that --I guess, it's Maroone Dodge, Maroone Toyota, Gus Machado Ford, two of their very dealerships have hybrid vehicles, two of the best hybrid vehicles presently manufactured, so I ask you, Mr. City Manager, that we actually start walking the walk as soon as possible. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- andl, too, support Marc's words, and that's why I was concerned, andl told the Manager we're doing this backwards because we had CA.13, and then we have all these green initiatives. My understanding, according to Glenn, is that what is in this contract is one four -door sedan hybrid Toyota Prius and one sport utility hybrid Ford Escape. It's two out of how many cars? And understand that the police cars cannot and should not be hybrid, not at this stage because of the -- but I just wanted to find out how many cars are we projecting buying on this contract, except those two hybrids? Glenn Marcos (Director, Purchasing): The act -- that actual information would have to be provided by GSA (General Services Administration). I know that GSA currently are looking at their budget and trying to see how much they're going to end up purchasing this year and next year, so I'm not sure whether Kelly Barket -- Chairman Gonzalez: Mr. Manager. Pedro G. Hernandez (City Manager): Mr. Chair, the item, CA.13, provides the vehicle for us to be able to acquire the vehicles. I have to work with GSA, and as directed by one of the other resolutions, I have to develop a fleet management program to, I would say, increment the purchases of hybrids and to lead by example, as was stated by Commissioner Sarnoff, and -- Commissioner Regalado: Yeah, but then the information thatl got, where did it come from? Mr. Hernandez: Well, the -- we do have the procurement process, which allows for -- Commissioner Regalado: But he said he doesn't know, but we know that we are buying one four -door sedan hybrid Toyota Prius and one Ford Escape utility sport hybrid. Mr. Marcos: Commissioner, I can answer that. Your office went ahead and contacted me and asked me exactly what vehicles would be under this particular contract that were hybrids that can be purchased. Those vehicles is a Toyota Prius and the Ford Escapes [sic], and that is under contract, and those are the two vehicles that we can seek after in purchasing, but we haven't committed to just one. We're actually exploring to see how many. It's just that it's those two vehicles that are currently listed in the contract that we are able to buy. Commissioner Regalado: I understand that, but my question was, you said you didn't know how many, and we do know that whatever we buy, we're buying two hybrids. That's what we know for sure. Is that correct? Mr. Marcos: Currently, what we are committing into buying is two hybrids, and those two hybrids would be for the Office of the Mayor, that's correct. Yes. I stand corrected. As far as the two, it will be the Toyota Prius, and again, the Ford Escapes [sic]. Those are the only two vehicles that we're committing to buying. City ofMiami Page 20 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: OK. I just want to say that, you know, we need to make an effort -- and although I know that it's very difficult to change drastically the fleet because hybrids have other kind of maintenance, and you need to get your shop up-to-date, but they could be alternative -- I would figure that if you buy a hybrid, it would have a guarantee from bumper -to -bumper, and you don't need to take it to GSA shop because it has like 36-month guarantee bumper -to -bumper, and then five years -- some of them have ten years with some of the issue, so I just wanted -- I was confused because we were doing the buying first and deciding that we are buying hybrids later. The other thingl want to really point out, and that's for the Grants Department and the Manager. There are -- the energy department has a number of programs that they are doing in order to help the people, and especially, municipal governments to be more energy efficient. Solar panels, we know that are very expensive, but energy department has several programs, especially for Parks office, that could generate their own electricity with solar panels, and by the way, the County, I spoke to Mr. Renfroe and his assistants. The County, next week, is about to launch a very good program that we can tap into, and we were promised that all elected officials in the City ofMiami will receive the applications that will install toilets free, free installation, free toilets in the homes of people with double homestead exemption in Miami -Dade County. In the City ofMiami, we have 8,511 homeowners with double homestead exemption. These toilets will save more than half of the water that they consume in a regular toilet, and the applications will be ready -- maybe, Mr. Manager, you can get it from WASA (Water and Sewer Authority) -- I think, in two weeks, and we should have it in the elected officials -- andl think that this will help a lot of people because it's no cost at all. The installation is free, the toilet is free, and everything will be done free for the people that qualify. Thank you. Mr. Hernandez: Thank you. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: Any further comments on the --? Commissioner Spence -Jones: I just want -- once again, just add on to everyone else. Want to commend the Mayor's Office and your whole team for putting together these wonderful initiatives, and being very aggressive about making it happen, as Commissioner Sarnoff said, not just talking the talk, but actually walking the walk to really lead by example so that other cities, hopefully, throughout Dade County will follow our lead as to what we're doing, so definitely wanted to commend you for making those steps. I just want to also just be clear so that we're all on the same page. The Office of Sustainable Initiatives will be headed up by -- at this point -- because it's going to be a physical office that people can call -- Mr. Hernandez: It will be headed up by Robert Ruano. Commissioner Spence -Jones: OK, so you'll -- he'll be handling -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- both? Mr. Hernandez: Yes, he will. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Mr. Hernandez: Mr. Chairman, ifI may. On one of the items, FR.3, there is a few modifications that would like for Mr. Ruano to put into the record. City ofMiami Page 21 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Jorge L. Fernandez (City Attorney): Yes, and FR.3 is an ordinance, which would need to be taken up separately. Vice Chairman Sanchez: Separately, yeah. Robert Ruano (Grants Administration): The substitution is just -- Vice Chairman Sanchez: But -- Mr. Ruano: -- adding legal language -- Vice Chairman Sanchez: -- that's FR.3? Mr. Ruano: -- but I don't think you're voting on that now. Vice Chairman Sanchez: That's FR.3? Mr. Ruano: FR.3, yeah. Vice Chairman Sanchez: Well, we'll take that up separately. Mr. Ruano: Right. Vice Chairman Sanchez: Let's just go ahead and take up all the items that pertain to the green that -- Chairman Gonzalez: All right. Vice Chairman Sanchez: --I believe there -- Chairman Gonzalez: Is there a motion? Priscilla A. Thompson (City Clerk): Chairman, Chairman. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Before you take the motion, I just want clarification, ifI can go over two things to make sure that your record is correct. I -- the discussion took place on CA.13, FR.3, RE.13 through 21. Chairman Gonzalez: That's correct. Ms. Thompson: Now I need to know from the City Attorney if it is proper and acceptable if we can record one vote on all of those RE (Resolution) items. I know we have to do the FR.1 [sic] separate, but -- Vice Chairman Sanchez: Well -- Ms. Thompson: -- all -- Vice Chairman Sanchez: -- Madam Clerk, I'll go ahead and make it simpler for you. I'll go ahead and move sep -- each separately, and we'll start with RE.13. So move. Ms. Thompson: C -- RE thir -- I'm sorry. CA -- City ofMiami Page 22 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: CA.13. Ms. Thompson: -- 13. Vice Chairman Sanchez: Oh, I'm sorry. CA.13. Ms. Thompson: Thank you. Chairman Gonzalez: All right. We have a motion. Do we hear a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. CA.14 07-00465 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF THE FIRST AMENDMENT, IN THE ATTACHED FORM, TO THE AGREEMENT FOR PURCHASE AND SALE , OF CITY -OWNED REAL PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI FLORIDA, BETWEEN THE CITY OF MIAMI AND PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO PROVIDE FOR: (1) A THREE (3) MONTH EXTENSION TO SATISFY THE CONDITIONS PRECEDENT; AND (2) MODIFICATION OF THE UNIT COUNT AND TYPE TO PROVIDE THREE (3) OWNER OCCUPIED TOWNHOUSE UNITS WITHIN THE ECONOMIC AFFORDABILITY RANGE OF VERY LOW, LOW AND/OR MODERATE INCOME FAMILIES AND/OR INDIVIDUALS; WITH THE TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID FIRST AMENDMENT. 07-00465 Legislation .pdf 07-00465 Exhibit .pdf 07-00465 Summary Form .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0192 Adopted the Consent Agenda Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, 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 City ofMiami Page 23 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: We are ready to take the consent agenda. What I'm going to do is I'm going to pull CA.13 to be discussed with some other green initiative items so we can take them all as a whole. I hope I don't have any objection from my colleagues, and -- Commissioner Regalado: And also, Mr. Chairman, pull for discussion CA.8. Chairman Gonzalez: 8. All right. Do I hear a motion on the balance of the consent agenda? Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. Anyone from the public that wants to speak on the consent agenda? Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: Seeing none -- Mr. Hernandez: -- ifI -- Chairman Gonzalez: -- hearing none -- Mr. Hernandez: Mr. Chairman, if you allow me one quick second. I have three pocket items, two of which deal with one of the items already on the agenda, which is PH.7, which is the affordable housing guidelines. Chairman Gonzalez: But this doesn't have anything to do with the consent agenda, does it? Mr. Hernandez: No, no, but I just wanted to -- Chairman Gonzalez: So let me finish with the consent agenda, and then -- Mr. Hernandez: Thank you. Chairman Gonzalez: -- we deal with that. All right. All in favor, say "aye." Laura Billberry (Director, Public Facilities): I'm sorry. Lori Billberry. I just wanted to correct, for the record, on CA.5 that the correct name of the licensee is Allapattah-Wynwood Community and Development Center. I just wanted to -- Chairman Gonzalez: That is the childcare. Ms. Billberry: Yes. Chairman Gonzalez: OK. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 24 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PERSONAL APPEARANCE PA.1 06-02298 DISCUSSION ITEM N. JASMINE YACINTHE, PH.D DIRECTOR OF TRANSPORTATION AND PLANNING SERVICES GANNET FLEMING INC. TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION. 07-02298 Cover E-mail.pdf DEFERRED [Note for the Record: The item was deferred to the City Commission meeting currently scheduled for April 26, 2007.] City ofMiami Page 25 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00435 DISCUSSION ITEM DISCUSSION CONCERNING EXTENSIVE LITTER PROBLEMS CAUSED BY DISTRIBUTION OF FLYERS, LEAFLETS AND ADS. 07-00435 Cover Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney and the City Manager to work in concert to develop an ordinance limiting the ability of vendors or individuals to distribute flyers throughout the City ofMiami. Chairman Gonzalez: All right. Let's go into the blue pages. D2.1. Commissioner Sarnoff Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Sarnoff -- this is a discussion I'd like to have regarding asking the City Attorney to work in concert with the City Manager to develop an ordinance that would limit the ability of vendors or people to distribute flyers in and out and throughout the City ofMiami. What's happening is our city is being polluted with flyers -- andl could show you. For instance, this is what they end up looking like -- Commissioner Spence -Jones: And let me -- can we -- can you pass --? I want to just see them. Commissioner Sarnoff -- with regard to -- especially in the Edgewater area or in the PAC (Performing Arts Center) area. There's no regard for once the flyer is distributed as to what becomes of that flyer. There are a number of cities who have ordinances -- for instance, City of Miami Beach, for instance, the City ofDoral, andl think there are two or three others that might warrant looking at, where we restrict -- we don't prevent, but we restrict the ability to people to just put out flyers and simply pollute our streets. I believe, based on my law school education, that commercial speech is a little more restricted than, let's say, political or other types of speech, andl think we should push the envelope a little bit to restrict commercial speech in the means in which they're not picking up right now. I mean, very simply, we should ask them to be good citizens, and once they distribute their flyer, come around the next day and, for instance, pick up the flyers that are all over the place, and we're not talking about a little bit. We're talking about a real problem. It happens here in the Grove. It happens in Edgewater. It happens all over the City ofMiami, not just in my district, and there are two people who benefit from this; the person who, obviously, is the company that distributes the flyers, and then, of course, the company that is having the promotional advertisement for them, andl think we City ofMiami Page 26 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 should look at both ways, which is what I, ineffectually, meant to say is we should look at the person who's distributing them and place some restriction on them, and then see if it's warranted to look at the person who is getting the benefit from that flyer because it's -- 99 percent is going to be a commercial activity, and our experience, at least in District 2, is the City ofMiami Beach has a great number of places advertising in our area for the folks to go over to Miami Beach to go to a concert or whatever it is that they're advertising for, whether it's a certain venue to spend a certain night, and it's becoming a problem. I'm asking, simply, that the discussion start; that the City Attorney look at the best possible ordinance that we can develop. I realize that we're playing in the free speech territory, which is always a dangerous and potential territory for constitutional challenges, but my recollections of law school was that the Supreme Court had spoken pretty clearly on this, and that we should, at least, start visiting the issue and promulgating some good legislation so that our Code Enforcement officer can go out there and start citing the people who are benefiting from this, and there are two; there's a person who distributes, and then there's, of course, the person who is having the advertisement done. With that, I just turn it over -- I know my colleague, Spence -Jones, has a -- an issue similar to this, so I'll open it up to her, if you don't mind. Commissioner Spence -Jones: Yeah. Thank you, Commissioner Sarnoff, and thank you, Mr. Chairman. Actually, my item, we can just take it as a part of it because I think we're going to be joined at the hip on this issue and -- so we don't have to bring it up for me during my time. I just want to add, this is something that I've been talking about since, you know, I've been sitting in this seat, and a lot of it, for me, the frustration really centered around these illegal signs that were posted, you know, on our streets, under our expresses -- expressways, in our right-of-ways [sic]; everything from "We Buy Houses" to "Stop Foreclosure" to `Party Down the Street," you know, andMariano can tell you that I've been constantly working with them trying to figure out a way to enforce this issue because, like Sarnoff has said -- I know, at least in District 2, he has areas in which there are a lot of parties take place, which is the club district, and the -- we share somewhat of the Design District, or at least, the public we share, so we have a situation where there's always people posting stuff in our areas, and I know that the -- Mariano has -- Mr. Manager has communicated that it's been very difficult for them to stop or enforce it because it's hard to find many of these people. Many times there are -- they might promote in the area, but they don't live in the area, so it's kind of hard to violate them or fine them, so my recommendation, just adding onto Commissioner Sarnoffs recommendation, is there's two things that I'd like for the City Attorney andMariano to look at; first being -- we're talking about these flyers and -- being posted under expressways and -- I'm sure we all see them. They're not just in our district. They're really everywhere. When -- for instance, when a party planner or event planner or promoter comes to the City, here's one way that we can address it; to do actual events within the City that take place at Bayfront Park, Bicentennial, and they need a special events permit, one of the things that we could look at -- andl thinkl talked to the City Attorney about this -- is adding some sort of deposit with the promoter to say, you know, if you're going to do an event, we're asking that you provide a deposit, and that deposit goes towards cleaning up after they leave, andl think that, if we put a deposit that's big enough, people would at least have consideration when they start sticking this hard -to -remove posters under expressways, that they'll at least think twice about it, so I know that there're several permit fees that go into actually getting a permit to do an event in the City, and that's one way that we can curb some of it, so I'd like for the Administration to come back to figure out that way to, at least, prevent the stuff from happening from the very beginning, and then the second part of this was, once they have posted these signs, I believe -- Mariano, I don't know if you want to speak to it -- your recommendation is, even though you violate them and you give them a fine for $250, whatever that fine is, many of them either don't respond or, if they do respond and they pay, they continue to do it, so maybe we have to look at another way to stiffen the penalties regarding the issue so that people will begin to realize that they can be either arrested or the fines could be doubled, or whatever the case may be, butl do know that -- andl know, in my district and in Allapattah -- Allapattah has a lot of these -- we -- I know our communities are bombarded with these I buy, we buy houses, foreclosure, and it preys on a lot of the residents that actually live in the City ofMiami Page 27 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 neighborhood, so Mariano, if you can at least speak to how we could either double the fine or work with the Police Department to make sure that it's not seen as, oh, it's not that important. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. Yeah. There is two issues over here that -- one that is the littering, which is covered by Chapter 22, and the other one is the one that you're talking about is covered by Chapter 54, which is a sign -- when they are putting in any public way or public right-of-way. One of the biggest problem to enforce this, andl want all you to know, is to cite the person who is doing it, who is committing this violation. You mentioned the people who advertise. Basically, those people are not from this city. They just come and hire a group of people to go and make a distribution of flyers or put it all over the place. Commissioner Regalado: Mariano, can I -- Mr. Loret de Mola: Yes. Commissioner Regalado: -- ifI may. Long before Michelle and Marc brought the issue, remember that -- Mr. Loret De Mola: Before me too. Commissioner Regalado: -- I brought the abandoned signs -- Mr. Loret De Mola: What? Commissioner Regalado: -- you know. Remember, about two years ago, and what we recommend was to -- because abandoned signs are very profitable. Mr. Loret De Mola: That's right. Commissioner Regalado: In the mediun [sic] in Coral Way, you place a sign with a stick, and that sign would probably cost you $1, $1.50; most likely, in three days, it would be gone, but you have thousands and thousands of people that saw that sign. It's cheaper than a billboard, than a radio advertising, but we still can call the foreclosures, we buy homes, you know, I buy your home; call that person and said, look, you are in violation. Whether it's an agency that is doing this for you, or whether it's you directly that are paying, we will cite you if another sign of that company appears on the public right-of-way. The problem -- and you're right -- is that some of these people that are hire, in order to expedite their work, they will give you ten or fifteen, or they just throw it away, those litter. I think that it's time that we get on with the companies that are advertising, not with the people that are place the sign, you know. Have Code Enforcement call -- Mr. Loret De Mola: Commissioner, the problem is that the majority of those companies, when they do that, they are not within the City ofMiami, so when you cite them --I mean, when you cite them, they ignore the citation because there is no consequences to them because the consequences to a citation is lien the property or go and take it to the Code Enforcement Board, whatever it is that we can do within the City. When they leave out of the City, they get the citation and they put it on a trashcan, and that's the end. Commissioner Regalado: I understand that. I understand that. Mr. Loret De Mola: When we find, on the public right-of-way -- and it's no question, the inspector has the instructions, and also, we get the help from the NET (Neighborhood Enhancement Team) Litter Busters. When they are on the public right-of-way, we pick it up, put it on the back of the car, and we -- City ofMiami Page 28 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: Andl -- Mr. Loret De Mola: -- take off but that doesn't solve the amount of problems that we are -- Commissioner Regalado: No, andl -- Mr. Loret De Mola: -- having. Commissioner Regalado: -- understand that, and this -- andl thought about that because some of these number are 786 and you know, you -- Mr. Loret De Mola: Sure. Commissioner Spence -Jones: Nine -five -four. Commissioner Regalado: -- don't know where they are -- Mr. Loret De Mola: Yeah. Commissioner Regalado: -- but if we can get, calling those number, the addresses of the company -- suppose that this foreclosure company is on Southwest 107th Avenue, near FIU (Florida International University), suppose, then we will call Team Metro and said to Team Metro, look, we have this situation in the City ofMiami. Just to warn you, there is a company that is violating a ordinance in the City ofMiami placing signs in the City's right-of-way. We have no authority. They don't care because they are not City ofMiami business, but as a courtesy, we are requesting that you send them a letter because it is within your domain. If that is the case in Hialeah or Miami Lakes, and that is called good neighbors policy, and it can be arranged. Mr. Loret De Mola: We sure are going to try that. We have contacted some of them on the telephone. They are becoming very smart. We cited them to see them in a property; they don't show up. We have try all different undercover activities to see if we can get some of them. Commissioner Spence -Jones: But, Mariano -- I'm glad you brought this up, Commissioner Regalado, because there -- you know, I was trying to find a solution, and that is, perhaps, a solution. The solution is maybe -- not necessarily -- I mean, you can contact them too, but maybe contact the local municipality, just as if they would come to our area, andl -- we would want them to know that they could do the same thing, if we're being promoted in their areas and their cities, so I think that that's one possible solution that could, at least, assist you with enforcing it. Just in closing -- and I'm going to turn it back to the original person that brought this up -- I just would like to see, or direct the City Manager to work along with -- to bring Code Enforcement, the City Attorney's Office, and Police together to bring back to us some sort of solution with addressing on how we violate these individuals, and what are the steps to making sure that we stop this from happening within our districts. Mr. Loret De Mola: What -- Pedro G. Hernandez (City Manager): Commissioner, I think that as, you know, Commissioner Sarnoff mentioned there are several jurisdictions, like Miami Beach, Doral, et cetera, that do have ordinances in place. I think that we have to take a look at those and see how we can, you know, learn from those, shape those to do one that is best suited to our need, and I think that working with the City Attorney, Code Enforcement, we can shape that ordinance, something that we -- that has teeth for us to enforce. City ofMiami Page 29 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Loret De Mola: I did check the Miami Beach ordinance, and they got one that they are working on it that pass on first reading, and they have some legal problems, and they are considering that they may not pass it on second reading. The one that they have right now is same as the one that we do have it, and that's the one that they are enforcing at the present time. Commissioner Sarnoff But Commissioner Regalado brought something up I had not thought about, and let me just use this as an analogy to the City Attorney. The State of Florida enters into compacts with other jurisdictions, South Carolina, et cetera, so that when you get into a -- if you violate the speeding laws of South Carolina, that they would apply to your license here. Could a city enter into a compact with other cities that they would be allowed to possibly lien the property of that particular offender that does the offense here in the City ofMiami, or alternative to that, would they preclude that particular vendor from getting a special event permit in their jurisdiction? So very much like a compact, like we do, again, with the motor vehicle law, andl don't know the legality. I'm asking you to look into it. Jorge L. Fernandez (City Attorney): Yes. It could be an interlocal agreement or -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- a mutual aid pact, like you call it, and we have those with any number of jurisdictions in different areas, and we could explore doing it here. That would be very creative way of making sure they have no way to run, nowhere to hide. Commissioner Sarnoff Right, right. In other words -- I mean, really, if you think about it, it's really three jurisdictions, and we've satisfied 75 or 80 percent of the problem. If we have the City of Miami Beach, if we have the City of North Miami Beach -- and forgive me, I'll throw somebody else in there. I don't know who it would be, but you would really take care of most of the problem, so maybe we could be creative, if you -- Commissioner Spence -Jones: I like that. Commissioner Sarnoff -- will, call it an interlocal agreement or call it a compact. Mr. Loret De Mola: That's a very good suggestion -- Commissioner Spence -Jones: Yes. Mr. Loret De Mola: -- Commissioner, and the other one that you have, that's another good suggestion because some of this and the majority of these activities are taking place in City properties in which we have to grant the permit, and we can control about -- Commissioner Spence -Jones: That's two ways to -- Mr. Loret De Mola: -- 50 percent or 20 percent of that activity. All right. Mr. Fernandez: Another avenue that we have already started exploring is that the largest jurisdiction, of course, that we're talking with that comprehends and involves all of us is -- Commissioner Spence -Jones: The County. Mr. Fernandez: -- Miami -Dade County -- Commissioner Sarnoff Right. Mr. Fernandez: -- and if we can get the County's assistance with regard to the exercise of their City ofMiami Page 30 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 home rule powers and through the Charter, passing similar legislation, you know, they already control, as it were, the whole issue of signs and billboards, and they're very active in regulating and controlling that. This is a step down from that, but we need to explore all of the possibilities with that too. Commissioner Spence -Jones: But think that's a perfect solution. Mr. Loret De Mola: I think so. Commissioner Sarnoff I think Commissioner Regalado should get the credit -- Commissioner Spence -Jones: Yes. Commissioner Sarnoff -- for that -- Chairman Gonzalez: All right, so -- Commissioner Sarnoff -- in absentia. Chairman Gonzalez: -- conclusion? Mr. Loret De Mola: But let me mention this -- Chairman Gonzalez: We instructing the Manager to do something, or the City Attorney, or Mariano, or --? Mr. Hernandez: Yes. Commissioner Spence -Jones: Yes. Mr. Hernandez: You have instructed us to basically look to what's happening in other municipalities, look to developing a compact with the County and other municipalities to be able to enforce this in an effective way. I think that the County and other municipalities, they have similar problems to what we're facing here today, and that they would be more than happy to work with us. Chairman Gonzalez: All right. Any further discussion on this item? Commissioner Spence -Jones: I just would like to see that we come back with this within the next 30 days because sometimes we make these suggestions -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- or give directives, and you -- Mr. Hernandez: We'll report -- Commissioner Spence -Jones: -- don't see them until six months -- Mr. Hernandez: -- back to the City Commission in 30 days. Commissioner Spence -Jones: OK. Commissioner Sarnoff That reminds me of my parks. Once I asked him to go get my park, it never comes back. City ofMiami Page 31 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: So I just want to make sure we -- it comes back. Mr. Fernandez: Yeah. Mr. Loret De Mola: Let me -- can I say something, Mr. Chairman? Chairman Gonzalez: Yes. Mr. Loret De Mola: There is a one last resort, arrest as a misdemeanor. Commissioner Spence -Jones: Well, when you come back with the recommendations, we can -- you can include that. Mr. Hernandez: Right. Obviously, that's -- Mr. Loret De Mola: Because, you know, (UNINTELLIGIBLE) -- Mr. Hernandez: -- part of the -- Mr. Loret De Mola: -- misdemeanors. Chairman Gonzalez: The only -- Commissioner Sarnoff (UNINTELLIGIBLE). Chairman Gonzalez: -- problem is that we need to wait until we can hire a few more police -- Commissioner Spence -Jones: I know. Chairman Gonzalez: -- officers because, you know -- Commissioner Sarnoff Well, now they can do it. It's not a problem. Commissioner Spence -Jones: OK. Chairman Gonzalez: They have enough burden on them now the way it is, so -- Mr. Fernandez: Mr. Chairman, one of the cities that has one of the biggest problems with this same issue is Las Vegas. As you can well imagine -- I don't know if you've been there lately -- leaflets and all these things are a major pollution problem, and we have also contacted other jurisdictions, larger cities that, you know, have been challenged with regard to ordinances that they have passed, so we're not limiting our research in order to bring to you an ordinance. We're looking throughout the country, where other places have been successful in tackling the same problem. Thirty days, for sure, we'll have a report to you; hopefully, perhaps, even a first reading of an ordinance. Chairman Gonzalez: All right. Thank you. D2.2 07-00436 DISCUSSION ITEM DISCUSSION CONCERNING ELIMINATION OF FIRE FEE EFFECTIVE FOR THE FY' 2008 BUDGET YEAR. 07-00436 Cover Email.pdf City ofMiami Page 32 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 DISCUSSED Direction by Commissioner Sanchez to the Administration to complete an analysis report regarding the elimination of the fire assessment for the upcoming budget workshop, to include alternate funding sources for the decrease in revenue that would result from eliminating the fire assessment. Commissioner Sarnoff D2.2, the only reason I want to bring this up is so that Larry Spring is not surprised or is prepared to, at least, I think, address this Commission in the next couple of months, when I believe there's going to be a vote to do away with the fire fee. I think it will be a successful vote. I hope it will be a successful vote, but I just ask that you be -- that this be very clearly brought to your attention so that, I think, anybody up here listens or has to hear from the City and say, we didn't prepare for that, or we're not prepared -- we can't live with that reduction, so my point of bringing it up now is just to say to you, please prepare. Commissioner Spence -Jones: And can I just add on your --? Larry, can you just clarify --? Because a lot of this stuff once again, predates some of us up here, but are we reducing the current fire fee, and is there a plan to -- that was put in place to totally eliminate the thing, and what is that plan, so we're clear? Chairman Gonzalez: Yeah. We're doing it. Larry Spring: Yes. Larry Spring, chief financial officer. Two years ago, led by the Chairman of the Commission, we put into play a plan to reduce the fire fee by 25 percent every year. Chairman Gonzalez: Actually, to eliminate it. Mr. Spring: Right -- Vice Chairman Sanchez: To eliminate it. Mr. Spring: -- to eliminate it. One of the discussions, I know, that we've proffered back, which is the concern (UNINTELLIGIBLE) -- andl know the Chairman is familiar with this is the fact that we wanted to proffer, at some point, to leave a certain amount of it there solely for capital -related expenditures for the Fire Department because they rely on that source of revenue for the purchase of capital -related non -EMS (Emergency Medical Services) capital expenditures. I think the Commission has made it pretty clear in the last couple of meetings that they want, as part of the upcoming budget proposal that Mike Boudreaux will be presenting to the Commission, that part of that include a complete elimination of the fire fee, and we will proffer a, I guess, proposal that has that included. My only communication to the Commission would be that we also, at the same time, identify a dedicated source of funding to replace that capital expenditure -- that capital need that Fire will still have and was kind of the motivation for us creating a fire fee in the first place, so -- Jorge L. Fernandez (City Attorney): Mr. Chairman, if you allow me for a moment. It's easier to correct Larry than to correct any of you. It is not a fire fee; it's a -- Mr. Spring: Sorry. Mr. Fernandez: -- fire assessment -- Vice Chairman Sanchez: Assessment. Mr. Spring: Sorry, sorry. Mr. Fernandez: -- so the Clerk should be instructed any reference, you know, erroneously made City ofMiami Page 33 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 to a fee should disappear, and this is the program we have in place, and what we assess is a fire assessment. There is a significant difference. We don't need to get into it, but historically and traditionally, it's just fallen into our vocabulary. We keep calling it a fee, even write it as a fee, but it's really a fire assessment, and -- Mr. Spring: Fire assessment. Excuse me -- Mr. Fernandez: Easier to do it to you, Larry. Vice Chairman Sanchez: All right. Mr. Spring: -- fire assessment. Mr. Fernandez: There you go, Larry. Mr. Spring: If you just take all of that and make it -- Vice Chairman Sanchez: All right. Mr. Spring: -- fire assessment. Pedro G. Hernandez (City Manager): If you allow me -- Commissioner Sarnoff Motion to -- Mr. Hernandez: -- I think it's important -- Commissioner Sarnoff -- strike the record to reflect any reference to fire -- what is it now? Mr. Fernandez: Fire assessment. Commissioner Sarnoff -- assessment, and -- Mr. Hernandez: I think -- Vice Chairman Sanchez: Mr. City Manager, you're recognized. Mr. Hernandez: I wanted to say, if you allow me, that the current fire assessment rate, based on the City Commission's plan of it two years ago, is at a discount rate of 50 percent, and that's approximately $31 at this point, and that plan call for a further reduction of an additional 25 percent for the '07/'08 fiscal year, which would be down to about $16 a year. I just wanted to put that on the record so that we keep, you know, the relevance of what we're discussing. Vice Chairman Sanchez: All right. Any further questions on the -- any --? I just, as -- just want to say that, as always, I say that the perfect opportunity and venue for us to discuss that is during the budget, to address, as you stated, the concerns that we have, and as we know, I don't think anybody wants to make a commitment right now because of the following pending litigation, and of course, we don't know the outcome of Tallahassee as to the tax relief reductions that might be proffered in Tallahassee, what effect it may have on the City, so once again, I just want to encourage you to maybe, as directed by the Commission, when it comes to budget, we need to have a complete analysis report on. If we're going to do away with it, where are we going to come up with the fundings [sic] to make up whatever needs to be made up. All right. D2.3 07-00437 DISCUSSION ITEM DISCUSSION CONCERNING THE CREATION OF AN OPEN GREEN City ofMiami Page 34 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 SPACE FUND. 07-00437 Cover Email.pdf DEFERRED Chairman Gonzalez: D2.2. Commissioner Sarnoff D2.2, I'm just going to defer for sake of time. Mr. Chairman, I know you'd probably enjoy that, but I will suggest just two things to the City Manager. There are two items that asked you to come to me with that have not been brought back to me, and that is Paul Walker Park, and that is the creation of the park, I'm going to say, on Brickell. I think it's the 1001 building, Aon building. I've heard nothing, despite my requests in writing to everyone. One thing about District 2, it doesn't mind if you disagree with us, but we don't like to be ignored. Pedro G. Hernandez (City Manager): We'll respond to you. Commissioner Sarnoff Thanks. Commissioner Spence -Jones: And just -- Mr. Hernandez: We'll respond to you, Commissioner. Chairman Gonzalez: D2 -- Commissioner Spence -Jones: -- and adding on that, Mr. Manager, too, because one of the things that I know was said some time back is that we would get some sort of either monthly report or every other month report of all the directives that we give so that, at least, we know what the action steps are -- you know, that are happening with them. Unless, you know, we e-mail (electronic mail) you or keep -- and you know I will e-mail you to death, so -- but the issue, though, I think it'll be nice to, at least, have that report that we requested. Mr. Hernandez: Commissioner, that's something that, right now, we're working on, and we want to eventually get it on the Web, but in the meantime, we'll provide it to you hard copies to keep you up -to -speed. Commissioner Sarnoff Thank you, and by the way, Mr. Chairman, I meant to say D2.3 is what I would defer. Chairman Gonzalez: D2.3. Commissioner Sarnoff Right, for any further discussion. D2.4 07-00438 DISCUSSION ITEM DISCUSSION REGARDING AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI TO INCLUDE A BILL OF RIGHTS. 07-00438 Cover Email.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to direct the City Attorney and the City Manager to examine the citizens' bill of rights of the City ofMiami Beach, and to include it as a part of a referendum in the November 2007 election. Vice Chairman Sanchez: All right. We'll go to D2.4, which is an amendment to the Charter to City ofMiami Page 35 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 include a bill of rights. Mr. Sarnoff, you're -- Commissioner Spence -Jones: Commissioner Sarnoff -- Vice Chairman Sanchez: -- recognized. Commissioner Spence -Jones: -- you're not going to address D2.3? I know you said -- you're going to change it or you're going to wait? Commissioner Sarnoff D2.3 is the -- Commissioner Spence -Jones: Your opening -- Commissioner Sarnoff -- open space. I deferred. Commissioner Spence -Jones: You're going to defer it? OK. Commissioner Sarnoff Yeah. Vice Chairman Sanchez: All right. Come on. Commissioner Sarnoff I'll bring it up next time. Vice Chairman Sanchez: D2.4, you're recognized. Commissioner Sarnoff D2 -- Mr. Vice Chairman, this is a discussion item to bring a citizens' bill of rights. We do not have, as part of our Charter, a citizens' bill of rights, and while there's been some argument laid that the -- we are -- come under the County's citizen bill of rights, no other city of our size, or no other city of practically any other size, allows themself [sic] to make that argument. They actually put it in writing, and it really is a representation of what the City should be about, and part of the citizens' bill of rights that I'm promoting is that the government has been created to protect the governed and not the governing. Convenient access, truth in government, free access to public records, minutes and ordinance registration, the right to be heard by any person at every Commission meeting -- and we can restrict that, but they should have a right to come up and say what they want -- Vice Chairman Sanchez: They do. Commissioner Sarnoff -- at the appropriate time -- a right to notice, no unreasonable postponements, which I think sometimes we might abuse here; a right to a public hearing, and let me just tell you the thing that I find most important, andl'm actually reading -- as you all begin to get to know me, I seem to find most of what I'd like to find in the City ofMiami Beach, and this is Section 16 of their bill of rights, and it's nondiscrimination. No person shall be deprived of any rights and privileges conferred by law because of race, color, national origin, religion, gender, sexual orientation, disability, marital status, familial status, or age, andl think that's something we need to come out upfront and say, this is who we are; this is who we aspire to be as a city, andl'm asking that, instead of forming a committee to study this -- I don't think it has to -- I think all we need to do is instruct the City Attorney, through the City Manager, make possibly, as well, and ask that -- and I'll hand it to you right now -- we take a strong look at the City ofMiami Beach's bill of rights, andl ask that it be put as part of a referendum in the November 2007 election. Vice Chairman Sanchez: Is that in the form of a motion? Commissioner Sarnoff It is. City ofMiami Page 36 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: All right. Is there -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- a second? Commissioner Regalado: Second. Vice Chairman Sanchez: The motion has been -- there's a second. 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. We move on. D2.5 07-00461 DISCUSSION ITEM DISCUSSION CONCERNING CONSTRUCTION SPRAWL INCLUDING: a) PEDESTRIAN COVERED WALKWAYS b) ROAD CLOSURES IN CONJUNCTION WITH DEVELOPMENT PROJECTS c) BUILDING CODE PROVISIONS ADDRESSING SIDEWALK ENCROACHMENTS 07-00461 Cover Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to research the creation of an R-1 and R-2 ordinance that would require a fence be placed around project sites, during the demolition phase, with a barrier that would limit the view and the dust created by the site in the neighborhood. Vice Chairman Sanchez: D2.5. Commissioner Sarnoff This is a discussion item for what we like to refer to as a pedestrian covered walkway. As you know, in cities now our size -- because we're becoming a city of size -- City of New York, City of Washington -- I cannot think of a city, as I walk to the upper -- to the northeast -- this includes Atlanta, by the way -- that when you're walking in their downtown urban core, that you're asked to go in the middle of the street because the construction workers have determined that that sidewalk is closed. It is not appropriate for us to demand of our citizens that the sidewalks are closed for any reason whatsoever, except for possibly those few circumstances when, for a very limited period, possibly, a week during the construction cycle, that mandates. I've promoted and provided to you all something that was archived here in the City ofMiami, which is the pedestrian covered walkways ordinance, if you will, and a road closures ordinance. I'd like to also ask you to consider, as part of this, not part of your package, for purposes of discussion, an R-1 and R-2 ordinance that requires that when that construction project commences, during the demolition phase, that a fence be placed up around that particular project with a barrier so that, for the one or two years that that neighborhood has to deal with that construction, that they're at least, limited to the viewage [sic] of it and to the dust that's created, making us a better city, making us a more pedestrian friendly city, and making us, more importantly, an ADA, Americans with Disability [sic] Act, compliant city. This, I will tell you, I believe, is mandated by law. It's a law we do not follow. City ofMiami Page 37 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: All right. Anything else on the issue? Commissioner Spence -Jones: No. I just want to say I -- both of your items, Commissioner Sarnoff, were great items, andl'm glad that you brought them. The bill of rights issue, I think, is brilliant, andl'm glad that you took leadership on that, and then, this other item, clearly, your district has been bombarded with, you know, major construction that's happening. I can tell you, just going in any part of your district, it is something that's not being considered by the folks that are building and developing. It's almost as if, you know, people have to be inconvenienced in order for projects to happen. Unfortunately, I haven't gotten to that point because I don't have that much building going on in District 5 -- Commissioner Sarnoff You will, you will. Commissioner Spence -Jones: -- but hopefully, I will, but -- andl'm glad that you're putting this in place so that our residents are not affected by it. Vice Chairman Sanchez: All right. Anything else on that? Commissioner Sarnoff No, sir. Vice Chairman Sanchez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me real quick. In working with the Commissioner, I know that Stephanie Grindell, from Public Works, andl think that also Mariano have been in discussions, and it's something that we also discuss internally as to the fact that a lot of the major construction sites get a little bit out of control in the sense that they impact the road, they impact the sidewalks. Mariano is heading a small, let's say, task group within the Administration to basically look at what we have today in the Code, notnj, all these major construction sites of what the requirements are, and once we do that notice, I plan to enforce more tightly and more directly on all those construction sites that do not follow those requirements, like, for example, they may get a permit for a road closure on one lane. They use that one lane to stage, and then they use the other lane to park concrete trucks, so effectively, you block the road. That is unacceptable. We cannot allow that, but I do welcome the direction of Commissioner Sarnoff, and we have to work to improve our teeth in our ordinances, and then go out and enforce it. We have to recover the control of the right-of-way for the public. Commissioner Sarnoff And Mr. Manager -- Mr. Hernandez: Thank you, Commissioner. Commissioner Sarnoff -- this is especially prevalent on the Brickell neighborhood. This is especially -- Mr. Hernandez: Yes. Commissioner Sarnoff -- prevalent on the area just by the water, Emerald, I think, is the place. It's completed, and the folks in Emerald, I don't know how they get in and out of their building because there is so much sprawl all around them that there's no access, and there's no access to a sidewalk that they could possibly walk unless they're going to just do a leisurely stroll. Equally, this is present around Margaret Pace Park. If you just drive by Margaret Pace Park, I know there's three separate buildings going up there. Forgive me, I've never really concerned myself with naming the buildings, but if -- I was there just the other day, andl was embarrassed at how -- they're actually -- have construction workers in Margaret Pace Park. That's where they spend their time; that's where their trucks park. I mean, they haven't just morphed into the street; they've morphed into the park, and you know, forgive me, but if the City is going to be City ofMiami Page 38 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 under construction for another seven or ten years, let's keep it tidy. You know, let's keep their construction sites their construction sites, and let's not let their construction sites be our construction sites. It's not appropriate. It's a good time to discuss it. I think this is an ordinance that, properly enforced, will bring us the ability to continually change our city in a very nonpainful [sic], if that is such an expression, way because you'll never have a sidewalk closed. You'll always have an underground walkway that -- just like New York. New York is ever evolving, ever changing, but you'll never see a street closure or a sidewalk closed in New York unless it's imperative; there's no other way of getting around it. Vice Chairman Sanchez: A lot of these laws are already in the books. It's just a matter of enforcing. Mr. Hernandez: Well, we have to look at what we have and then tweak, mod, add to get to the point that we can regain control of that right-of-way totally. Vice Chairman Sanchez: But, Mr. Manager, I think the problem -- andl -- I'm one that tends to find solutions to the problem -- it's the enforcement. I mean, if you look at a lot of these construction sites, I mean, they need to be enforced. They know what the rules and regulations are, but it's -- since there is no enforcement, they tend to do what they want to do. Mr. Hernandez: Obviously, that's why I want to, in essence, start by providing them a notice of all the requirements -- Vice Chairman Sanchez: Exact -- Mr. Hernandez: -- what they are, and that we expect them to comply, and if they don't -- Vice Chairman Sanchez: And that's a good start. Mr. Hernandez: -- we'll start the violation process. Vice Chairman Sanchez: Every construction site should receive a notice from, maybe, your office saying what the rules and regulations are we will be enforcing, and you know, we'll go out there and enforce the law, and if they get fined they get fined because the problem is happening everywhere there is development. Everywhere there is development, if you -- we just -- the DDA (Downtown Development Authority) took a tour downtown, and we walked it downtown, and we saw all the construction site -- I mean, there are things they ought to be doing and they don't do, so it's all about enforcement. I mean, we could write more rules and more rules and more rules, but if you have no enforcement, you'll accomplish nothing. Mariano Loret de Mola (Director, Code Enforcement): Commissioner, let me mention because Mr. Manager just mentioned that we are putting together a group. You know, under the construction, there are different disciplines that have authority to -- Building Department, Public Works, maybe even the Police, Code Enforcement, and what we're doing is we're putting together a taskforce that will be sending a letter first to all of those sites. Then there's going to be a member of each one of those disciplines that will be in -- Commissioner Sarnoff Mariano -- Mr. Loret De Mola: -- that taskforce. Commissioner Sarnoff -- you know what I propose? I propose we have the Department of Homeland Enforcement. Mr. Loret De Mola: Homeland Enforce -- OK, so we will be visiting -- City ofMiami Page 39 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: All right. Mr. Loret De Mola: -- those places and enforcing the -- what we have at the present time, all right. Vice Chairman Sanchez: Do you thing, Mariano. Do your thing. Mr. Loret De Mola: All right. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00443 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION ON THE TRASH, GARBAGE, AND CODE ENFORCEMENT VIOLATIONS ORIGINATED IN AND AROUND THE HOME DEPOT STORE ON SOUTHWEST 8TH STREET. 07-00443 Cover Memo.pdf DISCUSSED Direction by Chairman Gonzalez to the City Manager for the City to be more aggressive in utilizing the Office of Code Enforcement and the Department of Solid Waste, as it relates to illegal dumping. Direction by Commissioner Sarnoff to the City Manager to implement a program to place additional code enforcement officers on the street to supplement the police, to prevent illegal dumping and reduce crime. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I -- last month, we discuss several complaints by residents regarding the -- some garbage and Code enforcement violation originated in and around the Home Depot store on Southwest 8th Street. This month, we have an update in our blue page, andl received yesterday, day before yesterday, a report from the Code Enforcement director to the City Manager regarding the directions that the Commission gave to see what was going on in the Home Depot store in Southwest 8th Street. According to this report, six visits by inspectors and two by supervisors were done to the Home Depot area in and around Southwest 8th Street and 30th Avenue; that's a total of eight visits. This was in a period of one month, I guess. Three -one -one report, March 12 through April 9, 2007, no complaints received during this time. One violation had been found and recorded for failure to maintain adjoining areas. The problem, according to Code Enforcement, was corrected and monitor in subsequent visits. The case was closed. Solid Waste Department, here's what I really don't understand. Also, no complaints were reported at our office or record in the telephone hotline. Now here's the part where you guys have to help me because I'm not that intelligent. The Solid Waste Department reported that they have not issue any citations to Home Depot or residents in the area, period. However, they have performed special pickups as resulted from illegal dumping in the area, period. Now another paragraph, Solid Waste and Code City ofMiami Page 40 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Enforcement have issue several solid waste violation at different locations around the area for the last three month. These violation have been identified as comingfrom neighbors in the area, none from Home Depot. Now here's the thing. If we go through the records of my office, most likely you will find complaints, and most of the -- that every time that someone that we don't know dumps illegal trash in front of a house, the law of probability says that the owner or the resident of that house will get a citation by $500, at minimum. Then when they shout and jump and kick and scream, they're told, you have to go to this magistrate and say that you didn't do it; that there was this block pickup or these people dumping the toilets illegal in front of your home, and you, most likely, will not be charged $500. You will charge -- will be charged maybe -- pay $200 on something like that. That is 95 percent of the cases, so here's what I don't understand. The Solid Waste Department have not issue any citations to Home Depot or residents in the area. However, they have performed special pickups as resulted from illegal dumping in the area, so what we done, we have pick up the illegal dumping in and around Home Depot, and we didn't bother to issue any citation. However, in the other paragraph says, Solid Waste and Code Enforcement have issue several solid waste violation at different locations around the area for the last three month. These violation have been identified as comingfrom neighbors in the area, none from Home Depot, so the question is, where did that illegal dumping in and around Home Depot came from? Why the adjoining residents or Home Depot were not cited? I'm sort of glad with this because, you know, now we know that, if you dump something in and around -- Chairman Gonzalez: If you -- Commissioner Regalado: -- Home Depot, it will be pick up freely and no one will get a citation. Chairman Gonzalez: -- allow me. Commissioner Spence -Jones: Wow. Chairman Gonzalez: I don't have any Home Depots in my district, but I do have a lot of illegal dumping in my district, and remember that we don't only consider illegal dumping anybody comingfrom out City limits and dumping trash in the City. We -- I believe -- and correct me if I'm wrong -- that we consider illegal dumping if we put out trash any day that is not the right day to put out trash, and have express my concern here a couple of times, or maybe more than a couple of times, andl have said that we need to be more proactive with inspectors out there because, Tomas, you should see -- I have a guy right now he's working on pictures, and it is every single day he comes back to the office with 20, 25, 30 locations where people are dumping trash in front of the house any day but the day that they have to do it, so it's a matter of education; it's a matter of Code enforcement. I know that Solid Waste is limited in the amount of inspectors that they have, but I don't know if Code Enforcement could assist, Mr. Manager, but we need to be more aggressive. I mean, we're going to need to have a taskforce -- Commissioner Regalado: But I agree, Mr. Chairman, I agree. My -- what I don't understand -- see, we have a case, 22nd Terrace, 36Avenue, that's the back street of Coral Way, construction in Coral Way and 36. Somehow, somebody dump construction materials in front of these two elderly residents, and they were cited $500, and they went to trial, and they reduced the fine to $250, so you tell me, if these people didn't do construction and there is a construction right across in Coral Way, and there's some debris in front of a duplex, who do you cite? Well, you cite -- I mean, the immediate neighbor? Well, I mean, friendly fire. You just got killed by friendly fire, but what I'm reading here is that we pick up every illegal dumping in and around Home Depot, but we don't cite anybody, so what's wrong with this picture? Mariano Loret de Mola (Director, Code Enforcement): Can I explain this, Commissioner? OK. Commissioner Regalado: Please try. City ofMiami Page 41 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Loret De Mola: OK. When we find an illegal dumping -- and you got the list over there of the places that we cited and the violations and the addresses. There is a list of those violations over there by Code violation, by address, and by the date that we cited and we gave them $500 ticket. OK. What happen is we go over there -- and let me explain this one very clearly. We don't cite a person unless we find a proof that they did it. We go inside of the trash. We look until we find something that belongs to that person. That's when we cite it. Otherwise, the special master will throw the case out, and there will be no case, so when we find it and we cite it, we don't -- then we call Solid Waste for special pickup, and we charge a hundred dollars to go to do that special pickup, OK, and we charge administrative charges for that too -- Commissioner Regalado: Mariano, I understand that -- Mr. Loret De Mola: -- and they go and pick it up. Commissioner Regalado: -- and let me tell you what happened on 36 and 22ndAvenue. The resident had a recycling box with some magazines. The construction workers took the magazines to read and sat on the debris. When they read the magazine, they threw it away, and the inspector -- Mr. Loret De Mola: That's why we got the -- Commissioner Regalado: -- came -- Mr. Loret De Mola: -- special master so they can explain the case. Commissioner Regalado: -- friendly fire. Friendly fire, but this is -- we're off the point completely, let me tell you. There is this address, illegal dumping, 2272 Southwest 8th Street, that's seven blocks from Home Depot; 3544 Southwest 11 Street, that's like -- Mr. Loret De Mola: Two -- Commissioner Regalado: -- ten blocks -- Mr. Loret De Mola: -- ten blocks -- Commissioner Regalado: -- from Home Depot -- Mr. Loret De Mola: -- five block. Commissioner Regalado: -- 3470 Southwest 9th Street, that's five blocks from Home Depot. That is fine. I understand that. My only question is, if we -- I would like to know if we don't find anything, if we still don't cite the people because we do, andl can -- Mr. Loret De Mola: Sorry? Commissioner Regalado: -- prove to you -- Mr. Loret De Mola: The question -- what was the question? I'm sorry, I didn't catch it. Commissioner Regalado: No. The question is, if we don't find any evidence that someone -- Mr. Loret De Mola: We don't cite, and we call for a special pickup. Commissioner Regalado: OK. City ofMiami Page 42 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Commissioner Regalado, I see the young lady from Solid Waste. I do want to have her, at least, expound on -- because what you're talking about is very interesting. I mean -- Commissioner Regalado: No, no, no, no, no, no, no, no. This whole issue is not about how Solid Waste works or how Code Enforcement (UNINTELLIGIBLE). The whole issue here -- I'm trying to make me understand -- is a double standard. We -- what you're saying here -- and I'm going from what -- Mr. Loret De Mola: Sure. Commissioner Regalado: -- you're saying -- we pick up anything and everything around Home Depot; did not issue any citations, so the law of probability says that we should had found some plastic bag that says Sedano's or Home Depot -- Mr. Loret De Mola: If we find it, we cite not only one -- if we find three addresses on that pile, we cite three different people, so it's no problem with that. If we find three addresses on that pile, we go to the three different people and cite them for $500, each one of them. Commissioner Spence -Jones: But Ms. -- Commissioner Regalado: The only thing that I don't understand, and you know, I don't want to take the time -- Mr. Loret De Mola: Commissioner, this -- Commissioner Regalado: -- of -- Mr. Loret De Mola: Let me -- no, I'm sorry, but let me explain it because you need to know. This is for three months. The address -- in our -- in a resolution, you instructed us to check not only Home Depot; the surrounding areas. These are the surrounding areas what tell for the last three months because I thought -- Commissioner Regalado: I agree. Mr. Loret De Mola: -- you need that information -- Commissioner Regalado: No, no. Mr. Loret De Mola: -- or you wanted that -- Commissioner Regalado: I agree. Mr. Loret De Mola: -- information. Commissioner Regalado: It's here, it's here -- Mr. Loret De Mola: Now -- Commissioner Regalado: -- but although the surrounding area is seven blocks away. These are where the citations are, seven blocks away, five blocks away. Mr. Loret De Mola: We got two spots, and maybe you can corroborate this one, that are right -- they are right behind -- City ofMiami Page 43 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: But le me say this. It is your opinion that the conclusion of this report is there a noticeable improvement of the conditions in the area. That is the conclusion of the report. Mr. Loret De Mola: That's correct. Not only in Home Depot, but in the surrounding areas. We got two spots right behind Home Depot that were normally being places in which they dump, illegal dumping, and lately, we have not found anything, and you got the picture of those two places over there that we had taken it, and those places were continuously problem for us, so there has been an improvement in the area. Commissioner Regalado: And why do you think is that? Mr. Loret De Mola: Because they dump over there, and we have found dump -- Commissioner Regalado: No, no. Why do you think that the situation has gotten so much better? Mr. Loret De Mola: Because they pick that area as a dumping site for the whole neighborhood, Commissioner. Commissioner Regalado: No. Mr. Loret De Mola: We got fences over there, thrown over there. Commissioner Regalado: That's not my question. Mariano, Mariano. Mr. Loret De Mola: We got a lot of things. Commissioner Regalado: Why do you think that it has gotten better? Mr. Loret De Mola: Because of the activity, because we been checking all over the place, and we are more active around that area, and I'm the first one who tells you because we've been going over and over and over there, and we are more active in that area. Commissioner Regalado: And who's noticing that? Barbara Pruitt: My name is Barbara Pruitt, assistant director, Department of Solid Waste. I just want to add that we've been working very closely with Code Enforcement because we know that this area is a hot spot, and we've been aggressively putting inspectors over there, doing night surveillance, as well as daily surveillance, and that is one of the reasons the area is improved. We have actively been visible in the area. Commissioner Regalado: You have night inspections? Ms. Pruitt: We have night surveillance, yes. Commissioner Regalado: And day inspections? Ms. Pruitt: And daily inspections. Commissioner Regalado: But you have not seen anybody drop the illegal trash? Ms. Pruitt: No, we have not. Commissioner Regalado: So at what time they do it? City ofMiami Page 44 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Pruitt: They're there between -- well, the night surveillance has been in the evenings -- Commissioner Regalado: Huh? Ms. Pruitt: -- from like 10 o'clock to about 5 o'clock a.m., and we've been -- and that's one of the reasons it has improved because the illegal dumping usually takes place at night. Now that they know that we're out there, they -- it's been deterred. Chairman Gonzalez: Yeah. Commissioner Regalado: So I still don't understand. Ms. Pruitt: OK. Commissioner Regalado: So they do it at 9 p.m., before you get there? Ms. Pruitt: No. What I'm saying is, because we have inspectors out at night doing night surveillance, the illegal dumpers have discontinued dumping -- Commissioner Regalado: But you just said that you pick up a lot of illegal dumping. Ms. Pruitt: We pick up a lot of illegal dumping. It has improved because we have put night surveillance inspectors out there. Commissioner Regalado: Oh, you're driving me crazy. I mean -- Ms. Pruitt: OK. Commissioner Regalado: -- you know, this is the thing. What I'm trying to -- my point here is the following: If we apply a rule, we need to apply a rule to everyone. Ms. Pruitt: And that's what we're doing. Commissioner Regalado: If we do not find -- well, how about this? IfI bring you people that have been cited because the inspector believe that they have dump those illegal trash in front of their homes, would the Manager publicly eliminate the citation here in public before the cameras? Mr. Loret De Mola: Let me ask this one, and let me explain it again. When we issue citation, it is because we got pictures and we have proof that somebody had -- Commissioner Regalado: Mariano -- Mr. Loret De Mola: -- dump it over there -- Commissioner Regalado: -- Mariano, you're doing -- Mr. Loret De Mola: -- so -- Commissioner Regalado: -- a great job -- Mr. Loret De Mola: -- that's the legal process that we use. Commissioner Regalado: -- and Solid Waste is, but I would tell you that there are cases where City ofMiami Page 45 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 no evidence have been found and a person has been cited. I can give you the name, the address, and the person, and this is why I'm going -- trying to understand this. Look -- Mr. Loret De Mola: Commissioner, if they have -- Commissioner Regalado: Mariano, you know me. Mr. Loret De Mola: Yeah, I understand. Commissioner Regalado: You know me that I'm doing my homework. I know what I'm talking about, OK? You know me -- Mr. Loret De Mola: I'm doing mine, too, Commissioner. Commissioner Regalado: -- so don't tell me that you have found because, somehow, those three cases fell through the cracks. There wasn't any evidence at all, and the people were cited, so what I'm saying is, we have to do -- if they -- if the illegal trash was in front of Home Depot, cite Home Depot. How about if you find one -- Mr. Loret De Mola: They -- Commissioner Regalado: -- of those plastic bag that say Home Depot. Mr. Loret De Mola: There are instances -- andl will tell you, because of the fine is reduced, that doesn't mean they are not guilty. That means that the special master have extenuating circumstances in which he did consider, like you mentioned, two old people, that they were by themselves [sic], and whatever. That -- those are the cases, but that doesn't mean that they did not do the illegal dumping. Commissioner Regalado: OK. What can I say? I cannot fight City Hall. Pedro G. Hernandez (City Manager): Commissioner, the concern, ifI may, to maybe close this, if we can. I think there was a concern as to whether we're giving Home Depot preferential treatment. Commissioner Regalado: Yes. That is my exactly [sic] concern. Mr. Hernandez: And staff not better be doing that, and I think that we can get to the bottom line, and if it's Home Depot, we cite Home Depot; if it's not, then we don't, but if we -- that's very clear to staff -- Commissioner Regalado: That's alll'm asking. Mr. Hernandez: -- and we also have the environmental unit from Police Department that is taking a look at the -- Chairman Gonzalez: Guess what? Mr. Hernandez: -- area, and -- Commissioner Regalado: Huh? Chairman Gonzalez: You could have been more direct and ask the question, you know. Commissioner Regalado: That's alll'm asking. City ofMiami Page 46 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: You were going in circles, you know. You didn't want to -- Commissioner Regalado: No, no, no, no, because I want them to explain to me what I consider to be a double standard because I do have cases where no evidence have found. Commissioner Spence -Jones: I just -- only thing want to add onto Commissioner Regalado, this night surveillance, you know, it's great that we've seen a drop off behind Home Depot, you know, but clearly, I know, at least, in Allapattah, and in our district, we've got a serious -- Little Haiti, Liberty City, Allapattah -- we have a ser -- we'd like to see some of that night surveillance stuff happening in our district too -- Ms. Pruitt: We're coming -- Commissioner Spence -Jones: -- behind -- not just behind Home Depots. We don't have Home Depot, but -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- I mean, but we want to see that same level of interest, and you know, not just because it's being brought up as an issue, you know, and -- on one particular item Ms. Pruitt: Right. Commissioner Spence -Jones: -- but it should -- that's the kind of attention that we need throughout the whole city, period, in those areas, especially if we have -- truly have hot spots, so on the commercial -- you know, I don't want to go on with it 'cause -- I'm going to let you close out on your item because I know that we have to be back, right, at 2: 30, right, Mr. Chairman? Chairman Gonzalez: Yeah, yeah. Commissioner Regalado: I already close it -- Chairman Gonzalez: And let me -- Commissioner Regalado: -- but I'll be back next month. Chairman Gonzalez: -- tell you a conclusion to this item; that we definitely need -- Mr. Manager, we definitely need to be more aggressive. We're going to need to incorporate Code Enforcement with Solid Waste because they're limited -- Ms. Pruitt: Right. Chairman Gonzalez: -- on inspectors, but let me tell you how bad it is, and I'm just going to tell you this, and then we're going to move to the next item on Commissioner Regalado. Last week -- two weeks ago, one person from my staff driving a City car, with a seal that said "City of Miami, " caught a guy dumping construction materials on daylight, 11 o'clock in the morning, and he told the guy, "What are you doing?" He says, "It's none of your business," and the guy told him, "Yeah, it is my business. I work for the City. You're dumping illegal construction material in my city, and I'll tell you what, either you pick it up, or I'm going to call the police, and the guy told him, "You can call whoever you want and get off my face." My staff called my office. He was directed to take pictures of the guy dumping, pictures of the truck, the log of the truck, everything, all the evidence, and we end up calling the Police Department, and the Police Department is taking care of it, but that's how bad it is. I mean, people, you know, they tell you, City ofMiami Page 47 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 you know. It's none of your business. Get off my face. You know, they feel entitled to come to our city and dump in our city whatever they want to dump, instead of going to a dump site and pay $75 or $100, or whatever. It's free -- its' cheaper to pay to dump in the City, you know, and that is all over the City ofMiami, and in Allapattah. I mean, it's out of control. It's totally out of control. If you want, go to my office. Frank, provide the lady and provide Mariano the hundreds and hundreds of pictures and addresses that we have where we have continuously have illegal dumping, and they are documented. They're documented with pictures, the date, the hour, the address, you know. If you want -- Mr. Manager, if we need to get the date of birth of the person, the social security, and everything else, we'll try to do that too to give you a more complete file, butt mean, we have to do something. Mr. Hernandez: Mr. Chairman, I think that, obviously, we have to be more aggressive, and we have to arrest more people -- Chairman Gonzalez: Yeah, exactly. Mr. Hernandez: -- and have it on the media so people know that it's not acceptable, period -- Chairman Gonzalez: Exactly, andl mention it -- Mr. Hernandez: -- and we'll put them in jail. Chairman Gonzalez: -- when Commissioner Sarnoff was trying to introduce his three ordinance increasing the fines; that was the first time thatl mention it. I mean, if we need to increment the fines, well, let's do it, but we need -- you know, we need to preserve our city clean. I mean, it's against the quality of life. It's against the image of the City. I mean, you know, we're doing -- I don't know how much we're doing to try to preserve the City, or to make it look good, and we have these unconscious [sic] people that are doing the opposite. You know, we have the best pickup service and the best Solid Waste Department of any other city. Ms. Pruitt: Thank you. Chairman Gonzalez: OK, two pickups a week for Solid Waste, and one pickup for trash every single week -- Ms. Pruitt: Right. Chairman Gonzalez: -- and every week, we have tons and tons and tons of garbage out there on the day that doesn't correspond. I mean, we need to take -- we need -- you know, we need to take the bull by the horns and start handling the sivation. Commissioner Sarnoff Mr. Chairman, may I? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Mr. Manager, you andl had met probably back in February, and we had agreed to implement more Code Enforcement officers, andl just haven't seen any foot soldiers on the street, and the one thing we both know, Code Enforcement, you could either call it a moneymaker or a neutral department. As many Code Enforcement officers as you hire will either have a zero effect on our budget because they'll pay for themselves in terms of the fines, or they'll make us money, even with the mitigation, andl think it's time we implement the program that you andl talked about, putting Code Enforcement officers on the street in the kiosks, if you will, for Coconut Grove. We talked about doing it for the other parts of the City. It will supplement the police force, which you now have the ability to increase its staff and size because you're now a very competitive, if not the most competitive department in the state of Florida, but City ofMiami Page 48 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 that's not going to happen tomorrow. That's probably going to be a three- or two-year ramping up process, but it's just time to get the soldiers out on the street. We talked about having Code Enforcement dialed into Channel 9 [sic] so that when they see a crime being committed, that they would immediately call a police officer; that's that great concept of eyes and ears on the street, but just as important -- and we talked about this once before, andl'm sorry I have to bring it up again -- we talked about zero tolerance, you know, not allowing our city to look like a trash dump, and know you've spoken to the police, andl know there's the broken window concept, which is, the dirtier our city looks, the higher the crime correlation you can put to that, andl think there's a lot of truth to that, but I think it's time to take it off the drawing board, to put some brass tacks to it, and get the people out there on the street. Mr. Hernandez: Commissioner, I totally -- Commissioner Sarnoff Totally agree. Mr. Hernandez: -- agree with you, on the same page. There is something that has been going on recently; we've done it twice. I have the departments working with Police. We've done two neighborhoods already. We're getting into the communities, and -- on the quality of life issues, and we have the Public Works Department and Solid Waste and NET (Neighborhood Enhancement Team) and Code Enforcement, andl even take people from other departments so they can see what the need is out on the street, and we do spring cleanings with the support of Police, andl think it's a tremendous impact on the community. When I talk to employees -- and I'm like two-thirds of the way through every City employee in the County in talking to them -- I tell them that the most important thing to me is to have a clean city. Cleanliness relates to crime, to reduction in crime, and we have to work on the three elements. The three elements are service, education, and enforcement. Our service is very good. We're doing our job on the education, and we'll do more, and then we have to enforce the hell out of it to get it done, and we'll do more and more of that, andl'm going to press to get the City clean. Commissioner Sarnoff Mr. Manager, I hear what you're saying, andl think we need to declare a war on clean streets, andl understand these big sweep efforts, but you need to leave sentinels behind, and those sentinels are the ones that you andl discussed. Those are the day in, day out, I wouldn't want this job no matter how much you could pay me because I wouldn't want to be in the glass house that discussed with you where we leave a person -- Mr. Hernandez: Right. Commissioner Sarnoff -- so he has a clear sight of everything he needs to see, but he's out there doing two things. He's Code enforcing, and he's always watching, hopefully, in high densely populated areas -- because I agree this can't go on around the city, you know, that's not densely populated -- but that they're out there and they're looking for crime as well. I mean, it is -- the -- New York City, they used to call the cab drivers the supplemental eyes and ears of the cops, and I'm sure the Chief could tell me it's a better program than that; it's called something different. I'm not suggesting we have enough cab drivers for that, but you andl have talked about putting these Code Enforcement officers on the street and leaving them there, and leaving them there to the day, to the nighttime hours, and supplementing what the police officers could do, but just as importantly, the only way you're ever going to get to zero tolerance is by having a sentinel out there. It's the only way it's going to happen because Miami's like -- is like a great big blob of jelly; if you push it, it all falls behind, right behind the pushing. You know, as soon as you clean out that area, it all morphs right behind it, so you have to leave people behind to make sure once you put that big effort, that strong effort out there of cleaning up, that that person's out there to make sure that it doesn't just morph right behind them. Chairman Gonzalez: All right. We'll be back -- City ofMiami Page 49 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Hernandez: We'll continue to follow up -- Chairman Gonzalez: -- with the -- Mr. Hernandez: -- Commissioner. I'll work with you. Chairman Gonzalez: -- issue next month, like Commissioner Regalado says. You look through the agenda, months after months, you don't see anything on my blue pages. I think that is going to be my first item for my blue pages every single month until we have some -- Commissioner Spence -Jones: Resolutions. Chairman Gonzalez: -- solution. D4.2 07-00444 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION ON THE CITY OF MIAMI'S LOBBYING AGENDA DURING THE STATE OF FLORIDA'S LEGISLATIVE SESSION AND THE LOBBYING EFFORTS AS IT PERTAINS TO THE PROPERTY TAX DEBATE. 07-00444 Cover Memo.pdf 07-00444 Submittal Memo.pdf DISCUSSED Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I'll be -- Chairman Gonzalez: D4.2. Commissioner Regalado: -- quick. D4.2 is an update regarding the City ofMiami lobbying agenda. The reason I'm asking this is because I don't know. We were told that we will be getting what is the lobbying agenda of the City now as the regular session is underway. It's almost finished, and really don't know what is the agenda, other than we're lobbying for any change in the property taxes proposals that are running with the Governor. The reason I brought this is because, number one, I have to thank the Office of the City Attorney that has done an extraordinary work regarding the community residential home, or what they call adult living facilities. I don't know if you know -- and most people in our district know that some of these ALF (Adult Living Facility) have been turned into halfway houses. We have 126 adult living facilities in the City ofMiami; 62 of them in the Shenandoah area, the Shenandoah/Silver Bluff area. It is the highest concentration of adult living facilities in all Miami -Dade County, for that matter, in the tri-county area, in the Shenandoah area, 62 adult living facilities. We have been sue. We have been in litigation, and the fact of the matter is we had fires set by patients, and the fact of the matter is that we were trying to do something for the residents, and J. C. Planas agreed -- the state representative -- to bring a bill whereby the houses where the court -- the criminal justice system sends patients should have security 24 hours a day, as a public health and safety measure, and he has agreed to bring this bill. These -- this bill has a lot of support because other areas of the state of Florida do have this same problem. The court system has now changed their vision in terms of reform, and they have directing most of the offenders, not sexual predator, but other kind of offenders to residential areas, and they pay very well. They pay very good money to the owners of these resident [sic], so this bill would have resolved this problem because, you know, it is -- it's a safeguard to have a security guard, and to have a security guard won't make or break the owners of these houses. They have -- like, for instance, in 14th Terrace, in District 4, near 22ndAvenue, Pioneer House has 311 patients; La Covadonga has 62 patients, all grandfather, and so what's for them to put security guard, so the City Attorney -- Victoria Mendez, Assistant City Attorney, she even went to Tallahassee. She City ofMiami Page 50 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 took the bill to Mr. Ignacio Ortiz -Petit, who is the lobbying team person in Tallahassee. According to the report, he said that, you know, wasn't part of the City agenda, so my question is is this now a part of the City agenda, or are we so focused in trying to defeat the will of the people in terms of reducing property taxes that we are forgotten the quality of life of the people? If that is the case, it's fine. I would ask our State Legislature personally and direct the -- as a resident, as a -- and as a voter because I think it's a good thing, so I don't know if this is part of the City agenda, or if the lobbying team -- the last heard, the lobbying team have not been inform that the City was interested in this bill that J. C. Planas wanted to file. I don't even know if he has file it yet. Pedro G. Hernandez (City Manager): Commissioner, ifI may. Number one, the proposal is great. It's something that I believe that we all agree with. Number two, it is part of the City's legislative package, and it has been, and number three, the bill itself was introduced in the Senate by Senator Gwen Margolis, and that one has to go through four committees, and it hasn't moved even into the first one, so obviously, something that, in the Senate, they -- doesn't have a lot of traction. Commissioner Regalado: No. Mr. Manager, if you -- Mr. Hernandez: On -- Commissioner Regalado: -- allow me. The issue here is it is not if the bill is going to pass. The issue here is that this item was not part, I repeat -- it may be part now, but was not part of the legislative lobbying -- because the lobbying team didn't know about it, and if we have a lobbying team that doesn't know what the City want, then we are in trouble. Mr. Hernandez: My understanding is that it is part of the package, and it's been there for the last 45 days before the session began. The issue with the J. C. Planas amendment is that, yes, J. C. Planas was willing to tack it onto another bill. That other bill doesn't have any fraction either, so I think that Mr. Ortiz made a judgmental decision, which I think is within his purview, as to how to handle whether to tack it onto a bill that may not be moving, or to maybe hold back and see if there was another bill that had more fraction that we could place it on to try to be more successful. I think that everything that we're doing is with the best intentions of getting this passed. Commissioner Regalado: OK. That's the nice version, but the other version was that he was not very -- Mr. Hernandez: Well, I know the attorney was trying to do her best, but in essence, I think that she's not the person that is most familiar with how things work in Tallahassee, where Mr. Ortiz has more experience in working with the other individuals there to find the best vehicle to move it forward. Commissioner Regalado: Oh, absolutely, and I agree that, but don't you think -- let me just ask this dumb question -- that maybe he should have ask us, as resident, as the area Commissioner, as the residents association, that we could have then put pressure on our senator and our state representative? Isn't that something that would help if a state representative gets 70 e-mails (electronic mail)? Is it not good that, you know, residents who are the voters, not Mr. Ortiz, will be very interested in that matter? That's the point that I'm trying to make. The point is the total disconnect and the total disdain that our lobbying team have for the elected officials that understand the area, and that's my point. Mr. Hernandez: Commissioner, I know I have -- andl hope that you know that do have a little respect for you, andl -- City ofMiami Page 51 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: You do, but he doesn't. Mr. Hernandez: -- hear what you said -- Commissioner Regalado: No, no, no, no. You do, but he doesn't, and let me tell you. I will be watching the results because the best way to get things done in the Legislature is by mobilizing the people, and who can mobilize the people? These people here, and if you don't understand that, you shouldn't be there because, you know, State Legislature may respond to lobbyists, but State Legislature are afraid of the voters. They go to election every two years, and that's heavy, heavy, very heavy. I'm just saying -- the other thing is that we should have a spot of our legislative agenda, something that I don't know if it's there, but it's about the scan machines, the voting. We have a situation here. Fifteen counties in the state of Florida have DRE (Direct -Recording Electronic) touch screens machines. The Governor is filing a bill with the Legislature, which is going through very well, and the Governor is asking to change the voting system in these 15 counties that currently using DRE touch screens machine. His proposal would require those counties to switch to precinct -counted optical scans, which is fine because this is what we want. We want a paper frail. Everybody wants that; you know, thank you, Governor, but there is a problem. These optical scan that he is proposing, they have a screen. When you vote, you get, if you wish, a ballot in English, Spanish, or Creole. When you make your vote on this optical scan, you go and put your ballot on the optical scan to see if you're over vote, under vote, you know, the pregnant chad and the hanging chad, and all that. However, these optical screens that the Governor is proposing only respond to English, so people that vote in Spanish and Creole will be disenfranchised. If you under vote or over vote, you'll be -- you don't know because the machine will not understand what you did, so the only thing that needs to be done is that the Governor should ask that the vendors will have all languages required by federal, state, or local law in the voting machine. The reason I'm doing this is because, you know, we have 163,000 voters in the City ofMiami; 61 percent are Spanish. We're talking of dozens of thousands in Creole, according to the Elections Department, you know. We have a majority of non-English ballots in the City ofMiami, so it is something that the City should address. I don't know if it's in the agenda or not. Mr. Hernandez: Commissioner, that I don't know, but we'll pursue that to try to protect the interest of the City. Commissioner Regalado: OK. Chairman Gonzalez: All right. Mr. Hernandez: Thank you. D4.3 07-00451 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,000, FOR THE SEVENTH INTERNATIONAL MASONIC GATHERING, BEING HELD IN THE CITY OF MIAMI, FROM MAY 24, 2007 THROUGH MAY 29, 2007; ALLOCATING FUNDS, IN THE AMOUNT OF $1,000, FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE 00001.980000.548000, AND THE AMOUNT OF $2,000, FROM THE DISTRICT 1 SPECIAL EVENTS ACCOUNT CODE 001000.921054.6.289. 07-00451 Cover Memo.pdf City ofMiami Page 52 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0206 Chairman Gonzalez: D4.3. Commissioner Regalado: D4.3, Mr. Chairman, it's quick one. The seventh international masonic gathering will be held May 24 through May 29 in the City ofMiami, by the way, in your district, in Little Havana. Is the -- we have -- or they have like 70 visitors from Central America will be staying in hotels in the City ofMiami. It's an event that all the different events will be held within the City limits, so I am proposing to authorize the allocation of $1, 000 from the District 4 special events -- Commissioner Spence -Jones: So moved. Commissioner Regalado: -- nondepartmental account. Commissioner Spence -Jones: Second. Commissioner Sarnoff Second. Chairman Gonzalez: All right. I wonder ifI can make an amendment to include $2, 000 from my office budget to that event? Jorge L. Fernandez (City Attorney): Yes. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right, so we have a -- You accept the amendment? Commissioner Spence -Jones: Accept the amendment. Chairman Gonzalez: All right. We have a motion, and we have a second, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. We're going to take a break. It's 12:51. We need to be back by 2: 30 because we have a shade meeting announced. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00458 DISCUSSION ITEM DISCUSSION REGARDING THE NEIGHBORHOOD COMPREHENSIVE PLAN. 07-00458 Cover Email.pdf DISCUSSED Direction by Commissioner Spence -Jones to the City Manager to ensure that Miami Neighborhoods United (MNU) is involved in the planning process to secure input from residents City ofMiami Page 53 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 of the neighborhoods as it relates to the neighborhood comprehensive plan. Direction by Commissioner Spence -Jones to the City Manager to bring back this item at the next Commission meeting, or the following meeting. Commissioner Spence -Jones: Mr. Chairman, I know we want to -- we're going to get out of here, but I just want to ask MNU (Miami Neighborhoods United), I mean -- I know that you've been waiting all morning. You have a -- Mr. Hadley, are you able to come back after --? You're not, so I just want to -- can I just put something on the record, and then we'll just re -- I'll -- the rest of my items are quick, so I can deal with those when I get back, but do want to be respectful of the organization that has been waiting. Commissioner Sarnoff They're -- you're here for -- I'm sorry, Mr. Chairman -- Chairman Gonzalez: It's all right. Commissioner Sarnoff -- but you're here -- Commissioner Spence -Jones: Comprehensive Plan, the Neighborhood Comprehensive Plan. Commissioner Sarnoff Is that why they're here? Commissioner Spence -Jones: Yeah, and it's just to -- basically, only thingl really wanted to do is kind of put something on the record. After, you know, being in office for the last year and a half, I've been working closely with Hadley and his group from MNU to try to resolve and to really look at the Neighborhood Comprehensive Plan. I'm sure you know, we always hear, every time we turn around, we're always amending the comp plan, amending the comp plan, and never really getting a solid answer from Administration as to, you know, whether or not there's a working relationship or some sort of work group that's put in place to totally look at the Neighborhood Comprehensive Plan, and if there are things that need to be changed, we need to, you know, sit down and work with organizations like MNU, which these are the folks that represent neighborhood folks, to make sure that they're included in that process. Now, Hadley, I understand, along with Nina and the rest of -- we've had the opportunity to meet on it, and they have done extensive work on these -- this issue. Much of it, I agree with some of those changes that they have, so I know that you have met with MNU -- correct, Hadley? -- but they have not -- there's been no real follow-through from these meetings, so my question for you, Mr. Manager, and then I'm going to close out because I do know that we have to leave -- is what -- I understand that we actually revised the comp plan, right Ana, every two years, every three years? Ana Gelabert - Sanchez (Director, Planning): We are required by the State of Florida to review it every seven years. What came to you during December that was approved was the EAR (Evaluation Appraisal Report) based amendments. What's about to start again the process is the amendments to the actual Comprehensive Plan, and the MNU, and the rest of the community will be participating, as we did in the EAR based. What we have done is we've asked -- and that's, perhaps, why they're perceiving a delay or that the meetings have not happened -- and been granted by DCA (Department of Community Affairs) a year extension because we explained to them that where we're in the process of the Miami 21, and there's a serious -- and they had agreed to give us an extension for -- I believe, it's August of 208 [sic] -- Commissioner Spence -Jones: OK. Ms. Gelabert - Sanchez: -- so the -- what we're planning is to be able to start going out -- first, we have to come to you Commissioners, and then out to the community, so the meetings will start, and definitely, we will make sure that Miami Neighborhoods United will be part of this. City ofMiami Page 54 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: I would definitely would like to direct the City Manager and staff - - well, no, excuse me -- the City Manager to work with staff to make sure thatMNU is intricately involved in helping us organize. They represent not just, you know, my district, but all the districts and the neighborhood associations in the area, so I would like to have them be a part of that planning process to, perhaps, create engaging sessions so that neighborhood residents have the opportunity to have their input in this process, so that's what I'd like to direct to make sure that that happens, and Hadley, I don't know if you -- I know you're the past president -- and Grace -- andl don't want to disrespect Grace, butt know that you've been working on this issue from day one. Would you -- do -- is that sufficient enough for --? I'm directing the City Manager, and I don't -- I'm assuming that I have support -- Commissioner Sarnoff You do. Commissioner Spence -Jones: -- on this issue -- Commissioner Sarnoff You do from District 2. Commissioner Spence -Jones: -- to make sure that they're -- they are involved in these neighborhood sessions that would take place so that we can make sure, you know, the public or our residents have their input on the comp plan because it is -- it's a constant -- every time we turn around, we're changing it. I don't know if you have a comment at all that you would like to make. Pedro G. Hernandez (City Manager): Commissioner, ifI may. We heard, you now, Ana's report as to where we are today. I'm going to direct staff and make sure that we have their inclusion, MNU's inclusion as part of the process that we have to go through in the planning process. Commissioner Spence -Jones: Thank you. Mr. Hadley, would you like to say anything, or you're fine with that? Hadley Williams: Hadley Williams, 2441 Trapp Avenue, Miami. We appreciate very much your direction to the City Manager, and we look forward to working with the City Manager and the Planning Department. There are a couple of things, though, that may be are a earlier priority. We recommended that Goody Clancy's contract concerning the parks master plan be modified or amended to request Goody Clancy's participation in incorporating their master plan into the Comprehensive Plan. We believe it is not sufficient to have a reference to the parks plan. We believe that a lot of their recommendations should be part of the Comprehensive Plan itself and we would recommend to extend their contract to do that. They have expressed a willingness to entertain that, and in general, we have been requesting a total rewrite of the Comprehensive Plan because the intent of the Florida legislation is to have a strategic and operating plan, so it should include objectives at the department operating level and higher in the Comprehensive Plan that can be modified from time to time. It really should be the operating plan of the City, andl know, Commissioner Spence -Jones, that you did a lot of work in various neighborhoods in your communities, and you have developed goals and objectives, and those goals and objectives should become part of the Comprehensive Plan -- Commissioner Spence -Jones: Yes, sir. Mr. Williams: -- so this is a significant effort that we think consultants should be hired, together with the PAB (Planning Advisory Board) and the neighborhood organizations, to work on this and have it online and available to all the public. Commissioner Spence -Jones: Thank you, Mr. Hadley, and I'd like the City Manager, if we can, at the -- at least, if not the next meeting, the following meeting, to come back -- to, at least, bring City ofMiami Page 55 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 back to me the next step so that we can begin putting that process in place. Mr. Hernandez: Be happy to do so -- Commissioner Spence -Jones: No problem. Mr. Hernandez: -- and the recommendations that Mr. Williams mentioned reference the Goody Clancy plan, yes, we do agree that we have to include those recommendations. Mr. Williams: Excellent. Thankyou very much. Commissioner Sarnoff I'm sorry. Commissioner Spence -Jones: Thankyou. Commissioner Sarnoff Mr. Manager, does that mean -- Commissioner Spence -Jones: Sure. Commissioner Sarnoff -- that they're going to be incorporated into the master plan, the Neighborhood -- Mr. Hernandez: Yes, sir. Commissioner Sarnoff -- Comp Plan? Mr. Hernandez: Yes. Commissioner Sarnoff OK. Jorge L. Fernandez (City Attorney): Well, again -- Commissioner Sarnoff Then there's the City Attorney saying -- Mr. Hernandez: -- I am hearing all kinds of good policy arguments, and I never get myself involved in your policy decisions. Anything that has legal consequence or ramification, it's incumbent upon me to pipe in. What the gentleman has said goes without saying, and Commissioner Spence -Jones, the City has always gotten everyone involve. If there is need for enhanced involvement -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- if there is need to reach out to get more people, that's wonderful, and that all goes to policy, but there is no land use decision that comes to you that does not get thoroughly scrutinized under the Comprehensive Plan. That is, for lack of a better comparison, the Bible at the City ofMiami. Commissioner Spence -Jones: OK Mr. Fernandez: Every decision that's made -- and we have goals, and we have objectives, and it's taken into account at every single turn in every decision that gets made. Perhaps not enough references are made to it so that it hasn't become part of our daily vocabulary. We should strive to do that, perhaps, from a policy directive, but we would look at the master plan that Parks is putting together, and I'm sure that there is, within our Comprehensive Plan, elements that would logically be amended to reflect many of those recommendations, and that would be the City ofMiami Page 56 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 appropriate way of incorporating it. Commissioner Sarnoff Mr. City Attorney, anything you say there, mod, change, or in any way, obscure what the City Manager just said? Mr. Hernandez: I hope not. Mr. Fernandez: Well -- Chairman Gonzalez: All right. Mr. Fernandez: -- yes. Chairman Gonzalez: We stand in recess. Mr. Hernandez: He's my attorney too, right? Commissioner Spence -Jones: When do we come back? Commissioner Sarnoff 2: 30. Chairman Gonzalez: 2: 30. Commissioner Spence -Jones: 2: 30. Mr. Fernandez: And when you come back, we need to convene here, and then from here, we'll go upstairs, but the meeting needs to be opened here. Chairman Gonzalez: Shade meeting at 2: 30. D5.2 07-00459 DISCUSSION ITEM DISCUSSION REGARDING THE LACK OF ENFORCEMENT OF THE CITY OF MIAMI'S SIGN POLLUTION LAW (CITY OF MIAMI CODE 54-9 AND 54-10) AND THE NEED FOR AN ORDINANCE THAT WOULD MAKE IT A VIOLATION FOR PLACING SIGNS ON CITY PROPERTY. 07-00459 Cover Email.pdf DISCUSSED Direction by Commissioner Spence -Jones to the City Attorney and the Administration to research the possibility of requiring a deposit as a condition of obtaining a special events permit that will be utilized for cleanup after events. Direction by Commissioner Spence -Jones to the City Manager to work along with the City Attorney, Police, and Code Enforcement to bring back a solution addressing illegal signage in districts within the next 30 days. Direction by Commissioner Sarnoff to the City Attorney to explore the possibility of entering into a compact and/or an interlocal agreement with neighboring cities to lien the properties of offenders who place illegal signage in the City ofMiami or to preclude the offenders from obtaining special event permits in their jurisdictions. Chairman Gonzalez: All right. Let's go into District 5, 5.2. Commissioner Spence -Jones: Yes -- City ofMiami Page 57 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: You already did that, right? Commissioner Spence -Jones: -- Mr. Chairman. Thank you so much. I think, one of the items, we already handled, but -- Chairman Gonzalez: Right. Commissioner Spence -Jones: -- so we're going go move on to D5.3. Priscilla A. Thompson (City Clerk): We'll make sure that the record shows that your D5.2 item was discussed in conjunction with Commissioner Sarnoffs. Commissioner Spence -Jones: Yes. Ms. Thompson: Thank you. Chairman Gonzalez: That's right. D5.3 07-00302a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY TO CODESIGNATE NORTHWEST 17TH AVENUE FROM NORTHWEST 36TH STREET TO NORTHWEST 71ST STREET, MIAMI, FLORIDA, AS "M. ATHALIE RANGE AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 07-00302a Legislation .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0207 Commissioner Spence -Jones: All right, so we're going to move to D5.3 -- Chairman Gonzalez: D5.3. Commissioner Spence -Jones: -- and this is basically just a -- simply a cleanup item. We needed a resolution instead of just a motion to communicate our desire to the County, andl believe we've already provided that. You should have your backup data. This is in reference to the Athalie Range Avenue on 7th Ave -- 17th Avenue. Chairman Gonzalez: Move the resolution. Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second on D5.3. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 58 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 D5.4 07-00470 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0172, ADOPTED MARCH 22, 2007; APPROVING THE SALE OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC. ("PROGRESSIVE"), AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT(S), AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH AGREEMENT(S), WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY; AUTHORIZING PROGRESSIVE'S ASSIGNMENT OF SUCH PURCHASE AND SALE AGREEMENTS(S) SUBJECT TO THE PRIOR CONSENT OF THE CITY MANAGER. 07-00470 Legislation.pdf 07-00470 Exhibit .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0208 Chairman Gonzalez: D5.4. Commissioner Spence -Jones: Yes. D5.4, this is another item that we just needed to, I guess, clean up, too. This is in reference to Progressive Vision. I just wanted to make sure that I'm clear. I was waiting for Barbara. Is Barbara anywhere around? Because I understand -- this is in reference to a tax credit project that we're applying for. We had given the land in the last meeting. Is Barbara anywhere around? It was said that we needed to bring it back to Commission on May 10 with a sum as to how much the administration cost would be. I guess the City Attorney's Office needed to have that be a part of the original resolution. Jorge L. Fernandez (City Attorney): Yes. It's actually rescinding a prior resolution that you passed and passing this new resolution that incorporates the extension of time -- Commissioner Spence -Jones: I believe Julie Bru has been working on this. Julie O. Bru (Deputy City Attorney): I'm sorry, Commissioner. What was your question? Commissioner Spence -Jones: Community Development is to bring this back on May 10. This is in reference to the item that we passed the last time regarding the Progressive Vision, the -- there are several different plots of land that we had given away, and they were one, and there needed to be clarity regarding this issue. Ms. Bru: Correct. The point of clarification that we're making by rescinding the prior resolution and adopting this one is that the Manager has the authority now to approve an assignment -- Commissioner Spence -Jones: OK. Ms. Bru: -- of this purchase and sale agreement. City ofMiami Page 59 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: OK. Ms. Bru: This is to afford them the ability to proceed with the tax credit application. Commissioner Spence -Jones: OK, and originally, that was not included, correct? Originally -- Julie, that -- originally, that -- Ms. Bru: We are rescinding a prior resolution that authorized you to enter into a -- authorized the Manager to enter into a purchase and sale agreement. Now we're giving you -- we're giving the Manager the authority to enter into a purchase and sale agreement that will also contain an authorization for you to approve an assignment. Commissioner Spence -Jones: Mr. Manager, are you understanding --? I mean, because this is an item that, you know, we've been going back -- Pedro G. Hernandez (City Manager): Right. My -- Commissioner Spence -Jones: -- and forth. Mr. Hernandez: -- understanding is that we have an item that was approved on the 22nd, and that the item is supposed to come back in May because of the different configuration of the projects -- Commissioner Spence -Jones: Right. Mr. Hernandez: -- where it will turn into two tax credit applications, rather than one -- Commissioner Spence -Jones: Right. Mr. Hernandez: -- but I wasn't aware that it required the rescinding this one today. I think that it happens as part of the May action? Ms. Bru: No, Mr. Manager. The only thing we're doing is we're giving you the authority, in the interim, between now and May, to be able to approve an assignment. Mr. Hernandez: OK. Commissioner Spence -Jones: Now, to my understanding, they've already applied. The application has already gone in, correct? Ms. Bru: Correct. The -- Mr. Hernandez: Right. I believe -- Ms. Bru: -- application -- Mr. Hernandez: -- I have already signed and supported that application -- Ms. Bru: Yes. Commissioner Spence -Jones: OK, so -- Chairman Gonzalez: All right. City ofMiami Page 60 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Hernandez: -- so with that said, I do, you know, abide by the legal counsel on this action, and we can move forward. Commissioner Spence -Jones: OK. Any questions on it -- Chairman Gonzalez: Have a motion? Commissioner Spence -Jones: -- from my colleagues? Chairman Gonzalez: You need to make a motion. Commissioner Spence -Jones: Yes. I'd like to make a motion. Chairman Gonzalez: All right. We have a motion on D5.4. Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 61 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PUBLIC HEARINGS PH.1 07-00414 ORDINANCE Public Hearing Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF NORTHWEST/NORTHEAST 79 STREET, BETWEEN BISCAYNE BAY AND THE WEST CITY LIMITS, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00414 Legislation .pdf 07-00414 Summary Form.pdf 07-00414 Memo pdf.pdf 07-00414 Notice of Public Hearing.pdf DEFERRED PH.2 07-00340 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 20/SECTION 20-4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FLOOD DAMAGE PREVENTION/ DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS," TO REQUIRE THAT SEAWALLS OR BULKHEAD ON WATERFRONT PROPERTY IN THE SPECIAL FLOOD HAZARD AREAS BE ABOVE THE OFFICIAL FLOOD CRITERIA; FURTHER AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TO BE CONSTRUCTED ABOVE THE OFFICIAL FLOOD CRITERIA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00340 Legislation .pdf 07-00340 Summary Form.pdf 07-00340 Memo.pdf 07-00340 Notice of Public Hearing.pdf 07-00340 Memo 2 .pdf 07-00340 Pre-Notice.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer item PH.2. Chairman Gonzalez: All right. Now we're going to move into the FR.1. No. Commissioner Regalado: PH.1. Chairman Gonzalez: PH (Public Hearing) -- Jorge L. Fernandez (City Attorney): PH.1 has been continued. Chairman Gonzalez: PH.2. City ofMiami Page 62 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Fernandez: PH.2. Chairman Gonzalez: PH.2. Anyone from the Administration on PH.2? Mr. Fernandez: This is Ms. Grindell or Mary Conway. PH.2. Pedro G. Hernandez (City Manager): PH.2 is an item that deals with seawalls and bulkheads, and it relates to any new construction or substantial improvements that any new construction to a bulkhead or a seawall would have to comply with the minimum flood elevation, right? Chairman Gonzalez: So that -- Stephanie Grindell (Director, Public Works): Right. Chairman Gonzalez: -- will only apply to new construction? Mr. Hernandez: New and substantial improvement. However, Mr. Chairman -- Chairman Gonzalez: What is substantial improvement? And let me tell you, I already explain to you what my concern is. Mr. Hernandez: Right. Chairman Gonzalez: I have a lot of waterfront properties in my district. These are -- and we go back to the same thing. What applies to one district doesn't apply to every district in the City of Miami. These are very low-income families that have owned these properties for 30, 40 years. Like in the case of Commissioner Regalado, people are -- even if they have a Code violation, they don't even have the money to correct the violation, and at this point, in top of the assessment, in top of the taxes, in top of the insurance, in top of everything that every citizen or property owner in the City ofMiami has to pay, now we're going to impose them to build a bigger or a stronger, or whatever, retaining wall. You know, I mean, if you want to apply this to one district, listen, God bless, you know. No problem -- Mr. Hernandez: No. Chairman Gonzalez: -- but -- Mr. Hernandez: Commissioner, my impression in reading the item is that today, in the Code, you already have the requirements that will force anyone who's building any kind of a significant addition or new construction to abide by the constructing above the minimum flood criteria. I don't think that this will add anything new to the Code. Stephanie. Ms. Grindell: Stephanie Grindell, director of Public Works. This is actually going -- only going to affect those properties where the construction is either new or the cost of the construction is going to be at 50 percent of the whole unit or more. Chairman Gonzalez: Fifty percent of what? Ms. Grindell: Of the units. If they're going to modify more than 50 percent of the unit -- of the market value. Vice Chairman Sanchez: Market value. Ms. Grindell: It's also only applies to locations where it's -- the title fluctuation is affected, City ofMiami Page 63 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 where the properties are affected by title fluctuation. Chairman Gonzalez: I don't know. I mean -- Commissioner Sarnoff It shouldn't apply to the Miami River. Chairman Gonzalez: It shouldn't apply to Miami River -- Commissioner Sarnoff No. Chairman Gonzalez: -- or the canals. You know, we have homes in the canals, in Wagner Canal [sic], you know, in all of these canals that are 40 years old, 50 years old, and they don't even have retaining walls. They have -- Commissioner Sarnoff Grass. Chairman Gonzalez: Yeah, so you know, if you want to limit it to the bay -- Commissioner Sarnoff I think the title fluctuation -- am I correct that the title fluctuation would limit to the bay? Mr. Fernandez: To all bodies. Ms. Grindell: It's a -- it actually affects all the properties located along the bay, as well as any properties located along the Miami River. Chairman Gonzalez: Well -- Commissioner Sarnoff Oh, it would include the river. Chairman Gonzalez: -- there you go. Ms. Grindell: And it doesn't require that they build a seawall if they don't already have one. If they have an existing seawall, they need to raise the elevation of the existing seawall up to the flood criteria. Commissioner Sarnoff Only if they do 50 percent or more of the market value work to their home -- Ms. Grindell: Correct -- Commissioner Sarnoff -- to their -- right. Ms. Grindell: -- or if they put a whole new construction in. Commissioner Regalado: And how about all the condos in Blue Lagoon? Chairman Gonzalez: They have the same situation. You have, for example, the first condominiums on 47th and 7th. They don't have a retaining wall. I don't know if you know that out of all the buildings on Blue Lagoon, the only building that has a retaining wall is Milton (UNINTELLIGIBLE). Commissioner Regalado: Yeah, because he build it recently, but these people have issues because I remember many years ago when it was citywide -- City ofMiami Page 64 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Yeah. Commissioner Regalado: -- that they call us all the time -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- and the seawall is gone, but they don't have the money. Imagine if they get assess by the association now for a million dollar to -- Chairman Gonzalez: A million dollars. Commissioner Regalado: -- build -- Vice Chairman Sanchez: All right, all right. Ms. Grindell: But that -- Mr. Hernandez: But the only way that would happen would be if the condominium was increased in assessed value, market value by 50 percent, so -- Commissioner Regalado: They have. They have. Chairman Gonzalez: It's already have. Commissioner Regalado: If you look at the history of the assessed values, most of these people - - some of them have homestead exemption, but they been living there like forever, three percent per year. Some of them are second homes, and the assessed value of the second home has risen - Mr. Hernandez: It's market value. Commissioner Regalado: -- more than 50 percent. The -- I mean, this -- the Milton project was a rental, but the assessment went up 80 percent -- Chairman Gonzalez: Eighty percent. Commissioner Regalado: -- so he decided to sell it as a condo. The assessment in the Chairman area -- andl know because two blocks is District 4 -- has gone, in all the Blue Lagoon, 80 percent on commercial and non homestead exemption, 80 percent. That's -- the number that I'm giving you is the right number. Mr. Hernandez: Commissioner, my understanding is that if the market value today of the property is ten million, you have to do an improvement that would be $5 million today, and it's based on the market value today when you apply for the permit. If you're ten million, it would have to go to fifteen -- Chairman Gonzalez: But let me tell you -- Mr. Hernandez: -- and that's really substantial. Chairman Gonzalez: -- my question is -- my next question is, where did this came from? Because we don't -- you know, I'm hoping to one day see a staff from the City stand here with a resolution to do something positive for the people, saying, you know what? Guess what? For the next five years, nobody's going to pay a building permit. Guess what? For the next two years, we're going to reduce your solid waste half of the costs. I mean, when -- every time they City ofMiami Page 65 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 come up with one of these, I call them inventions, maybe they don't have enough work. Maybe you should give them something to keep them busy so they don't -- you know, because they become creative. They get together and they start talking and, you know, create. Mr. Hernandez: Commissioner, this isn't -- Chairman Gonzalez: You know, there are five Commissioners here. I'm not supporting this myself. There are five Commissioners here, four more Commissioners here; they may approve it, but I'm voting against it -- Commissioner Spence -Jones: Stephanie, can you answer the Chairman's question? I guess his question is where did it come from. Chairman Gonzalez: -- you know. Ms. Grindell: Well, there are several properties within the City limits, where, at the equinox, which is in April and October, the tide is so high that it goes over the seawalls and into people's properties. Chairman Gonzalez: So why don't you apply that to those four or five properties? So in order to benefit four or five people, you're going to condemn ten thousand. You're going to penalize ten thousand to benefit five. Commissioner Spence -Jones: Have you targeted the areas where that is a problem? Ms. Grindell: Yeah, we have. Commissioner Spence -Jones: Is it strictly just in the bay area? Ms. Grindell: No, it's not. Commissioner Spence -Jones: So it is on Miami River, too? Ms. Grindell: But we don't expect it to affect 10,000 homes. Commissioner Spence -Jones: I know. I'm just -- Chairman Gonzalez: No? Commissioner Spence -Jones: -- I'm trying to get you to -- Ms. Grindell: No. Commissioner Spence -Jones: -- pull it out, Stephanie. Do you know what are the areas that this has become a problem? Mary Conway: Mary Conway, chief of Operations. It's primarily coastal, bay front areas -- Commissioner Spence -Jones: OK. Ms. Conway: -- though there are some low-lying areas along the upstream portions of the Miami River where the sea -- existing seawalls are low -- Commissioner Spence -Jones: Yeah. City ofMiami Page 66 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Conway: -- so if those property owners were ever to come in to completely redevelop that site or to do a major improvement that equaled 50 percent of the market value or greater, they would be required to raise the elevation, and the benefit is it's to protect private property, so -- and it doesn't require that properties be retrofitted unless -- it doesn't require that a property that doesn't have a seawall construct a seawall. It's only to -- when someone comes in for a substantial change, that they would have to raise the seawall, based on the Miami -Dade County flood map criteria so that the private property would be protected. Commissioner Spence -Jones: OK. Chairman Gonzalez: You know what? You know, let me tell you. What I should have done was to make a motion to defer this item. You know why? Because this is an item that is going to affect the entire city, OK, and nobody brief me in this item. I got a little briefing from the City Attorney, but not from your department or your department. Vice Chairman Sanchez: No. Chairman Gonzalez: No one from your departments came to see me in reference to this item -- Vice Chairman Sanchez: Let me -- Chairman Gonzalez: -- and I had to ask Frank Castaneda to ask the City Attorney what was all this about. Why? Because it's going to affect my people in my district -- Mr. Hernandez: I don't think so. Chairman Gonzalez: -- people that are not rich; people that are working class that work for seven or eight dollars an hours, OK; that have bought a condominium 20 years ago and having a tough time to pay their taxes, their maintenance fee, and their insurance, and our fees in the City ofMiami, and now we want to impose another way to spend more money. Vice Chairman Sanchez: Let -- Chairman Gonzalez: That's (UNINTELLIGIBLE). Vice Chairman Sanchez: -- me just -- for the sake of time and a voluminous agenda that we have, Mr. Chairman, let me proffer that we defer the item and -- giving us more time for a better briefing on this item, and then, on the next Commission meeting, we should either vote it up or vote it down. Ms. Grindell: That's fine. Vice Chairman Sanchez: So there's a motion to defer the item -- Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Mr. Chair. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 67 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PH.3 07-00415 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED GRANT OF TEMPORARY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA (THE "PROPERTY"), TO BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION ("GRANTEE"), OF A SIX (6) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND EIGHT HUNDRED TWENTY FIVE (2,825) FOOT LONG STRIP RUNNING EAST/WEST, AND A SIX (6) FOOT WIDE STRIP BY AN APPROXIMATELY ONE HUNDRED TWENTY NINE (129) FOOT LONG STRIP RUNNING NORTH/SOUTH UTILITY EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A TEMPORARY NON-EXCLUSIVE EASEMENT ON THE PROPERTY, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION FACILITIES, ASSOCIATED WIRING, CABLE, OR CONDUITS TO BE PLACED UNDERGROUND. 07-00415 Legislation .pdf 07-00415 Exhibit .pdf 07-00415 Exhibit 2 .pdf 07-00415 Exhibit 3 .pdf 07-00415 Exhibit 4 .pdf 07-00415 Exhibit 5 .pdf 07-00415 Exhibit 6 .pdf 07-00415 Exhibit 7 .pdf 07-00415 Summary Form.pdf 07-00415 Memo.pdf 07-00415 Notice of Public Hearing .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-07-0210 Vice Chairman Sanchez: PH.3. Chairman Gonzalez: PH.3 is an easement for Bellsouth Telecommunication [sic]. Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. Vice Chairman Sanchez: It's a public hearing. Chairman Gonzalez: It's 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. Is it a resolution? Vice Chairman Sanchez: Yes. City ofMiami Page 68 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PH.4 07-00416 Department of Public Facilities Chairman Gonzalez: PH.3. Vice Chairman Sanchez: Yeah, it's a resolution. Chairman Gonzalez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED GRANT OF TEMPORARY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA (THE "PROPERTY), TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("GRANTEE"), OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND EIGHT HUNDRED SIXTY SEVEN (2,867) FOOT LONG STRIP RUNNING EAST/WEST AND AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP BY AN APPROXIMATELY FOUR HUNDRED SEVENTY SIX (476) FOOT LONG STRIP RUNNING NORTH/SOUTH, SEWER EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A TEMPORARY NONEXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE TEMPORARY EASEMENT. 07-00416 Legislation .pdf 07-00416 Exhibit .pdf 07-00416 Exhibit 2 .pdf 07-00416 Exhibit 3 .pdf 07-00416 Summary Form.pdf 07-00416 Memo .pdf 07-00416 Notice of Public Hearing .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-07-0211 Chairman Gonzalez: PH.4. Vice Chairman Sanchez: PH.4 is -- Could you state something for the record? Laura Billberry (Director): Lori Billberry, Public Facilities. PH.4 and PH. 5 and 6 are also very similar, with the same -- basically have the same response, if you don't mind ifI address them at once. These easements were all approved by the Commission previously in connection with the Watson Island plat, and these are for existing utilities on Watson Island. In order to accommodate some of the Flagstone lenders, we are making the language regarding the reverter City ofMiami Page 69 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 on these much clearer, in that once these easements will -- are -- excuse me. Once the utilities are relocated, these easements will be abandoned, and we will do new easement agreements for the relocated utility lines, so we're just restating these easements and adding language that they will terminate upon the utility company receiving a new easement agreement or we get a release from the utility companies. Vice Chairman Sanchez: All right. Mr. Chairman, do you want to take all three of them up at the same time, or do you want to go one by one? Chairman Gonzalez: We can do it either way. Vice Chairman Sanchez: Vote it independently? Chairman Gonzalez: Yeah, we should Vice Chairman Sanchez: OK, so move PH.4. Chairman Gonzalez: All right. We have a motion on PH.4. Do we hear a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. PH.5 07-00417 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED GRANT OF TEMPORARY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA (THE "PROPERTY"), TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, ("GRANTEE"), OF A TEN (10) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND FORTY SEVEN (2,047) FOOT LONG STRIP RUNNING EAST/WEST UTILITY EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A TEMPORARY NON-EXCLUSIVE EASEMENT ON THE PROPERTY, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE ELECTRIC FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE TEMPORARY EASEMENT. 07-00417 Legislation .pdf 07-00417 Exhibit .pdf 07-00417 Exhibit 2 .pdf 07-00417 Exhibit 3 .pdf 07-00417 Summary Form.pdf 07-00417 Memo.pdf 07-00417 Notice of Public Hearing .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 70 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PH.6 07-00418 Department of Public Facilities Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0212 Chairman Gonzalez: PH.5. Vice Chairman Sanchez: PH.5 -- Chairman Gonzalez: It's another easement. Vice Chairman Sanchez: -- another easement at the same location. So move. Chairman Gonzalez: OK. We have a -- Commissioner Regalado: Second. Chairman Gonzalez: -- motion on PH.5, and we have a second. It's also a public hearing. Anyone from the public that want to speak on the item, please come forward Seeing none, hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED GRANT OF TEMPORARY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA (THE "PROPERTY"), TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("GRANTEE"), OF AN APPROXIMATELY FIFTY-ONE (51) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND SEVEN HUNDRED FORTY FIVE (2,745) FOOT LONG STRIP RUNNING EAST/WEST THE ENTIRE LENGTH OF THE SOUTH SIDE OF WATSON ISLAND, WATER EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A NON-EXCLUSIVE TEMPORARY EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE TEMPORARY EASEMENT. 07-00418 Legislation .pdf 07-00418 Exhibit .pdf 07-00418 Exhibit 2 .pdf 07-00418 Exhibit 3 .pdf 07-00418 Summary Form .pdf 07-00418 Memo .pdf 07-00418 Notice of Public Hearing .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 City ofMiami Page 71 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 10:30 AM PH.7 07-00135 Department of Community Development R-07-0213 Chairman Gonzalez: PH. 6 -- Vice Chairman Sanchez: PH. 6 is -- Chairman Gonzalez: -- is another easement. Vice Chairman Sanchez: Yeah. It's the fourth and final of the temporary easements for Watson Island construction. So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. It's a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. A sign language interpreter translated discussion of items PH.7 - PH.10. 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-S U B. P D F 07-00135 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0203 Direction by Vice Chairman Sanchez to the Administration to ensure that monthly reports do not show funds lying dormant in accounts instead of being utilized as quickly as possible for affordable housing and/or affordable rentals, and programs should not be created that are not already funded. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to raise the threshold of the single family rehabilitation program to $300,000 of the home's assessed value. Chairman Gonzalez: Mr. City Manager, I understand you had a couple of pocket items. Pedro G. Hernandez (City Manager): Right. Mr. Chairman, I think it would be best if we were to take PH.7, which is a public hearing scheduled for 10:30. It's already -- Chairman Gonzalez: PH.7. City ofMiami Page 72 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Hernandez: -- that time, so we could take PH. 7, and then there are two pocket items that relate directly to PH. 7 that I ask that they be taken at the same time. Vice Chairman Sanchez: OK. Mr. Hernandez: Barbara. Barbara Gomez (Director, Community Development): Barbara Gomez, director of the Department of Community Development. PH.7, we're requesting approval and acceptance of the Affordable Housing Trust fund guidelines, andl have had an opportunity to meet with all of you and go through the guidelines that we want to implement for the Affordable Housing Trust. Vice Chairman Sanchez: OK. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Thank you very much. I have all the information that Community Development sent, and it shows what we all know. This is a very, very diverse city. The needs of one area are not specifically the needs of other areas, and for instance, in the Single Family Rehab Program, there are two areas that are really impacted by that program; number one, the District 1, and number two, District 4, which shows the pattern that we have; residential, old neighborhoods, stable people, elderly property owners who are on a fixed income, and they don't have the resources to fix their homes. If you look at all the information that Community Development sent, in District 4, there are very few people that have taken the amount of money to buy -- Ms. Gomez: Right. Commissioner Regalado: -- new houses, and yet, in District 3 and District 2, people have opted for that, so it's very different. The reason I'm saying this is because there is a home in Flagami that had an illegal unit, and the property owner wanted to comply. We went to Community Development. Yes, there is money to comply. Double homestead exemption, fixed income -- Ms. Gomez: Right. Commissioner Regalado: -- under $22, 000; the couple does not have money to comply -- Ms. Gomez: Right. Commissioner Regalado: -- and to comply, they only needed to have a drawing of an architect and do after -the -fact permit, $1, 700, so people wanted to comply. People wanted to do -- Ms. Gomez: Right. Commissioner Regalado: -- the right thing, and we appealed to Community Development. They sent inspector; everything is great. You get your architect and all that, until they look at the regulations. The value of the house was $3, 000 over the limit allowed, so now the person cannot get -- Ms. Gomez: Right. Commissioner Regalado: -- the money from the City and is trying to get a relative to loan the City ofMiami Page 73 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 money so they can pay back in a few month because of $3, 000. The assessed value of all the houses in your district, my district, your district, I mean, every district, has gone up -- Ms. Gomez: No. Commissioner Regalado: -- three percent -- Ms. Gomez: Yeah. Commissioner Regalado: -- every year, so they don't want to sell the house. They bought the house -- the house is already paid. They bought the house 37 years ago, but they miss the regulation for $3, 000, so my amendment will be to raise not the income requirement -- income requirement, the same; people need to be poor, really poor -- but the assessed value of the house so more people can participate because these people are caught in the middle. They're not -- Ms. Gomez: Right. Commissioner Regalado: -- persons that work. They don't have the money to pay for architect and plans and all that, and they don't qualin, because the house -- the assessed value now is two hundred and -- Ms. Gomez: Two hundred and thirty-six thousand dollars for a Single Family Rehab. Commissioner Regalado: OK, and his home was assessed at three hundred and -- Ms. Gomez: No, 239, 000. Commissioner Regalado: -- and two hundred and thirty-nine, exactly, so it went up -- Ms. Gomez: Yeah. Commissioner Regalado: It is incredible. Ms. Gomez: IfI can suggest something. What Commissioner Regalado wants is basically to amend our Single Family Rehab Program, so if we can take this item and then do another item that just directs the Administration to increase the assessed value of the Single Family Rehab to 300, 000, the same way as the Affordable Housing Trust, then we can change so that -- it is true. Your district have been affected by the $236, 000 cap that we have. Commissioner Regalado: And mind you, we have another two families -- Ms. Gomez: Yeah. Commissioner Regalado: -- with the same predicament. Ms. Gomez: Right. Commissioner Regalado: Two, people that want to comply, people that have Code enforcement issues. Ms. Gomez: Right. Commissioner Regalado: Mind you, 20 years -- Ms. Gomez: Right. City ofMiami Page 74 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: -- have been there, but that's -- Ms. Gomez: Yeah. Commissioner Regalado: -- OK. Ms. Gomez: Right. Commissioner Regalado: You know, so we really need to help -- Ms. Gomez: Right. Commissioner Regalado: -- these people because that is the main -- Ms. Gomez: Right, yeah. Commissioner Regalado: -- concern, at least, in District 4 -- Ms. Gomez: Right. Commissioner Regalado: -- and for that matter, in District 1. If you see the list of District 1, it's incredible how many people have taken the rehab, which means that they do qualin,-- Ms. Gomez: Right. Commissioner Regalado: -- which means that we have a lot of people with problems -- economic problems, so -- Chairman Gonzalez: So what you're suggesting is to raise the cap from 236,000 to 300 thou -- Ms. Gomez: Only on the Single Family Rehab to 300,000 -- Chairman Gonzalez: Three hundred thousand. Ms. Gomez: -- in order -- Vice Chairman Sanchez: Only on the fam -- Single Family Rehab. Ms. Gomez: -- to be able to -- we're not changing the income, meaning that they still have to qualify with the 80 percent of medium [sic] income, but this will give an opportunity not only to District 4, but on this -- on the program that's running right now, we're having the problem on West Grove, that we do have some issues there, so by raising the cap, I think that it will benefit all of the districts. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, last time that this item was in front of us, it brought a heated debate as to the item in itself andl think we did the most logical thing to do was -- which was to defer it and address the concerns, to bring it back with a projection based on not only equitable, but also fair and balance. Now we know that the underlying reality is that we just City ofMiami Page 75 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 don't have sufficient funds to address all the needs that we have in this community. The nine tax credit projects that are ready to go -- and those are -- were -- those -- the developers were here on those items -- seven were in District 5, and two were in District 1. Just alone with those items, the $13 million are basically gone, and that's the problem that we have. The reason that we deferred it was to have an opportunity for you to sit down with all the Commissioners as to the needs, and we all know that we do have different needs in our community. The last thing that we want is to have any money sitting in a bank account not being used. Ms. Gomez: That's true. Vice Chairman Sanchez: The money has to be used based on the needs, and we all have different needs. District 5 has a tax credit deal. She benefits from that because she has most of the vacant land; on the home -- on the first-time buyer homeownership, District 1 and 3. The other districts also benefit on the rehab also, so the thing to do was for you to sit down with everyone, and we sat down. I've always said that we needed -- we need to be very prudent with these funds to make sure that they are utilized in a fashion where we address the needs of the people that we serve, and it was to tailor it for each district based upon an equitable distribution, but focusing on the needs as to the projects that were already established. I do no good having "X" amount of dollars in my district sitting on a bank when District 5 could use it. I'd rather if she use the money. I'd rather another district benefits from that money so the money could be used. I've always said that we are not five cities. We're a -- one city with different needs in this community, and that's why -- we made some recommendations -- I made some recommendations, Barbara, if we sat down, andl know that you also had some conversation with the Mayor on this issue, andl think you have talked to the other Commissioners too. You know, I can't talk to the other Commissioners, based on the Sunshine, but one of the things that we proposed was that the employee's program, which had $2.5 million was sitting there, and they only used $140, 000, so that goes -- you know, money sitting there not being used that could be used for other projects in our city, and we made the recommendation to take $2 million off of those funds, OK, defund that $2 million, leave half a million dollars there in case there are some employees that are in the process of applying for a first-time buyer in the City, and they could utilize that, and later on, as money comes forward, we could always put some more -- Ms. Gomez: Right. Vice Chairman Sanchez: -- money in there because we all know that the Affordable Housing Trust is the golden funds because it have less restrictions. All the other ones, such as HOME (Home Investment Partnership Program) and SHIP (State Housing Initiative Partnership Program), have more restrictions, and developers that are going to benefit from it aren't going to seek those. They're going to want to go for the first-time -- for the funds -- affordable housing funds, so I suggested that we take $2 million, defund it out of the employee program, and put $1 million into the new construction homeownership, giving it a total of $4 million, and then, based on the need that not everyone in our community wants to be a homeowner, some people want to rent, and it's fine to rent. I mean, if you want to rent, that's your prerogative; you could rent. We wanted to put $1 million into the new construction rental to make sure that we could assist those that, in all these projects that are coming up, for rental in our community, so that was just a suggestion that we had made to try to see if we could work out where it would have a minimal impact on all the districts, andl think making that recommendation, Barbara, you suggested it was a good idea, andl don't know what the outcome has been -- Ms. Gomez: Commissioner, we do have two resolution, once you adopt the guidelines, that we would introduce, which goes into the detail of how the whole pot of housing funds for Community Development will be distributed. Even after we met, we were able to find additional dollars that, you know, we made the resolution to be able to expand as much as we can in all districts, so I will definitely -- I will go through the resolutions that we are going to be incorporating as part of this item, and we will discuss -- the $2 million of the employee program City ofMiami Page 76 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 is here for your review to put back to the pot, and we did make some adjustment, and we did found [sic] some reallocation of funds that we'll be bringing up as part of another resolution once PH. 7 -- Vice Chairman Sanchez: So, therefore -- Ms. Gomez: -- is passed. Vice Chairman Sanchez: -- with these recommendations that have been proffered, we would limit the impact on the other districts, such as District 5 and District 1, and all the rest of the districts. Ms. Gomez: We did -- what we did, basically, after hearing from all of you and the needs that you had throughout all the districts, we allocated to different programs, instead of district, programs, and we said, OK, what can we serve and how can we benefit all district. We went to the homeownership, the down payment assistant [sic], and we said we want to serve a hundred people. How much do we need to serve a hundred people and work with the banks? We went through our Single Family Rehab, which is a program that just closed last year that we're in the process of processing those application. We said, let's put $2 million and try to clean that up so we can open it again. We also looked at projects, homeownership projects citywide, and we said, you know, let's put out an RFP (Request for Proposals). Let's see what projects are there in all district, and we are recommending $4 million. We're also saying there are rental projects that are not tax credit deals that we need to benefit, such as -- you have one, a 202 in your district that could benefit. Gonzalez had one that just finished not too long ago, which is not a tax credit deal that we want to take care of them, so we also recommended a million dollar there, and yes, we are aware of the nine tax credit deal that have come to the City for funding. Yes, there are seven that are in District 5; there are two in District 1. It's 898 affordable housing unit in those nine tax credit deal, which we allocated $5.5 million, and we will work with the developer to make sure that we can fund all of them to the maximum that we can, so there are two other resolutions that will be coming after PH 7 that will address some of these issues. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: But, Barbara, my concern -- andl thinkl express it very clearly when we had all the developers sitting in the front row there -- is when are they going to start building these projects? Ms. Gomez: The -- by law -- Chairman Gonzalez: Because once we allocate the money, then the money is committed, and then, maybe there is another project that could start and won't start because it's not funded and we have -- and I'm talking including the -- let me tell you. I'm concerned about my district in that regard. I want to know the developers in my district, when they're going to start building. Ms. Gomez: By law, they have 12 months after they get that tax credit award to start; otherwise, they lose it. Chairman Gonzalez: They lose it -- Ms. Gomez: The difference between -- Chairman Gonzalez: -- and if they -- Ms. Gomez: -- before -- City ofMiami Page 77 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: -- lose the tax credit, I want them to automatically lose the City contribution. Ms. Gomez: They do automatically. It's tied to the project, and the difference, Commissioner Gonzalez, is that this time we're only funding people that already have the tax credit deal, that already have the County funding, so, in reality, we're the -- like the last funding source for these project, which is very different In the past, we would award money; they would have to go and compete; sometimes they wouldn't win, so it would take longer. These are tax credit deals that did win. They have County money; they have the State money. Some of them started construction right now. Right now some of them are in construction. Chairman Gonzalez: All right. That was my only concern. Ms. Gomez: I think Commissioner -- Commissioner Spence -Jones: Mr. Chairman, I just want tojust add -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- I'd like tojust add something real fast. Chairman Gonzalez: Yes. Commissioner Spence -Jones: First of all, I'd like to thank the Community Development Department, Barbara, for really sitting down and digging deep, and trying to figure out something that works best for all. As you know, as Commissioner Sanchez said earlier, we did have a pretty heated debate regarding the affordable housing dollars because most of the projects that were won last -- this year were in my district, so you -- I know -- I want to also be able to take the time to thank the Commissioners, my colleagues, for being supportive on this issue. I, by no means, cannot be responsible for what has happened in this seat prior to me getting here, or what has happened over the many, many years of this particular seat and what has not happened for the people here. I can only take responsibility for my current position, and I do know that I've been fighting very hard to make sure that we do have affordable housing and projects actually moving in the district, and we're seeing that happen. At the same time, I'm also very sensitive to the fact that you all -- you guys also have the same needs, the same constituents that have concerns. Commissioner Sarnoff, in District 2, West Grove, which, you know, definitely reflects my district, has the same needs. I mean, I've gone -- had family grew up in West Grove, and people are complaining because they need the same type of relief and same type of support, you know, so I just want to, at least, say to you, to Commissioner Sarnoff, that I truly appreciate you working along with us because I know that you have some challenges in your district, especially in the West Grove, in trying to resolve their issues. Overall, I just want to say to everyone, I'm excited and ecstatic to know that we will have 800 units that we all can be proud of in the district and throughout the City, which is a wonderful thing, so I just wanted to, at least, publicly acknowledge my colleagues for supporting this imitative and the new guidelines that are being put in place to make sure that we all benefit from the affordable housing dollars. I do want tojust add to the record -- this doesn't have anything to do with the money, but I wanted to make sure -- I did not see it in the overall guidelines. IfI could, at least, put them on the record to make sure that they are included, to make sure my colleagues are OK with it. One was -- one thing that asked about -- andl wanted to make sure that that's still going to happen -- was the annual report that we would receive regarding -- or the Commission would receive regarding the transactions funded through the Affordable Housing Trust fund or through the guidelines that we're creating. That -- I didn't see that revision -- Ms. Gomez: No, and we would have to add it -- City ofMiami Page 78 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Yeah -- Ms. Gomez: -- Commissioner. Commissioner Spence -Jones: -- and l just think that -- Ms. Gomez: Right. Commissioner Spence -Jones: -- it's important for us to see what got completed from our actions as an annual report. Also, the other thing that I asked for, which I don't think is a big request, was to make sure that we include local participation, meaning, you know, local developers should consider the people that are living in the areas to assist with the rebuilding of those particular communities by utilizing local laborers and local contractors. I think any monies that the City gives away, we should strongly encourage those builders and those developers in those areas to consider the people that live in those communities to participate, and know that wasn't a part of the overall revision. For the most part, I think that those are the only, you know, key things that I,, you know, think that should be added, and l -- that would reflect, I think, all of our districts, that we would want to see that happening in all of our districts to make sure that it was included, and for the most part, the other things, I'm willing to -- I know that we can't have it all, but I'm willing to not really address those at this time. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Barbara, forgive me for my ignorance, but I was always the kid in class that always asked the question that, inevitably, everybody enjoyed because they were acting like they understood, and I don't understand. There is an Affordable Housing Trust, which presently has in the neighborhood of six point something million dollars. Ms. Gomez: Six point six. Commissioner Sarnoff That's whatl thought it was, and this comes as a result of bonuses being provided to developers, correct? Ms. Gomez: Correct. Commissioner Sarnoff How does the $6.6 million -- and the way this worked previously was we really didn't have any guidelines -- Ms. Gomez: Correct. Commissioner Sarnoff -- for the $6.6 million. How -- I'm looking at a piece of paper. It's called Community Development (UNINTELLIGIBLE). How did the $6.6 million end up in this piece of paper? Ms. Gomez: Well, the -- what -- when we started meeting with all the Commissioner, their concern was that how do we -- instead of doing something by district, what was the total amount offunding that the City had to fund Affordable Housing Trust? And we went down and we said, OK, HUD (Department of Housing and Urban Development) gives us so much, the State gives us so much, and the Affordable Housing Trust, which was the one that we're going to be taking over -- we had never done it in the past -- has so much, and that was the whole universe, and then we said, OK, what type of programs are we going to do citywide that will benefit what district? And that's how that amount of dollars came into that equation, so that money is basically sitting right now in an account. As we all know, we have a lot of requests, a lot of needs, and we said, let's City ofMiami Page 79 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 try to use those dollars in order to get additional affordable housing, being homeownership or rental -- Commissioner Sarnoff OK. Ms. Gomez: -- and that's how that got into there. Commissioner Sarnoff -- so the top column will have our universe, and the bottom column will be our allocations. Ms. Gomez: The program. Commissioner Sarnoff OK. Ms. Gomez: I do want to say, in reference to reports, I am providing all of you a monthly report of all types of activity that's going on so that all of you are aware of what has been completed and what's in the project -- in the pipeline, andl think that, by having that report, will give you some information as to what's happening in affordable housing. Vice Chairman Sanchez: And in conclusion, very brief Barbara, I just want to make sure there's two things; that when you give us the reports, I, as a Commissioner, don't want to see, one, funds sitting in account without going towards being utilized as quickly as possible for affordable housing or affordable rental, and the other issue is that we should not be opening up programs that are not funded. I mean, we do a disservice to people when we open up a program, and people go out there, and they take time away from their job, their families to fill out a nightmare of paperwork to qualf, and then they find out there's no money in those -- so, please, those are the two things that, as a champion of affordable housing -- which I don't -- I consider myself, along with my colleagues, those are the two things that should not be happening. Ms. Gomez: We will. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. PH.7 is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Good morning. Charles Cutler: Good morning. Charles Cutler, 706 Northwest 4th Avenue. I just want the Commission to be advised, with these different housing programs that they have, the way that they actually unfold in our neighborhood is these programs are being funded with public dollars, State dollars, et cetera, and the people in these communities are being left out. These developers, once they bring these projects on line, they come up with different criteria to eliminate the people that these programs are really designed to assist, so I think that, in some type of way, some type offormula, once these projects are finished and these developers take ownership of them, there should be some type offormula put in place that requires them to work with the local residents because, just like with the Tuscan, they'll come into a place like Overtown. They'll say, well, you can't have no criminal records; you can't have bad credit, andl mean, come on. Overtown has been devastated by riots and all -- it's a lot of people over there that has criminal backgrounds, and there's been -- it's been designated as one of the poorest areas in the country for a decade, so you know, there are credit issues, even in Liberty City, and as these projects start coming on line, when you start putting those type of restrictions in place, then the housing that's being developed, the people in those communities are not going to be able to benefit from it. Thank you. Commissioner Spence -Jones: Mr. Cutler -- City ofMiami Page 80 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Thank you. Commissioner Spence -Jones: -- ifI can -- Mr. Chairman, ifI can just add, and thank you for officially putting that on the record, but Community Development and, I know, for a fact, the taskforce that we created after the whole shantytown -related issue, that we've been working on for the last three -- almost three months now, the taskforce is looking at that with all of the tax credit developers to make sure that there is some process to put -- that's put in place to make sure local residents are considered, and they are making recommendations to Community Development, and also to the builders and developers in those areas to make sure that they're considered. You know that I'm always a champion to support those that, you know, might need a second chance or deserve to have a second chance, so that will always be a part of whatever we do within our district, and I'm sure the other Commissioners will feel the same. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye." I'm sorry. We need a motion. Vice Chairman Sanchez: I would make the motion. 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: Motion carries. Vice Chairman Sanchez: Madam Clerk. Ms. Gomez: If we can take now the rest -- Vice Chairman Sanchez: Resolutions. Ms. Gomez: -- the pocket items that the Manager will be presenting -- Commissioner Regalado: Barbara -- Priscilla A. Thompson (City Clerk): Excuse me. Commissioner Regalado: -- we need to make another motion -- Ms. Gomez: -- and then I'll -- Commissioner Regalado: -- to amend the -- Ms. Gomez: Right. Commissioner Regalado: -- Affordable Housing Trust raising the -- Ms. Gomez: The Single Family Rehab -- Commissioner Regalado: -- Single -- Ms. Gomez: -- Program. City ofMiami Page 81 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: -- Family Rehab -- Chairman Gonzalez: Oh, yeah, right. Commissioner Regalado: -- threshold to $300, 000 of assessed value. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: OK. Do -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- we also need to make the amendments -- Chairman Gonzalez: OK. Hold -- Commissioner Spence -Jones: -- based upon those -- Vice Chairman Sanchez: Whoa, whoa, whoa, whoa. Ms. Thompson: I'm sorry, Chair, ifI might? Commissioner Spence -Jones: Sure. Chairman Gonzalez: Yes, ma'am. Go ahead. Ms. Thompson: OK. There was a modification to the guidelines by -- Chairman Gonzalez: That was an amendment to the other resolution, right? Ms. Thompson: And there was one also by Spence -Jones, so -- Commissioner Spence -Jones: Yes. Ms. Thompson: -- I'm showing this as a modified resolution. Ms. Gomez: OK. Ms. Thompson: That would encompass everything. Chairman Gonzalez: Everything. That would include -- Ms. Gomez: If can -- Chairman Gonzalez: -- Commissioner Regalado's point, and it would include -- Vice Chairman Sanchez: No, no, no, no. Ms. Gomez: No. Commissioner Regalado: No, no. It have to be separate. Ms. Gomez: I think that the modification to the Affordable Housing Trust fund guidelines will include the modification that Commissioner Spence -Jones requested, which is to provide an annual report to the City Commission, and to have -- to request that local participation from the City ofMiami Page 82 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PH.8 07-00419 Department of Community Development developers to the maximum capability. Those are the amendment to PH.7. Chairman Gonzalez: All right, so PH.7, once again, was voted on, as amended. All right. Commissioner Regalado now has -- Ms. Gomez: Then Rega -- Chairman Gonzalez: -- another motion. Ms. Gomez: Correct. Commissioner Regalado wants -- Commissioner Regalado: My motion is to raise the threshold of the assessed value of the house for rehab -- Ms. Gomez: Single Family Rehab Program. Commissioner Regalado: -- Single Family Rehab, no modification of the income; just modification of the assessed value to $300,000. 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: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2007, THROUGH JUNE 30, 2010, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT A PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 07-00419 Legislation .pdf 07-00419 Exhibit .pdf 07-00419 Ad .pdf 07-00419 Summary Form.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-07-0204 Chairman Gonzalez: Now we go to PH.8. Barbara Gomez (Director, Community Development): PH.8 is basically transmitting our Local Housing Assistant [sic] Plan to the State in order to be able to receive their funding. This will City ofMiami Page 83 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 be from the period of July 1, 2007 to 2010, and this is based on the resolutions that you have passed in the past. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to speak on PH.8, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. It comes back to the Commission. It's a resolution. We need a motion and a second. Vice Chairman Sanchez: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Five "ayes." PH.9 07-00421 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ACCEPTANCE OF FUNDS, IN THE AMOUNT OF $500,000, FROM THE Development FLORIDA DEPARTMENT OF FINANCIAL SERVICES- MY SAFE FLORIDA HOME PROGRAM, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, TO ASSIST HOMEOWNERS WITH DAMAGES AND LOSSES CAUSED BY HURRICANES AND TO STABILIZE HOMEOWNERS' INSURANCE PREMIUMS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. 07-00421 Legislation .pdf 07-00421 Summary Form .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-07-0205 Chairman Gonzalez: PH.9. Barbara Gomez (Director, Community Development): PH.9, we are requesting approval to accept $500, 000 from Florida Department of Financial Service [sic], My Safe Florida Home Program, to the City ofMiami Department of Community Development, to assist homeowners with damages and losses caused by the hurricane, and one of the things is we will be putting out an RFP (Request for Proposals) for the people to apply. Most of it is going to be to give reassurance to roof and provide reassurance to windows. It's up to $10, 000 per home, and we received $500, 000 from them -- Vice Chairman Sanchez: Barbara -- Ms. Gomez: -- so it's accepting the $500, 000. Vice Chairman Sanchez: -- I have two questions on that; one is -- I thought the program was for City ofMiami Page 84 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 individual homeowners to apply. They -- Ms. Gomez: Correct, but we have to do it through an RF -- I would say an application process. We're going to advertise it, and they will be applying. It's homeowners. Vice Chairman Sanchez: OK. How do our residents find out about this, and how do they apply? Ms. Gomez: We -- number one, we give it to all the NETs (Neighborhood Enhancement Teams), and we tell the NETs to let the community know. We have to, by law, advertise it. We advertise it on three newspapers. We try to do public announcements. We let all the Commissioner knows every time we open a program, and they have to -- there will be an application at all NETs and at Community Development that they would have to complete, and then we would have to go through the process of making sure that they are eligible. Vice Chairman Sanchez: This is one of the many concerns that have when it comes to all these programs. There are so many programs out there, different institutions, different organizations, a variety of programs that people could benefit from, and somehow, we're not getting the message out. We're not reaching the people. I mean, we -- once again, we have a community that has a lot of need, andl don't see -- you know, we go to places; we have town meetings; we meet people, and we inform them of a program, and they don't know anything about it. I mean, why isn't this program or similar other programs being placed on Channel 77 or -- you know, to inform the public about these programs? Ms. Gomez: Commissioner, I can tell you that, on our Single Family Rehab, we even went to radio stations. We tried There are some communities that it's very hard to get to them -- Vice Chairman Sanchez: Well, but that's a successful -- Ms. Gomez: -- but we -- Vice Chairman Sanchez: -- Barbara, that's a successful program. As a matter of fact, you get "X" amount of applications, and you only limit -- you're limited, so that's an exception -- Ms. Gomez: But that's what I'm saying. Vice Chairman Sanchez: -- to many of these programs. Ms. Gomez: We tried to go to newspapers, to radios, to -- we get the NET involved. We get the Commissioners involved. We'll do the same thing, and if any of you have any suggestions or anything that you want in your district, we'll be more than glad to accommodate. Vice Chairman Sanchez: I just think we need to do a better job as providing information to people as to the programs that exist for their benefit. Ms. Gomez: Yeah. Chairman Gonzalez: All right. This item requires a public hearing. Mariano. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26Street. Am I going to see my Florida home -- Safe Florida Home? I wonder because I apply to my Safe Florida Home month ago, a phone number that was given to me by Julio Robaina, in a meeting at Coral Gables High School. I (UNINTET,TIGIBT,F) andl still remember the number, 1-800-342-2762. Ms. Gomez: That's the State program. City ofMiami Page 85 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Cruz: OK. That's the number to call, and then when I went in -- I was in Tallahassee January 17. I talked to Governor Crist. I asked him about that. I said that you know what happen? Those people call me now. They say, since now you don't have insurance -- because I left the insurance, you see. My house is paid, andl wasn't going to pay a hundred percent increase in my Citizen Insurance. They say, well, now we'll see to put the people without insurance in that program too. I couldn't (UNINTELLIGIBLE). That was the only one left (UNINTELLIGIBLE). She's the one in charge of that, and there's plenty of money, but you know what they say -- sometimes say. No, there is no more money now, and there was plenty of money when they start that program. I was working for the inspector. Nobody came before when I got insurance. Then, they said, oh, you don't have anymore insurance. I don't know how the program is going to apply because many people that pay for a house are choosing not to have insurance because, you know (UNINTELLIGIBLE) -- I'm not going to pay $5, 000 a year for insurance. Chairman Gonzalez: That's right. Mr. Cruz: Not me. No, that's it, so find out exactly how it's going to work. Ms. Gomez: Well, this is different Mr. Cruz: If people without insurance have access to the program, I'll be the first there making application -- Ms. Gomez: This is accepting -- Mr. Cruz: -- for mitigation. Ms. Gomez: -- the dollars. Once we sign a contract with them, we will advertise it to our residents of where to apply and how the process will work -- Mr. Cruz: Yeah. Ms. Gomez: -- but right now, it's just accepting the dollars so we can sign a contract with My Safe Home -- Mr. Cruz: Up to -- Ms. Gomez: -- so that we can -- Mr. Cruz: -- ten thousand the -- as a match. Ms. Gomez: Correct. Mr. Cruz: OK. Thank you. Chairman Gonzalez: Thank you. Anyone else from the public? Seeing none, hearing none, public hearing is closed. We had a motion, I believe, and a second. Is that correct? No? We need a motion. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." City ofMiami Page 86 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 PH.10 07-00446 Department of Community Development The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNT OF FUNDS ALLOCATED TO PARTNERSHIP FOR RECOVERY, INC., IN THE AMOUNT OF $150,000, FOR THE ROOF REPLACEMENT OF THE TOWNPARK APARTMENT BUILDING, INCREASING THE AMOUNT FROM $75,000 TO $225,000; AUTHORIZING THE TRANSFER OF THE ADDITIONAL FUNDS, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT-MIAMI RECOVERS PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00446 Legislation .pdf 07-00446 Exhibit .pdf 07-00446 Summary Form.pdf 07-00446 Text File Report.pdf 07-00446 Pre -Attachment. pdf Motion by Commissioner Spence -Jones, 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-07-0209 Chairman Gonzalez: PH.10. Barbara Gomez (Director, Community Development): PH.10, we're requesting approval to increase the allocation to Partnership for Recovery, Inc., from 75,000 to 225, 000. This will authorize an additional $150, 000 from the Department of Community Development Miami Recovers Program, and this is basically for the roof at the Town Park Apartment building. Chairman Gonzalez: All right. This item 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. It's a resolution. Commissioner Spence -Jones: So move. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: I just want to say -- Chairman Gonzalez: No "nays." Commissioner Spence -Jones: -- that everything's great. I just want to say -- Vice Chairman Sanchez: No "nays" today. City ofMiami Page 87 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Huh? Vice Chairman Sanchez: No "nays" today. Commissioner Spence -Jones: Just want to thank Barbara and her staff once again, in assisting me in fulfilling the City's commitment to the people of Town Park. I believe LISC (Local Initiative Support Corporation) is here. They've been working very hard to begin all of the restoration of those units, and l just wanted to make sure I publicly acknowledge them for their hard work regarding the issue, and I'm sure the residents in Town Park -- it's one of the many steps that they need, but at least, we've made our commitment and kept our commitment to start on making sure some things got done, andl see Mr. Turkel here also. I appreciate what you guys are doing in partnership with the City department to make sure that we get the roofs moving for those people there. Thank you very much. Ms. Gomez: Thank you. City ofMiami Page 88 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 SR.1 06-01711 Downtown Development Authority ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, 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 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado 12905 Chairman Gonzalez: OK. Second reading ordinance, SR.1. SR.1 is the DDA (Downtown Development Authority). I believe that we -- Vice Chairman Sanchez: We're ready. Chairman Gonzalez: -- have had -- Vice Chairman Sanchez: We're ready. Chairman Gonzalez: -- ample discussion on the DDA issue. I hope that we are ready to vote it up or down, or to -- Vice Chairman Sanchez: Yes, we are. Chairman Gonzalez: Commissioner Sarnoff, I know you have had some concerns and some issues. I don't know if there is any outstanding issue with these items, but if you want to put them up to vote -- Commissioner Sarnoff It's a pub -- is it still a public hearing, right? Chairman Gonzalez: It's still a public hearing, yes, sir. Commissioner Sarnoff Why don'tI do it right after the public speaks? Chairman Gonzalez: OK. All right. Anyone from the public? City ofMiami Page 89 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Linda Carroll: I would like to. Chairman Gonzalez: I'm allowing you five minutes to speak on the item. Ms. Carroll: With the permission of the Commission, when I speak, I become very dry -mouthed because of medicine that I take, and I've been advised that cannot have water here. May I keep this water here? It's strictly water, nothing -- a soft drink. It's all right ifI keep this? Chairman Gonzalez: Yeah. Go -- of course. Ms. Carroll: Thankyou. Thankyou very much, Mr. Chairman. Chairman Gonzalez: You're welcome. Ms. Carroll: My name is Linda Carroll. My address is 1 Southeast 3rdAvenue, Suite 1260, here in Miami. I am here to again address the issue of proposed amendments to the Downtown Development Authority. They have propose -- it has proposed an amendment to Chapter 14, which controls its operation, its finances, et cetera, as well as an amendment to Chapter 2, which I believe is based on their belief that an amendment to that chapter is necessary in order to accomplish the amendments to Chapter 14. Now I'm right now just going to address the -- my objections to and why I believe the Commission should not approve the amendments to Chapter 14. As you know, the Downtown Development Authority was created and empowered to engage in the development, redevelopment, and physical improvement of the activities located and the properties located within the areas that are within the DDA boundaries. The DDA funding is acquired by way of a special ad valorem tax that is imposed on the properties within the boundaries. This is a tax that is in addition to the regular taxes that are collected. Hence, the property owners in the boundaried [sic] areas pay a higher tax, if you wish, every year than citizens who have property outside of the boundaries. I've addressed certain of the matters of the objections before. I'm not going to repeat those objections. My views still stand, and I've circulated memo, and I'm not going to be repetitive. However, there are some additional matters that believe the Commission must consider, and in particular, because the Commission, essentially, will be giving up control by, particularly, when you're being asked to, for example, amend the provision that gives the Commission the ability to remove a member of the DDA with or without cause. That same proposed amendment is being suggested to the Commission that you should do away with the language that presently says once the Commission has decided to remove somebody, that's final. Well, when you remove that language, what do you get? You get the potential of litigation because if it's not final by ordinance, then that may be a chance to somebody to say, well, I want this, I want that, or go traipsing into circuit court. Let me tell you why I believe you should not give up your authority, you should not grant any of these amendments. As presently constituted, the DDA is operating in violation of the City Charter; it's operating in violation of the City Code, and it's operating in violation of State Statute, and it is expending funds for purposes outside of the legislation that created and which governs today the DDA's activities. I will identify probably six or seven specific areas that I am referring to. Number one, the DDA is violating the City Charter and the City Code by operating and maintaining independent bank accounts. The DDA is not complying with the Code that requires competitive bidding. The DDA is not complying with State Statute, which requires competitive bidding. The DDA members of the board themselves have failed to comply with the Code's disclosure requirements, which requires every member of the DDA, pursuant to Section 2-615 and 2-616, to give an annual disclosure of real estate holdings within the City limits, and to give an annual financial disclosure. The DDA is also, I believe, violating provisions of the Code that deal with donating property. The DDA's annual financial statements state, for example, that they are donating equipment to certain nonprofit entities. I don't believe they went through any of the proceedings for purposes of -- that the Code requires, but they're also -- these entities -- andl can go into elaborations, if you wish -- themselves are not reporting or, depending upon which view, the DDA says is giving equipment that's in -kind donations, the tax returns for these City ofMiami Page 90 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 non for profits don't show any in -kind donations. In addition, the DDA's financial statements are inconsistent, inaccurate, and in fact, their monthly reporting statements -- which, if you recall, back in Decem -- in January, when we were first here, the question came up, are you all getting your monthly financial statements, and it came up, well, they weren't sending it to you. Well, that's, perhaps, not a big problem since the annual -- the monthly financial statements you get really don't match what comes up at the end of the year -- fiscal year when you see the annual statement. There is grave inconsistency, I believe, looking at those. Chairman Gonzalez: Ma'am, I'm sorry to interrupt you, but you have used five minutes already. Ms. Carroll: All right. Chairman Gonzalez: All right. Ms. Carroll: Thank you very much. Commissioner Regalado: I would like to -- Chairman Gonzalez: Anyone else from the public? Commissioner Regalado: -- ask Ms. Carroll. You have said several things, and it really troubles me, the bidding process. Do you know of as a -- have you gotten information in terms of public record that there has been no bidding process, that sole sources have been use by this agency? Ms. Carroll: Well, I have reviewed the minutes of the DDA's meetings since October of 2004. I have yet to see a discussion about sending something out for bid. I have yet to see a discussion saying these are the bids we received. I have yet to see a discussion this was the high bid. What I have seen, however, is for example, the DDA was already put on notice, criticized substantially in a report by the City accountant in 2002 and the situation hasn't changed. The DDA is obtaining services and equipment that would be required to come under the bidding requirements of the statutes, State Statutes, and the Code, but there's nothing being discussed about putting these out for bid. In fact, there was one instance, that I can recall, that took place in 2005 when the contract was being given to one developer or some entity, andl think it was for somewhere between 200 to $500, 000. There was no bid discussed about it, and about a month and a half later, there was a discussion: Well, we're not going to be able to have that contract go out because -- andl think I'm doing an accurate quote -- our partner, the City, requires that we put this out for bid. That's just one example. That is the only time I have seen any discussion about putting something out for a bid. Yet, I see -- when you look at the financial statements, for example, you have monies going to accountants, you have monies go to, presumably, attorneys since it says legal fees. I have yet to see any type of bid -- and again, I've gone through three years worth of these minutes. One of the accounting firms that -- in fact, the accounting firm that just did the annual report. There was no bidding, that I'm aware of that I can find any record of and in fact, based on my search of the matter, I don't even believe that accounting firm would qualify. In fact, I think it's prohibited from contracting with the City because this main partner is on a board in the City, and under a separate code -- a provision of the Code, specifically, I believe it's 2-611 and 2-612, somebody who qualifies on a board -- there's a whole list of individuals, types of individuals, or categories -- they cannot contract or do business with -- transact business with the City while they're on the board, or for a two-year period after they leave that board or leave that position, and how is it that, in that situation, you can be contracting out to somebody to do a annual financial report, one, without a bid, and two, by -- with a firm that the main partner -- in fact, I believe the only partner located in Florida, who is a CPA (Certified Public Accountant), is right now, today -- andl checked as of yesterday. Chairman Gonzalez: Commissioner Regalado, does that answer your question or -- City ofMiami Page 91 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: No, but -- Chairman Gonzalez: -- the answer is going to take another hour? Commissioner Regalado: Well, you know -- Commissioner Spence -Jones: I just want to -- Commissioner Regalado: -- what I'm listening here is really trouble, andl need the City Attorney -- Commissioner Spence -Jones: City Attorney. That's what I was going to -- Commissioner Regalado: -- I'm sure that somebody from the City Attorney's Office sits at the DDA, does it? Olga Ramirez -Sews (Assistant City Attorney): Yes, I sit at the DDA board. Commissioner Regalado: OK. Commissioner Spence -Jones: And you over -- Ms. Ramirez -Sews: My name's -- Commissioner Spence -Jones: -- see -- Ms. Ramirez -Sews: -- Olga Ramirez -Sews. I'm an assistant city attorney, andl am the attorney assigned to the DDA board. I cannot comment on the allegations that Ms. Carroll has just proffered because I don't know the facts. I am hearing -- Commissioner Regalado: But the DD -- excuse me. These are not allegations. She's reading the minute [sic], and she says that there is no bidding process. Do you know of a bidding process? Ms. Ramirez -Sews: I know the DDA has undergone bidding processes, RFP (Request for Proposals) processes; at times there have been waivers. DDA is subject to the City procurement code. We have had RFQs (Requests for Qualifications), RFPs, but you know, I don't -- Commissioner Spence -Jones: You can't speak -- Ms. Ramirez -Sews: -- recall specifically to that matter because I don't know the facts. Commissioner Regalado: But if you sit there, you are in the minutes. Ms. Ramirez -Sews: We -- DDA procures the services, yes. It goes through the procurement process. It's subject to it. Commissioner Spence -Jones: And you are part of the -- I guess what the Commissioner's trying to -- Ms. Ramirez -Sews: I am not part of the -- Vice Chairman Sanchez: We need to address these issues. Ms. Ramirez -Sews: -- procurement process. I am the attorney that sits on the board. I advise City ofMiami Page 92 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 the board with respect to matters that may require procurement. That's basically my function, and we do go through the procurement process. Commissioner Regalado: So what you say is that there is -- always, there is a procurement -- Ms. Ramirez -Sews: Where -- Commissioner Regalado: -- process -- Ms. Ramirez -Sews: -- applicable. Commissioner Regalado: -- the bidding process. Whoever bids better gets the contract. That's what you're saying. That's what -- Ms. Ramirez -Sews: I am saying -- Commissioner Regalado: -- you advise the board. Ms. Ramirez -Sews: Yes, where applicable, unless it is otherwise waived by the board. I don't know the specific example. Dana Nottingham: We -- Ms. Ramirez -Sews: Dana -- Chairman Gonzalez: Yes, sir. Mr. Nottingham: Dana Nottingham, executive director of the Downtown Development Authority. We have an extensive competitive bidding process. It's consistent with the City's procurement process. Even the contracts that she's talking about, the accounting firm, we did an extensive RFP process, selection process for the committee, and chose that consultant, so if you are looking at minutes, you're looking at minutes trying to connect some dots, but I will tell you we -- be very specific, and we'll come here and show you that we went through a competitive bid process, and to the extent anything was altered or waived, it was consistent with procurement practices that are sort of standard with the City. Ms. Carroll: Mr. -- thank you -- Chairman Gonzalez: All right. Ms. Carroll: -- Ms. (UNINTELLIGIBLE). The only time I saw in the minutes a waiver referenced was a waiver to -- at the time of signing the contract, which was the month after the board gave instructions to the executive director to negotiate the contract, so I'm not sure how you can claim a waiver by reason of an emergency a month after there has been instructions that you go out and negotiate, and again, it's my understanding that the actions of the board, of the DDA, are governed by the rulings, the vote of the board -- Ms. Ramirez -Sews: Mr. Chairman. Ms. Carroll: -- of directors, and there are -- these votes are not reflected in the -- Ms. Ramirez -Sews: Mr. Chairman -- Ms. Carroll: -- minutes. City ofMiami Page 93 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Madam -- Ms. Ramirez -Sews: -- may I please? Chairman Gonzalez: -- excuse me for a minute. Ms. Ramirez -Sews: The item before the board -- the City Commission today is an ordinance as to whether the City Commission will accept the recommendation of the board of directors of the DDA to adopt this ordinance, to enable it to implement certain bylaws that the DDA board approved. Commissioner Regalado: So what you're saying is we cannot discuss -- Ms. Ramirez -Sews: I am -- Commissioner Regalado: -- anything else about the DDA? Listen to me, the no bidding process have bitten this City Commission really hard, so this must be clear, and you know -- because whatever the DDA does reflects on the City and on the City Commission, and if by -- if there is a problem or something that, you know, no bidding, or whatever, we really need to know. Ms. Ramirez -Sews: Commissioner, I'm pointing out what the item is before the City Commission. I do appreciate that following the procurement process is an essential function. The question is whether this is the time, the forum, right now, without the documentation -- Commissioner Regalado: There's no better time than this one. Ms. Ramirez -Sews: Well, we don't have the documentation to be able to address -- Commissioner Regalado: Well, I mean -- Ms. Carroll: I've been trying to get it for three weeks. This -- I'm just going by whatl got about two months ago. I've had an outstanding request, and understand the City Attorney's Office is trying to get it, but I've been waiting three weeks. Vice Chairman Sanchez: Mr. Chairman, could -- Chairman Gonzalez: Yes. Vice Chairman Sanchez: -- we try to get this meeting in order, and not turn it into -- Chairman Gonzalez: I'm trying to. Vice Chairman Sanchez: -- a barn meeting? Chairman Gonzalez: I'm always trying to, but -- Vice Chairman Sanchez: Mr. Executive Director, I think that the question that's being asked is on the procurement and also on the audit, which I agree these are issues that are not in front of us, but to please one of my colleagues here, does the DDA comply with the procurements regulations? Mr. Nottingham: Yes, absolutely. Everything we do is competitively bid. Vice Chairman Sanchez: That's it. Do you -- are you audited every year? City ofMiami Page 94 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Nottingham: We are audited every year. Vice Chairman Sanchez: And how is your standing on your audit at the DDA? Mr. Nottingham: We have had excellent audits, no reportable conditions. Vice Chairman Sanchez: Thank you very much. Mr. Chairman -- Ms. Carroll: They had reportable -- Vice Chairman Sanchez: -- if the public hearing is closed -- Ms. Carroll: -- conditions for three -- Vice Chairman Sanchez: -- we could proceed. Ms. Carroll: -- years in a row. Commissioner Regalado: So we don't -- you wouldn't mind -- Ms. Carroll: Last year, they didn't. Commissioner Regalado: -- if we follow the history of this Commission of asking our auditor general, Victor Igwe, to look at your books in a way that Commissioner Sanchez wanted to do Community Development, for instance, and do a complete audit? Because what, you know, is being said, it's being said live and in color here, and -- so we need to clear anything that could have been said, so I don't know what is the procedure. Being this an agency, the Commission have to vote, as a body, to ask for an audit from the auditor general of the City ofMiami. Is that correct? Vice Chairman Sanchez: Mr. Chairman. Ms. Carroll: I found it. No, you do not -- under the Charter -- Mr. Regalado, the Charter specifically provides that the City -- the auditor general is an independent auditor; he has a broad auditing authority, and he can act at the request of the Commission as a whole, andl can -- I have a copy with you, because I was going to request an audit because -- Commissioner Regalado: Hey -- Ms. Carroll: -- the individual Commissioners can do it by the Charter, which was passed by the voters in November of 2001. Commissioner Regalado: -- I don't -- I'm waiting for the City -- Ms. Ramirez -Sews: Commissioner -- Vice Chairman Sanchez: Could we do something? Chairman Gonzalez: OK. Why don't we -- Vice Chairman Sanchez: Mr. Chairman -- Ms. Carroll: We can -- Chairman Gonzalez: -- vote on SR.1 and SR.2, and then you can make your motion to order the City ofMiami Page 95 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 audit [sic] general, whatever, and also, at the same time, make a second motion to have the Miami Herald included, as they are doing with Community Development? Ms. Carroll: With all due respect -- Chairman Gonzalez: Have both things. Ms. Carroll: -- that's letting the barn -- the horse out of the barn. Vice Chairman Sanchez: Wait. Ms. Carroll: I would suggest to you, defer this matter until you do the audit, because it -- they're not being hampered in the operation, but the City and the Commission's authority over it will be hampered if you make that change, butt have yet to hear one reason why there has to be this rush to take away your authority over this Commission. Commissioner Sarnoff Mr. Chairman, may I? I believe I saw a 2006 audit from Victor Igwe. I think I provided it to a couple of you. I don't know about all of you. I did not review that audit in detail, other than to read where he said it was, you know, an acceptable and you're running, I guess, correct accounting procedures. Ms. Carroll: That was not by Victor Igwe. Vice Chairman Sanchez: Commissioner, I'm glad you put that on the record. It was audited in 206 [sic]. Commissioner Sarnoff Right. I think -- Vice Chairman Sanchez: It just got an audit. Commissioner Regalado, you want another audited [sic]? I'm open for another audit, if you want. As the newly appointed chairman of the DDA, I just want to emphasize that, once again, the issues that are in front of us are not legal issues; they're policy issues. Now, we can debate here all day, and you know, go on till 2 o'clock in the morning, but this is very simple. I mean -- Chairman Gonzalez: No. The problem is -- Ms. Carroll: With all due respect, the Charter is not -- Chairman Gonzalez: --- that we cannot -- Ms. Carroll: -- a policy issue. Chairman Gonzalez: -- debate all night long because we have debated enough -- Commissioner Sarnoff Can I -- Chairman Gonzalez: -- and look at the agenda that we still have to go through. Commissioner Sarnoff -- just say a few things? Chairman Gonzalez: Yes, sir, of course. Commissioner Sarnoff I don't say very much. Commissioner Regalado: Always. City ofMiami Page 96 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff And by the way, even though this resides in District 2, I do see this as a citywide issue. The DDA should be considered a citywide issue, not just a District 2 issue. Let me just speak about policy, and let me just speak about, being very new to this board and being very new to being asked to look at an authority. I mean, when I walked up and down the streets andl saw a project that was done by the DDA or administered or -- let me use the right word -- scoped and designed, possibly? I -- Mr. Nottingham: We didn't execute that contract, Commissioner. Commissioner Sarnoff What's that? Mr. Nottingham: The DDA didn't execute the construction of what you're getting ready to say. Commissioner Sarnoff Well, I'm not prepared, from a policy standpoint, to take away or create only for cause withdrawals from the DDA. I think, from a policy standpoint -- I don't mean this, in any way, disparaging you, Commissioner Sanchez. You haven't been on that board very long, at all. Vice Chairman Sanchez: And not at all. As a matter of fact, just -- if you would allow to yield -- the recommendations in being proffered to us is either we could vote it up or vote it down. These are recommendations for bylaw changes that are presented to us. We, the legislative body, could say yea or nay to this. Chairman Gonzalez: Or nay. Vice Chairman Sanchez: It's that simple. Commissioner Sarnoff All I'm suggesting to the Commission is that when somebody comes before us and suggests that there should only be removal for cause, you should be so comfortable with that particular agency's historic performance that you see no need to ever be able to withdraw one of your persons that you've placed on that board, andl just don't think, from what I've seen of the DDA, that that's something -- from a policy standpoint, that that's what you want to do right now. You do not want to only create a for cause termination. For causes -- I don't mean to step on the City Attorney's feet here -- are very difficult ways to remove a person, and you're essentially creating a scenario where if you see something you don't like, there's very little you can do about it, and you are the governing body of the City ofMiami, and it reflects upon -- what they do reflects upon us, and what we do reflects upon them, andl think until a better established historic background is placed, I'm going to oppose this particular motion or this particular bylaw change because it's not a good practice, I think, based on the record that they have before us. Vice Chairman Sanchez: And that's perfectly fine, Commissioner. I respect that. There are three issues that'll be in front of us; we could take them up separately, and we can vote on them, and then you can vote -- and if you have a majority of the vote, then we don't amend the bylaws, but let's -- Ms. Ramirez -Sews: Mr. Chairman, as a point of clarification, that particular provision of the DDA ordinance that talks about the removal of board members, it says for cause: Upon the occurrence of an event that causes the member to cease to meet the qualifications, criteria set forth in the section, as otherwise provided by law. Provided by law could be insubordination. It would be arrested for a felony or for a misdemeanor or habitual -- Commissioner Sarnoff That's my point. City ofMiami Page 97 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Ramirez -Sews: -- drunkness [sic], and a number of issues, so that is cause, but the intent -- Commissioner Sarnoff Right. You're just -- Ms. Ramirez -Sews: -- of this particular section -- Commissioner Sarnoff -- proving my point, Madam City Attorney. Ms. Ramirez -Sews: Yes. Commissioner Sarnoff You're just proving my point. I mean, this Commission could take some -- that designated appointment off the board presently should they not follow the policy of that particular Commissioner. Ms. Ramirez -Sews: And it is our opinion, Commissioner, with all due respect, that if this Commission would take such action, and -- Vice Chairman Sanchez: They could remove. Ms. Ramirez -Sews: -- without any reason or any rationale whatsoever remove a board member, without any reason that it can be articulated, it is our position that it would be violating Florida Statutes. The fact, if you do not adopt this ordinance, you're not violating the law. You may -- you are free to adopt it or not. It is within your discretion, but it is our position that if you choose to remove a board member of a municipal board without any cause, without any reason, and without following the procedure, which is not onerous, it simply requires a resolution stating the reasons and an opportunity to be heard. Cause is whatever -- it's the articulated reason for the removal. Anybody can challenge anything, for that matter, but it is our position that if you follow what you propose, which would be to terminate a board member's tenure without any reason, you would be in violation of this statute. Ms. Carroll: And if that's state law, then you don't need to amend it, and I go back for the same point, why are we amending it to take away the authority and the scope of the power that you have right now? Moreover, the present requirement on the -- under the section -- Chapter 14 states, it's a final decision, and that changes things when all of a sudden, you've taken away that kind of language, because the courts are very mindful and follow the language of the legislation, and if you take away -- it's final, somebody's going to turn around and argue, well, they took it away; they must have meant something else because -- Commissioner Sarnoff Well, I -- Ms. Carroll: -- they presumed that there was a purpose in the legislation or the repeal of legislation just as much as they assume there's a purpose when you en -- positively enact legislation. Vice Chairman Sanchez: Commissioners -- Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff Go ahead. Vice Chairman Sanchez: I -- Chairman Gonzalez: Yeah, go ahead. Go ahead. Commissioner Sarnoff I happen to agree with what she's saying. I mean, if the law is the law, City ofMiami Page 98 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 then so be it, but to incorporate it into your bylaws, I don't think you need to do that, andl don't think, for the record, that's a wise decision. Any rate, I've said, policy wise, I don't accept, with all due respect, any of the statements you've made in terms of violating Code and Charter. Although, I would hope the City Attorney would look into it. When I saidl don't accept it, for purposes of my vote, I won't accept that it's true, other than I think it's an allegation that's worth looking into. Ms. Carroll: I believe the fact that they have separate bank accounts from the City accounts, and since the Charter specifically says -- and I'll read it to you -- Section 27, the -- all funds are supposed to be under the control of the director of Finance. That's not -- you know, that's black and white, and when you look at the minutes of the meeting, for example, I couldn't figure out why the board of directors are giving the executive director an instruction: close out all of the bank accounts; open up new accounts with the same bank, and they do that three different times in the span of 18 months. When I -- I mean, that just -- that -- there may be a reason, but it certainly wasn't discussed, andl couldn't understand it on the minutes. Commissioner Sarnoff OK. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Chairman Gonzalez: Can we vote on the item? Vice Chairman Sanchez: Yes, absolutely. Chairman Gonzalez: I mean -- Commissioner Spence -Jones: Yes. I just -- before -- I -- want to go ahead and vote. I do want to, at least, respect the executive director that has done actually a fantastic job with the DDA, andl hope, at the end of this, you know, you guys can sit down and work through whatever the differences are, but Dana, I really would like to hear for you -- I would like for you to, at least, put on the record -- at least respond to her statement regarding the -- Ms. Carroll: And I'm not making any accusations -- Commissioner Spence -Jones: Yeah. Ms. Carroll: -- of the -- Mr. (UNINTET,T IGIBLE) -- Commissioner Spence -Jones: I just want to make sure. Ms. Carroll: -- I don't mean to suggest that, at all. Commissioner Spence -Jones: You know, I'm -- I just had to put it out there, OK. Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Can you, at least, before we vote on the item -- Mr. Nottingham: Sure. Commissioner Spence -Jones: -- just respond to her direct statement on that issue of why you feel -- why the board feels there's a need to change that? City ofMiami Page 99 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Nottingham: Well, when you look at the DDA, its mission and its purpose and its contribution to this City, and you look at its board and our desire to get industry leaders in development, in property management, in different disciplines, and so forth, and to have such a board and to keep them together and to do business does, you know, require that you operate a little different than if you were just a small organization, so we have to do business -- for example, in terms of quorum, I mean, we have, you know, five as a quorum, but you have to have nine in the room or on the phone to do business; we do that. We have board members that get up at 4 o'clock in the morning to make the call to do business. We're a tightly -run organization. We're com -- everything we do is competitively bid. I have no idea what you're talking about. You let me know what contract you're talking about. I do not have any kind of authority to sign contracts. Every contract is approved by the board or is within an approved budgeted line item. We have had a trail of excellent audits, and we operate with a lot of scrutiny with our board. We're in the process of reorganizing. We've been doing this -- the bylaws is important piece of our reorganization. The board looked at itself, OK, and proactively looked at itself and say, OK, going forward, how do we broaden participation? The board imposed term limits on itself OK, and so, yeah, we know the tenure of every person on our board, but we also know the board is not just looking at today; they're looking at in the future, and we're -- the board has reorganized itself, its recruited new board members. It has restructured its program committees. It's figured out how to build more capacity in the organization to implement our master plan and to reorganize to work more effectively with our partners. Commissioner Spence -Jones: OK. I just thought that it was important for you -- Mr. Nottingham: Thank you. Commissioner Spence -Jones: -- to, at least, put something on the record because there was a lot said -- Mr. Nottingham: There was a whole lot said. Commissioner Spence -Jones: -- and I really would not want you or your team to leave without, at least, putting that -- I mean, he has done an outstanding job over there at the DDA, so I would hate for that to be left out there like that. Chairman Gonzalez: All right. SR.1, is there a motion? Vice Chairman Sanchez: Mr. Chairman, I would make the motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. Vice Chairman Sanchez: But before we do that, I just want to take the time to respond to some of these things because I think it's important. Let me make this very clear. This is not my legislation. This is the DDA's legislation. As the executive director stated, it is going through a transition, and the fact that I have been the newly appointed chairman, I'm just simply being the facilitator here, OK. As you know, the DDA board voted to amend its bylaw in 206 [sic] for the purpose of cleaning up language and the things that are going to be put on the record -- that I'm going to put on -- and for my consistency between the amended law and the ordinance itself. This item has been deferred three times, basically, because two constituents who have asked for information, and we -- and when I say we, the executive director and DDA have provided all the information necessary, and believe we've acted in good faith, and know they've requested more documents on this matter. The DDA has the right to amend its bylaws. It brings its recommendation to this legislative body for approval or denial; simple as that. All they're asking is for you to accept the recommendations that they're giving, and these recommendations City ofMiami Page 100 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 are policy issue, not legal issues that have been presented as to whether it's a municipal board or not. That's a legal issue. That's another battle for another day at another venue. Three simple things that are being presented to you today to vote either up or down at your discretion. One is the term limits; two is to provide notice and due process to board members; three is to clean up an outdated ordinance as we are going through transitions at the DDA. Now, City Commission has a right to approve these changes, irrespective of whether the board is a municipal board or not. The main issue that's in front of us today for discussion by Ms. Carroll is a question of whether the DDA's a municipal board or not. There's a legal issue pending. I'd like to hear from the City Attorney and the City -- and the attorney that sits at the DDA, which have both made recommendations that we are a municipal board -- Ms. Carroll: With all due -- Vice Chairman Sanchez: -- and it's on the record. Ms. Carroll: -- respect, Commissioner. Vice Chairman Sanchez: Ma'am. Ms. Carroll: I haven't said a word about a municipal board or not being a municipal board. Vice Chairman Sanchez: Well, that was arguments that have -- that were made, so on that issue in itself, and ma'am, I would -- public hearing is closed at this time, so based on the facts that have been presented to us here today, the DDA has a right to amend the bylaws, subject to City approval. That's an issue, OK. The DDA's attorney, as well as the City Attorney, has given legal -- a legal recommendation as to being that we are in compliance. Second, the position the City Attorney has taken on the legal opinion, on matter 0707, basically states that the legal opinion is that they are within the scopes of their duty, and therefore, based on these facts and arguments that have been presented here, I ask this Commission to vote these issues so the DDA can continue to move forward, so the motion has already been made, andl believe there was a second for the record. Chairman Gonzalez: All right. We have a motion, and we have a second, and it is an ordinance, isn't it? Ms. Ramirez -Sews: Yes. Vice Chairman Sanchez: On second reading. Chairman Gonzalez: On second reading. Read the ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Olga Ramirez -Se has. Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner San -- I'm sorry -- Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? City ofMiami Page 101 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 3/2. Vice Chairman Sanchez: Mr. Chairman, ifI may, and while I believe that every citizen has a right to ask as public information, and I think that the DDA itself will provide any information you want, Ms. Carroll. You have requested close to about a hundred documents for the last seven years of the DDA, and what would respectfully request is that you be a little specific so we could be able to assist you in what you want to accomplish because, basically, obtaining all those documents is not only going to take time, it's also going to take a lot of resource, and therefore, Mr. Executive Director -- Madam Clerk, what is the ongoing rate for a copy of documents, staff hours, to put all those documents together, to provide to the law firm of Ms. Carroll? Ms. Thompson: According to the state statute, under the Public Records Law, for each page that they request, it's 15 cent [sic] a copy for one-sided; 20 cent [sic] a copy for double -sided. You can also charge, under the state statute, as well as under our Code, an extensive research fee. That fee kicks in after 20 minutes, more than 20 minutes research, and it's based upon the salary of the individual, the hourly salary of the individual or individuals performing the research for whatever time it takes. Also, we can request full payment of the estimated cost before we even start the research. Vice Chairman Sanchez: Let me just, for the record -- Ms. Carroll: I'm familiar with that -- Vice Chairman Sanchez: -- so, Mr. Executive Director, you know and my colleagues know what Ms. Carroll has requested, and you determine whether it's reasonable or not. Ms. Carroll, or her law firm, has requested all minutes of the DDA board of directors from FY '1 to FY '4, an annual budget report by the DDA or annual budget approved by the DDA board of directors from FY '1, '2, '3, '4, '5, '6 and '7; the DDA's audited financial statements for FY '1 FI [sic] '2, and FI [sic] '3. She's also requested inventory of all equipment property in -kind donations made by the DDA during FY '1 through FI [sic] '7; a copy of all ground lease, premise lease, and interlocking [sic] agreements that were signed on or about April 22, 202 [sic], at which pertain to the construction, development, and operation of the Downtown Miami Charter school; 6, all ledger of -- all general ledgers of the DDA, preferably on disks, from FY '1 through FI [sic] '7 up to date; an annual report of the DDA for FY '1 through FI [sic] '7 up to date, and there's more. I mean, it's -- we want to help -- we want to do everything we can within our power to get all the documents for her, but I just want to put on the record that these are a lot of records that we're going to have to be putting together for you; 8, all resolutions of the board of directors of the DDA during FY '1 through FI [sic] '7 up to date; the DDA's list of all approved contracts, vendors, senior market advisors during FY '1 [sic] through FI '7 up to date; a copy of all IRS (Internal Revenue Service) W-3s and IRS 1098s covering all payments by the DDA to employees, consultants, and/or independent contractors for calendar years 2000 to 206 [sic], and l just wanted to put that on the record because, you know, it seems that it's a lot of documents for us to get all this information for her -- City ofMiami Page 102 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 SR.2 06-01775 Downtown Development Authority Mr. Nottingham: Yes. Vice Chairman Sanchez: -- so let's do whatever we can so we could facilitate and get her all the documents on a reasonable time. Mr. Nottingham: We will. Vice Chairman Sanchez: And now you know the rates. Mr. Nottingham: Yes. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Very well. 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 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 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado (SR.2) 06-01775a District 4- Commissioner Tomas Regalado 12906 Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE AUDITOR GENERAL TO CONDUCT A FINANCIAL AUDIT OF THE DOWNTOWN DEVELOPMENT AUTHORITY. Motion by Commissioner Regalado, 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-07-0232 Chairman Gonzalez: SR.2. City ofMiami Page 103 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: SR.2. Vice Chairman Sanchez: So move. Olga Ramirez -Sews (Assistant City Attorney): It's an ordinance of the Miami City Commission amending Chapter 2, Article -- Priscilla A. Thompson (City Clerk): I'm sorry. Protocol, I have a motion but no second. Before you reading -- Commissioner Spence -Jones: I don't -- you still -- it's a public hearing, right? I mean -- Ms. Thompson: She's reading the ordinance. Grace Solares: It is a public hearing. Commissioner Spence -Jones: I know that, but -- Chair, you -- Chairman Gonzalez: Yeah. He made a motion; you need to second it, if you're going to second it. You're going to second it? Commissioner Spence -Jones: I'm going to second it, but I -- Chairman Gonzalez: OK, second it. Commissioner Spence -Jones: -- want to allow for her to have the opp -- Vice Chairman Sanchez: And then it opens up for discussion. Chairman Gonzalez: Second the motion. Commissioner Spence -Jones: OK. Chairman Gonzalez: OK. Ms. Solares: Yeah. Chairman Gonzalez: We have a motion -- Ms. Solares: Commissioner -- Chairman Gonzalez: -- and we have a second. It's a public hearing. Yes, ma'am. Ms. Solares: -- you know, Commissioners -- my name is Grace Solares, 60 Southwest 30th Road. I -- Chairman Gonzalez: You have five minutes to -- Ms. Solares: Huh? Chairman Gonzalez: -- speak on the item. Ms. Solares: OK. Very short. Chairman Gonzalez: OK. City ofMiami Page 104 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Solares: OK. Objections, very strong objections to these changes, specifically. There is no need, I submit to you, to change it. This is -- you're making changes to the foundations of the standards for all boards. We have in the ordinances and the Code, when you want certain portions of the standards of boards not to apply to a specific board, what you do is you send in an amendment just to that board that you want to make the changes to and you say, by the way, the standards that rule all boards will not be applicable to the DDA (Downtown Development Authority). That's what you can do, instead of changing this en -- the entire standards, which will have an impact on all boards in the city, so if you want to change it just for the saying the DDA will not have to abide by 2-885, 86, 87, that's exactly what you should do, but not make it like we're going to change everything for every board, and that's exactly what you're doing here, so we object to that, Commissioner Spence -Jones, Gonzalez, Sarnoff, Regalado, and Commissioner Sanchez. Please don't change it. Just change it applicable to the DDA, but not to everybody else. Thanks. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: All right. Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to make sure that -- and l just want anyone else to chime in from -- on Grace's point, and her point is this one particular change should not affect the rest of the boards that we do have. Does anybody have any comments on that, at all? Vice Chairman Sanchez: No. I think the City Attorney addressed that. Commissioner Spence -Jones: City Attorney, please. Vice Chairman Sanchez: Her statement's in the record. Commissioner Spence -Jones: Because I want to, at least, be able to address Grace's point. Ms. Ramirez -Sews: Sure. This proposed amendment basically says, on Chapter -- Section 2-884, or as otherwise specifically provided in the Charter or in the Code. It's not addressing DDA. It is claming that the general standards are not applicable where specific law controls. It doesn't mention DDA, except with respect to the quorum requirement. It shows which boards are subject to a different quorum requirement, and it has Audit Advisory Board, Bayfront Park, Coconut Grove Special Events, Equal Opportunity Advisory Board, Mayor's International Council, Parking Advisory, et cetera, and it is adding DDA. It is also adding the Miami Sports and Exhibition Authority because in revising this ordinance, we notice thatMSEA (Miami Sports and Exhibition Authority) was subject also to a separate -- different quorum requirement, so this is not a law that -- an amendment that is intended to address DDA, but to clarify that this section has some exceptions that are caused by other provisions in the Code, the Charter, or state law. That's really what it does. Commissioner Sarnoff I'm sorry, so you're saying it's an inclusion versus an exclusion? You're saying that -- Commissioner Spence -Jones: It's an inclusion. Commissioner Sarnoff -- these -- the following boards you listed are now boards subject to these quorum requirements? Ms. Ramirez -Sews: Yes. Well, they have already been there. The ones that we are adding now is the Downtown Development Authority and the Miami Sports and Exhibition Authority, but when you take a look at it, there're approximately 12 boards that are exempt from this provision, City ofMiami Page 105 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 which is -- Vice Chairman Sanchez: So it's an inclusion. Ms. Ramirez -Sews: -- claming -- Commissioner Sarnoff Right, right. Ms. Ramirez -Sews: -- two that are now subject to it. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Madam City Clerk. I'm sorry. Ms. Ramirez -Sews: I'm -- I need to read -- Chairman Gonzalez: Madam City Attorney, read the ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Olga Ramirez -Se has. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. Vice Chairman Sanchez: Mr. Chairman, I want to thank you for your patience, andl also want to take the opportunity to thank the DDA executive director and the board members. Could you please stand up, board members that are here in representation? Thank you so much for coming, and thank you so much for what you do for this City. I really appreciate it. Thank you. Chairman Gonzalez: All right. SR.3. Commissioner Regalado: Mr. Chairman, I still have the -- is it a resolution to ask for the audit. Chairman Gonzalez: Oh, yeah. Go ahead. City ofMiami Page 106 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: A resolution by the City Commission to request the auditor general to audit Downtown Development Authority. Jorge L. Fernandez (City Attorney): Yeah. Mr. Chairman, just as a point of reference, the Charter is clear that that could be the subject matter of the entire Commission taking a vote or of an individual Commissioner -- Chairman Gonzalez: Well, in this case -- Commissioner Regalado: I'll do it. Chairman Gonzalez: -- the Commissioner is the one that is asking for it, so you know, he can ask for it. I mean, an auditor [sic], right? Commissioner Regalado: I'll -- so I'll do it. Chairman Gonzalez: He doesn't need a vote, does -- Mr. Fernandez: Well, it's his choice. If he would like for -- Commissioner Regalado: No, no. Mr. Fernandez: -- his other four colleagues to join him, he can do it, or if not, he can do it on his own. Commissioner Regalado: No, no, no, no. I can do it on my own. That's it. Vice Chairman Sanchez: Well, but on the issue -- andl will support an audit, but this -- they were just audited in 206 [sic]. I mean, what's the sense of auditing in 207 [sic]? Chairman Gonzalez: Well, let's -- Commissioner Regalado: The Community Development was audited two years ago -- Vice Chairman Sanchez: Well, I -- listen -- Chairman Gonzalez: Yeah. That's the pleasure of the Commission. Commissioner Regalado: -- and you ordered an audit. Vice Chairman Sanchez: -- I'm all for it. If you want to make a -- Chairman Gonzalez: OK. How do you want to do it? Vice Chairman Sanchez: -- motion, I will second the -- Chairman Gonzalez: Do you want to do it yourself? Vice Chairman Sanchez: -- purpose for -- Chairman Gonzalez: You want to put it to a vote or --? Commissioner Regalado: I think -- put a -- let's put it to a vote. I mean -- Chairman Gonzalez: All right. OK. We have -- City ofMiami Page 107 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: -- it's much better. Chairman Gonzalez: -- a motion to ask for an audit of the DDA. Is there a second to that motion? Commissioner Sarnoff I'll second it. Chairman Gonzalez: There is a second to the motion. All in favor, say "aye." Madam City Clerk, will you do a roll call, please? Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The resolution is passed, 5/0. Chairman Gonzalez: You know, I wish things -- Dana Nottingham: Thank you. Chairman Gonzalez: -- were different here. I mean -- Vice Chairman Sanchez: But -- Chairman Gonzalez: -- things have been taking a real bad -- Vice Chairman Sanchez: -- you know, it's sad when you have two people -- Chairman Gonzalez: -- you know, it's -- Vice Chairman Sanchez: -- that come in front of this Commission -- Chairman Gonzalez: -- things are getting -- Vice Chairman Sanchez: -- and make accusations and it's just sad, but -- Chairman Gonzalez: -- very, very personal at this Commission meeting -- City ofMiami Page 108 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 SR.3 07-00263 District 2- Commissioner Marc David Sarnoff Vice Chairman Sanchez: -- you know. Chairman Gonzalez: -- and let me tell you. I haven't seen that in years, but it's starting to look - Vice Chairman Sanchez: It's political cheap shots, but -- Chairman Gonzalez: -- it's a shame. It's really a shame. I mean, but I -- anyways, you know, I try to stay away as much as I can out of that. Vice Chairman Sanchez: Thank you so much for coming; appreciate it. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE III/SECTION 40-61, OF THE CODE OF THE CITY OF MIAMI, 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 Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez 12907 Chairman Gonzalez: All right. SR.3. SR.3. Anyone to speak on SR. 3? All right. It's amending Chapter 40, entitled "Personal" [sic], by amending Section 40-61, giving elected officials authority to determine the salary and tenure of their respective staff. That's from Commissioner Sarnoff. Commissioner Sarnoff Correct. I'm sorry. Chairman Gonzalez: You want to make a motion, sir? Commissioner Sarnoff I do, sir. Vice Chairman Sanchez: Which one is that one? Commissioner Spence -Jones: Yes. I just want to -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- just make a friendly amendment to it, if you don't mind? Vice Chairman Sanchez: Which one is that one? Commissioner Spence -Jones: This is the Commissioner's staff compensation. I think that we have, at least, come to a resolution on what needs to happen from an administration standpoint, but I'd like to offer a friendly amendment to reflect what was understood from the last discussion City ofMiami Page 109 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 with the Commission regarding the establishment of a bonus policy that is separate from the administration's policy, but consistent with the state law. I believe we had had a conversation regarding this, Ms. Bru, andl think she's going to elaborate on it, but this simply states that the Commissioners have an established policy for how bonuses are awarded. This has nothing to do with departing bonus pay; this still comes back to the Commission. This focuses only on making sure we comply with state statute, so I just want Julie to elaborate on it. Nothing against what Rosalie or what staff is doing, but I do think that each one of us, from a Commission standpoint, our staffs do something totally different, and it's very different for them to evaluate kind of what happens within our offices, so I'd like for you to elaborate on it first. Julie O. Bru (Deputy City Attorney): Members of the Commission, I believe that you have before you a revised ordinance Commissioner Spence -Jones: Yes. Ms. Bru: -- from the one that was prepared as part of the package, and the reason why it was revised is because we're just clarifying the issue of the bonuses. State law does authorize municipalities to give bonuses to employees whose performance is outstanding and exceeds standards, and there was some ambiguity on first reading in the ordinance as to what procedure or criteria the members of the Commission would use in evaluating their particular staffs, and you made it very clear, as a Commission, that you wanted to have your own criteria, not to fall under the criteria that the Manager may adopt for their -- the employees that the Manager has under his departments, so we clamed it by just providing that the Commission -- the staff members of the Commission can receive a bonus, and then we strictly track the state language to provide that only under circumstances where their performance is outstanding and that it would be something that would not be carried in their base pay, and it would just be a one-time payment. Chairman Gonzalez: Yeah, but ifI remember correctly, Commissioner Sarnoff had an issue -- Commissioner Sarnoff Right. Chairman Gonzalez: -- that any Commissioner leaving office will spend the budget of the office in bonuses. Ms. Bru: Oh, Mr. Chairman, that remains in the ordinance. Commissioner Spence -Jones: Yeah, that's still there. Ms. Bru: That was not changed. Commissioner Sarnoff It's right here. Commissioner Spence -Jones: That's still there. Chairman Gonzalez: So it's protecting -- Commissioner Sarnoff So -- Ms. Bru: Correct. Chairman Gonzalez: -- what the Commissioner wanted? Ms. Bru: Yes -- City ofMiami Page 110 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Yes. Ms. Bru: -- yes, yes. Commissioner Spence -Jones: They're not going to (UNINTET,TIGIBLE). Chairman Gonzalez: All right. Then I have no problem, you know. All right. Commissioner Spence -Jones: I'm just saying while they're working here. Chairman Gonzalez: All right. We need a motion on it. Rosalie Mark (Director, Employee Relations): May I make a comment, please? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: Yes, ma'am, of course. Ms. Mark: Rosalie Mark, director of Employee Relations. The only caution is that these are still City employees that you're going to be providing bonuses for, and I'd strongly suggest there be some form of written acknowledgment as to why the bonus is being given, so if we're ever questioned about it, we have something we can refer to. Commissioner Spence -Jones: And Rosalie, if there's any way possible -- I understand that, based upon our briefing with Julie, where she's going to look at other -- Ms. Mark: We can -- Commissioner Spence -Jones: -- policies that are used, and we can work -- Ms. Mark: Right. Commissioner Spence -Jones: -- along with you on doing. Ms. Mark: Right. Commissioner Spence -Jones: That's not an issue. Ms. Mark: That's great. Ms. Bru: Yeah. My recommendation would be that you work with both the Personnel Department -- Commissioner Spence -Jones: Yeah. Ms. Bru: -- and the Law Department -- Commissioner Spence -Jones: Just to create something -- Ms. Bru: -- to come up with a criteria [sic] -- Commissioner Spence -Jones: -- separately for us. Ms. Bru: -- that is fair. City ofMiami Page 111 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff What the City -- what each City Commissioner needs to have is a set of objective criteria -- Ms. Bru: Criteria. Commissioner Sarnoff -- in their office, so they'd check the boxes in that criteria [sic], to keep a written record so that if you're ever challenged as to why you promoted a bonus for your employee that you have a written objective record as to why that -- Chairman Gonzalez: Have an evaluation process. Commissioner Sarnoff Right. Ms. Bru: And we can help -- Commissioner Sarnoff That's all it is. Ms. Bru: -- draft -- Commissioner Sarnoff That's all it is. Chairman Gonzalez: That's all it is. Ms. Bru: -- that policy. Commissioner Sarnoff As opposed to a subjective, I'd like them -- right. Chairman Gonzalez: Exactly. It's not a big deal. Commissioner Sarnoff It is not. Chairman Gonzalez: I mean, you know, andl believe and agree that we should have our own. I mean, you know, our employees should not be submitted to the same thing that the City employees because City employees are going to be here for "X" amount of years; they're going to be entitled to a retirement -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- to many, many things that our staff are not going to have that opportunity. Commissioner Sarnoff Right. Chairman Gonzalez: The day that we leave, our staff is leaving, too, so you know; that after ten years, they'll be leaving empty-handed. Commissioner Sarnoff I thinkFrank's here forever. Chairman Gonzalez: Huh? Commissioner Sarnoff I thinkFrank's here forever. Chairman Gonzalez: No. Frank is all right. Frank is already retire. Vice Chairman Sanchez: Frank's not the problem. City ofMiami Page 112 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Frank is not the problem. Frank is already, you know, taken care of. All right. Commissioner Sarnoff I'll so move, Mr. Chairman. Commissioner Spence -Jones: Second -- Chairman Gonzalez: All right. We have a -- Commissioner Spence -Jones: -- with a -- with the amendment. Chairman Gonzalez: -- motion, and we have a second. Would you read the ordinance, please? Ms. Bru: Yes. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. Vice Chairman Sanchez: I just want to be the skunk at the family picnic on this one. Ms. Thompson: I'm sorry? Vice Chairman Sanchez: I just wanted to be the skunk at the family picnic on this one. Ms. Thompson: And let -- Chairman Gonzalez: SR.4. Commissioner Spence -Jones: Yeah, you were. Ms. Thompson: -- we'll let the records reflect that it is modified. City ofMiami Page 113 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 SR.4 07-00328 District 2- Commissioner Marc David Sarnoff Commissioner Sarnoff He's simply the contrarian. Commissioner Spence -Jones: I'm sure your team under -- ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICILE XI "BOARDS, COMMITTEES, COMMISSIONS", DIVISION 17 "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. 07-00328 Legislation .pdf 07-00328 Cover E-mail.pdf Motion by Commissioner Sarnoff, 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 12908 Chairman Gonzalez: SR.4. Commissioner Sarnoff Oh. This is, Mr. Chairman, an ordinance of the City ofMiami, amending Chapter 2, Article VI [sic], boards, committees, commissions, division 17, the Coconut Grove Business Improvement Committee, the BIC, of the Code of the City ofMiami, as amended, to amend Section 2-1252, membership, qualifications, terms of office, vacancies, offices, parliamentary procedures and rules of procedure; meetings; quorums; voting, attendance requirements to said Code. It has a repealer provision. It was discussed on first reading, andl don't think there was a problem, so I would -- Chairman Gonzalez: OK. Commissioner Sarnoff -- so move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second, and Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: The Commissioner -- Mr. Fernandez: It's an ord -- Chairman Gonzalez: -- already read the ordinance -- City ofMiami Page 114 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Fernandez: Yes. Chairman Gonzalez: -- so -- Commissioner Sarnoff I was trying to help him. Chairman Gonzalez: Now he wants to read it again. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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 on second reading -- Chairman Gonzalez: All right. Ms. Thompson: -- 5/0. City ofMiami Page 115 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 FR.1 06-02031 Department of Economic Development ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES," TO (I) AMEND THE DEFINITIONS OF NEW AND EXPANDING BUSINESSES, (II) AMEND SCOPE AND TERMS OF EXEMPTIONS, AND ELIGIBILITY REQUIREMENTS, AND (III) PROVIDE FOR ABATEMENT OF PERSONAL PROPERTY TAX ON BUSINESSES LOCATED IN THE COMMUNITY REDEVELOPMENT AREAS LOCATED WITHIN THE ENTERPRISE ZONE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING THAT THE AMENDED ORDINANCE SHALL APPLY AS OF THE ORIGINAL EFFECTIVE DATE OF THIS ARTICLE V, CHAPTER 56 OF THE CITY OF MIAMI CODE. 06-02031 Legislation FR/SR.pdf 06-02031 Summary Form FR/SR.pdf 06-02031 Background FR/SR.pdf 06-02031 Enterprise Zone Boundaries FR/SR.pdf Motion by Commissioner Spence -Jones, 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 Commissioner Spence -Jones to the Administration of the need for the Department of Economic Development to promote and market to the benefit of local business participation in the ad valorem tax exemption for enterprise zone businesses, and to include a plan in the marketing program to allow local businesses to benefit from same. Chairman Gonzalez: FR.1. Vice Chairman Sanchez: All right. I got the dais [sic]. Let's go. Ready? Lisa Mazique (Director, Economic Development): Good afternoon, Commissioners. Vice Chairman Sanchez: Let's make up some time. Ms. Mazique: Lisa Mazique, director of Economic Development. We're here today with FR.1 to propose changes to our tax abatement program. The most distinct changes we are making -- this is due to -- the program has been stalled since the voters voted on it by referendum because there have been some problems with the legislation. When I first came, you all voted to remove the Economic Development Authority from the legislation because it was a defunct entity. We realize that, beyond that there were some other steps needed to be taken, as the County was having a difficult time processing our applications due to the requirement that been legislated to tie the amount of jobs to square footage. We're hereby asking that that requirement be moved -- removed, and that we, for years 1 through 5 -- 50 percent of the abatement gets calculated different ways: Fifty percent, years 1 through 5; year 6, 40 percent; year 7, 30 percent; year 8, 20 percent; year 9, 10 percent; year 10, and 10 percent. The maximum amount of abatement will be ten years. That does not change, and we also provided some details, just to give you an idea of the applications that we had in the HOPWA (Housing Opportunities for Persons with AIDS); they're not approved applications, but yet, those are the ones that we've received, and we are awaiting to have them evaluated by the County. Once that evaluation happens, we review it, City ofMiami Page 116 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 and we come back to you to ask you for approval, based upon our recommendations, when the Manager comes back to you and we submit to the Manager. Commissioner Regalado: When did the voters approve this? Ms. Mazique: This is 2002. Commissioner Regalado: So it's been five years since the voter -- I remember, it was -- was it 78 percent of the votes? Ms. Mazique: Yes. It was a overwhelming vote to have the program installed. Commissioner Regalado: My point -- so it's been, just for the record, almost five years, right -- Ms. Mazique: Yes, sir. Commissioner Regalado: -- since the voters changed the Charter? Ms. Mazique: Yes, sir. Commissioner Regalado: No one has challenged the delay in court, yet? Ms. Mazique: Not at this time. We have been communicating to the applicants that we were working to make sure that the changes could be made so the applications could be properly evaluated and they could be appropriately noticed, which is why we are here today to effectuate these changes. Commissioner Spence -Jones: Lisa, will these people, the individuals that have already applied for the -- applications have -- completed the application, will -- is it retroed [sic] back or how is it handled? Ms. Mazique: Provided they're approved, they will be retroactive. Commissioner Spence -Jones: OK. Also, Lisa, I looked at the list of the -- I'm hoping that, as we go forth, that, at least, there's some means of communicating to a lot of the small businesses in the area that this is available to them -- Ms. Mazique: Absolutely. Commissioner Spence -Jones: -- because most of the folks that saw on that list were all major companies or corporations -- Ms. Mazique: Agreed. Commissioner Spence -Jones: -- that are going to be benefiting from it that probably just had the knowledge or were -- or somebody on staff or -- had been communicated to them that, you know, this is something that they could definitely apply for and eventually, it will come to them. I would definitely want to make sure that economic development does something to really promote and market, or at least, let people know in those neighborhoods where the enterprise zones are that this is available to them also, because I really do believe the smaller businesses in our communities can really benefit from this, so I'm hoping that you do have a plan also attached to, you know, this particular item that will allow for the local businesses to benefit from it. Big corporations are great. You know, we're glad that they're, you know, taking advantage of it, but at the end of the day, it's really about our small businesses that keep our neighborhoods going, so I would really want to make sure that that's included. City ofMiami Page 117 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: FR.1 is an ordinance on first reading. Any other questions? If not -- when this was created, did your department reach out to the entire district? Did you go out to the NET (Neighborhood Enhancement Team) offices and major employees [sic] in the City? Ms. Mazique: Regrettably, obviously, these applications had been underway before my coming to the department, and our reticence to continue to promote the program has been because of the delay, but we do have a means to go out and remarket, provided we pass, because we now have the access program, which is a small business development component, so we want to be very aggressive, but it's been difficult to promote the program because it's being stalled; it's already been legend, and you know, unfortunately, it's hard to get folks excited about a program that is being rumored to be pretty much in the mud, so we definitely will work with NET and all other small business entities, too. Vice Chairman Sanchez: I was just amazed that only one business in Little Havana -- Commissioner Spence -Jones: And that's -- Vice Chairman Sanchez: -- applied. I mean -- and -- Commissioner Spence -Jones: They didn't know about it. Vice Chairman Sanchez: -- it's like the lottery. If you don't buy a ticket, you can't win it -- Ms. Mazique: Oh, agreed. Vice Chairman Sanchez: -- but when you see things like this, and you have areas that are up and coming, I just -- you know, maybe next time around, there is more of a citywide approach to try to get businesses to come onboard. Ms. Mazique: Well, no -- I mean, again, staff is following up that, you know, the County issue had not been resolved, and this had been well communicated through communities, but we would like to take the opportunity to work with every Commissioner's district to go to any meetings where you think that this information would be of value so we could better promote the program. Vice Chairman Sanchez: All right. Listen, it's -- as I stated, you know, people have to -- people need to be aware of the programs. People need to go and apply. Ms. Mazique: Agreed. Vice Chairman Sanchez: It's like the lonely; you got to buy a ticket to win. Ms. Mazique: Yes, sir. Vice Chairman Sanchez: All right. Any further discussion on the item? If not -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Motion is made by Commissioner Spence -Jones, second by Commissioner Regalado. No further discussion. Was there a public hearing on this? City ofMiami Page 118 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 FR.2 07-00440 District 2- Commissioner Marc David Sarnoff Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Sanchez: And was it closed? Mr. Fernandez: You -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- invite the public. Vice Chairman Sanchez: There's a public hearing. Anyone from the public wishing to address this issue, please step forward Seeing none, hearing none, the public hearing is closed, coming back for a vote. It's a ordinance on first reading. Mr. City Attorney, read the ordinance for 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. Vice Chairman Sanchez: Next item -- Ms. Thompson: The ordinance has been passed on first reading -- Vice Chairman Sanchez: Commissioner Sarnoff, it's your item. Ms. Thompson: -- 4/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/IN GENERAL," BY ADDING A NEW SECTION 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), THE DETAILS OF 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 DEFINITIONS AND PENALTIES FOR NON DISCLOSURE; CONTAINING A SEVERABILITY CLAUSE; A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 07-00440 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Vice Chairman Sanchez: FR.2. It's on first reading. City ofMiami Page 119 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 FR.3 07-00488 City Manager's Office Commissioner Sarnoff This is our ordinance -- this is the draft ordinance that we resolved concerning disclosure. When a person comes for -- before one of our -- any board in the City of Miami, they have to have the details of any consideration provided or committed, directed [sic] or on its behalf, for an agreement to support or withhold an objection to the requested relief approval per application. We passed this as a resolution. This is the first ordinance to that effect. I strongly urge -- I think you've seen some of the benefits to it, andl think it will at least give us all the information that we can have in our possession before we vote to understand why a person comes before a board and says what they say. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll so move. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion. There's a second. The motion is made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones. It's an ordinance on first reading. Let's open to the public. 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. 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: All right. 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, 5/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS," BY ADDING NEW CODE SECTIONS CREATING A DEPARTMENT ENTITLED "MIAMI OFFICE OF SUSTAINABLE INITIATIVES," TO FOCUS ON COORDINATING CITY DEPARTMENTS, FACILITATING COMMUNICATION WITH ENVIRONMENTAL EXPERTS, AND ASSURING THAT THE CITY OF MIAMI IS WORKING TOWARD BECOMING A MODEL FOR ENVIRONMENTAL BEST PRACTICES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00488 LegislationSR SUB.pdf 07-00488 Legislation FR .pdf 07-00488 Summary Form SR.pdf 07-00488 Summary Form FR.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chairman Gonzalez: All right. Now we're going to take FR.3, which is an ordinance. City ofMiami Page 120 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: OK. Just want to make sure -- Mr. City Manager, my question around the -- if you want to just put on the record -- Pedro G. Hernandez (City Manager): Thank you, Commissioner. Commissioner Spence -Jones: -- how the department will be funded and handled -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- at this point. Mr. Hernandez: It's important that I put on the record the fact that the '06/'07 City budget already includes the funding to support the Office of Sustainable Initiatives. It accounted for two individuals. We have one already on staff so we have sufficient funding to be able to support -- Commissioner Spence -Jones: Accommodate. Mr. Hernandez: -- this office. Chairman Gonzalez: All right. Is there a motion? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: So move -- second. Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance. Is there anyone from the public that wants to speak on this item? Seeing none, hearing none, comes back to the Com -- yes, sir? Robert Ruano (Grants Administration): IfI could just -- just to be clear, the substitution on FR.3 was just adding the legal language to actually setting up the department. It didn't change the ordinance, per se. Chairman Gonzalez: OK, very good. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. 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. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Gonzalez: Mr. City Manager, you had -- Thank you, Mr. Mayor. Mayor Manuel A. Diaz: I just wanted to say "thank you" to all of you for your support on this, and just remind you that next week, Monday night, we're going to have all the directors and assistant directors come here and watch An Inconvenient Truth, as a group, and then, the following -- following that, on Thursday of next week, Vice President Al Gore will be himself here personally at City Hall with a number of other heads of state, where we are cohosting, with City ofMiami Page 121 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Poder magazine, a green forum, and we're going to have a distinguished group of environmentalists from all over the world coming, including Vice President Gore, so I hope to see -- Commissioner Spence -Jones: Good. Mayor Diaz: -- you at both of those events. Thank you. Chairman Gonzalez: Thank you, sir. City ofMiami Page 122 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.1 07-00423 RESOLUTION Department of Public Works RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE REIMBURSEMENT OF FEMA FUNDED STORMWATER DRAINAGE PROJECTS, SPECIFICALLY FOR THE COMPLETION OF THE DREDGING OF THE COMFORT CANAL, WITH SAID AGREEMENT ESTABLISHING A REIMBURSEMENT PLAN FOR THE LOCAL MATCH WHICH THE COUNTY SPENT ON THE CITY OF MIAMI'S BEHALF WITH THE CITY'S COST SHARE OF NINETY-TWO PERCENT (92%) IS $431,742, WITH A TWO PERCENT (2%) MANAGEMENT FEE BASED ON THE CITY'S SHARE OF THE CURRENT ESTIMATED COST IS $69,079, THE TOTAL AMOUNT TO BE PAID TO THE COUNTY IS $500,821, PLUS INTEREST (INTEREST RATE EQUIVALENT TO THE ANNUAL AVERAGE, BASED ON MONTHLY TOTALS SET BY THE COUNTY FINANCE DEPARTMENT; SAID AMOUNT IS TO BE PAID IN TWO INSTALLMENTS WITH THE FIRST PAYMENT BEING RELEASED ON OR BEFORE SEPTEMBER 30, 2007 AND THE SECOND AND FINAL PAYMENT BEING RELEASED ON OR BEFORE SEPTEMBER 30, 2008; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS, PROJECTS B-30534. 07-00423 Legislation.pdf 07-00423 Exhibit .pdf 07-00423 Exhibit 2 .pdf 07-00423 Exhibit 3 .pdf 07-00423 Summary Form.pdf 07-00423 Letter .pdf 07-00423 Letter 2.pdf 07-00423 Letter 3 .pdf 07-00423 Letter 4.pdf 07-00423 Letter 5 .pdf 07-00423 Letter 6.pdf Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, 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-07-0214 Vice Chairman Sanchez: FR.3 is an ordinance on first reading. Jorge L. Fernandez (City Attorney): You've already taken -- Priscilla A. Thompson (City Clerk): We've already done that. Mr. Fernandez: -- care of that. Chairman Gonzalez: You already did that. Vice Chairman Sanchez: All right. Apologize. Where are we at now? City ofMiami Page 123 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.2 07-00424 Department of Capital Improvement Programs/Transpor tation Chairman Gonzalez: RE.1. Ms. Thompson: RE.1. Vice Chairman Sanchez: RE.1 is a resolution. Department of Public Works. Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.1 is a resolution authorizing the City to enter into an interlocal agreement with Miami -Dade County for the repayment of FFJvLA (Federal Emergency Management Agency) funded storm drainage projects, specifically, the completion of the dredging of the Comfort Canal. Vice Chairman Sanchez: All right. Is there a motion? Chairman Gonzalez: Move it. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. A motion was made by the Chair; second by Commissioner Spence -Jones. That 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF FUNDS, IN THE AMOUNT OF $1,000,000, CONSISTING OF A TRANSPORTATION ENHANCEMENT PROGRAM GRANT AWARD, FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE NORTH SPRING GARDEN GREENWAY PROJECT, B-40643A; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS NECESSARY TO IMPLEMENT ACCEPTANCE OF AND THE ADMINISTRATION OF SAID GRANT AWARD. 07-00424 Legislation .pdf 07-00424 Exhibit .pdf 07-00424 Exhibit 2 .pdf 07-00424 Exhibit 3 .pdf 07-00424 Exhibit 4 .pdf 07-00424 Exhibit 5 .pdf 07-00424 Exhibit 6 .pdf 07-00424 Exhibit 7 .pdf 07-00424 Exhibit 8 .pdf 07-00424 Summary Form.pdf City ofMiami Page 124 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Motion by Chairman Gonzalez, seconded by Commissioner Regalado, 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-07-0215 Vice Chairman Sanchez: We go to RE. 2, which is also a resolution. Chairman Gonzalez: Move RE.2. Vice Chairman Sanchez: All right. Commissioner Regalado: Second. Vice Chairman Sanchez: There is a motion by the Chair, second by Commissioner Regalado on RE.2. It's a resolution. It's from the Department of Capital Improvement Program and Transportation. Just want to put something in the record? Mary Conway: Certain. Mary Conway, chief of operations. RE.2 is accepting a million dollar grant from the Department of Transportation to be used on the North Spring Garden Greenway. Vice Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.3 07-00425 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT ("AMENDMENT") TO THE SUBMERGED LANDS EASEMENT AGREEMENT ("EASEMENT AGREEMENT), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CORAL REEF YACHT CLUB, A NON-PROFIT CORPORATION ("GRANTEE"), TO PROVIDE FOR A ONE-TIME CONTRIBUTION BY THE CITY IN THE AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND DOLLARS ($114,000) TO BE APPLIED TOWARDS THE PAYMENT OF ANNUAL FEES DUE TO THE STATE OF FLORIDA BY GRANTEE IN CONNECTION WITH THE STATE'S APPROVAL OF THE EASEMENT AGREEMENT WHICH PROVIDES FOR GRANTEE'S CONTINUED USE OF THE CITY -OWNED SUBMERGED LANDS LOCATED WATERWARD OF 2484 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; SAID CONTRIBUTION TO BE MADE IN THE FORM OF A CREDIT AGAINST THE ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS ($1,140,000) DUE TO THE CITY FROM GRANTEE IN CONSIDERATION FOR THE EASEMENT AGREEMENT; PROVIDING FOR EXECUTION BY GRANTEE OF A WAIVER OF ANY AND ALL CLAIMS OF OWNERSHIP TO THE CITY -OWNED SUBMERGED LANDS PURSUANT TO THE BUTLER ACT, AND PROVIDING AN AMENDMENT TO THE EFFECTIVE DATE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE AMENDMENT; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. City ofMiami Page 125 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 07-00425 Legislation .pdf 07-00425 Exhibit .pdf 07-00425 Exhibit 2 .pdf 07-00425 Summary Form .pdf Motion by Chairman Gonzalez, 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-07-0216 Vice Chairman Sanchez: RE.3 is a resolution from the Department of Public Facilities. Chairman Gonzalez: Move RE.3. Vice Chairman Sanchez: All right. There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by the Chair, second by -- you want to speak on this one? All right. There's a motion by the Chair, second by Commissioner Spence -Jones. You're recognized on RE.3. Nina West: Good afternoon. Nina West, 3690 Avacado Avenue, Coconut Grove. I'm here on behalf of myself as a citizen. We have given the bay bottom to a yacht club, and they are giving us a lot of money for it, but we are giving it away in perpetuity, and this may have already occurred, but the public benefit has not been returned to the citizens, and we were looking for a continuous greenway to go on the waterfront to follow the original Sasaki plan, which showed a greenway all the way up to Kennedy Park, and somehow, it had stopped at this little private yacht club, andl think they ought to at least grant a permanent easement and it should be in at the -- in return for the bay bottom, which is worth hundreds of millions of dollars, which we have given to them for something like a million dollars and they will have in perpetuity, and it is extremely offensive to me -- andl would like that the City demand and have it written into something that -- Commissioner Spence -Jones: Yeah. Mr. -- Ms. West: -- there be a permanent -- Commissioner Spence -Jones: -- I think that -- I think we should definitely -- Commissioner Sarnoff, this is really something that -- Ms. West: Well, this all started before -- Commissioner Spence -Jones: -- andl would take back my second. Ms. West: -- Mr. Sarnoff was on the board. As a matter of fact, Johnny Winton was the Commissioner when this issue first came up, and at that time, we were told they wouldn't be closing the fence, and we would be able to get through, and there would be a permanent walkway, and there has been no public benefit granted in return for what they had been given, which is worth millions and millions of dollars, especially granted in perpetuity, so what I would like to see, as a private citizen, is that the greenway be connected right through that yacht club; that they not be able to close it off ever. They have complained about crime. They have complained about all kinds of things, but yacht clubs all over America, including in Key Biscayne, have a walkway in front of them for the public. There's ways to screen it. There's ways to fence it off behind it, but that connectivity in this area, that's where the break comes, and City ofMiami Page 126 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 I would -- Commissioner Sarnoff Well -- Vice Chairman Sanchez: Thank you. Commissioner Sarnoff -- Nina, that -- is it all right to address, Mr. Chairman? Vice Chairman Sanchez: Yeah. Commissioner Sarnoff OK. Nina, I'm obviously an advocate of the walkway, but the walkway there, when it gets to the Biscayne Yacht Club, is going to have to go out by Bayshore Drive. Ms. West: Unless we -- see, the -- if we had kept the bay bottom, if we had never turned it over to them, they would not be able to keep us off that walkway because they wouldn't be able to get into the water -- Commissioner Sarnoff Well, I -- Ms. West: -- so we would have a -- Commissioner Sarnoff -- it's -- you know, Nina, it's -- Ms. West: -- very good trade off with them. Commissioner Sarnoff -- easy to say that, but they've been there a very, very long time, and they have provided a great many regattas and benefits, whether it's rich people, poor people that sail. Ms. West: Well, this is not quite the same as the sailing club. Vice Chairman Sanchez: All right. Commissioner Sarnoff Well, the point being, they have -- the City has negotiated. They've given them the frontage, and once we get the Sasaki plan, hopefully, in place and the beautification of Bayshore Drive, that's going to be a very pretty part of the walk. Ms. West: I agree with you, butt still think that the public benefit -- there should be a swap, benefit for benefit. Commissioner Sarnoff It -- I don't think this City's at the stage where you can allow free access to a yacht club just yet. I just don't think -- Ms. West: Well, I don't believe in -- Vice Chairman Sanchez: All right. Ms. West: -- having free access to the yacht club either. They can -- they -- there's plenty of ways to screen it off and fence it off so that they're perfectly -- Vice Chairman Sanchez: Nina? Ms. West: -- well protected and still provide a daytime bay walk. Vice Chairman Sanchez: Nina, I believe you made your point. City ofMiami Page 127 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.4 07-00426 Department of Capital Improvement Programs/Transpor tation Ms. West: Thank you. Vice Chairman Sanchez: All right. It's a resolution. It's -- there's already a motion and a second, Commissioner Sarnoff. 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, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC., TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT PROJECT NO. B-78503 ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOLLOWING THE ISSUANCE OF SERIES II BOND PROCEEDS. 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 DEFERRED Legislation .pdf Exhibit .pdf Exhibit 2 .pdf Exhibit 3 .pdf Summary Form.pdf Pre -Legislation .pdf Pre -Legislation 2 .pdf Project Cooperative Agreement.pdf Pre -Attachment .pdf Pre -Attachment 2 .pdf Pre -Legislation 3 .pdf Master Report .pdf Letter .pdf Museum Park .pdf Direction by Commissioner Spence -Jones to the City Manager that, as a condition of the grant of $2 million by the City to the Fine Arts Museum Facility at Bicentennial Park, public hearings are established to provide for community input. Direction by Commissioner Sarnoff to the City Manager to provide documentation on the referendum related to the City's issuance of the homeland security bond and the placement of museums at Bicentennial Park. A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously to defer item RE.4 to the City Commission meeting currently scheduled for May 10, 2007. City ofMiami Page 128 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: We go to RE. 4. It's also a resolution, and this is from the Department of Capital Improvement Program and Transportation. You're recognized -- Chairman Gonzalez: Move RE.4. Vice Chairman Sanchez: -- Madam -- There's a motion by the Chair. Is there a second? Commissioner Spence -Jones: Actually, I -- we're going to -- there's a discussion first before there's a mo -- Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: -- well, I don't want to second it until -- Vice Chairman Sanchez: -- we need -- Commissioner Spence -Jones: -- we have a discussion. Vice Chairman Sanchez: -- A second for the purpose of discussion. Commissioner Spence -Jones: You need a second? Vice Chairman Sanchez: For the purpose of discussion. Commissioner Spence -Jones: OK. Commissioner Regalado: Then don't second it. Vice Chairman Sanchez: Well, you -- Chairman Gonzalez: All right. Then the motion -- Commissioner Regalado: If you -- Vice Chairman Sanchez: Well, you're going to discuss the item. Chairman Gonzalez: -- dies. Vice Chairman Sanchez: Well -- Commissioner Regalado: -- if the motion dies -- Chairman Gonzalez: Then the motion dies. Commissioner Spence -Jones: I'll second it. I'll second it for discussion. I don't have a problem with second it. Vice Chairman Sanchez: All right. There's a motion and a second for the purpose of discussion. Ma'am, you're recognized for the record. Mary Conway (Transportation Administration): Mary Conway, chief of operations. The item that's before you is an agreement between the City and the Museum of Art for a -- the majority of the remaining monies in the Homeland Defense Neighborhood Improvement Bond to support the development activities associated with the Museum relocating to Museum Park -- Bicentennial Park. City ofMiami Page 129 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: All right. It is a resolution, butl think there's some people that want to speak on the item, and therefore, I would respectfully request that it be open to the public; two minutes. You'll get two minutes, but it will be open to the public. All right, so we'll go ahead and start, and whoever comes up, please state your name and address for the record, and you have two minutes. Aaron Podhurst: Aaron Podhurst, at 25 West Flagler Street. I'm the chairman of the Miami Art Museum. Commissioners, this has been approved by the public; site specific, Bicentennial Park; two museums, two to one, in the GOB (General Operating Bond). It's been approved by the City ofMiami and the Homeland Security by a vast majority, $3, 500, 000 to each and every of the two museums. You have approved this in 2005 by giving us the first $700, 000. I have been told to work with the City Manager and the City Attorney. We have been working day in and day out to do everything they've said. We've had great cooperation. The County is now ready to fund the $100 million that we get, and the three things we have to show the County is, number one, that the private assets are there, which we think we'll meet with the County; the second thing to get the $100 million is to show that the $2 million, which is one of our source offunding, is there, and number three, that we have everything in place to go. I respectfully tell this Commission I am not looking to do anything other than in the right way, and we will lose $500, 000 a month if these things get deferred; because the County is going to say, get the approval. We've had great cooperation with the City Attorney, and the memorandum of understanding, it's about to be signed, I think, et cetera, so we lose 500,000 because there's $100 million of GOB money, which is not drawing interest, and if we don't draw the interest, we don't get it, and then inflation, et cetera, so I respectfully request, to my knowledge, to my knowledge, we have done everything that the City Manager has requested, we've done everything that the County Manager has requested. Now we've got our architect, and we have to go forward, and so I would -- unless something I'm missing, I think we've done what's right. I do not want to be a part of a performing art center with overruns; trying to do this the right way. To my knowledge, we are doing it the right way. We've been checked out by the City Manager in every way, andl ask you, please, to do what the voters said to do, which was two-thirds, build the two museums in Bicentennial Park. I know that the voters count, andl know that you will do that will someday. I ask you to do it now. I'm sorry to speak so quickly, but the Chair only gave me two minutes. Commissioner Regalado: OK. Can I ask you a question? Mr. Podhurst: Yes. I'm sorry to -- Commissioner Regalado: No. Thankyou. Thankyou very much. I -- well, you just saw that the voters approve, five years ago, a tax abatement, and the Administration didn't move, and there were problems with the County, and we just now realize -- the voters also approve several years ago the extension of a contract for a restaurant in Virginia Key and nothing has happened yet, although the City's losing several million dollars. The -- so just -- historically, how the voters are respected, butl thought that you said that the County was about to release the $100 million for the Miami Art Museum? Mr. Podhurst: No. I said before they will release the hundred million, they're doing what the County Commission would do; make sure that we have raised the private funds that we have said we're going to raise or on the way, and got the sources of income that we're supposed to get, Commissioner; one of which is the $2 million, which has been authorized by the voters of the City ofMiami. I do not have that right, even though you approved the 700,000 two years ago, to get that two million till come before this Commission for the resolution, but what I was saying to you is I think we will get the $100 million if we meet what we're supposed to. One of the conditions, Commissioner Regalado, is to get the $2 million as one of our sources offunding, and we are ready to do that with the County, and then they fund the hundred million as we need it. It takes two, three years to build a museum, et cetera, and so one of the things that I'm City ofMiami Page 130 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 required to do is to get the City Commission -- City ofMiami Commission -- excuse me for speaking so fast -- to get the $2 million, which has been authorized. We don't have that funded. Two years ago we only needed the 700,000 because you spend the money as you use it. We've now gone in front of the City Manager; we've laid out all of the requests, all of the stuff, the City Attorney, with a memorandum of understanding, and so we've come here, but what I'm saying to you is that the person responsibility for making this on time and on budget, the delays are very expensive, and so I'm not trying to be aggressive here. I'm not trying to do anything. To my knowledge, we have done, Commissioner Regalado, everything required of us, everything, and therefore, I'm asking you to have -- to -- Commissioner Regalado: No. My question was -- andl didn't quite understood [sic] what you said. Because the caveat for you to get the $100 million from the County is that you come up with matching funds from the private sector. Mr. Podhurst: One hundred million. Commissioner Regalado: One hundred million. Mr. Podhurst: Plus -- Commissioner Regalado: How much do you have net? How much you have now? Mr. Podhurst: Well, we have not had a public campaign because you've got to get the architect, Commission [sic]. We have, privately, I tell you, $35 million, which is what they wanted us to have in commitments from people, andl think that's quite an achievement without having a formal campaign. These are large gifts from citizens here. We also have millions of dollars, millions of dollars in art and instruction. I want you to know, Commissioner Regalado, I'm proud to tell you that the sculpture park, the sculpture in Bicentennial Park is going to be free for all of the people of the -- Dade County, which is being donated by people, assuming we do what we're supposed to do and build the kind of structure with right security and all of those things, so the public of -- the art collectors and the people are coming forward in a very substantial manner. That was the number, Commissioner Regalado, thatl was privately told to get and -- the County, which is doing its function. I mean, I'm not complaining in any sense, but this is the source of income that we're relying on, and we've told in our papers to the County that the City has this money available, and in 2005, you did authorize the City Manager and the City Attorney to enact the situation, and to my knowledge, Commissioner -- and I'm repeating it -- we've done everything we're supposed to do. I've never been told of any information we didn't give to the City, and we stand ready to do it every day, but the deferral, if it gets deferred, which I hope it won't, is very expensive. It is a $500, 000 a month, because the County is requiring us, as it should, to have all of our sources of income in place, and we are now ready to go, and we've worked very hard on it, andl believe, Commissioner, we'll do this right. I (UNINTELLIGIBLE) say that. Commissioner Regalado: You know, one would say here, well, what is before us is just to approve what the voters decide several years ago, and we shouldn't discuss, but you mention something, and it is important for the public. You said I'm not going to be another Carnival Center. Mr. Podhurst: Well, I don't mean to -- Commissioner Regalado: No, andl -- Mr. Podhurst: -- (UNINTELLIGIBLE) say something -- Commissioner Regalado: -- you know, I really appreciate that. City ofMiami Page 131 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Podhurst: I don't want to have overruns. Commissioner Regalado: Yeah, andl really appreciate that because -- Mr. Podhurst: Yes. Commissioner Regalado: -- I mean, you know, everybody is embarrassed because of the Carnival Center situation. Now that you mention, in the speech of the state of the County, Mayor Alvarez call on the County Commission and the Manager to reduce the number of consultants, because that is one of the sources of the money is going in a way that it shouldn't go, according to the strong mayor now. In the project that you send to the Manager, you have many consultant; lighting consultant, $200, 000; audiovisual consultant, $125, 000; elevator consultant, $50, 000; security consultant, $110, 000; food service consultant, $100, 000; retail consultant, $50, 000; water feature consultant, $75, 000, and on and on. MED/FP (Mechanical Electrical Plumbing/Fire Protection) Consultants -- I don't know what that is -- two millions [sic], two hundred and twenty-nine. The problem is that the County has said to you, you know, you get the money, we'll give you the money, so why cannot we in the City, which we are the poor one, you know, say to you, well, when you raise -- not commitment; when you have it in the bank, your $100 million, come back, and we'll give you the $2 million. Mr. Podhurst: Because if you do that, this project will never get started, because you cannot have a project that is totally raised with fundraising before you can show them the plans, before you can show them -- you can't ask somebody to give you $10 million to dedigate [sic] -- Commissioner Regalado: That's what they promised us with the Performing Arts Center -- Mr. Podhurst: Commissioner -- Commissioner Regalado: -- and you know, and we pay -- Mr. Podhurst: -- Commissioner -- Commissioner Regalado: -- the whole way. Mr. Podhurst: -- you do your job well, and you can't be -- you shouldn't be criticized for something that the County Commissioner does or doesn't do. I shouldn't be criticized for doing things right. Let me answer your question about consultants. If you thinkl expect to pay $100, 000 for a restaurant consultant, you're wrong. I put everything with a line item so that I will not be over budget. I hope that the City ofMiami will decide what kind of a restaurant it wants in Bicentennial Park, and that the City will cooperate with us, and we'll have a restaurant, andl don't even need that consultant, but what the Performing Arts Center didn't do is budget everything, and so when they did then incur expenses, they were over budget. I expect to be under budget. I have no reason to want to spend one dollar that we don't have to spend, but I will not get an answer from the City ofMiami, respectfully, or the County, for that matter, as to what it wants to do with a restaurant, what it wants to do with parking, and what it wants to do those things. Those are the things that are going to happen in next months, but ifI don't get started and have the architect complete his stuff and con -- start with the fundraising to do something -- and I'm not trying to be aggressive here, which I believe the City and the County people have voted 2/1 -- if you don't realistically, Commissioner, help us do this thing right, it will be another Performing Arts Center. It'll be delayed; $500, 000 a month. This is not an easy job. It is going to be done right. I promise you that I've spent a lot of time with the City Manager; he is very tough. He makes us dot the is and cross the t's, but nobody raises the money all in a day and say -- then builds their project. I have never heard of that in any city in America. City ofMiami Page 132 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: Well, they should -- Chairman Gonzalez: May I ask --? Commissioner Regalado: -- because most of the museums, as you know very well because you are an expert, are built with private contribution, but you know, yes, it is -- it's the County -- the people voted for, and the voters of the City ofMiami may have well approve money for the arts and the museum, but these are the same voters that approve 60 projects that, today, as we speak, we are going to cancel because of cost overruns and that we need to use the money, so we are denying the people of the City ofMiami dozens of projects, minor, mind you, in parks, mostly parks in the City ofMiami because we have this problem of unexpected situations, so why do we have to rush? I mean, why do we need to rush and give you the $2 million while we just took 60 project [sic] off the charts because we have cost overruns? So, you know, I understand your main source is the County, and they can do whatever they want, although I don't know what they going to do, but you know, I am not -- and I don't know you. I'm sure that you are an expert, and I'm sure that you know how to do things, butl am not going to be a yes vote for, in three or four years, we're going to have the Carnival Center, the sequel, because you only have now promises of $35 million, and you know, I don't know if we have so many beautiful people here that can, you know, help with the arts and the museum and the Performing Arts Center, but you know, I am very trouble to do this, and you know, if my colleagues wants to do it, that's fine by me. Chairman Gonzalez: All right. Let me allow -- the gentleman has been standing here. Yes, sir. Your name and address for the record. Greg Bush: Hello. My name is Greg Bush. I direct the Institute for Public History, at the University ofMiami, and I'm here to raise several questions about the public process about all of this. I don't think there's been enough time to look in detail at the money, certainly by the public, andl don't think there's been enough time to examine the design that's going forward; outside professionals have not come in adequately. There was, to my knowledge -- I know something very early -- but one public hearing that I know Commissioner Sanchez and Sarnoff were at and others that was totally inadequate, in my view, to really assess the plan, and that was the one public hearing. That's not enough, in my view, to really do the job right; to take a look at the space, to try to consider whether that's the appropriate space. I don't think you need to be wedded to that space, which says nothing against the cultural institutions existing. I don't think, also, that they've raised the money, as you have intimated, nor are they getting close; we have not seen the money, and without the money, I'm very concerned, as you intimate, too, that you've got another boondoggle here, and a boondoggle that can be aiding to the wealthy, and it won't be helping communities and community groups that come to the space. One final point, and then I will move on. I don't think this has to be considered to be a done deal. I think the public really is interested in this question, and there should be far more public input into this process, and the bond hearing -- the bond issue, I'm sorry, question number 8 -- if you look at it and read it, andl have it here and don't have time to read it all -- it says nothing about Bicentennial Park, so it's really a fraud to assume that the public was voting to put two museums in Bicentennial Park, and I think that's real important to -- for people to consider. Chairman Gonzalez: Thank you, sir. Commissioner Spence -Jones: Mr. Chairman, I -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- I'm sorry. Chairman Gonzalez: Yes. City ofMiami Page 133 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: I just want to add. I know that we're supposed to allow for the public, but I know Commissioner Regalado had a chance. I'd like to, at least, say something before we get so deep into it. The only reason why I, on my end, was even questioning it before I second it was because I wanted to make sure that there was conditions that were put on the monies, through the Manager's Office, in regards to this project, to make sure that some of those issues are addressed. Now, I do understand -- Mr. Potterhurst [sic]? Is it --? Mr. Podhurst: Yes, yes, Commissioner. Commissioner Spence -Jones: Potterhurst [sic] is your name. Mr. Podhurst: Podhurst. Thank you. Commissioner Spence -Jones: Podhurst -- that there's a time limit on some of this, and it has a serious fiscal impact on what you're trying to do to get done, as far as the project is concerned, but I also do want you to be a little patient for all of us because, quite frankly, you know, we've been hearing this, you know, from the overall public; them having issues with what's happening in the park, so while I understand what your need is to move ahead to make sure the project is not stopping, I also want us to be sensitive to the fact that there are some people that have issues and concerns about it, and as policy makers or individuals that have been elected by the people, we have to take those things into consideration, so my conditions on it, for my second, was to make sure that, one, there was some sort of accountability -- and that we've had this discussion, Pete -- on the 700,000 that we've already spent to make sure that, you know, we're not running into a problem and we're, at least, on the same page about, you know, what those dollars were going to -- were used for already, and then the hundred thousand -- excuse me, the hundred million that was communicated that was necessary in order for the County to provide the dollars that it needed to -- and you mentioned today you had 35 million already -- Mr. Podhurst: And -- Commissioner Spence -Jones: -- raised. Mr. Podhurst: -- they're not just pledges. The first payments have been made. We have them in the bank. These are -- Commissioner Spence -Jones: Yeah. Mr. Podhurst: -- five-year pledges. Just like --from very important people -- Commissioner Spence -Jones: Mr. Podhurst -- Mr. Podhurst: -- that you know. Commissioner Spence -Jones: -- this is -- Mr. Podhurst: I apologize. Commissioner Spence -Jones: -- again, I'm trying to put out my -- Mr. Podhurst: I apologize. Commissioner Spence -Jones: -- issues and my concerns, and you know, I think, having a world -class park in Bicentennial Park and -- hey, I love the arts. That's not even the issue. The issue is we still have to adhere to what people are saying to us from a constituent standpoint, so City ofMiami Page 134 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 my recommendation to the City Attorney -- excuse me, City Manager, is that that 35 million that's already raised, at least, make sure, from your perspective, that money is money that is set aside to address or to support the park going there, and then I would like to -- thirdly, I would like to see, as a part the a conditions added to this, the community vetting process, even though I've heard that there were several meetings that have taken place, community Charrettes and all of that, but apparently, there's still a very strong feeling from key people from the community that it's not enough, andl don't -- I'm the first one to say that if we feel that we need to do it until we get it right, let's do that, and I'm sure you're not opposed to having -- Mr. Podhurst? Mr. Podhurst: Yes. Commissioner Spence -Jones: Podhurst, right? Mr. Podhurst: Yes. Commissioner Spence -Jones: -- community input on any of this stuff that's going to happen within -- because at the end of the day, the residents have to be the ones to enjoy it, so I would like to see that Capital Improvements, along with the Manager's Office, works to make sure that we have -- I'm talking about regarding the money we have, not anybody else's money, but our $2 million, that those public hearings are put in place so that people can truly come out and vet before the architect gets so far down the line on what he wants to have happen -- because it's important -- to make sure that we do have, at least, some community input on that process, so that was my -- those were my three things that I thought was important. If I'm going to vote yes on something or second something, I want to make sure that I have a commitment from staff that that's going to happen. Chairman Gonzalez: I would -- Commissioner Regalado: But he didn't say he raise -- they raise the $35 million. They have pledges. Chairman Gonzalez: That's right. Mr. Podhurst: I said that we have five-year pledges; that we are -- $35 -- million dollars. We have not started an economic campaign. The first payments are in the bank, and number two, it is not correct -- Mr. Bush has been opposed to this project for a long time -- to say that this site has not already been voted on. I'm holding Appendix A to the GOB, which says Biscayne Boulevard and 8th Street, right near Pump Station 2, so I want to respectfully say to the Commission, respectfully, that if you believe in the will of the voters, as I do, Commissioner Regalado, I do, I think that's the site of this thing. Now, anybody can say I'm not going to live with the will of the voters; I can't do anything about it. You said properly this morning, you can't fight City Hall. Well, I sure can. I'm saying that there is a good faith requirement, andl agree with Commissioner that we ought to make sure that all our is are dotted and the is are crossed with regard to all of this stuff but we have done that, and we have had charrettes for more than three years. We have had the previous City Manager hold meeting after meeting, where the same objections had been raised. At some point, I do not want to be tarred with failed projects. I do not defend the Performing -- Commissioner Spence -Jones: Mr. Podhurst. Mr. Podhurst: Yes. Commissioner Spence -Jones: This is -- honestly, sir, this is not about you. Mr. Podhurst: OK. City ofMiami Page 135 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: OK, so I don't want you to make it about you. What I'm simply saying, those are the three conditions that would like to have added to my $2 million or me supporting $2 million or whatever dollar amounts are going to be supported towards the projects. Mr. Podhurst: And they are reasonable, andl -- Commissioner Spence -Jones: OK. Mr. Podhurst: -- intend to meet with -- Commissioner Spence -Jones: And when -- and -- Mr. Podhurst: -- the City Manager and to fulfill those three conditions, which I think, in part, we've done, but to follow it up and do exactly what you've said, which is appropriate oversight, andl think we need to do everything we can to make sure that occurs. Commissioner Spence -Jones: And just be -- Chairman Gonzalez: All right. Can -- Commissioner Spence -Jones: -- mindful, two of the Commissioners sitting up here -- while you might have had many charrettes in the past, two of the Commissioners that are sitting out here were not a part of that process, so I personally, even though it's technically not in my district, but it is a citywide park, I would like to make sure that, at least, the residents -- Chairman Gonzalez: I don't want to start a debate. Commissioner Spence -Jones: -- of my district have the opportunity to have input on the park that's going to take place so that's -- that was a part of my condition. Vice Chairman Sanchez: (UNINTELLIGIBLE) for a vote. Chairman Gonzalez: All right. Commissioner Spence -Jones: That's it. Chairman Gonzalez: I'm closing -- Commissioner Sarnoff Wait, Mr. -- Chairman Gonzalez: -- the public hearing. We haven't gave the district Commissioner -- Commissioner Sarnoff Right. Mr. -- Chairman Gonzalez: -- an opportunity to speak. Mr. Sarnoff, or Commissioner Sarnoff, I'm sorry -- Commissioner Sarnoff I might be demoted. Chairman Gonzalez: -- you have the floor, sir. Commissioner Sarnoff First off Mr. Podhurst, what was intending on doing was actually making a motion to defer. I know you don't want to hear that, but we had met early this City ofMiami Page 136 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 morning, and you had told me something that was very important to me, which was that the voters actually site -specifically chose this particular venue -- Chairman Gonzalez: They did. Commissioner Sarnoff -- and then I have the actual name, andl have the actual vote in front of me, and it doesn't even address the site specific. Mr. Podhurst: It's Appendix A to that vote. Commissioner Sarnoff It's not what the voters saw, sir. What the voters saw was not a site specific place. What the voters saw was just the requirement of the actual bond itself and if you looked at the resolution that the County passed, and that's 919-04, there was the site specific there. The voters never had the opportunity when they went to their touchmatic machines to look at those. I thought it was important, for my benefit, because I don't mean to rain on anyone's dream, andl don't mean to rain on anyone's parade, coming in here as a City Commissioner that has seen practically nothing, but one public hearing on this to address it in this manner, but I'm forced to do so. I want to know, from a voter perspective, what it is they understood, what they believe they voted for, and here's what they voted for: To construct and improve library/cultural facilities, head start centers, and it doesn't even say a site specific, and then I wanted to know what did the City ofMiami, from the Homeland Security Defense Bond, were we site specific when we said Bicentennial Park, or did we say Bicentennial Park? Commissioner Regalado: No, we didn't, andl campaign for those bonds. It was in 2001, and no, we didn't. These were the Homeland Security. Those bond were approved the same day that Commissioner Gonzalez was elected, that Mayor Diaz was elected, and we campaign, Commissioner Sanchez did; I did on the radio, with the City Manager Carlos Gimenez. Never, ever, ever was -- in fact, all the focus was on parks, street repair, homeland security. It never was mention. The site of Bicentennial was long after the bonds were approved. In no legislation there is a voter's mandate about the site for the museum; just to make sure -- andl can speak to that because I campaign on paid programs by the City, on the radio and TV (television), for the bond issue. Commissioner Sarnoff And just to continue for a moment, and I'll -- I won't be very much longer. What did was, over lunch, I then wanted to look at the resolution passed by the County, andl may be right or I may be wrong because it is an unsigned resolution. It says, project soft costs should not exceed 17 percent, and if you look at what Commissioner Regalado has over here, that is significantly beyond 17 percent, and the next question I would have asked in a private setting would have been were you depending on the City ofMiami to make up the other percentage of the soft costs. It's not my intention to do this in the public like this, because what I would preferred to have done, and what I still prefer to do is have some of my questions answered, andl just don't have enough answers, but ifyou want to proceed with a vote, that's -- it's a citywide issue. Commissioners, I respect you absolutely coming in and saying whatever it is you want to say about this particular venue because it's for all of us to enjoy, but I will, respectfuly -- Commissioner Regalado: Or pay. Commissioner Sarnoff Or -- excuse me? Commissioner Regalado: Or pay. Commissioner Sarnoff Or pay, possibly, butl think, ifI was able to sit down with Mr. Podhurst, and ifI was able to sit down with them and have a longer discussion than I had briefly this morning -- andl apologize it didn't happen sooner -- I would feel in a better position to City ofMiami Page 137 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 understand, not only the economics, but the site selection of this particular venue. I'm a person that has not been very impressed or favored with two particular museums at this site. It's just a perspective that could be changed upon. I'm not in -- recalcitrant in that position. I don't want anybody to think, you know, this Commissioner says under no certain terms can two museums be at that park. It may be that it can, but I have never been privy to a private one -hour session on this particular venue. I've had a ten-minute quick -hurry -up. I've known Aaron Podhurst from the day I walked into this City, and he beat my brains in in a court of law. He doesn't remember it, but do -- Mr. Podhurst: Not true. Commissioner Sarnoff -- and I've known him -- he's an extremely honorable man, and I'm very comfortable dealing with him, but there are some representations that are made that are obscure to me, and I'd like to have the opportunity to clarify what did the bond project really say? Did the citizens go out and read the resolution? No, I don't think they did. What did our particular bond project say? An issue that we haven't talked about at all, though it does concern me a little bit, parking. Who provides for parking? How is that paid for? Who uses that parking lot? How much parking is provided? Is the County going to open up the closedMetromover site, which I believe they are? But don't know those things for sure, and those are the things I'd like to know so that when Nina West starts hollering at me "how could you do this," or if Aaron Podhurst starts hollering at me "Commissioner, you're wrong" well, then, I can be wrong with the facts, but all I'm being now is wrong with some of the facts. I like to be wrong or right with all of the facts, andl am not seized with those facts right now, andl do apologize to everybody in this room because I am the Commissioner that came in the ninth inning, andl don't want to be the one to rain on anyone's parade, but on the -- nonetheless, I don't want to be the one to make a wrong decision, because I think was elected for a certain reason and under a certain platform, andl intend on fulfilling those reasons and those platforms. Chairman Gonzalez: All right. We had a motion, and we had a second. Would you do a roll call, please? Judith Sandoval: Excuse me. The public is not -- it wishes to speak. (UNINTET,TIGIBT,F). Chairman Gonzalez: Well, let me tell you, for your knowledge. This didn't require a public hearing, so you don't have to jump, you don't have to be upset. Commissioner Spence -Jones: So -- Chairman Gonzalez: You're entitled -- Ms. Sandoval: Oh. I thought you were cutting me off Mr. Gonzalez. Chairman Gonzalez: -- to express your opinion. Ms. Sandoval: Oh, thank you, and Ms. Nina West would like to speak before me. Chairman Gonzalez: Of course. Commissioner Sarnoff But she was going to holler at me, so don't let her talk. Ms. Sandoval: You couldn't have a meeting here if we didn't speak. How could you? Chairman Gonzalez: Go ahead. Nina West: Actually, I'm not going to holler at my Commissioner. Sometimes I disagree with City ofMiami Page 138 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 him, but he is the public process Commissioner; Michelle Spence -Jones was the public process Commissioner this morning, and that's what we want, and Commissioner Regalado has always championed good government, and he's watching our money, and we certainly need it watched because we hear we don't have any again -- Chairman Gonzalez: Make sure that you campaign for him in two years. Ms. West: -- and -- Chairman Gonzalez: He's going to be your next Mayor. Ms. West: -- so we want what money that we do have, what we voted for and what we're paying our interest on to benefit the people, and we'd like to benefit through a public process. We certainly do not believe there was a public process beyond the first charrette for Bicentennial Park, and we do not believe that there was -- the first public meeting, I was told, was food for people at the museum at the Bicentennial Park, and the only people who were -- we came uninvited, but we were told that if we were quiet, we would not be escorted out by the police, but we came to speak to the media that day, and there was nothing about the park plan, and we had come for the first public meeting of the park plan, and that was in Bicentennial Park, with big tents, with food, lots of politicians; many people from the newspa -- media, thousands of museum people, and now we came to a second meeting where we couldn't all fit in the room, and that was quite amazing because I don't think that Mr. Alex Cooper had seen much of that plan because he kept stumbling over his presentation, and we don't -- I don't think, personally, that his numbers lined up, andl think it's a hot park because there's not enough shade, but we would like some public process into this planning, into the museums, and into everything else that we, who are very important people, just like the important people who contribute to the museum, we pay the taxes, and we have given over $100 million in public land. Thank you. Our contribution -- Chairman Gonzalez: Thank you. Ms. West: -- has already been made. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: OK. Comm -- Judy, you got a comment? Chairman Gonzalez: Go ahead, Judy. Ms. Sandoval: Would you like to speak first? Commissioner Spence -Jones: I'm going to -- Mr. Chairman, I was just going to -- Chairman Gonzalez: Let me finish the -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- public hearing, and then -- Ms. Sandoval: OK. Sorry, Michelle. Commissioner Spence -Jones: No problem. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I am the cochairman [sic] of the Miami Neighborhoods United Parks in Public Spaces Committee, and I'm speaking in that capacity, but for many years I lived in New York and other cities in parts of the world, and my City ofMiami Page 139 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 career was in museums, including some of the most famous museums in this country, andl want to tell you that, rather informally, for specially projects, I, myself, have brought in a million and a half dollars for one person, so I know something about fundraising; I know how museums work, andl can tell you that this museum is in trouble. Chairman Gonzalez: You raised one and a half million dollars? Ms. Sandoval: Yes, just myself -- Chairman Gonzalez: I have campaigns this year, so -- Ms. Sandoval: -- andl have it all, and you'll never see a penny of it. Chairman Gonzalez: I need some help -- Ms. Sandoval: No lunches. Chairman Gonzalez: -- raising some money -- Ms. Sandoval: No more dinners. Chairman Gonzalez: -- for my campaign. Ms. Sandoval: No nothing, OK. Chairman Gonzalez: I'm going to hire you as a consultant for my campaign. Ms. Sandoval: So I know something about that. Now, I want to say that I think the museum has a lot of nerve coming in here and asking for this money. They knew the rules before they got into this. The head of the board of directors -- I can tell you why new Rene d'Harnoncourt, the board of -- chief of the board of directors of the Museum of Modern Art, he raised half the money that he needed every year, before he left the board room, and presented his budget, because the board contributed it. It is the responsibility of the board of a museum -- andl don't care if it's a university or Burger King -- they present -- they raise half that money themselves. Now, I was at a meeting where the architect was announced, Mr. Herzog, and the director of the museum said at that meeting, and Mr. Herzog was -- Mr. Podhurst was there, that the museum would pay for the architect to do the plans for the museum, and he's coming here and telling us today that they can't raise money because they don't have anything to show because they don't have the plans. It is not the City or the County's responsibility to pay for that, and if they have money in the bank, or that I heard it was five million, OK, they can go to the County and ask for an accelerated payment of five million, but they can't break the rules, and you know, this is a museum that wants to spend all this money on a building; they've only got 300 minor works of art. If you compare that to what the Norton has, of over 5,000; the Museum of Modern Art is 175,000 works of art. They're going to have to buy a collection, because the top two of the -- let's see, four of the top 200 art collectors in this country are in Miami. None of them are associated with this museum. I'd like to know -- you know, to put together a collection to compare it with the Norton, to compare with other museums just in the state of Florida, you're going to need half the money we've spent in Iraq, because -- Chairman Gonzalez: Thank you, Judy. Ms. Sandoval: -- that's the price. Chairman Gonzalez: Thank you very much. City ofMiami Page 140 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Sandoval: I urge you to give us more time on this. Chairman Gonzalez: All right, ma'am. Ms. Sandoval: Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Thank you, Mr. Chairman. The only thingl wanted to add -- again, I did second the vote with conditions on it, but I did listen -- after hearing the district Commissioner from the area, even though this is a citywide event -- I mean, a citywide project -- Mr. Podhurst, can you just come back? Mr. Podhurst: Certainly. Commissioner Spence -Jones: I understand that these are from the second series bonds anyway, so they wouldn't be -- come available to you until June, I believe. Mr. Podhurst: Thank you. Commissioner Spence -Jones: Is it possible --? What I'd like to do is withdraw my second, OK. Is there any way that you, at least, can sit down with Commissioner of that dis --? Mr. Podhurst: I welcome the opportunity to sit down with every Commissioner, including Commissioner Regalado. I'm going to try very hard to change his mind also, because I really believe it's important. I may not do it, but I'm going to try. I welcome the opportunity, as soon as Commissioner Sarnoff can do it and any other Commissioner. I want to be a good citizen. I want to do this with the City ofMiami, not opposed to the City ofMiami. I agree with the parking issues. I agree with the restaurant issues. We need to work together on that, andl welcome your defer -- if that's the right word -- deferring it till May. I certainly will be calling Commissioner Sarnoff tomorrow morning to get an appointment. Commissioner Spence -Jones: OK. That's the -- Commissioner Regalado: Can I just -- and l just need to say, remember that famous phrase: it's business, not personal. Mr. Podhurst: Andl appre -- Commissioner, I'm not giving up on you. I'm ready to convince you. Commissioner Regalado: But you know, it's important that we know. It's important that the area Commissioner know. It's important that the City Manager understands the mechanics. It's important that the people understand. I think that this debate is very healthy because it's being watched and the public has the possibility of talking, and this is public monies, and you have to understand. What we don't know now about the MAM (Miami Art Museum) is -- are you getting any money from the County to run the museum now? Mr. Podhurst: Well, we have always gotten operating money from the County as a County facility, where it is now. Commissioner Regalado: Right. Mr. Podhurst: We're getting no capital -- Commissioner Regalado: No. I know. City ofMiami Page 141 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Podhurst: -- none of the GOB money has been released, nor have we requested it. Commissioner Regalado: No, but your operating budget comes from the County. Mr. Podhurst: And from private donations. Commissioner Regalado: Do you have a deficit now? Mr. Podhurst: No. Commissioner Regalado: You don't, so -- but it's -- still, it's -- Mr. Podhurst: No, but we work very hard on making sure we don't have a deficit, and frankly, Commissioner, as you make a bigger operation, your operational costs go up so you need to fundraise even better, all of which we are trying to do. Commissioner Spence -Jones: So -- I just want to say in closing, so we can close out on this item. Mr. Podhurst, just know that we are committed to having something happen there. We're going to defer to Commissioner Sarnoff so that he does have, at least, the time to be briefed, and in the meantime, those three items that we talked about, I would like to, at least, have those addressed and all of us, as City Commissioners, are briefed on those three main issues, and hopefully, Mary, we can have some sort of community type of hearing, just an update to the community as to what's going on with the park itself. It would be nice to be able to have, at least, one scheduled. If not one done, at least one scheduled. Pedro G. Hernandez (City Manager): Commissioner, I think it's important that I put on the record that the -- they have been working with us quite closely. We're working with the museum and also with the County in developing the interlocal agreements that are necessary that are scheduled to come to the City Commission in the near future. There is no concern that we can obtain all the information, reference, accountability that you talked about, and so forth, the three items, and would inform every Commissioner. The -- I was trying to get additional information. I haven't been able to get it yet as to location. The bond program did say Museum of Science, Museum of Art, three and a half million each, and apparently, Mary has some additional information. Mary Conway (Chief of Operations): And it also did reference Bicentennial Park, and there are copies of that -- those documents on the City's web site on the Bond Oversight Board link. Commissioner Spence -Jones: OK, so that's my only comment. Can we have this come back --? Are you fine with it coming back, Marc? Commissioner Sarnoff, are you fine with it coming back the first meeting in May? Commissioner Sarnoff Oh, absolutely. I just wanted to clam something that Commissioner Regalado said, andl think, Mr. Podhurst, you'll agree with this. The three sources of revenue that you expect this to work off of -- and I think the Commission needs to understand this -- one would be earned revenue; that's your great -- gate revenue and your concession revenue and maybe parking revenue, if you do charge for parking; the second is the interest off the endowment. That's how they're going to be able to operate. Mr. Podhurst: That's correct. Commissioner Sarnoff Right, and the third is the grants and subsidies that you get from the County. City ofMiami Page 142 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Podhurst: And we get, like I and many other people's support every year, operating expenses. We raise quite a bit of money ourselves and have even right now, that's going to have to continue, and we have to do that. Commissioner Sarnoff Is that separate and apart from the endowment? Mr. Podhurst: That's -- Commissioner Spence -Jones: Yes. Mr. Podhurst: -- separate and apart from the endowment. The endowment is to make sure that we could pay for all of the extra expenses which come out when you go into a bigger facility, and I don't have to tell you, and all of those things, but if you have the endowment, but the operating is still going to require private contributions, in addition to the County, and we have a whole plan on that. We have chairman circle, director circle, and all of that. Commissioner Sarnoff OK. Commissioner Regalado: But excuse me. I have to -- I have a -- probably, you know, I'm getting old. I'm losing the memory, but I have historical memory. There was no mention, during the bond issue campaign, at all, of the museum park in Bicentennial. There was a mention of the Museum of Science and the Museum of Art, but not site specific. If there was, we weren't told, and we did the campaign, and the voters weren't told, because at that time, remember that there was a discussion about the Marlin [sic] stadium -- Commissioner Sarnoff Yeah. Commissioner Regalado: -- being built in Bicentennial Park, so there is no way that people can -- I mean, may have -- somebody may have written something, but it wasn't for the public to see. I'm just -- I just want to make sure of that, because I remember that campaign very well. Mr. Hernandez: Commissioner, we're trying to confirm -- Chairman Gonzalez: All right. Can we -- Mr. Hernandez: -- that. Chairman Gonzalez: -- conclude --? I mean -- Mr. Hernandez: Apparently, Mary had some information that indicated that at that time, there was material available that the museums would be at Bicentennial Park; maybe not specifically where within Bicentennial Park, but in that general area. Commissioner Sarnoff Well -- Mr. Hernandez: -- We're trying to confirm that. Commissioner Sarnoff -- but that's important, Pete -- Mr. Manager. I mean, to me, that's important. Mr. Hernandez: Yes. Commissioner Sarnoff Because if the citizens did vote to put that in Bicentennial Park, then that's a clear indication and referendum on that particular point, so I'm going to ask you to provide to my office whatever documentation you have and maybe it'll enlighten Commissioner City ofMiami Page 143 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Regalado, but it will enlighten me, andl need to know -- I mean, I'm not going to concern myself so much with the County, but with the City's, you know, bond based on homeland security. Mr. Hernandez: Commissioners, we'll look to see what -- Commissioner Sarnoff OK. Mr. Hernandez: -- we can find and bring it to you as soon as possible. Commissioner Sarnoff So, I -- Chairman Gonzalez: All right. Commissioner Sarnoff -- I'm going to make a motion to defer this matter. Chairman Gonzalez: All right. We have a motion to defer -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Podhurst: Can I ask just a --? Is it to the May 10 meeting? Are we --? Commissioner Sarnoff Yeah, that's fine. Commissioner Spence -Jones: Yes. Commissioner Sarnoff May -- to a specific -- Mr. Podhurst: Is that the OK? Commissioner Sarnoff -- time ofMay -- Mr. Podhurst: Is that -- am I out of order, or can I ask for the May 10 meeting? Is that --? Commissioner Spence -Jones: Well, I asked for it (INAUBIBLE) -- Mr. Podhurst: OK. Commissioner Spence -Jones: -- first meeting in May. Mr. Podhurst: Because there would be -- OK. Chairman Gonzalez: They're going to have it ready for the -- for May 10. RE.5 07-00427 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACMENT(S), Capital ACCEPTING FUNDS RECEIVED FROM THE MIAMI-DADE COUNTY Improvement BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND ("GOB") Programs/Transpor IN THE TOTAL AMOUNT OF $7,000,000, FOR THE ORANGE BOWL tation REDEVELOPMENT A/E SERVICES AND CONSTRUCTION PROJECT City ofMiami Page 144 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 B-30153B; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AND TO EXECUTE ANY REQUIRED DOCUMENTATION RELATED TO THE RECEIPT AND ADMINISTRATION OF SAID FUNDS, WHICH WILL BE APPROPRIATED AT A LATER DATE. 07-00427 Legislation .pdf 07-00427 Exhibit .pdf 07-00427 Exhibit 2 .pdf 07-00427 Summary Form.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-07-0217 Chairman Gonzalez: RE.5 is a resolution, right? Mary Conway (Chief of Operations): Yes. Chairman Gonzalez: It's accepting money from the County from the GOB (General Obligation Bond) for the Orange Bowl? Ms. Conway: That's correct, in the amount -- Chairman Gonzalez: But -- Ms. Conway: -- of $7 million. Chairman Gonzalez: -- I do have one simple question. Mr. Manager -- Pedro G. Hernandez (City Manager): Yes. Chairman Gonzalez: -- this money that we're accepting from the County for the Orange Bowl, are we going to be spending that money now or --? I hope not. Mr. Hernandez: Well, we do have architecture and engineering services that are ongoing. Ms. Conway: The services that we have that are ongoing right now are funded through the City's bond. What we're trying to do with this is to commit these dollars, via the agreement, so that we have the commitment in place with the County for the revenues. However, we don't intend to expend these monies at this point unless the project advances, based on the outcome of our discussions with -- Mr. Hernandez: But the overall commitment of the County to that project is 50 million, and they're sending their first draw for that overall project, except that the project itself has not been defined and/or approved by this City Commission. Chairman Gonzalez: All right. Commissioner Sarnoff Oh, wait. I'm sorry, I don't mean -- but I'm going to be Joe Sanchez for a second. I don't thinkl understand. I didn't mean it like that, but -- Mr. Hernandez: OK. City ofMiami Page 145 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff -- is the money yet drawn or is it just waiting --? That's the part I'm missing. Mr. Hernandez: Well, the County committed, through the -- Commissioner Sarnoff Right. Mr. Hernandez: -- GOB, 50 million to the Orange Bowl -- Commissioner Sarnoff Right. Mr. Hernandez: -- renovation. This is their first contribution towards that overall 50 million. They're sending that seven million to us. However, at this point in time, we still don't have -- Commissioner Sarnoff I got you. Mr. Hernandez: -- a final plan as to -- Commissioner Sarnoff Now I understand. Mr. Hernandez: -- what to do, so in essence -- Chairman Gonzalez: That's why I asked. Mr. Hernandez: -- we'll have -- Commissioner Sarnoff Right. Mr. Hernandez: -- the seven million in an Orange Bowl account -- Commissioner Sarnoff I should have listened more carefully. Mr. Hernandez: -- for whatever the future improvements are. Chairman Gonzalez: All right. Vice Chairman Sanchez: But if you guys don't want to receive it, it's perfectly fine. Commissioner Sarnoff No, no. I -- Chairman Gonzalez: No. It's fine. We want to receive it. We're going to keep it safe -- Vice Chairman Sanchez: So move. Mr. Hernandez: Yes. Commissioner Sarnoff Second. Chairman Gonzalez: -- to make sure that we don't -- all right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 146 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.6 07-00428 Department of Capital Improvement Programs/Transpor tation RE.7 07-00341 Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I didn't hear your seconder. Commissioner Sarnoff Me, Madam -- Ms. Thompson: Thank you. Commissioner Sarnoff -- Clerk. Chairman Gonzalez: Commissioner Sarnoff. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND, SECOND CYCLE, IN THE TOTAL AMOUNT OF $9,991,000, FOR THE GRAPELAND HEIGHTS PARK CAPITAL PROJECT, B-35828 AND B-30105; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AND ANY REQUIRED DOCUMENTATION RELATED TO THE RECEIPT AND ADMINISTRATION OF SAID FUNDS, WHICH WILL BE APPROPRIATED AT A LATER DATE. 07-00428 Legislation .pdf 07-00428 Exhibit .pdf 07-00428 Exhibit 2 .pdf 07-00428 Summary Form.pdf 07-00428 Pre -Legislation .pdf 07-00428 Agreement.pdf 07-00428 Pre -Legislation 2 .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-07-0218 Chairman Gonzalez: RE.6 is also to receive money from the GOB (General Obligation Bond), in an amount of $9 million, right -- $IO million -- Mary Conway (Chief of Operations): That's correct. Vice Chairman Sanchez: So move. Chairman Gonzalez: -- from Capital Improvement at -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- Grapeland Park. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION City ofMiami Page 147 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") 2006-2007 MULTI -YEAR CAPITAL PLAN ("PLAN"), ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2005) AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW OF THE PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 07-00341 Legislation .pdf 07-00341 Summary Form.pdf 07-00341Submittal Bond Reallocation Spreadsheet. pdf 07-00341 DRAFT_CAPITAL_PLAN_12APR07.pdf 07-00341Presentation 06-07 Capital Plan 04-12-07.ppt Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0219 Direction by Vice Chairman Sanchez to the City Manager that the following be provided to District 3 by the City, in relation to the second series of capital improvement bonds: (1) A detailed report on every District 3 project planned pending, and completed for every item in the capital improvement plan, to include all sources of funding; (2) A cost breakdown for District 3 projects, to include design, supervision, planning, management and consultant, versus dollars spent on the actual project itself and each future project should have a defined cost, time for construction, and time for project completion; (3) More meetings should be held with District 3 by the City Manager and Capital Improvements, and an enhanced tracking program should be created, to include site visits along with contract information pertaining to the project manager, architect, and prime contractors; and (4) Projects requiring change orders should come back to the City Commission for approval, should they exceed a certain amount of money. Direction by Chairman Gonzalez to the City Manager to provide him the cost for each of the shelters installed in Fern Isle Park. Chairman Gonzalez: RE.7, approving the multi year capital plan. Vice Chairman Sanchez: All right. Pedro G. Hernandez (City Manager): Commissioners, while they're setting up, this has been an item that we have working on and briefing you over the last, I would say, couple of months. I appeared Tuesday evening before the Bond Oversight Board, explain what I believe has happened over the last few years, and after an hour discussion, obtained their support, you know, for the item. We're looking at a bond program that was approved by the voters back in November of 2001. It was based, initially, on projects that were a concept, at best, at that time, and the associated price tags were of that nature. I would say preliminary and conceptual at best. As the projects went through the design process, the refinement of the scope, and we also went through a very difficult period of construction cost escalation. We're run into a situation where we have a higher demand for funds than we had to be able to do all the projects in the first Manche or the first series. Mary and the Capital Improvements Department has gone -- they have gone through a process of evaluating every project, and in essence, reallocating dollars to City ofMiami Page 148 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 projects that are ready to go forward at this point in time. In no way does that mean that we are going to delete, eliminate, or forget about the other projects that were promised to the voters back in November of 2001. My commitment and that of the Capital Improvement Department is to go back, reevaluate every one of the projects, validate the scope, and proceed to eventually complete every one of those projects that was committed. With that, I -- Mary has a presentation on the program, and I ask for your support. Vice Chairman Sanchez: All right. Mary Conway (Chief of Operations): Thank you. We're -- Vice Chairman Sanchez: OK. Go -- Ms. Conway: Mary Conway, chief of operations. We're just going to go through briefly a few slides, andl believe you were all given copies of the presentation in advance. Basically, the development process that was used in the development of this year's capital plan involved what the Manager just described as far as looking at the bond proceeds. The focus, obviously, was on committing the projects through -- and getting them through the planning, design, and construction phase, and we also did look at deferrals and advancement swaps that have been before you previously so that we could commit the proceeds, and then we also worked very closely on identifying any funding gaps, and we've briefed you in detail on that. We also focused on developing all of the other projects that are funded with non -Homeland Defense/Neighborhoodlmprovement Bond sources, and those include street infrastructure projects, traffic calming, flood mitigation, et cetera. As the Manager mentioned, the various reasons that the changes are attributed to -- have to do with refining projects, scopes of work, and cost estimates, addressing unforeseen conditions. We've also allocated new revenue and resources, and we have dealt with construction cost escalation due to the competition in the market currently. Some projects have been modified; the scopes have been modified based on unforeseen conditions, such as the contamination remediation that we found in several locations, land acquisition costs, and other things that have been brought before you previously. We also focused a lot of effort on working with each of the Commissioners to develop -- and with the Public Works Department to develop and refine all of the projects that are included as part of the streets bond. The streets bond is roughly 150 million, special obligation bond that'll be secured by the transit half -cent surtax, local option gas tax, and the parking surcharge. On this slide we're just showing progress over the years, as far as the dollars that have been committed and spent by the Capital Improvements Department or by -- throughout the entire city on capital expenditures, and this one is significant in that you can see that the City's expenditures have gone from 34 million in 2001 to 104 million in last year's fiscal year. Other significant initiatives that the Capital Improvements Office is working on: the Orange Bowl project that was discussed a few minutes ago; the streetcar project, which is a critical element in the City's compliance with the state -mandated transportation concurrency provisions, and as well as museum park in transitioning the development of Bicentennial Park to house a world -class public park facility and the Museum of Art and Science. The streetcar project is particularly significant in that it responds to Miami 21 principals of smart growth and provides a viable transit alternative and transportation alternative in the heavily dense eastern urban core, and we anticipate bringing the item back before the Commission in May for approval of the alternatives analysis, as well as the permission to pursue a public private partnership for the design and implementation of the project. That's a critical -- and that it's supported by Florida Department of Transportation grant monies for transit purposes, and the City would like to see those dollars committed and not reallocated to other projects in the state. We've also gone through the beginning efforts of a comprehensive assessment of city facilities to assess their condition and identifi, the needs for repair works or -- repair or upgrades to those facilities. Some preliminary information has been included in this year's capital plan, and we intend to come back with an amendment to more clearly identifi, what those needs are and their costs. City ofMiami Page 149 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Pilar Saenz: The Financial -- Pilar Saenz, assistant director, Capital Improvements -- Integrity Ordinance requires us to present the capital plan by the 11 funds, which also correlate with our financial system in the City. This shows you that the largest fund is the street and sidewalks fund representing 32 percent of the capital plan; the Parks and Recreation fund accounts for 20.2 percent, and Public Facilities is the third largest fund in the plan, accounting for 11.1 percent. The funding sources that fund all the projects are usually categorized into one of seven different types of funding sources, such as grants that can come from the federal government or state government. The City bonds represents the largest share of our funding in the capital plan, and it accounts for 45 and a half percent of the funding sources towards the projects. The funded proportion chart shows the capital plans, and since it's a six year planning tool, contains estimates for future projects, for which funding hasn't been identified at these -- at this time. These unfunded amounts account for 44 percent of total estimates in the plan, and the projects, on an annual basis, are evaluated and prioritized and reviewed and then, depending on availability, are either funded or continued as -- shown as unfunded projects. Ms. Conway: Next, we just wanted to highlight several of the more significant projects that are not fully funded at this point, but we're still working to develop funding strategies. While three of the fire stations are fully funded through the Homeland Defense/Neighborhoodlmprovement Bond program, we do have a need for additional funding for fire stations 1 and 10. We also are still pursuing additional state grants and funding to complete the dredging of the Wagner Creek/Seybold Canal. We also were working to identify funding for the public portion of Museum Park, and then with the Orange Bowl, working to develop a viable finance strategy for that project. Ms. Saenz: The operating impact is also a required component by the Financial Integrity Ordinance, and the capital project impacts -- attempt to identify all our associated operating costs, such as human resources, maintenance, utilities, or equipment, and this is a summary of the capital impact -- of the operating impact from our projects, and the capital plan does contain a detailed section, by project, by department, in the plan. Ms. Conway: As the Manager discussed earlier and as we've discussed in the briefings, we are recommending reallocations of a portion of the bond proceeds, and basically, that's to complete all of the projects that were initiated using the first series proceeds. We also focused on completing the public safety projects that were included in those -- that would be the police training facility and the three fire stations, 11, 13, and 14, so that we can address the funding gaps on those projects and have them completed, and as the Manager noted, we did bring the item, again, back before the Bond Oversight Board on Tuesday night, where it was unanimously approved. The next steps, as far as the capital plan, the next item that's before you will be appropriations for some of the dollars, and then we'll continue to bring back appropriations of dollars to the capital plan. The City is -- will be meeting with three bond rating agencies within the next several weeks. Actually, two weeks from today will be the first meeting, and we'll be bringing back legislation before the Commission to approve the issuance of bonds, the remaining dollars for the Homeland Defense/Neighborhoodlmprovement Bond, as well as the first series of the streets bond, and then we will continue again, as the Manager mentioned, to seek financing options to fund infrastructure needs, including deferred maintenance throughout the City. That ends the formal presentation associated with RE.7. Vice Chairman Sanchez: All right. That concludes the presentation. This is RE.7, which is a resolution. Any discussion from the Commissioners on this? Commissioner Regalado: No. Mr. Chairman, I had the same briefing in -- Vice Chairman Sanchez: All right. Commissioner Sarnoff, do you have any discussion on this item? City ofMiami Page 150 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff I don't. Vice Chairman Sanchez: You don't? Commissioner Sarnoff No. Commissioner Spence -Jones: I do. Vice Chairman Sanchez: OK. You're recognized. Commissioner Spence -Jones: And -- I thank Mary and her team for, you know, going through all of the -- well, let me just make sure. I just want to make sure, because the next item that's coming up is -- Mary, the next item coming up is about the reappropriations, right? Ms. Conway: No. Commissioner Spence -Jones: OK. Ms. Conway: It's included as a part of this item. Commissioner Spence -Jones: OK, so I just want to -- andl don't want to open up a can of worms and then have everybody else trying to fish with them, but I -- my only concern is to make sure that those things that asked to have added -- because I had to lose some of my parks. I do see them in the final report that you provided me just a few seconds ago, but I -- there are some additional ones that are not here now, and I don't know if you want me to read those into the record or you want me to just present them in the records, that's fine. I just -- you know, I know you guys have gone back and forth on this issue, so I made promises to my constituents that certain parks or certain things would take place, so if I'm having your word that that's going to hap -- that these things are going to take place -- because there's -- what I'm looking at -- the final revision that you're giving me, I see a lot of handwritten stuff in here. To me, handwritten stuff means sometimes it doesn't make it to where it needs to go, so I just wanted -- Ms. Conway: I think it would be appropriate for you to state it for the record, andl can respond. Commissioner Spence -Jones: Are you fine with that? OK, so I'll start with -- andl hate to have to go through each and every last one of them, but I just wanted to make sure, based upon the commitment to Oakland Grove Park, those folks have never received anything. It's been a long time since they've had anything in that area. Your commitment -- we made the adjustment from it going from 15 to 70. I want to make sure that that's -- Ms. Conway: Can -- I've spoken with the Park's director, and we're committed to making improvements in that park. Commissioner Spence -Jones: OK, so it's -- that's -- but it's not coming from here? Ms. Conway: No. Commissioner Spence -Jones: OK. All right. The other real big issue -- and I'm not going to go through all the rest of them -- is the Little Haiti Park, andl know that we hate to talk about Little Haiti Park, but we have spent a lot of money on Little Haiti Park. I know that we're making adjustments on it, but think one of the biggest concerns that my constituents have is now that we spent all this money, we won't officially have a building in the soccer park, correct? Ms. Conway: No, that is not correct. City ofMiami Page 151 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: OK, so we will -- Ms. Conway: The contract that we have with RDC (Recreation Design and Construction) has $800, 000 for a community center building that's approximately 1,600 square feet; a 750-foot NET (Neighborhood Enhancement Team) office, as well as restrooms and storage -- Commissioner Spence -Jones: OK, so -- Ms. Conway: -- so it's smaller than the space that would have been provided had we been able to renovate the existing -- the once -existing church buildings, but that -- there is a budget in there for that. It's not as large of a facility, and we're in the process of calendaring a meeting with you and with area residents, with the Manager and Larry Spring and myself so that -- Commissioner Spence -Jones: -- and you -- Ms. Conway: -- we can go through that. Commissioner Spence -Jones: -- feel pretty confident that the $800, 000 is enough to build a building? Ms. Conway: Of that square footage, which is roughly 2,500 -- Commissioner Spence -Jones: What was the original -- Ms. Conway: -- 2,600 square feet. Commissioner Spence -Jones: -- commitment to the community? It's -- just so we put it all out there? Ms. Conway: The original size of the church building was just over 4,000 square feet. Commissioner Spence -Jones: OK. Yeah, so it's a big drop-off so I would just -- would like to, at least, put on the record that we try to figure out a way, Mr. Manager, to, at least, keep our original commitment, and maybe there's another source or another way that we can find the necessary resources to, at least, make sure the folks have -- you know, have the -- if not the same amount of space, at least close to that amount of space, and let's not just put any type of little building there that's going to be a problem later on. Let's figure out a way to make sure that it works. Is that something that we can --? Mr. Hernandez: Yes, it is. This is one of those -- Commissioner Spence -Jones: Because you know I have board members -- Mr. Hernandez: -- change -- Commissioner Spence -Jones: -- and community members that are really upset about it. Mr. Hernandez: -- circumstances that we have to deal with, and now react in the best possible way and get the best possible -- the largest possible building that we can get at this site. Commissioner Spence -Jones: OK. I won't worry about the rest. I'm going to trust that, Mary, what you've written on here is going to happen, OK, so -- Vice Chairman Sanchez: All right. City ofMiami Page 152 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: -- second. Vice Chairman Sanchez: OK. Commissioner Spence -Jones: Or did we have a second already? Vice Chairman Sanchez: There -- I believe there's a motion -- there's -- OK. Can we get a motion and a second on RE.7? Commissioner Sarnoff I'll make a motion. Vice Chairman Sanchez: There -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. On this item, and I'll try to be brief on this item, which really would require a lot of discussion, but I think we've had that discussion in private, where these discussions need to be. I hope that we have learned from our growing pains in the first allotments of the bond issuance, OK. We have, for some reason or another, beyond our control or within our controls, some of the projects have gone over budget and some justifiably with environmental issues and stuff, but let me tell you something. We have to have a different philosophy, and it's a philosophy that exists in the private sector. Government's philosophy is this is not my money; it's the people's money. You know why I tell you that I know that there are no concerns out there when it comes to the developers and the people that we have hired to do these projects? Because they haven't complained to me, and the reason is, when change orders come about, they get those change orders, so we have to -- on the second allotment, I think we're going to have to have a different mind frame as to how we're going to do this, and we've learned from our growing pains in the past. I hope that all the Commissioners that are here, andl know that each and every one of you -- of us have experience something pertaining to our projects. I mean, we all have projects in our districts. We all have been forced to sit down with you and find a reasonable solution to the cost overruns or the problems that exist with the implementation or the construction of the project. I'm going to put four things out that I really took the time to, on this next allotment, that it's going to, not only help you, but it's also going to help my staff and my district to really keep a close tab on all these projects, OK. Let me put it down. One is providing us with a detailed report on every District 3 project, completed, pending or planned. That's every item listed in the cap plan that shows every source of funding for each project down to the last penny, andl don't want to micromanagement [sic] anybody, but things have happened in certain projects in my district, which I hope never happen again. It's no good for me. It's no good for you. It's no good for the City when people ask why did that project go over $2 million in cost overrun, or why has that project not taken off yet, and in many cases, we don't have the information -- adequate information to pass on to the people that are concerned with those projects. The other thing is I want, a compiling, a breakdown of each District 3 projects to show how much is spent for design, planning, supervision, management, and consultant versus the dollars spent on the actual bricks and mortar, hard material that goes into the project in itself whichever -- it's a gym, a plaza, or a street improvement project. I think, from now on, when we put something out that has to have a price -- in other words, if you're going to build something, it has to have a price, a time of construction, a time of completion on that project, which things have improved a bit in some of the last projects in my city [sic] as well as the City. Also, I think there needs to be more meetings with each -- with you and the City Manager pertaining to all -- to creating a tracking program that goes above and beyond the information that you provide us in our office, and that may be site visits to some of these projects, which I know is very important. I know one Commissioner here does a lot of that, and he's on top of his project, and that's the Chair, but I think that's very important, and contract information on project managers, architect, and prime City ofMiami Page 153 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 contractors is very important, because there are times that drive through a construction site or a project, andl -- you know, I have to call you or call somebody to get a hold of the individual. Maybe I can have a direct line to the project manager to make sure that things could be expedited in a way or another, and then, of course, I think that projects that may need change orders or other alternations [sic] or -- you know, changes in the change orders. You know, if there're [sic] a large amount of money, I think they should come back to the Commission, as they do, but I think that we should put a certain amount of money -- if some of these projects go over in such an amount, they need to come back to the Commission. In other words, I think, at times - - maybe it's too easy to say yes to a change order, and the burden falls on you as the executive director of CIP, so those are just some recommendations that have proffered for my district; I hope that other Commissioners do, and I took some of these from the Chair in itself as to how he monitors his projects and stuff, so I just wanted to state that for the record, andl believe we're ready to vote on it. Chairman Gonzalez: No, not yet. Vice Chairman Sanchez: No -- Chairman Gonzalez: Not yet. I just want to make a comment. Ask a couple of questions first, because we have two new Commissioners on the dais. Mary, how much money are these bonds all about, $255 million, right? Ms. Conway: For the portion of the capital plan -- Chairman Gonzalez: Both series. Ms. Conway: -- that is Homeland Defense NeighborhoodlmprovementBond, 255 million. Chairman Gonzalez: $255 million, and this is not the fault -- and this is so you understand why I fight so hard for my projects and for money for my district, and that you start to learn why I have to fight so hard, andl don't want to go into the specifics, and it's not the fault of anybody that is here now, OK. Let me make that clear, butl -- andl don't want to go into the specifics of how much money went to District 5 or went to District 4 or District 3, but you -- would you believe that out of $255 million, only $20 million were assigned to District 1 ? Only $20 million out of $255 million, and out of those $20 million, $9 million were earmarked to clean up a contamination that was created by the City itself, using one park as a dump site for more than 40 years, so that means -- Commissioner Spence -Jones: Nine million of your dollars left for something -- Chairman Gonzalez: -- that my district end up with $11 million total out of $255 million. Thank God, that my colleagues have been supported [sic] of me; the Administration have look for ways, and I have to recognize Joe Arriola who fought, incredibly, to find monies so I could have built some projects in my district, OK, but let me tell you. It's very sad; because there is no way that I can explain to the residents of my district that in this second series, they won't have any projects. They won't have any roads. They won't have any sidewalks. They won't have any buildings. They won't have anything. How can I explain that to them? Well, there is a way to explain it to them. I wasn't sitting at this chair at the time that this was designed and this was prepared because I would have had fought for them the way that I do everyday on this dais. To the point, andl want to use the opportunity to mention it, because I'm going to be mentioning it, Mr. Manager, over and over and over again. The only golf course that we have in the City ofMiami is in my district, andl don't know, Commissioner Sarnoff, ifyou have visited the golf course. Commissioner Sarnoff I go by it frequently. City ofMiami Page 154 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: It is a shame. What they have for a clubhouse are tents and trailers. The only golf course that I have in my district. I'm trying to build a clubhouse so, first of all, we can increment the membership of the golf course, so we have more golfers go and play at the site and generate more revenue, because we're paying a subsidy every year to -- just to maintain the golf course, and of course, the way that things are here, once in a while, you know, the first option was to let's lease it out to someone to build hotel and to build a shopping center, and then, you know, they will take care of the golf course. No, I'm not going to do that. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: I'm not going to allow it to build a shopping center. I'm not going to allow to build a hotel. We need to take care of that golf course because it is our golf course. Maybe five years ago, four years ago, I went to MSEA (Miami Sports & Exhibition Authority) andl got - - I was able to get the support of my -- of the board members and got $2.6 million earmarked to build this facility at Grapeland Park -- I mean, atMelreese Golf Course. Well, in order to build the building, we need at least -- we need to -- in order to build the facility that we need to build there, we need at least $5 million, so I'm short $2.4 million, OK. I don't know how we're going to solve it. I will keep fighting for it, you know, the time thatl'll be here, be the time that it be, but it's -- you know, it's sad. I mean, you know, $255 million, and when I go back andl think andl look at this, you know, I say, my God. You know, I can't even build, you know -- because the water park that we're building -- we're building the water park because we got money from the GOB from the County. Otherwise, we wouldn't have been able to build anything. Maybe the baseball fields, and that's it, you know. Even to build the community center in the park, we had to work at our different numbers and get 50, 000 from here, 200 from there, 300 from over here and put it together, and try to come up with a budget so we can build the community center at the park, so you know, I just want to let you -- and once again, I'm not blaming anybody, OK? It's life. It's the way it is. We weren't here. I mean, I weren't [sic] here, so there was nothing that I could do to solve the situation, but Mary, I was listening to Commissioner Sanchez, and let me tell you. Like he says, I go by my projects every single day, sometimes twice a day, and when I saw this at Fern Isle Park, I almost had a heart attack. This is a shelter. I remember when we first started here -- when I first started as a Commissioner, we had about $800, 000 for Maceo Park. With those $800, 000, we built five shelter -- six shelters, as a matter of fact, a vita course, and a bathroom for the park, plus other improvements, OK? I'll bet you that each one of those structures is costing us -- and Mr. Manager, I would like to get the price tag of each one of those shelters, butl bet you that it's going to -- it's costing us no less than $200, 000 each. No less than $200, 000 each. I mean, you know, that's -- that is throwing money away like you never seen. I don't see a reason for that. When the plan was presented to me, it was a plan to build two baseball fields, a vita course, and four shelters -- or three shelters, plus the building for the park. Shame on me. Shame on me that didn't ask for the specifications of these shelters, because ifI would have asked for the specifications of the shelters and the building, and you would have had given me that, I would have said stop everything, Mr. Manager. We need to sit down and take care of this business. That is outrageous. This is outrageous. We're building a Roman coliseum in here. A shelter -- that the entire purpose of these shelters is to have picnics, and you should see the structure of the roof so you know, we need to stop wasting money. No wonder, we have shortfalls. If we go project by project, we're going to identify problems, like this problem, that causes the shortfalls. Not everything is -- the overrun and the cost of construction -- I know construction cost has gone up 40 percent, 35 percent, but not to this extreme. These are 20 -- these columns are 20 inches. I mean, this is huge. It's like this, so to all of you that have money on the second series, to all of you that are going to have projects on the second series, I tell you, you better make some time, go by your projects, ask for the plans, look at the specifications, find out what they're going to give you, because you know, you're going to end up with a lot of shortfalls on all of your project [sic]. That's all have to say. Vice Chairman Sanchez: All right. Anything -- City ofMiami Page 155 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.8 07-00429 Department of Capital Improvement Programs/Transpor tation Commissioner Sarnoff Mr. Chair. Vice Chairman Sanchez: -- else on RE.7? Commissioner Sarnoff Mr. -- yeah. Mr. Vice, I haven't said anything, and I'll be very brief. I just want to turn the conversation a little bit around, andl didn't ask any questions ofMary. The reason I didn't is because my 117 days in office, I probably have never had a better relationship or a better understanding with a person like Mary, who comes in, explains herself, gives you detail reason, what I think is a cogent explanation, and she is extremely proactive in returning my calls and answering my questions. That's how I know Mary Conway. That's the only way I know Mary Conway right now. I have not been through the process of the shovel going in the ground or a column being misplaced or too big yet, but I just -- I think sometimes we don't pray - - Mary, I think, bears the brunt of a lot of things in this city that maybe she's designed to bear that brunt, but sometimes we need to say thank you, andl just want you to know, Mary, that the 117 days plus I've been in this office, I look forward to seeing you. I walk out of every meeting informed, understood. We can have a difference of opinion. We respect each other's positions on things, and I just couldn't have a higher praise for you as -- in the position you're in, andl know you're now the Assistant, I think, City Manager, andl think the City's in great hands from that perspective, andl have not seen the shovels go to fruition, andl hope to, andl hope to see it very shortly because most of my money is going to come in this time, but I just want to put that on the record. I think everybody should know that, andl think, Mr. City Manager, you should be very proud of her, because I think she deflects a great deal of what would be a lot of bad news off your shoulders. Vice Chairman Sanchez: All right. RE.7. 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS AS APPROVED BY RESOLUTION NO. 06-0730, ADOPTED DECEMBER 14, 2006, TO REVISE CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS AND APPROPRIATE NEW FUNDING. 07-00429 Legislation .pdf 07-00429 Exhibit .pdf 07-00429 Summary Form.pdf Motion by Commissioner Regalado, seconded by Chairman Gonzalez, that this matter be DENIED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Gonzalez and Regalado Noes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones R-07-0220 Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Noes: 2 - Commissioner Gonzalez and Regalado City ofMiami Page 156 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: RE.4? Chairman Gonzalez: No. RE.8. Vice Chairman Sanchez: I mean -- I'm sorry, RE.8. Pilar Saenz (Assistant Director, Capital Improvement Projects): RE.8, Commissioners, is a resolution amending appropriations for capital projects, and it includes appropriations of grants that you have already approved the agreements for earlier in the day. For example, the GOB (General Obligation Bond) dollars, the FDOT (Florida Department of Transportation) grant for North Garden Spring -- North Spring Garden Greenway, and the -- for example, the Orange Bowl dollars from the GOB are included in this appropriating resolution and specifically to the Orange Bowl project number, so that's what RE.8 is. It's an appropriating resolution. Vice Chairman Sanchez: All right. RE.8 is a resolution. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones, second by Commissioner Regalado. Discussion on the item. Chairman Gonzalez: Yeah, I have a discussion on the item. I -- Vice Chairman Sanchez: Mr. Chair, you're recognized. Chairman Gonzalez: I guess -- I can't vote in favor of this because, you know -- once again, you know, I can't vote to support a streetcar that is going to cost $280 million, $300 million. I don't know how many million dollars it's going to cost. I can't vote to support that when I don't have two hun -- two million -- two and a half million dollars to do a real need to the community. When I can't improve one of our facilities that we own, OK, I can't vote to support this. When we are talking about reducing or maybe not being able to fund the meals at the community centers for the senior citizens, how can I vote to support a streetcar that is going to cost $280 million? Mary Conway (Chief of Operations): Commissioner, ifI might, the item that you're seeing there, the 1.5 million, those are dollars that have already been approved by the Commission, and this is an accounting change associated with the conversion from GEMS to Oracle, and Pilar can explain that in more detail. Chairman Gonzalez: Well, you know, once again, I mean, there are five Commissioners here. This item is going to pass, but you know, I'm just putting on the record that based on principle, when I can't build projects much needed in my community, that projects that, as a matter of fact, are citywide, like a golf course, and when I have to be concern now on how I'm going to provide meals to my senior citizens in my district next year, I cannot support to spend $280 million on a train. It's that simple. That's -- it's a matter of principle, so -- and you know, and I know it's going to pass, butt needed to put it on the record. Thank you. Vice Chairman Sanchez: All right. Commissioner Regalado: But -- Vice Chairman Sanchez: RE.8. City ofMiami Page 157 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: -- are we --? What are we doing here in terms of the streetcar? What are the funding for the streetcar? Chairman Gonzalez: Well, we're not building the streetcar yet, but we keep spending money on consultants and plans and drawings and studies -- Pedro G. Hernandez (City Manager): It's -- Chairman Gonzalez: -- and you know. Commissioner Regalado: Oh, is there any money here from -- for the streetcar project in this resolution? Mr. Hernandez: Commissioner, these are monies that -- Commissioner Spence -Jones: They were already -- it was already in the -- Mr. Hernandez: -- already been approved and placed in a -- Commissioner Spence -Jones: -- it was in the bond already. Mr. Hernandez: -- special revenue fund and through the Oracle system, they're now being moved into another account, a capital account. Ms. Conway: That's correct. Mr. Hernandez: These are dollars that come from the half -cent sales tax, is that it? And those are earmarked for transportation projects, so -- I mean, even if we wanted to, we couldn't use them for -- Commissioner Regalado: Oh, transportation. Chairman Gonzalez: But let me -- Mr. Hernandez: -- other purposes. Commissioner Regalado: Transportation. Chairman Gonzalez: But if you allow me. Mr. Hernandez: Transportation, right. Chairman Gonzalez: It's transportation money, right? Commissioner Regalado: Yes. Mr. Hernandez: Yes, it is, sir. Commissioner Regalado: We're going to do sidewalks. Chairman Gonzalez: Exactly. Could you imagine how many sidewalks we need to build in this City? Would you imagine --? Have you realized how many street we need to repave, we need to reconstruct, we need to do -- and we are thinking about building a little train -- Commissioner Spence -Jones: A little train. City ofMiami Page 158 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: -- for a little area, and the rest of the City, you know -- I mean, come on, Mr. Manager, come on. Let's be serious about this. Mr. Hernandez: Mr. Chairman, we got to start somewhere. Vice Chairman Sanchez: All right. Chairman Gonzalez: I know. Yeah, but not by building a train. I'll tell you what. If you come up with a proposal where we can have a circulator through the entire City ofMiami, I'll vote in favor of that, because then my citizens might -- my residents, they don't have to worry about walking on the sidewalk; they can jump on the train. Mr. Hernandez: We need to work on stretching the system. Vice Chairman Sanchez: All right. RE.4 [sic] -- Jorge L. Fernandez (City Attorney): Mr. -- Vice Chairman Sanchez: -- for the record, there is a -- Priscilla A. Thompson (City Clerk): RE.8. Chairman Gonzalez: 8, 8. Vice Chairman Sanchez: -- there's been a motion and a second. RE.8. Chairman Gonzalez: RE.8. Commissioner Regalado: Wait, whoa, whoa. RE.4. Vice Chairman Sanchez: RE -- Chairman Gonzalez: RE.8. Vice Chairman Sanchez: -- 8. Ms. Thompson: RE.8. Commissioner Sarnoff RE.8. Commissioner Regalado: Oh, oh. Vice Chairman Sanchez: And you second it. Commissioner Regalado: I thought that -- Vice Chairman Sanchez: Do you still want to -- Commissioner Regalado: -- the museum is coming back. My God. Chairman Gonzalez: No, it's not. Vice Chairman Sanchez: -- second this, Commissioner Regalado? City ofMiami Page 159 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: No. I withdraw my second. Vice Chairman Sanchez: I'm sorry? What did he say? Commissioner Regalado: I -- Mr. Fernandez: Mr. Chairman. Commissioner Regalado: --from the minute that heard streetcar -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- I panic. Vice Chairman Sanchez: So you pull your second? Commissioner Regalado: Yeah. Vice Chairman Sanchez: All right. We need a -- we still need a second or it dies. Come on, guys. I mean, we got to get out of here. Chairman Gonzalez: All right. I will pass the gavel. Commissioner Regalado: OK. I tell you what. Vice Chairman Sanchez: No, no, no, no. It's OK. It's OK. Commissioner Regalado: I make a motion to deny. Vice Chairman Sanchez: No, no. There's already a motion -- oh, you withdraw yours? Commissioner Regalado: Yeah. Vice Chairman Sanchez: To deny? All right. There's a motion to deny. Is there a second? Chairman Gonzalez: Second. Vice Chairman Sanchez: OK. Second by the Chair. Listen, I'm not going to throw out the baby with the bath water on this one, so -- I mean, you (UNINTELLIGIBLE) want to put it on a vote? It's for a vote. Any discussion? Mr. Fernandez: Mr. Chairman, perhaps what -- if it's not this means of transportation that makes Commissioner Regalado react -- Commissioner Regalado: No, no, no, no, no. No, no, no, no, no. Listen to me. Mr. Fernandez: I haven't finished. Commissioner Regalado: No, no, no, no. Listen to me. This is not about Commissioner Regalado and the streetcar. This is about citywide serving all the residents, because if you go to my office, I have a list of 123 places with sidewalks broken, and you know what? The worst thing is that we intend, as a City, to tell the resident, you have to fix the sidewalk -- Chairman Gonzalez: Oh, yeah? That's what we're doing. City ofMiami Page 160 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Fernandez: Yeah. Commissioner Regalado: -- and you have to pay for it -- Chairman Gonzalez: That's what we're doing. Commissioner Regalado: -- so if we're going to do this, and if we're going to spend $200 million in a streetcar so that some people can drive from Midtown to downtown -- Chairman Gonzalez: Downtown. Commissioner Regalado: -- well, you can do it, but without me. Mr. Fernandez: Well, the only -- Commissioner Regalado: But count me out. You know what I mean? Mr. Fernandez: -- point I was trying to make -- and I'm not arguing policy. I'm just trying to paint the complete picture so that you're fully informed with regard to the consequences of your decision. This morning Commissioner Spence -Jones made a very impassionate plea with regard to the Comprehensive Plan and the involvement of neighborhoods in -- with regard to amendments and changes to the Comprehensive Plan. We have a transportation element in the Comprehensive Plan that requires that for the density that you have approved and continue to approve with some frequency with regard to that central corridor, the State will soon pull the plug and not allow you to do any of that unless and until you provide a means of alleviating the congestion and the level of traffic, so level of service becomes a critical point here and -- Commissioner Regalado: Mr. City Attorney -- Mr. Fernandez: Yes. Commissioner Spence -Jones: It ain't working. Commissioner Regalado: -- as a journalist, I have to report the news, and because of that, I have to read a lot to be inform. I start reading the AP (Associated Press) Wire state at 4 a.m., and then I get the Herald, andl get USA Today, andl -- but mostly, I read AP Wire from Tallahassee, all the regional news. The Governor is about to present the budget with an eight percent reduction in the budget of the Transportation Department; $275 million less for transportation FDOT (Florida Department of Transportation). Of those monies, transportation programs will be affected and also land to be bought for expansion of the transportation issues. I also done some research, and there is no way that we are forced to do a streetcar. We are required to do means of transportation -- Mr. Fernandez: Correct, exactly. You're right. Commissioner Regalado: -- but not a streetcar. Mr. Fernandez: Correct. Commissioner Regalado: A trolley system, with 5,000 passengers a day, is acceptable -- Mr. Fernandez: Correct. Commissioner Regalado: -- for MPO (Metropolitan Planning Organization), for the -- City ofMiami Page 161 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Fernandez: Comprehensive Plan. Commissioner Regalado: -- Florida Department of Transportation -- Mr. Fernandez: Correct. Commissioner Regalado: -- even for the federal government. It doesn't -- we don't have to build a Metrorail. We don't have to build a Tri-Rail. We don't have to build a streetcar. Mr. Fernandez: Correct. Commissioner Regalado: The fact that we're building a streetcar or -- we know -- you are building a -- or trying to build a streetcar is because that's the vision. Unidentified Speaker: No. Commissioner Regalado: That's the vision. That's the legacy, but you know what? The legacy and the vision is going to take all of the money allocated for transportation of the half a penny tax that may be in the future one of the few resources that we are going to have for transportation when the State gets done with us in terms of property -- Mr. Fernandez: Correct. Commissioner Regalado: -- taxes, so there is no requirement of the streetcar. My recommendation, why shouldl insist in voting to deny? Because that way, the Manager and Mary and Larry will regroup and come back in the next -- without the streetcar, and that's it, and you know, look at the alternative. One thing can tell you, you guys better check -- you better check the budget that the Governor and the Speaker of the House have regarding the Florida Department of Transportation, because the draft I've seen doesn't show the $100 that you say are being promised to the City, but that's another issue for another time. Commissioner Spence -Jones: Larry -- Mr. Hernandez: Commissioners -- Commissioner Spence -Jones: -- do you have -- Mr. Hernandez: -- ifI may. Commissioner Spence -Jones: Larry, do you have a point --? Yeah. Mr. Hernandez: I think it's important to clarify what this item and especially the item dealing with the streetcar is about. These are monies that were approved by the City Commission about a year and a half ago, and these are monies that have been spent, and what this is is an internal transfer to move it from a special revenue funds code to a capital improvement code. That's just what that is. Vice Chairman Sanchez: And there're a lot of other items besides the streetcar, especially a lot of -- Commissioner Spence -Jones: Pertinent -- Vice Chairman Sanchez: -- park projects, so -- Commissioner Spence -Jones: -- and then, Larry, I'm sure you also have concerns that we -- this City ofMiami Page 162 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 -- our bond rating and all of that other stuff -- Larry Spring (Chief Financial Officer): If you will, Mr. Chairman. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: Go ahead. Mr. Spring: Larry Spring -- Chairman Gonzalez: Go ahead. Mr. Spring: -- chief financial officer. In the briefings that we had, one of the -- one of my concerns for the Commission, on a very, very high level, big picture is that the City is moving forward with issuing the next tranche of the Homeland Defense Bonds. Part of that is having the Commission support and approve the capital plan, knowing there're adjustments that can be -- can and will be made at the behest of this Commission. This item is part of that. If we -- you know, adjustments can still be made. You know, this is like the annual budget process. The budget pro -- the budget is -- Commissioner Regalado: Larry -- Mr. Spring: -- amended three or four times a year. Commissioner Regalado: -- we support your capital plan. That's the item before. Mr. Spring: I realize. Commissioner Regalado: It was 5/0. Mr. Spring: However, Commissioner -- Vice Chairman Sanchez: Let's vote it up or down. Mr. Spring: -- if we don't get the annual appropriation done, we can't spend -- Commissioner Regalado: Whoa, whoa, whoa, whoa. Mr. Spring: -- and this has -- Commissioner Regalado: You said that you already spent the money. Commissioner Spence -Jones: Well -- Mr. Spring: No, but there are other items in the -- Mr. Hernandez: The -- Mr. Spring: -- clean up. Commissioner Regalado: OK, then you bring back line by line. Mr. Hernandez: -- item dealing with the streetcar is the one that has been spent. The other items on the -- City ofMiami Page 163 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: Oh, really? Mr. Hernandez: -- the other ones has not -- have not. Commissioner Regalado: Oh, really? Mr. Hernandez: Like, for example, the Spring Garden, $1 million from FDOT, that's one of the other items. Commissioner Spence -Jones: OK. Mr. Spring: If we could -- Vice Chairman Sanchez: All right. Commissioner Regalado: Oh, really? But we did accept that grant earlier -- Mr. Spring: Right. Commissioner Regalado: -- in the day, but -- Mr. Spring: If you -- Commissioner Regalado: -- you see -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: -- let me tell you. It's all about perception. Vice Chairman Sanchez: Let's put it on a vote. Chairman Gonzalez: All right. Let's vote on it. Mr. Spring: May -- Vice Chairman Sanchez: Come on. Mr. Spring: -- I proffer --? Chairman Gonzalez: Do a roll call -- Vice Chairman Sanchez: No, no, no, no, no. Chairman Gonzalez: -- on the item. Vice Chairman Sanchez: We're going to -- there's -- no. There's a -- wait. We need -- there's a motion to deny, right? Commissioner Regalado: Yeah. Chairman Gonzalez: A motion to deny. I -- Vice Chairman Sanchez: The motion was made by Commissioner -- Chairman Gonzalez: -- second it. City ofMiami Page 164 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: -- Regalado. Who second it? You did? Chairman Gonzalez: I second it. Vice Chairman Sanchez: All right. Roll call for denial. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sarnoff? Chairman Gonzalez: Oh, I'm sorry. I can't have the gavel if I'm going to second it. Commissioner Sarnoff No. Vice Chairman Sanchez: Yes? Commissioner Sarnoff No. Ms. Thompson: No. Vice Chairman Sanchez: Oh. OK. No. I apologize. I -- all right. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: OK. I'm -- I have gotten so confused in these last few seconds. Madam Clerk -- Ms. Thompson: Yes. Commissioner Spence -Jones: -- OK. Just for point of clarification. The vote is to vote to deny, correct? Chairman Gonzalez: To deny. Ms. Thompson: The motion -- Commissioner Spence -Jones: OK -- Ms. Thompson: -- is to deny. Commissioner Spence -Jones: -- so ifI want -- Commissioner Regalado: If you vote yes -- Vice Chairman Sanchez: You deny it. No -- Commissioner Regalado: -- -- you deny. If you vote no, you make Larry happy. Commissioner Spence -Jones: No. I want to make Larry happy. Larry and Mary happy. Vice Chairman Sanchez: All right. Continue the roll call. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: No. I'm -- City ofMiami Page 165 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: No, no, yes. Chairman Gonzalez: -- sorry. Vice Chairman Sanchez: Yes. Chairman Gonzalez: Yes, yes. You got me confused. Vice Chairman Sanchez: OK. Chairman Gonzalez: Like to -- Ms. Thompson: Commissioner -- Chairman Gonzalez: -- confuse me. Ms. Thompson: -- Regalado? Chairman Gonzalez: That's not fair. Commissioner Regalado: Yes. Ms. Thompson: Then Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: OK, so that motion failed Vice Chairman Sanchez: Now, I have the gavel now. We need a motion to approve. Is there a motion -- Commissioner Spence -Jones: So move. Vice Chairman Sanchez: -- to approve? There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. All right. Roll call. Commissioner Sarnoff I just want to say I'm about to lose my virginity on the -- Vice Chairman Sanchez: No, you're not. Commissioner Sarnoff -- trolley car. I -- Commissioner Regalado: But you know, this probably -- Vice Chairman Sanchez: Hey, come on. We can't be stuck on this issue. I mean, we're never going to get out of here. Commissioner Regalado: Excuse me. Probably, this is a message. If you don't hear the message about the streetcar, you know -- I mean, you're not hearing. I'm just saying that this thing that just happen here, you know, Commissioners willing to sacrifice a process just because a grandiose project, just one project -- City ofMiami Page 166 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Commissioner Regalado, I want to go ahead -- I -- he's definitely sending a message, but I got to go, as the Clerk say, pay the water bill, so can we just get -- can I just say yes real fast so I can run out real fast, please? Vice Chairman Sanchez: What? Commissioner Regalado: The what? Commissioner Spence -Jones: I've got to use the restroom. Commissioner Regalado: She has to pay the water bill. Commissioner Spence -Jones: My vote is yes. Commissioner Regalado: What did she said [sicd? Chairman Gonzalez: All right. RE.9. Vice Chairman Sanchez: Huh? Chairman Gonzalez: RE.9. Vice Chairman Sanchez: Oh. Wait, wait, wait. Madam Clerk -- Chairman Gonzalez: It got approved, right? Three votes. Ms. Thompson: We've not voted yet on the motion to approve. We have a motion and a second. Vice Chairman Sanchez: We need a motion to approve. I think some people have -- Ms. Thompson: No, no. You have. Commissioner Spence -Jones: You have. Vice Chairman Sanchez: Huh? Ms. Thompson: You have a motion to approve. Chairman Gonzalez: You already have -- Vice Chairman Sanchez: Right. Ms. Thompson: You have the motion and a second. Now you're ready for your vote. Vice Chairman Sanchez: Yes. Commissioner Regalado: No, don't vote. Wait for her. Vice Chairman Sanchez: She -- Mr. Fernandez: She declared her vote. Vice Chairman Sanchez: -- already voted yes. City ofMiami Page 167 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.9 07-00430 Department of Solid Waste Chairman Gonzalez: She declare her vote. Commissioner Regalado: Oh, OK, OK. Commissioner Sarnoff She mailed in her vote. Ms. Thompson: OK, so we're recording Commissioner Spence -Jones's vote as a yes. Vice Chairman Sanchez: Yes. Ms. Thompson: Moving along with the roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff There goes my virginity. Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: The resolution has been approved, 3/2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT, BETWEEN THE CITY AND T & S LIMITED, INC., D/B/A ROLL -OFF SOLUTIONS, TO THUNDER DEMOLITION, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT, THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, AND THE ADDENDUM TO THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS. City ofMiami Page 168 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 07-00430 Legislation .pdf 07-00430 Exhibit .pdf 07-00430 Exhibit 2 .pdf 07-00430 Exhibit 3 .pdf 07-00430 Summary Form.pdf 07-00430 Memo.pdf 07-00430 Memo 2 .pdf 07-00430 Pre -Legislation .pdf 07-00430 Pre -Legislation 2 .pdf 07-00430 Pre -Legislation 3 .pdf 07-00430 Letter .pdf 07-00430 Letter 2.pdf 07-00430 Financial Bond.pdf 07-00430 Power of Attorney.pdf 07-00430 Certificate of Liability .pdf 07-00430 Occupational License.pdf 07-00430 Contractor I.D .pdf 07-00430 Letter 3 .pdf 07-00430 Corporate Resolution .pdf 07-00430 Check Deposit .pdf 07-00430 Corporate Resolution 2 .pdf 07-00430 Letter 4.pdf 07-00430 RFQ .pdf 07-00430 Certificate of Liability 2 .pdf 07-00430 Solid Waste License .pdf 07-00430 Annual Permit .pdf 07-00430 Pre -Attachment .pdf 07-00430 Conflict of Interest .pdf 07-00430 Dealer Certification .pdf 07-00430 Southern waste .pdf 07-00430 Barcode .pdf 07-00430 Corporation Names .pdf 07-00430 Letter 5 .pdf 07-00430 Affidavit .pdf 07-00430 Franchise Agreement .pdf Motion by Chairman Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0221 Vice Chairman Sanchez: OK. Moving along, we go to RE.9. Chairman Gonzalez: You got to be happy. You're going to have your little train, after all. Vice Chairman Sanchez: RE.9. Department of Solid Waste. This is a simple transfer -- Chairman Gonzalez: I'll move RE.9. It's a simple transfer of -- Vice Chairman Sanchez: All right. There's a motion to approve the transfer. It's a resolution [sic] by the Chair. Is there a -- Commissioner Sarnoff Second. City ofMiami Page 169 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: Second. Vice Chairman Sanchez: -- second. Second by Commissioner Sarnoff. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. You want to put something on the record? Barbara Pruitt: Yes. My name is Barbara Pruitt, assistant director, Department of Solid Waste, and the Department has conducted its due diligence and found the company in compliance, and we highly recommend the approval of the assignment. Vice Chairman Sanchez: All right. No further discussion. Commissioner Spence -Jones is on the dais, for the record, to -- for a vote. 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. RE.10 07-00342 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE APPOINTMENT OF ISABEL DE QUESADA AS THE EXECUTIVE DIRECTOR OF THE MAYOR'S INTERNATIONAL COUNCIL, WITH COMPENSATION, AND EMOLUMENTS AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED. 07-00342 Legislation .pdf 07-00342 Exhibit.pdf 07-00342 Summary Form.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer item RE.10. Vice Chairman Sanchez: We go to RE.10. Do we have the representative -- the executive director from the Mayor's International Council? Commissioner Regalado: Mr. Chairman, I just got this information this morning, information that we requested. It's a very thick bundle of paper, so I haven't been able -- I do have some question [sic], but they're irrelevant at this moment of -- Vice Chairman Sanchez: Have you had an opportunity to meet with her? Commissioner Regalado: No. Vice Chairman Sanchez: Would you like to defer the item? Commissioner Regalado: Yeah. Vice Chairman Sanchez: All right. The item has been deferred. There's a motion by -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Commissioner Regalado, second by Commissioner Spence -Jones. All's in favor, say "aye." City ofMiami Page 170 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.11 07-00431a DISCUSSION ITEM Department of Public Facilities PRESENTATION REGARDING THE POTENTIAL DISPOSITION OF JAMES L. KNIGHT CENTER COMPLEX. 07-00432 Summary Form.pdf 07-00432 Staubach Info.pdf DISCUSSED Vice Chairman Sanchez: And we move on. RE.11. All right. How much time are you going to need? Laura Billberry (Director, Department of Public Facilities): Well, we're going to, hopefully, do the presentation in just a few minutes. Vice Chairman Sanchez: But how long is it going to take you? Ms. Billberry: Well, it depends on your discussion? Hopefully, less than -- Vice Chairman Sanchez: Oh -- Ms. Billberry: -- five minutes. Vice Chairman Sanchez: -- good. Commissioner Regalado: I saw that one. Chairman Gonzalez: That's going to be -- Ms. Billberry: I'm hoping less -- Vice Chairman Sanchez: OK. Listen, listen -- Ms. Billberry: -- you know, about five minutes. Commissioner Regalado: I saw that presentation. Vice Chairman Sanchez: Start setting up; we'll get back with you, OK? Ms. Billberry: Well, we're ready. I mean -- Vice Chairman Sanchez: I know you're ready, but we'll get back. We could get some of these items out of the way, you know, catch -- do some -- we did all the greens already. Pedro G. Hernandez (City Manager): Yes. [Later..] Vice Chairman Sanchez: All right. Let's go. Let's get this item out of the way. City ofMiami Page 171 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Ms. Billberry: Lori Billberry, Public Facilities. RE.11, as you may recall, the Commission had authorized at the end of last year that we execute agreement with the Staubach Company, and this was to assess the City's assessment and the position in the property that we common [sic] refer to as the Knight Center Complex, and this includes the garage, the retail, and the office tower that lies on the north side of the 1-95 ramp, and we've identified in this display here as the North Side assets, and the Hyatt Center venue and the Hyatt itself that lies on the south side of the 1-95 ramp. The reason for the assessment was to determine the City's options with respect to the assets, due to the large financial subsidy the City was requiring from the City. With a debt service of $5.9 million per year and approximately $500, 000 loss just from the operating of the Knight Center itself we recognized it was important for the City to reconsider its position in this asset and possibly to dispose of same. At this time, we have Pete Larkin, from the Staubach Company, who is going to give a brief presentation about their findings and list for the City the five options that they have come up with regarding this property. Peter Larkin: Thank you. I'm Pete Larkin, with the Staubach Company, and I'm going to go through this presentation as quickly as possible because we've had the benefit of being able to brief some of the Commissioners on some of the findings. We're going to talk, just for a second, about the Competitive Venue Analysis that we did and then talk about the asset management strategies that were just mentioned. I'm going to -- for the Competitive Venue Analysis, I'm going to get right to the conclusions. One of the things that we did was go around and look at all of the other venues in the City where events that are currently held at the Knight Center could possibly occur, and we took a look at Gusman, Performing Arts Center, Gleason Center, et cetera, andl think, with -- our conclusions are as follows, that we think that there are -- there is capacity in the marketplace to absorb the venues from the Knight Center, and that the Knight Center has been more and more underutilized and the revenues have been decreasing, so we think that if the City elects to close the Knight Center, there is pro -- there are probably other venues where the events could be located. We also took a look at what the cost was to put on an event at the Knight Center versus other venues in the City, and we found that the Knight Center is really sort of middle of the pack, not a low-cost or high -cost venue for promoters, but kind of middle of the pack, and we also, from talking to the promotion community, I think got to the conclusion that the Knight Center is somewhat obsolete. We're going to talk real quickly about the five asset management strategies that we looked at for the North Side assets and the South Side assets. The North Side assets are the garage, the G-4 garage that's owned by the City, and the heir rights lease is on top currently for retail space and for office space; South Side assets are the Knight Center and at the Hyatt ground lease. First asset management strategy looked at was sort of what we call the do-nothing approach. Problem with the do-nothing approach is it's good for the North Side assets, which are cash producing for the City; the South Side assets, the City, on a net basis, is making about $200, 000 a year on a land asset that's worth about 65 to $75 million, so it's a -- it's not a great investment position for the City. We took a look at number two up here, at what it meant to sell the North Side assets, and we think that because of market conditions and cash flow coming from the North Side assets, it's a great opportunity for the City to do that, if the City so elects, and we also think we could get enough money on the disposition of the North Side assets to cover the defeasance of the 1987 bond that was used to construct all the assets. Moving to number three. Three, four, and five, real quick, are related to the south side assets. The first one we looked at was just an operating sale of the South Side businesses, and in this case, the City would just dispose of the Convention Center and dispose of their ground position, andl think we showed, through our study, that the City is leaving a lot of money on the table from an investment disposition standpoint, and it's probably not the best way to access the underlying value of the land, so -- which leads us to the next asset management strategy, which is for the City to consider a redevelopment of the entire site, and the reason that this strategy does make some sense for the City is that it enables the City to access the underlying value of the land on the South Side assets, which is really a tremendous asset for the City, and we think that there's an opportunity for the City to either execute a disposition or a ground lease in case the City feels like, over the long-term, it does not want to actually give up the title to that asset. Looking real quickly at the last of our five asset management strategies, and this is sort of City ofMiami Page 172 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 if the City feels like the site is not ready for redevelopment. It's really contemplating a renegotiation of the existing Hyatt lease, which all the Commissioners know, that the City has with Hyatt runs until 2070 for a significant amount of additional years, and really, the purpose of that renegotiation would be to try to get out from under the $500, 000 a year operating loss that the City's currently experiencing at the Knight Center, so that's the -- that is the conclusion of my presentation, and I'm going to turn the podium back over to the director. If anybody has any questions, I guess I will take them whenever. Thank you. Vice Chairman Sanchez: I think all the Commissioners were briefed on this. RE.12 07-00431 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXPLORE THE VARIOUS SCENARIOS REGARDING THE DISPOSITION AND/OR REDEVELOPMENT OF THE JAMES L. KNIGHT CENTER COMPLEX PRESENTED BY THE STAUBACH COMPANY, NORTHEAST, INC. ("STAUBACH"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH STAUBACH, TO PROVIDE FOR A SCOPE AND COMPENSATION RELATED TO THE IMPLEMENTATION OF SAID SCENARIOS; PROVIDING FOR A FLAT FEE IN THE AMOUNT OF $350,000, TO STAUBACH IN CONNECTION WITH ANY NEGOTIATIONS FOR A NEW OR AMENDED LEASE WITH HYATT; PROVIDING FOR A CAP OF $100,000, ON ANY FEE TO BE PAID TO STAUBACH IN CONNECTION WITH ANY ACQUISITION OF THE UNIVERSITY OF MIAMI'S LEASEHOLD INTEREST; FURTHER ESTABLISHING THE COMMISSION RELATED TO A NEW LEASE FOR ANY REDEVELOPMENT OF THE PROPERTY AT A RATE OF 1.5% OF THE FIRST $15 MILLION, OF LAND VALUE USED TO CALCULATE THE GROUND LEASE PAYMENTS AND 3% OF LAND VALUE IN EXCESS OF $15 MILLION; SAID FEES TO BE PAID ONLY UPON CONSUMMATION OF THE RESPECTIVE TRANSACTION; ALLOCATING FUNDS IN THE AMOUNT OF $350,000, FROM B#70500, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. 07-00431 Legislation .pdf 07-00431 Summary Form.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item RE.12 to the next City Commission meeting. Vice Chairman Sanchez: OK. Laura Billberry (Director, Public Facilities): Now we can go into RE.12, and the item before you with RE.12 is with respect -- it provides an amendment to the Staubach agreement and authorizes the City Manager to explore the various alternatives. With respect to the North Side assets, we would like to proceed with Staubach's recommendation that we dispose of them. Based on same, we'd like to bring back at a public hearing item, at a future Commission meeting, an item that we would declare the property surplus, and then authorize the issuance of an invitation to bid for the sale of those assets. With respect to the South Side assets, we'd like for permission to explore the scenarios that contemplate the redevelopment of the South Side and/or amending or entering into a new lease with Hyatt. The exploration of these scenarios will City ofMiami Page 173 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 involve negotiations with the Hyatt and the University ofMiami before any formal action can be taken. Following our exploration of these scenarios, we will be back before the Commission with our recommendations, including possible agreements on how to best proceed with these assets. We believe the best course of action will be to lease the South Side assets under a new long-term lease for the redevelopment of the site, so the City would be able to generate recurring revenue while maintaining ownership of the land. However, if the Commission desires, an RFP (Request for Proposal) could be issued in the future that would provide for both the sale or the lease of the South Side assets, and then the Commission could look at the proposal side by side before making a decision. In order to move forward it is necessary to authorize the Manager to explore the scenarios and amend the Staubach agreement. The original agreement with Staubach did not contemplate a redevelopment pursuant to a long-term lease or any restructuring of the lease with Hyatt. At this time, we would hike to add those components to their scope of services and establish the compensation related to this. Additionally, I would like to point out that their fees only become due upon consummation of any respective transaction. No fees will be due to Staubach for work performed that does not result in execution of an agreement. Additionally, they will not be entitled to fees for an acquisition of leaseholds when these negotiations or acquisitions are necessary in order to sell or enter into a new ground lease, and then they would only receive the compensation as it relates to a commission. Vice Chairman Sanchez: All right. OK. Commissioner Spence -Jones: Mr. Chair -- Vice Chairman Sanchez: Commissioner Spence -Jones. Commissioner Spence -Jones: I'm going to -- Vice Chairman Sanchez: Commissioner Sarnoff. Commissioner Spence -Jones: Do you want to speak on it first, Sarnoff? Commissioner Sarnoff Yeah. I -- what happens if we turn around and we were able to move the Hyatt north and enter into an agreement with FDOT (Florida Department of Transportation) that would allow us to take away the up ramps and create a park there? Would Staubach be entitled to compensation based upon the moving of the Hyatt and entering into an agreement for a long-term land lease there? Ms. Billberry: My understanding of what you're proposing would be strictly a negotiation with Hyatt for a restructuring of their lease then. Commissioner Sarnoff Parking, no. I want you to go look at -- what the DDA's (Downtown Development Authority's) proposed. It looks pretty good. Pedro G. Hernandez (City Manager): Commissioner, I think that this is something that could be explored as part of the amendment that we're proposing to the Staubach contract, because that -- the amendment deals with negotiating with Hyatt various options, and that could be one of them. That, in essence, moves -- it's a new construction, except that it goes slightly to the north -- Commissioner Sarnoff Right. Mr. Hernandez: -- with a new roadway configuration. Ms. Billberry: So therefore, they would be entitled to basically the $350, 000 fee -- flat fee, and it would be a restructuring of a lease with Hyatt, and any new lease that is strictly involving a lease with Hyatt and not going to a competitive process would require a voter approval. City ofMiami Page 174 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff And he would be entitled to a $350, 000 fee for that? Ms. Billberry: For negotiating a restructuring of the Hyatt agreement. Commissioner Sarnoff That's a lot of money. Ms. Billberry: When you look at what the offset might be in additional revenue, it might be well worth it, too, though. Commissioner Sarnoff Well, my only point in bringing this up is -- Commissioner Spence -Jones: there's a great incentive. Commissioner Sarnoff -- There is a vision out there, andl have no trouble with, you know, the Staubach Company making money in performing a service, but if they latch onto that vision and if that vision comes to fruition, I'm not sure they're -- that the value that they add to the service is $350, 000 under that scenario. Am I making sense to the Manager? Does it --? Do you want me to rephrase myself or --? Vice Chairman Sanchez: No, no. You make sense. It's just a matter of what they're able to bring back to us with the Hyatt, what they're able to come up with the Hyatt. I mean, maybe the revenues for us will be -- you know, whatever come -- Ms. Billberry: Would offset their fees potentially. Vice Chairman Sanchez: -- the offset the costs, depends on what they bring back. I mean, they could come back with the Hyatt and make different negotiations or agreements and might bring us back millions of dollars. What's --? Mr. Hernandez: I believe that the Hyatt does have an interest -- Commissioner Sarnoff Right. Mr. Hernandez: -- and they're, obviously, something that has to be reckoned with because they have a lease that has another 63 years to run, and they do have an interest of developing a new, let's say, facility that would be up to the best standards of the day. The location could be shifted as part of a revised plan, where it doesn't go in the same site, but it would be a site further to the north that would allow for further space between the building and the river, and that would be a planning -- a master planning option that would be available in a scheme that they would propose that would be negotiated with Hyatt. It doesn't have to be exactly the same footprint, but it could be shifted. Commissioner Sarnoff I understand what you're saying, and I'm -- certainly hope what you've seen and I've seen comes to fruition, andl know the Chairman's probably seen it as well. I'm sorry. Vice Chairman's probably seen it as well. The question I ask now is we're able to renegotiate with the Staubach Company, and just being in the private sector, I just haven't heard of many people getting $350, 000 for negotiating a deal. Ms. Billberry: It's -- if -- Commissioner Sarnoff Maybe I don't do the big enough law, but that is an incredibly -- Vice Chairman Sanchez: You need to explain -- City ofMiami Page 175 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: It is a lot. Ms. Billberry: Yes. Commissioner Sarnoff -- lucrative contract. Vice Chairman Sanchez: -- this. Chairman Gonzalez: It is a lot. Ms. Billberry: IfI may? Vice Chairman Sanchez: Yeah, but it's just not -- Ms. Billberry: IfI may respond. Vice Chairman Sanchez: -- (UNINTELLIGIBLE). Well, I was briefed. Ms. Billberry: Typically, in real estate -- Commissioner Sarnoff I was, too. Ms. Billberry: -- they would earn a percentage of whatever the lease payments are, and that is what actually we provided for in the event we do go through a competitive process. We added where they would get a percentage, the same as if they were doing a sale, where we -- they would get one and a half percent for the first 15 million of land value utilized to establish a ground lease payment, and three percent for anything above 15 million. Those numbers are going to significantly come out much higher than a $350, 000 flat fee, so -- Commissioner Sarnoff But Lori -- Ms. Billberry: -- but the advantage is -- Commissioner Sarnoff -- with all due respect, you hire people based upon whatever agreement you enter into with them. I mean, if you choose to enter into an agreement where you pay them a flat rate, it's because you can afford to do so and you believe that you're going to cap that particular rate. I mean, just like a lawyer, almost always wants to be on a contingency on a big plaintiff case; yet, he can't be on one if the client says no, and there aren't many that do it that way, but those that can afford to do so would never consider hiring a lawyer based on a percentage. I -- my issue is you're focused on what ordinarily goes on on the market, and I'm suggesting to you you're the City ofMiami; you could cut any deal you want, and if, in fact, there is a vision out there, I question -- andl think there are other lawyers maybe at the dais that would wonder, too -- even if you spend a month negotiating this and spent three weeks drafting the paperwork and five weeks coming up with an action plan, has he earned a $350, 000 fee? Ms. Billberry: Well, he'll -- in order for us to have to pay that fee, it's going to have to come with an agreement that is acceptable to this Commission, so he's going to have to produce a new lease that would add that kind of value to make you want to be able to approve it. Otherwise, he doesn't get paid, and yes, you can hire people and pay them an hourly rate to negotiate, but this is where they're taking the risk. They're taking the risk that they will not get paid a dime. Commissioner Spence -Jones: Commissioner Sarnoff, may I -- I think -- Chairman Gonzalez: Why don't we defer this -- City ofMiami Page 176 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: -- I think you're definitely making some good points. Chairman Gonzalez: -- so we can think about it more --? Commissioner Spence -Jones: I -- and Lori knows how I feel about this; the Administration knows how I feel about this whole issue, andl do know that, you know, Larry's gone through the numbers, everybody's gone through the numbers, and we know that the Knight Center is losing now. It's just amazing to me, though, when we feel we want to move on to do something else when it comes to our City assets, we find every reason in the world to make that happen, and you know, just some of the comments that were mentioned earlier about Starbuck [sic]. My question is, what promoters are you talking to? Because I can tell you, in my particular community, we use the Knight Center all the time. As a matter of fact, there's a play that's coming there next week, and we all will be going. My community will be going out to -- there's a Tyler Perry plays, which is well-known in my community, along with so many other smaller based organizations that clearly cannot afford to go to the American Airlines Arena, or the Gusman Theater is not big enough to accommodate the, you know, uses, and the Knight Center has always been there for us. Every single venue that the City ofMiami has, we're trying to get rid of or we've gotten rid of you know. Coconut Grove Expo is on its way out. Miami Arena, we got rid of that. You know, I mean, my question becomes, when is enough is enough? Now, I do understand that we have to stop the bleeding, but you know, Starbuck [sic], I really, you know, would like to, at least, understand from you -- you know, andl understand when you're trying to make a point, you know, or -- you know, when you've kind of already said in your mind what direction you want to go in, you know, everyone's always trying to figure out a way to not make it happen, but in my understanding of these type of centers, convention centers and conference centers, they're not really ever really built to really make money. They're really created so that the surrounding industry makes money for the city, so -- I mean, I have a big concern -- and Starbuck [sic], you can speak on it. We spent $100, 000 on a study that we paid for, and the study came back saying the same thing. I just want us to be mindful, guys, we really -- I mean, this is our only real resource that we have left for our residents, and I just want -- I don't want us to make any hasty decisions without really, you know, thinking about it, because once the Knight Center is gone, it's gone. Ms. Billberry: And Commissioner, one of the options might be in a future RFP to look at whether or not we would still want to replace that venue at all. That's something the Commission could consider. We are concerned -- right now, the Hyatt controls all the food and beverage. That's a major revenue source. For the City to turn that place around, even just by booking a few more events -- Commissioner Spence -Jones: Yeah, it's not even about turning it -- Ms. Billberry: -- it's very hard. Commissioner Spence -Jones: -- it's not about turning it around, Lori. I understand that we're bleeding on it, so that's not even the issue. I just want to make sure that whatever we decide to do on it, I'm going to be an advocate to make sure that our city residents have venues. For God - - goodness sake, I mean, that's where we have our graduations for our children, you know. I mean, what are we going to have left? So I just want to make sure that -- andl wanted to send a message to Starbuck [sic] loud and clear -- andl do understand that they have an incentive, you know, to make the other option work better, but want to make sure that whatever we decide to put there, that the residents of the City ofMiami will have a venue, will be able to utilize a venue, and your report that I saw when you comparing the different venues, and that Knight Center is not really -- I mean, you can never consider -- compare the Knight Center to the American Airlines Arena. You could just never do that to me. Peter Larkin: Understood. I would just like to say for the record that -- City ofMiami Page 177 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: And neither can you compare the Bank Atlantic Center in Broward County because, personally, I don't want to have people going all the way to Broward County to use a venue. I prefer for them to be in the City ofMiami. That's not a good analysis to me. Mr. Larkin: I just want to say, for the record, that if there is a redevelopment of the South Side assets do occur, that the -- our intent the entire time was that the Commission and that the City would have a significant amount of input into whatever the RFP looks like so that if we wanted to build some kind of newer, smaller venue that everybody thinks is appropriate, that that would get built there as part of a new redevelopment. Commissioner Spence -Jones: But we would sell it to a private developer to develop it. Mr. Larkin: We would either -- we -- either thinking about a sale or a ground lease, but in -- I -- Commissioner Spence -Jones: So a private developer, right? Mr. Larkin: Yes. Commissioner Spence -Jones: And they would make the decision as to -- Mr. Larkin: No. Commissioner Spence -Jones: -- what they would want to have happen in that space, right? Mr. Larkin: No. We would construct the RFP with certain issues in it that the City has approved that says this is what we want to have built, and that's [sic] has always been contemplated that would be a part of -- Commissioner Spence -Jones: I just want to make sure, and -- Mr. Larkin: -- the South Side redevelopment. Commissioner Spence -Jones: -- that needed -- to me, that needs to be loud and clear -- Mr. Larkin: It's -- Commissioner Spence -Jones: -- and in this presentation, to me that's not loud and clear. Not one time did -- Mr. Larkin: Fair enough. Commissioner Spence -Jones: -- you say in the midst of all this that's going on, you talked about all the bad things that James L. Knight Center, you know, represents, but you never talked about the good things that it has provided to this community for a very long time, so -- Chairman Gonzalez: Your concern is that -- Commissioner Spence -Jones: I'm sorry. Chairman Gonzalez: -- we don't have a site for any presentations, right? Commissioner Spence -Jones: I'm concerned that we, Commissioner -- Mr. Chairman, that we're losing every single City resource -- City ofMiami Page 178 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: Listen, I said that -- Commissioner Spence -Jones: -- that we have, man. Chairman Gonzalez: -- three years ago. Commissioner Spence -Jones: It's like, you know -- Chairman Gonzalez: Little by little -- Commissioner Spence -Jones: -- when it's time for us to do things, we don't have anywhere to go. Chairman Gonzalez: -- we have been shutting down every -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- single place in the City ofMiami. Vice Chairman Sanchez: All right, listen. Mr. Larkin: Understood. Vice Chairman Sanchez: We've got to get going. I mean, listen, the only concern that have -- my understanding through the presentation was that I felt that 350, 000 flat was better than a percentage, so whatever the will of the Commission is, I -- maybe there's room for negotiation, bringing it down -- the price down. We could debate this item for about an hour, a good hour and a half, really -- Chairman Gonzalez: Why don't we defer -- Vice Chairman Sanchez: -- if it was a debate. Chairman Gonzalez: -- the item? Vice Chairman Sanchez: Is there an -- is there a motion to defer the item? Commissioner Sarnoff I'll make a motion. Vice Chairman Sanchez: All right. There's a motion by -- Chairman Gonzalez: I'll second the motion. Vice Chairman Sanchez: -- Commissioner Sarnoff, second by the Chair to defer the item. We'll bring it back the next Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Chairman Gonzalez: We'll bring it back at the next Commission meeting or at the following Commission meeting. I mean, we have been holding the James L. Knight for -- Vice Chairman Sanchez: Whenever's -- City ofMiami Page 179 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: -- ever. Vice Chairman Sanchez: -- the better. Well, we got to give it time certain. We got to give it date certain, so -- Chairman Gonzalez: Two more months is not going to kill anybody. Vice Chairman Sanchez: -- the next Commission meeting? All right. Commissioner Sarnoff Which one is that? Vice Chairman Sanchez: We could -- Priscilla A. Thompson (City Clerk): That next -- Vice Chairman Sanchez: -- listen, that we could debate for a good hour and a half because -- Chairman Gonzalez: Mr. Manager -- Andrew Frey: Commissioners. Chairman Gonzalez: -- believe --I believe -- Mr. Frey: Sorry. Chairman Gonzalez: -- the Manager has a pocket item. Jorge L. Fernandez (City Attorney): Mr. Chairman. Mr. Frey: Commissioners, would you mind ifI introduce myself? Vice Chairman Sanchez: Yes. Who are you with? Mr. Frey: Andrew Frey, with Akerman Senterfitt, and we represent Hyatt Equities, and just wanted to say that we're interested in partnering with the City to look at redeveloping the site, keeping the facility -- Vice Chairman Sanchez: All right. Mr. Frey: -- keeping convention facilities there and any other options that you're exploring, whether you're -- through Staubach or any other way -- Commissioner Spence -Jones: No. That sounds great. Mr. Frey: -- but we just wanted -- Vice Chairman Sanchez: OK. Mr. Frey: -- to say on the record -- Vice Chairman Sanchez: All right. It's on the record. Mr. Frey: -- we're here to be -- yeah. City ofMiami Page 180 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.13 07-00489 City Manager's Office Vice Chairman Sanchez: It's on the record. We'll see you at the -- Mr. Frey: Yep. Vice Chairman Sanchez: -- next Commission meeting. Mr. Frey: Great. Vice Chairman Sanchez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DEVELOP AN ORDINANCE ESTABLISHING A "MIAMI GREEN FLEET PROGRAM," THAT ESTABLISHES POLICIES THAT ASSURE THAT THE CITY OF MIAMI ("CITY") IS PURCHASING, LEASING, OR OTHERWISE OBTAINING THE MOST ENERGY EFFICIENT VEHICLES AND VESSELS POSSIBLE THAT MEET THE OPERATIONAL NEEDS OF THE DEPARTMENT OR AGENCY, FOR WHICH THE VEHICLES OR VESSELS ARE INTENDED, AND THAT THE FLEETS WILL BE MANAGED AND OPERATED IN A MANNER THAT IS ENERGY EFFICIENT AND MINIMIZES EMISSIONS; DIRECTING THE CITY ADMINISTRATION TO PRESENT SAID ORDINANCE WITHIN SIXTY DAYS TO THE CITY COMMISSION FOR ITS CONSIDERATION. 07-00489 Legislation .pdf 07-00489 Summary Form.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-07-0194 Chairman Gonzalez: RE.13. Priscilla A. Thompson (City Clerk): FR.3. Commissioner Spence -Jones: FR.3. Chairman Gonzalez: No. FR.3, we're going to take it -- Vice Chairman Sanchez: No, no, no. Let's take -- Chairman Gonzalez: -- separate. It's -- Vice Chairman Sanchez: -- up FR.13 [sic] -- Chairman Gonzalez: -- an ordinance. Vice Chairman Sanchez: -- last. Let's go to FR (First Reading) -- RE.13 now -- Ms. Thompson: Fine. Chairman Gonzalez: RE.13. City ofMiami Page 181 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.14 07-00490 City Manager's Office RE.15 07-00491 City Manager's Office Vice Chairman Sanchez: -- and that's the establishing the Miami Green Fleet Program. So move. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DEVELOP AN ORDINANCE ESTABLISHING A PROGRAM FOR THE EXPEDITED REVIEW AND APPROVAL OF BUILDING PERMIT APPLICATIONS FOR GREEN BUILDINGS AND DEFINING GREEN BUILDINGS; DIRECTING THE CITY ADMINISTRATION TO PRESENT SAID ORDINANCE WITHIN 60 DAYS TO THE CITY COMMISSION FOR ITS CONSIDERATION. 07-00490 Legislation .pdf 07-00490 Summary Form.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-07-0195 Chairman Gonzalez: RE.14. Vice Chairman Sanchez: So move. That's creating a program for expediting reviews and approving a big -- building permits. Chairman Gonzalez: We also have a motion. Is there a sec --? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE PRESIDENT OF THE UNITED STATES AND THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT LOCAL ENERGY EFFICIENCY, ENERGY CONSERVATION, RENEWABLE ENERGY AND GREEN BUILDING PROGRAMS, AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00491 Legislation.pdf 07-00491 Summary Form.pdf City ofMiami Page 182 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 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-07-0196 Chairman Gonzalez: RE.15. Vice Chairman Sanchez: That's urging the President and the U.S. (United States) Congress to support local energy efficiency. So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. RE.16 07-00492 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE Office UNITED STATES MAYORS' CLIMATE PROTECTION AGREEMENT, AS STATED HEREIN; ESTABLISHING SAID AGREEMENT AS "THE MIAMI CLIMATE PROTECTION AGREEMENT," BY WHICH THE CITY OF MIAMI WILL COMPLY WITH THE GOALS AS SET FORTH THEREIN. 07-00492 Legislation .pdf 07-00492 Summary Form.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-07-0197 Chairman Gonzalez: RE.16. Vice Chairman Sanchez: So move. That's adopting the U.S. (United States) Mayor's climate protection agreement. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. RE.17 07-00493 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Office MANAGER TO DEVELOP AN ORDINANCE ESTABLISHING A "MIAMI GREEN PROCUREMENT PROGRAM," THAT ESTABLISHES PURCHASING POLICIES THAT ENCOURAGE THE USE OF ENVIRONMENTALLY PREFERABLE GOODS AND SERVICES BY THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY ADMINISTRATION TO PRESENT SAID ORDINANCE WITHIN SIXTY DAYS TO THE CITY COMMISSION FOR ITS City ofMiami Page 183 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 RE.18 07-00494 City Manager's Office CONSIDERATION. 07-00493 Legislation .pdf 07-00493 Summary Form .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-07-0198 Chairman Gonzalez: RE.17. Vice Chairman Sanchez: So move, and that's establishing a Miami Green Procurement Program, which will focus on procurement anywhere from recyclable items to better energy efficiency light bulbs, et cetera, et cetera, et cetera. Commissioner Sarnoff Second. Chairman Gonzalez: We also have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE ISSUES AS STATED HEREIN, DURING THE 2007 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00494 Legislation .pdf 07-00494 Summary Form .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-07-0199 Chairman Gonzalez: RE.19. Priscilla A. Thompson (City Clerk): 18. Vice Chairman Sanchez: 18. Chairman Gonzalez: I'm sorry, 18. Vice Chairman Sanchez: So move. That's a mem -- members of the Florida Legislation support issues. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion and a second. All in favor, say "aye." City ofMiami Page 184 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 The Commission (Collectively): Aye. RE.19 07-00495 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Office MANAGER TO DEVELOP AN ORDINANCE ESTABLISHING A "GREENSPACE UTILITY PROGRAM," TO PROVIDE DEDICATED FUNDING FOR THE MAINTENANCE AND MANAGEMENT OF ALL GREENSPACE AREAS WITHIN THE CITY OF MIAMI BOUNDARIES; DIRECTING THE CITY ADMINISTRATION TO PRESENT SAID ORDINANCE WITHIN 60 DAYS TO THE CITY COMMISSION FOR ITS CONSIDERATION. 07-00495 Legislation .pdf 07-00495 Summary Form.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-07-0200 Chairman Gonzalez: RE.19. Vice Chairman Sanchez: So moved. Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion -- Vice Chairman Sanchez: That's establishing a green space -- Chairman Gonzalez: -- and a second. Vice Chairman Sanchez: -- utility program. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. RE.20 07-00496 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Office MANAGER TO DEVELOP AN ORDINANCE ESTABLISHING A "WATER CONSERVATION PROGRAM," THAT SERVES TO PROTECT THE WATER RESOURCES OF THE CITY OF MIAMI ("CITY"), ADDRESSING METHODS THAT THE CITY CAN TAKE TO REDUCE ITS WATER USAGE; DIRECTING THE CITY ADMINISTRATION TO PRESENT SAID ORDINANCE WITHIN 60 DAYS TO THE CITY COMMISSION FOR ITS CONSIDERATION. 07-00496 Legislation.pdf 07-00496 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 185 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0201 Direction by Commissioner Regalado to the City Manager to obtain applications from Miami -Dade Water and Sewer Authority for Miami -Dade County's new program for free toilet installation for Miami -Dade homeowners with double homestead exemptions. Chairman Gonzalez: RE.20. Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. RE.21 07-00497 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Office PRESIDENT AND THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT INCREASED INVESTMENTS IN WEATHERIZATION TO BENEFIT THE NATION'S COMMUNITIES, AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00497 Legislation .pdf 07-00497 Summary Form.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-07-0202 Chairman Gonzalez: RE.21. Commissioner Sarnoff So move. Commissioner Spence -Jones: Second. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 186 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 BOARDS AND COMMITTEES BC.1 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 Commissioner Spence -Jones: Boards? Chairman Gonzalez: Yes. Commissioner Spence -Jones: You want to do boards? Commissioner Sarnoff Let's do the boards. Vice Chairman Sanchez: Let's go ahead and do the boards. Chairman Gonzalez: RE.11. You need to do RE.11. That -- no. That's the (UNINTELLIGIBLE). Vice Chairman Sanchez: All right. Let's go ahead and do the boards. Commissioner Sarnoff Let's do the boards. Vice Chairman Sanchez: All right. Let's go with the first board. The first board is -- that's BC.1. I know, but just -- we'll get the boards out of the way quick, and then we'll move along. OK. BC.1, it's a resolution of the City ofMiami Commission appointing certain individuals as members of the Audit Advisory Committee. Commissioner Spence -Jones, you're recognized -- Commissioner Spence -Jones: Defer. Vice Chairman Sanchez: -- for an appointment. Defer. BC.2 07-00176 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marjorie Weber Commissioner Michelle Spence -Jones City ofMiami Page 187 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 07-00176 memo.pdf 07-00176 members.pdf 07-00176 Legal Opinion.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-07-0224 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Marjorie Weber as a member of the Community Relations Board. Vice Chairman Sanchez: We go to RE. 2 [sic]. RE.2 [sic] is a resolution and -- Priscilla A. Thompson (City Clerk): BC.2. Commissioner Sarnoff BC.2. Vice Chairman Sanchez: I'm sorry. BC.2, and that is for the Community Relations Board. Chair -- Chairman Gonzalez: I'm deferring. Vice Chairman Sanchez: -- all right. The Chair is deferring both of his appointees. Commissioner Spence -Jones, you have an appointment. Commissioner Spence -Jones: I'm deferring -- Vice Chairman Sanchez: She's -- Commissioner Spence -Jones: -- all of my -- Vice Chairman Sanchez: -- deferring, OK, and the Mayor, has he proffered anyone? Ms. Thompson: No, he has not. Vice Chairman Sanchez: He has not, so we'll go ahead and defer those. We'll got to the next -- Commissioner Spence -Jones: Now, there is -- Vice Chairman Sanchez: -- BC.3 is -- Commissioner Spence -Jones: OK. I'm sorry, I'm sorry. Vice Chairman Sanchez: -- members of the Urban -- yeah. Commissioner Spence -Jones: Marvy [sic] -- what? Vice Chairman Sanchez: For what? Commissioner Spence -Jones: For CRB (Community Relations Board), Communities [sic] City ofMiami Page 188 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Relations -- I overlooked that. I'm sorry. Vice Chairman Sanchez: OK. We'll go back -- Commissioner Spence -Jones: Clerk -- Madam Clerk, do you have the application in from Marjorie Weber? Ms. Thompson: What we have is a recommendation from the CRB for her nomination -- Commissioner Spence -Jones: OK. Ms. Thompson: -- and appointment. Commissioner Spence -Jones: I would like to nom -- so I can nominate her, right? Vice Chairman Sanchez: OK. Ms. Thompson: Yes, um -hum. Commissioner Spence -Jones: I nominate her. Vice Chairman Sanchez: For the purpose of maintaining a record, we go back to BC.2. Commissioner Spence -Jones has proffered a name. There's a motion. Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: Second. Vice Chairman Sanchez: There's a second to the name that she has proffered. Are there any waivers, Madam Clerk? Ms. Thompson: No. Vice Chairman Sanchez: All right. 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 07-00226 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: NOMINATED BY: Todd Tragash Commissioner Marc David Sarnoff Rudolph Moreno Commissioner Marc David Sarnoff City ofMiami Page 189 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 07-00226 memo.pdf 07-00226 members.pdf 07-00226 Applications.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-07-0227 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Todd Tragash and Rudolph Moreno as members of the Urban Development Review Board. Vice Chairman Sanchez: And we go to the Urban Development Review Board, and -- Priscilla A. Thompson (City Clerk): Commissioner -- Vice Chairman Sanchez: OK. Commissioner Sarnoff, you have two appointees -- Commissioner Sarnoff Yes. Vice Chairman Sanchez: -- appointments. Commissioner Sarnoff Todd Tragash, T-R A-G A-S-H, and Rudolph Moreno. Commissioner Regalado: Second. Vice Chairman Sanchez: OK. Let's go ahead and just have everybody. Commissioner Regalado, do you have an appointment? Commissioner Regalado: Defer, Mr. Chairman. Vice Chairman Sanchez: OK. Commissioner Spence -Jones, you have two. Commissioner Spence -Jones: Defer. Vice Chairman Sanchez: Defer. Madam Clerk, that's -- is that the Urban -- UR --? Ms. Thompson: Urban Development Review -- Chairman Gonzalez: UDRB (Urban Development Review Board). Ms. Thompson: -- Board. Commissioner Sarnoff UDRB. Vice Chairman Sanchez: Yeah. Do I have an appointment on that? Ms. Thompson: No, not on this one -- this time around. Vice Chairman Sanchez: Not this time around, OK. All right, so does anyone -- does any of the names that have been proffered need a waiver of any kind? Ms. Thompson: No. City ofMiami Page 190 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: They do not? Ms. Thompson: No. Vice Chairman Sanchez: OK. There's been 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.4 07-00401 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Juan Martinez Commissioner Marc David Sarnoff Eli Feinberg Commissioner Tomas Regalado 07-00401 memo.pdf 07-00401 members.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-07-0228 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Juan Martinez and Eli Feinberg as members of the Finance Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee. Vice Chairman Sanchez: We go to Finance Committee, BC.4. Chairman Gonzalez, you have an appointment and -- Chairman Gonzalez: I'm deferring. Vice Chairman Sanchez: -- OK. Commissioner Sarnoff? Commissioner Sarnoff Juan Martinez. Vice Chairman Sanchez: All right. Commissioner Regalado? Commissioner Regalado: Which one you said -- Commissioner Sarnoff Number 4 -- BC. 4 -- City ofMiami Page 191 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Finance. Commissioner Regalado: -- Chairman? Commissioner Sarnoff -- Finance. Vice Chairman Sanchez: Juan Martinez. Commissioner Regalado: No, no, the Chairman. Commissioner Spence -Jones: What name did you say? Commissioner Regalado: Eli Feinberg, you said? No. Chairman Gonzalez: No, no. I deferred mine. Commissioner Regalado: Oh, OK. It's Eli Feinberg. Vice Chairman Sanchez: Eline [sic], OK. Those two names have been proffered. Madam Clerk, you need -- Commissioner Regalado: But he needs a waiver for time. Priscilla A. Thompson (City Clerk): He needs a five/five waiver for the term limit. Vice Chairman Sanchez: Ooh, I think he's got them. We could put them both together, OK? Ms. Thompson: Yes. Commissioner Regalado: Huh? Chairman Gonzalez: All right. Vice Chairman Sanchez: There's a motion and a second to include the waivers. 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 07-00413 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: William E. Hopper, Jr. Commissioner Marc David Sarnoff (Citizen) City ofMiami Page 192 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 07-00413 memo.pdf 07-00413 members.pdf Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0229 A motion was made by Commissioner Sarnoff, seconded by Chairman Gonzalez, and was passed unanimously, to appoint William E. Hopper, Jr., as a member of the Historic and Environmental Preservation Board. Vice Chairman Sanchez: Historic Environmental Preservation Board. Commissioner Sarnoff, you have an appointment. Commissioner Sarnoff William Hopper, Jr. Vice Chairman Sanchez: OK. That's the only name that's been proffered Is there a second? Chairman Gonzalez: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: Does he need any waivers, Madam Clerk? Priscilla A. Thompson (City Clerk): No, he doesn't. Vice Chairman Sanchez: No. 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.6 07-00433 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: Ricky Arriola 07-00433 memo.pdf Commission -at -Large Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0230 A motion was made by Commissioner Sarnoff, seconded by Chairman Gonzalez, and was passed City ofMiami Page 193 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 unanimously, to appoint Ricky Arriola as a member of the Performing Arts Center Trust. Vice Chairman Sanchez: BC.6, it's the Performing Arts Center. That's where we decided to put two Commissioners. We appointed Commissioner Spence -Jones, who represents the Commission. There's a vacant position. Commissioner Sarnoff I nominate Ricky Arriola. Chairman Gonzalez: Second. Vice Chairman Sanchez: All right. As the Chair, I would -- OK. There's a motion and a second. Does he need any waivers? Priscilla A. Thompson (City Clerk): No. Vice Chairman Sanchez: No. He -- was -- he was a -- Commissioner Spence -Jones: He's on the board now. Vice Chairman Sanchez: -- member, and now he's on -- Ms. Thompson: Yes. Vice Chairman Sanchez: -- his way to possible [sic] being the Chair? Commissioner Spence -Jones: No. He's on the board now. Ms. Thompson: He was already on the board, andl think, if I'm not mistaken, the PAC (Performing Arts Center) recommends him again. Vice Chairman Sanchez: OK, so there was a letter from the PAC recommending him? Ms. Thompson: Yes, yes. Vice Chairman Sanchez: OK. All right. 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. OK. Maybe we could get back to this presentation. City ofMiami Page 194 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 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 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado absent, to defer item DI.1 to the next City Commission meeting. Vice Chairman Sanchez: All right. Let's go -- it's my understanding that the board of -- the board and committee annual report, that's going to be deferred? Pedro G. Hernandez (City Manager): Which one is that? Vice Chairman Sanchez: Which item is going to be deferred? Someone said the budget or the annual -- Larry Spring (Chief Financial Officer): The budget. Vice Chairman Sanchez: The budget report -- Mr. Hernandez: That would be -- Vice Chairman Sanchez: -- is going to be deferred? All right. Mr. Hernandez: -- DI.1. Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: DI.1. Is this a motion to defer DI.1? Commissioner Sarnoff I'll make a motion. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion and a second for the next Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DI.2 07-00265 DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -BAYFRONT PARK MANAGEMENT TRUST -CIVIL SERVICE BOARD City ofMiami Page 195 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 -CODE ENFORCEMENT BOARD -EQUAL OPPORTUNITY ADVISORY BOARD -PARKS ADVISORY BOARD -COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY BOARD -MAYORS INTERNATIONAL COUNCIL -LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD -COMMUNITY TECHNOLOGY ADVISORY BOARD 07-00265 Cover Page.pdf 07-00265 Submittal CSWM Memo.pdf 07-00265 Submittal Parks Project Status Report.pdf 07-00265 Submittal Equal Opportunity Annual Report.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to schedule a meeting with the Code Enforcement Director, City Manager, and select members of the Code Enforcement Board, to address the process and timeframe from when an individual is fined for a code violation, and what actions the City takes to foreclose on his/her property. Note for the Record: The Code Enforcement Board, Bayfront Park Management Trust, Community Technology Advisory Board, Equal Opportunity Advisory Board; and Commercial Solid Waste Management Committee provided their annual reports to the City Commission. Vice Chairman Sanchez: OK. Maybe we could get back to this presentation. Chairman Gonzalez: Mr. Chairman [sic], can we take --? I think we only have one report here from the Code Enforcement, right, andl think it's going to be brief quick? Unidentified Speaker: It's going to be very brief. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Come on. Chairman Gonzalez: OK. Could you --? Vice Chairman Sanchez: Listen, who put this agenda together? I mean -- Chairman Gonzalez: This is murder. Vice Chairman Sanchez: It is. Chairman Gonzalez: It's murder. Vice Chairman Sanchez: How can you run a meeting with this -- with such an agenda? We're never going to get out of here, and -- Pedro G. Hernandez (City Manager): We will. Vice Chairman Sanchez: -- really, we do a tremendous in -- the bottom line is, when you have an agenda like this, and you have a Commission meeting that, many times, becomes a barn meeting, you know, you tend to do a -- really, a disservice to the people that come in front of this Commission. I'm sure he would like to come up and say that -- all the great things his board has City ofMiami Page 196 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 done and other meetings -- you know, on the boards. They want time and recognition for their time. They don't get paid You know, they take time away from their family, but they come here, and they want -- Commissioner Sarnoff They wouldn't go unnoticed. Vice Chairman Sanchez: -- to be recognized and not be given two minutes to give us a report. I apologize. Charles McEwan: 171 try to be less than two minutes. Vice Chairman Sanchez: OK. Chuck McEwan, with the Code Enforcement Board. Mr. McEwan: I'm the chairman of the Code Enforcement Board, and with me were a few other board members, but they left. Allyson Warren, who's the vice chair, is here, and our attorney, Patricia Arias is here. She's been replacing Mr. Bucelo, who's been dealing with some health issues at home. In any case, for the public's consumption, we're seven members and two alternate members on the Code Enforcement Board. The board is both ethnically and gender balanced, therefore, reflecting the makeup of the City ofMiami. We're all, like you said, volunteers. We get nothing. We get our sandwiches, thank you, but in any case, during 2006, we met 32 times. The Code Enforcement Board heard 863 cases. As a result of the above, the Office of Hearing Boards created 567 Code enforcement orders, and we have mitigated, on behalf of the City ofMiami during the fiscal year -- or the year of 2006, $1, 533, 075. That's pretty good, and -- Commissioner Sarnoff When you say mitigated, do you mean that in the truest sen --? Chairman Gonzalez: Collect, collect. Commissioner Sarnoff Collected. Mr. McEwan: That's -- yeah. That's -- Commissioner Sarnoff OK. Mr. McEwan: -- money that -- Allyson Warren: No, it's not collected. Mr. McEwan: -- we have miti -- let me finish. That's money that -- amounts that we have mitigated fines to. Commissioner Sarnoff I got you. Mr. McEwan: Whether they've been collected or not, that's not up to us. We're not the collection hands. We can only assess the -- Commissioner Sarnoff That's one of our problems. Mr. McEwan: -- mitigate the fines -- Chairman Gonzalez: One of our problems. Mr. McEwan: -- and then that's -- City ofMiami Page 197 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Sarnoff That's something I'm going to address. Mr. McEwan: -- the collection part is another issue. Commissioner Sarnoff Let the lawyer figure (UNINTELLIGIBLE). Mr. McEwan: Also, this is like brand-new and it just happened today, andl have to mention it. Yes, we've been running across this issue for a long time in our meetings, where people are claiming homestead exemptions, and this affects you and me and everybody that lives in the City ofMiami; people that don't even live -- nevermind in the state; they don't even live in the United States, and through our investigation here -- because that's really what it turns out to be. It turns out to be a real in-depth investigation of what they're trying to tell you and what the real story is. We find out that a lot of these people claiming homestead, like I said, they don't even live here, so we end up paying more taxes because these people are, you know -- they should be paying a lot more and they're not even here, andl directed the City Attorney, yesterday's meeting, to check with the County and to see what the story is and what they will do and won't do and how far we can carry it, and amazingly enough, she called me this afternoon, right before coming here, and she said she had spoken to the County -- to the homestead exemption people; spoke to a supervisor or a pretty higher up in that division and they were elated to hear that, effectively immediately, whenever we discover any of these homestead exemption claims that are not for real, that they will investigate them. All we have to do is send them the name and the circumstances, and they'll take it from there, and if they find out that people are claiming homestead and they shouldn't, they will go after them for as long as they've had the homestead, and the interesting part is they will collect within 30 days. That's all they'll give them for the back homestead and the back taxes that they owe. They must pay within 30 days, so that was a great step, andl appreciate what the City Attorney -- Commissioner Regalado: And, you know, that's a criminal offense. Mr. McEwan: Right. What they said also, the homestead -- the County people said that they'd send this information over to the powers to be, I guess the State Attorney's Office, and they'd rather deal with it that way of getting the retro monies and smack these people hard on that end, but that's it. If you have any questions -- Commissioner Sarnoff Yeah. Mr. Manager, what I'd like to do -- and I -- this is a -- I think it's the way to improve the city. I'd like to sit down with you and maybe one or two members of the Code Enforcement Board, with Mariano Loret de Mola; I'd like to sit down with the City Attorney, and I'd like to address what think is a disconnect between the time somebody gets fined and what this City does and does not do to collect that fine and/or foreclose on that property. I think this is something that you would find that, if the system worked correctly, a third of your headaches would go away. Mr. Hernandez: Commissioner, this is something that we have been working on now for the last, I would say, six weeks or so, and we're making some progress on that, and I'll be happy to have that meeting. I think it will be very meaningful. Commissioner Sarnoff OK. Vice Chairman Sanchez: Chuck, thank you -- Mr. McEwan: Yes. Vice Chairman Sanchez: -- so much. Allyson -- Mr. McEwan: Thank you. Allyson -- City ofMiami Page 198 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: -- you want to step up and --? Mr. McEwan: -- go ahead. I know you have -- Ms. Warren: I just -- Mr. McEwan: -- to say something. Ms. Warren: -- wanted to fill Commissioner Spence -Jones in. Mr. Jones couldn't be here this evening; he had another meeting, but we had at our meeting the last week some folks that own property who live in Canada on 61 st Street. We gave them almost no time at all, and apparently, he drove by there and he said the place is ready to rent. It's beautiful. You can see the building. There's no more grass and roots growing from the roof. He said in three days, they -- apparently, somebody listened to us for a change, which was a nice thing. Mr. McEwan: Excuse me. Commissioner, I just want to say a couple of things thatl totally forgot. This board, believe it or not -- I'm really proud to sit here, even though it's a lot of work. We have not had to cancel a meeting in years because of quorum; everybody shows up. Vice Chairman Sanchez: That's great. Mr. McEwan: Most of the time the alternates can't even vote because there's too many people voting, and that really says a lot for the dedication of the people that are sitting on this board. Thankyou. Ms. Arias. There's our head at the board, right there. OK. Thankyou. Vice Chairman Sanchez: All right. Thank you so much. Mr. McEwan: Thank you. [Later..] Vice Chairman Sanchez: OK. Where are we at, Madam Clerk? Chairman Gonzalez: The Manager is -- Priscilla A. Thompson (City Clerk): We're -- Vice Chairman Sanchez: OK, listen. Whoa, whoa, whoa, whoa. Listen, we have Bayfront Park, come on up. Commissioner Spence -Jones: Bayfront Park. Vice Chairman Sanchez: We'll do you quick. Commissioner Spence -Jones: They got an item? Unidentified Speaker: Mr. -- Vice Chairman Sanchez: Yeah. No. They put all -- listen, it's not my fault. I didn't put this agenda together, but they put all the reports together, and it looks like we're going to be here for awhile -- Chairman Gonzalez: The Manager -- City ofMiami Page 199 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: -- so -- Chairman Gonzalez: -- has a pocket item. Vice Chairman Sanchez: Sir. Jorge L. Fernandez (City Attorney): Yes, and also have a pocket item towards the very end. Vice Chairman Sanchez: Well, I have a pocket item, so we'll wait on pocket items. Mr. Fernandez: OK. Commissioner Spence -Jones: Do you -- Vice Chairman Sanchez: OK. Commissioner Spence -Jones: -- want to defer after this? Defer -- he's the only one here, right? Vice Chairman Sanchez: No, but he's been here all day. Commissioner Spence -Jones: I know. Vice Chairman Sanchez: This is the second time he comes. He's -- I mean, unless Commissioner Regalado wants to add it -- add an audit to the Bayfront Park, too, I mean. He's not here? All right. Go ahead, sir. You're recognized. Timothy Schmand: Tim Schmand, Bayfront ParkManagement Trust, joining -- 301 North Biscayne Boulevard, Miami, Florida, and joining me today is Rodolfo Calderon, who is my finance director, and we have a short presentation for you that, hopefully, I will get working. The Bayfront ParkManagement Trust was created by the Miami City Commission in 1987. We're in our 20th year now, and over that time, the Trust has worked to create South Florida's premiere outdoor special events and concert facilities and to serve as an agent of positive change in downtown. The Trust's business model is to create a compelling reason for people to attend events in downtown Miami, and in that area we've met with much success. In calendar year 2006, we had about 70 events, with 450,000 people. As a result of all that work, this fiscal year the Trust approved a $500, 000 grant to the City ofMiami Depart -- Parks Department. This is the second grant that we've given to the parks, which totals about $1 million, and in the back room -- Vice Chairman Sanchez: We have a check. Mr. Schmand: -- behind door number two is the cheat -from the Bayfront ParkManagement Trust for the City Parks Department, but that's not the real check; this is, so at the end of this presentation, I'm going to be giving this to Mr. Spring, and then it'll be spread around the very deserving park system. Other things that we have going on in Bayfront Park are regular flower plantings and improved site furnishings, including the pastel colored Adirondack chairs that have achieved near iconic status in downtown. We have a 50-foot holiday tree and a menorah from Thanksgiving to New Year's. We have free yoga classes three times a week, Mondays, Wednesdays, and Saturdays. Monday, Wednesdays is -- Vice Chairman Sanchez: We invite -- Mr. Schmand: -- 6p.m.; Saturday is 9 a.m. Vice Chairman Sanchez: -- all the Commissioners to yoga classes. City ofMiami Page 200 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Schmand: I encourage you to participate. We've been the host site for the World Adult Kickball National Championships, and we've been recognized in Pollstar Magazine as the 31 st most popular amphitheater worldwide, and Bicentennial Park is the 9th ranked festival site worldwide; number two in the United States behind Giant Stadium. We've completed negotiations for the tethered balloon operation, the installation is underway. We served as the host site for the National Foundation for the Advancement of the Art awards ceremony. We accepted management functions for the Miami Sports and Exhibition Authority, and we continue to organize the downtown waterfront interests through the Entities of Common Interest. We've hosted a spectacular run of Cirque du Soleil in Bicentennial Park and look forward to having them again, and we've negotiated a contract for a new marquee sign in front of the Park. We created a farmer's market this year, with a primary goal of increasing the exposure of downtown workers to healthy, locally grown fruits and vegetables. That market finished last Thursday, and it was a success. We're hosting open-air, first run movies in Bayfront Park through June of this year, and we're working on Rock Garden renovation and relighting projects in the park, and have recently begun the installation of a children's play area in the Tina Hills Pavilion. We continue to plan, promote, and coordinate two of our community's largest special events, the America's Birthday Bash and the Bayfront Park New Year's Eve Celebration. The Trust is committed to providing these free, community -inclusive celebrations for Miami residents and visitors. In July, we reaffirm the self-evident truths, and then in New Year's, we celebrate the passing of a year and looking -- and look with optimism to the future, and it's that future that infuses our work in downtown. Bayfront staff has lent their staff -- the Bayfront staff has lent their expertise to events held throughout the City, and the Trust continues to bring resources to the Torch of Friendship. We spend about $62, 000 maintaining the statues out there, and we're quite proud of them. The nine members of the Trust are representative ofMiami's cultural and ethnic makeup. One member is an elected official of the City ofMiami, Commissioner Sanchez, and the eight remaining members represent Miami's business, professional, cultural communities, and from my opinion, the membership in the Trust does not need to be modified. The Bayfront Park Management Trust is an extremely effective method for the City to maintain Bayfront and Bicentennial Parks. The operating costs are about $3.9 million; the City gives a million, eighty-five, less than a third of our total operating budget, for which we are very thankful, by the way, and the Trust has been extremely successful in bringing guidance and leadership to the development of Bayfront Park, and we serve as a positive catalyst in downtown Miami. Thank you very much for this time. Vice Chairman Sanchez: Tim, thank you -- Chairman Gonzalez: Thank you. Vice Chairman Sanchez: -- so much for your service and your staff at Bayfront Park. Commissioner Spence -Jones: I've got to say this about Tim. Tim is -- I -- he's awesome, correct, Commissioner Sanchez? Vice Chairman Sanchez: I hired him. Commissioner Spence -Jones: Tim, I mean, just the way that you run that operation over there, I mean, never do we get any complaints about all the work that you do over there, and the events are always great; never hear no issues over there with you guys, and you basically make it happen, and l just wanted to let you know that we truly appreciate -- we don't want you -- that going for sale either, though, OK? Mr. Schmand: No, absolutely not. Vice Chairman Sanchez: Is there a motion for an audit? Thank you, Tim. City ofMiami Page 201 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Mr. Schmand: Thank you all. Commissioner Spence -Jones: Thank you -- Vice Chairman Sanchez: Thank you -- Commissioner Spence -Jones: -- Tim. Vice Chairman Sanchez: -- so much, andl hope the next presentation also brings a check. Mr. Hernandez: Commissioner -- Commissioner Spence -Jones: I don't think they're -- Mr. Hernandez: -- we have two more boards, I believe, here. Commissioner Spence -Jones: They're not here. Vice Chairman Sanchez: Yeah. We -- Mr. Hernandez: Equal Opportunity Employment -- Vice Chairman Sanchez: -- listen -- Mr. Hernandez: -- and Community Technology. Vice Chairman Sanchez: -- it's very brief. We'll get you out of here, and we'll try to expedite this. All right. Who's next? Next board. Commissioner Spence -Jones: Come on, let's go. Vice Chairman Sanchez: IT (Information Technology), make it very brief. Peter Korinis: Yes, sir. Peter Korinis, chief information officer and chair of the Community Technology Advisory Board. Commissioner Spence -Jones: We're listening. Vice Chairman Sanchez: Yeah, go on. Go ahead. Mr. Korinis: The Community Technology Advisory Board, it was established in 2001. The goal was to provide -- to promote digital inclusion. I will be brief. We work, basically, with the Parks Department, the IT Department, and the Grants Department trying to find educational technology, recreational opportunities, and we -- the goal is to provide opportunities and tools to meet the challenge of the digital age, which is -- evermore requires computer literacy to interact in today's society. Our partners, which have been gener -- very generous in contributing to us are Microsoft, Comcast, Symantec, AT & T (American Telephone and Telegraph)/BellSouth. Major efforts: We have established the eParks Program. There are now 27 of the City parks with eParks learning centers in them; 230 computers, printers, scanners. These are equipments that have been taken out of service at the City and now are used, typically ten per park, by youth, seniors, and anyone else that participates in the parks. We've acquired software for these machines. We had an Xbox challenge, where students could win a video game, Microsoft Xbox, by creating a presentation, multimedia presentation. We've got -- we -- the City ofMiami became the first US (United States) municipality to be accepted into City ofMiami Page 202 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Microsoft's Partnership for Technology Access program, so we've made a lot of expanses. We've expanded quite a bit from where we started. The -- we've just recently expanded into senior centers. We've created four positions at Gesu, and we're going to be doing another senior center this particular month, and the last thing I'd like to mention is a program we're calling Elevate Miami. Elevate Miami is a broadening of the eParks to move into senior centers to provide educational opportunities, as well as opportunities for ownership of PCs (Personal Computers), and general training, not only in computer areas, but going to the Internet, finding things that will help people in their general life, whether it's health, whether it's applying for food stamps, whatever it might happen to be. The focus is across the life spectrum: youth, businesses, adults, seniors. You'll be hearing more about this in the very near future. If there's any questions, I'd be happy to answer them. Vice Chairman Sanchez: All right. Thank -- Mr. Korinis: We have Allyson -- Vice Chairman Sanchez: -- you. Are there -- Mr. Korinis: -- let me just introduce vice -- I don't have to introduce Allyson, but -- Vice Chairman Sanchez: She needs no introduction -- Mr. Korinis: I know she doesn't, but -- Vice Chairman Sanchez: -- but she still needs the name -- Mr. Korinis: -- she's the vice chair for the CTAB (Community Technology Advisory Board). Vice Chairman Sanchez: -- but she still needs to put her name and address on the record. Alice [sic]. Ms. Warren: Works for me. Thank you, Mr. Sanchez. Allyson Warren, 650 Northeast 82 Terrace. Just to supplement what Mr. Korinis said, as part of the Elevate Miami process, which is also digital divide issues, we are working with several groups to help get computers and training into mom-and-pop businesses where they can't close up shop; into the senior centers; into anyplace where people can go and don't know that they can go, where they can get training; if they have issues of I don't know what I'm doing, so I won't go there. We're working on mentoring programs. Everything that you can imagine, where people just don't have a computer -- we started out working with what was the Model City Trust, so that as properties were acquired or built or retrofitted, they would also be either smart wired or Wi-Fi or whatever was appropriate for that location, so this is stuff that's going citywide, not just in the parks. Vice Chairman Sanchez: Thank you so much. Ms. Warren: Thanks. Vice Chairman Sanchez: Are there any questions? Well, I guess not. Listen, don't feel bad. If the Commissioners aren't here, they're in their office hopefully watching it on TV (television), so -- OK. Thank you so much. Who do we have next? Mr. Hernandez: Equal Opportunity -- Vice Chairman Sanchez: Equal Opportunities [sic]. Mr. Hernandez: -- Advisory Board. City ofMiami Page 203 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: Come on up. You're the next contestant on the Price is Right. Sir, what are you here for? Yvonne McDonald: Good evening. Vice Chairman Sanchez: OK. All right. Commissioner Spence -Jones: What'd he say? Vice Chairman Sanchez: No, just a resident. Commissioner Spence -Jones: Oh, good. Vice Chairman Sanchez: Just thought you were here maybe on an item or wanted to address the Commission on something. All right. Ms. McDonald: Good evening. My name is Yvonne McDonald. Vice Chairman Sanchez: Good evening, Yvonne. How are you? Ms. McDonald: I'm fine. I'm a member of the Equal Opportunity Advisory Board, and my address is 3500 Pan American Drive. I'm just going to read the report into the record. The Equal Opportunity Advisory Board was previously known as the Affirmative Action Advisory Board. This board was originally created in 1976 through ordinance 85-19. Presently, the board is composed of 14 members; 10 appointed by the Commissioners and 4 appointed by the Employee Bargaining Unions. Each Commissioner appoints two members, and each certified bargaining representative of employees recommends one employee, who has to be confirmed by the City Commission. The board was created shortly before the signing of the consent decree in conjunction with the federal government and was instrumental in overseeing the changes that have occurred in the City ofMiami workforce. At that time, blacks, Hispanics, and women of all races were severely underrepresented in the overall workforce of the City, as well as in particular jobs. Today, the City's workforce is predominantly made up of Blacks, Hispanics, and women. These groups make up approximately 88.5 percent of the overall workforce; Black males, 17.1 percent; Hispanic males, 40.4.5 percent; women, 31 percent. There is now ethnic and gender representation in jobs that was previously held mostly by white men. Though there are still goals that we must strive to achieve, this board and the staff of the Equal Opportunity Diversity programs division must continue to oversee the hiring and promotional progress of that -- those that gains in the past 50 years as not lost. In this new era, without the oversight of the courts of the US Department of Justice, we must be even more vigilant in hiring and providing and promoting employees. This function is a part of the work of the support staff of the Equal Opportunity Diversity program division. This board has continued to meet with different departments in an effort to discuss concerns with diversity of all levels, of all departments. The board and the Equal Opportunity Advisory Diversity programs continue to work closely with the Police and the Fire -Rescue Departments in rescue efforts and in support of training efforts for candidates. These training efforts assist candidates for whom positions -- who want to be hired or promoted In an attempt to prepare them for taking an examination, it is the belief of this board that recruiting applicants, who cannot perform well on the test, does nothing to increase representation. Also, if you hire minorities and women at the entry level, but they do not perform well enough to be promoted, this hinders the efforts for representation. On a monthly basis, the board receives an EEO (Equal Employment Opportunity) report on the ethnic/gender makeup of the City's workforce by departments and a report on discrimination cases for review. The board may hear grievances and discrimination complaints when referred by the City's EEO officer. This board will continue to monitor and make up the City's workforce and discrimination complaints by employees and applicants. Furthermore, we will continue to City ofMiami Page 204 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 support training efforts that help candidates to succeed and to have the EEO office provide EEO training and information for our employees and managers. We look forward to continuing our work with this Commission and the City staff. Vice Chairman Sanchez: Thank you, Ms. McDonald. Ms. McDonald: Thank you. Vice Chairman Sanchez: Are there any questions? All right. Thank you so much. Ms. McDonald: You're welcome. [Later..] Vice Chairman Sanchez: Are there any other board [sic]? Commissioner Spence -Jones: Yeah -- yes. I'm -- Commercial Solid Waste Management Advisory Committee. I'm the chair of that. I just -- I'm just going to submit something into the record. You should already have a copy of it, but I'd like to recommend to the Commission the acceptance of this Solid Waste Management Committee report. This report complies with the City ordinance requirements, and l just wanted to make sure you had an official report, so I'm not going to read all of this, so I'm just going to submit it into the record. Vice Chairman Sanchez: All right. It's -- Chairman Gonzalez: All right. Mr. Vice Chairman, you're recognized. Vice Chairman Sanchez: Well, before we do that, Larry, go ahead; I'll yield to you, and then I have an item. Go ahead and just -- Larry Spring (Chief Financial Officer): I was going to do your item. Vice Chairman Sanchez: Yeah, yeah. Mr. Spring: OK. Vice Chairman Sanchez: Go ahead and do that item. Mr. Hernandez: Mr. Chair, in the meantime, the other boards that have not been heard today will be placed in the May agenda. Commissioner Spence -Jones: Yeah. We should -- Mr. Hernandez: I plan to place them at the front of the agenda. Vice Chairman Sanchez: All right, but can we do something? Let's try to organize an agenda. We should have like a -- take -- out of the year, take one day, a special meeting, maybe half a day, where you just have the boards come up and give us a report. Listen, I feel sorry for these people that commit their time and effort to serve on these boards for free and really dedicate themselves, and then they get up here and you give them two minutes, and you're like kicking them out. I mean, we should be grateful for what they do, so let me just make that recommendation to the Chair that we've been working together just to -- Mr. Hernandez: Not a problem. City ofMiami Page 205 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Vice Chairman Sanchez: -- take one day a year, where we have a special meeting, half a day, and the boards just come and give us the reports. Mr. Hernandez: It's fine. City ofMiami Page 206 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 NON -AGENDA ITEMS NA.1 07-00526 DISCUSSION ITEM DISCUSSION REGARDING TENTATIVE AGREEMENT REACHED BETWEEN THE CITY OF MIAMI AND THE POLICE UNION. DISCUSSED Chairman Gonzalez: Before going into the agenda, the Manager wants to make an announcement, which I consider to be a very important announcement that is going to make a lot of our City employees very happy, and it should make us also very happy, and you know, it's something that the Administration and the union has been working on for a long, long time, many, many meetings, a lot of time of stress, and -- but, finally, I think we have reached a solution, and Mr. Manager, you're recognized, sir. Pedro G. Hernandez (City Manager): Thank you. Good morning, Mr. Chairman and Commissioners. I'm extremely glad to be able to advise you this morning that we have a tentative agreement with our Police union for two contracts, one of two years and one of three years. It's taken a lot of work. It's not easy, but I have to tell you that the union representatives and the Administration have worked together very well and very hard, and this is the product of all of that effort. I also have to, you know, thank my staff Hector Mirabile, Michelle Piha, Rosalie Mark, in all the hard work that they have done. They still have to do quite a bit of language work today, and our plan is to be able to bring it back to you on April 26, following ratification by the union members, and at this time, I would like to ask Armando Aguilar to come forward. I would like to thank him personally for all his effort and hard work, and Armando. Armando Aguilar: Good morning, Commissioner, Mr. Manager -- Good morning. Chairman Gonzalez: Morning. Mr. Aguilar: Armando Aguilar, president of Fraternal Order of Police for the City of Miami, 710 Southwest 12th Avenue. What a rollercoaster ride. This has been incredible. We've been negotiating for a long time. I wanted to personally thank the Manager, his staff and even the Mayor, andl know that, at times, I tend to be a little bit on the emotional side, so I want to publicly apologize for all the times I lost my temper, but I think this is going to be something that's not only going to be beneficial to all the City ofMiami police officers, but also to the citizens we serve, andl thank you all. Chairman Gonzalez: Thank you. Well, now we have two more contracts to go through. I hope that they -- that we can also find, you know, a solution that would only not benefit the City employees -- and I'm talking about Fire and Solid Waste -- but also, the citizens of the City of Miami and the City, as a whole. I'm very happy with this contract with the Police Department because we couldn't continue to keep paying our officers the money that they were being paid. I mean, they were being underpaid, overworked, and overstressed, and we were losing officers every month. I hope that, with this new contract, we'll be able to retain the officers that we have and acquire new officers and that it be an encouragement from young people to become police officers, and not only become police officers, but become City ofMiami police officers and be proud of being part of this organization, so Mr. Manager, I really thank you for the work that you have done, you and the Administration, on, you know, making sure that we have an agreement. Mr. Hernandez: Mr. Chairman, it's important to note that, you know, we do understand the significance of public safety to the residents of the City ofMiami. These contracts not only help in the recruiting, but it should also help in retaining the officers that we have today so they can stay with the City for their full career. City ofMiami Page 207 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 NA.2 07-00518 City Manager's Office Chairman Gonzalez: Thank you. All right. Any other -- any comments from any of my colleagues? All right. Let's get on it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $2,000,000, FROM THE EMPLOYEES' WORKFORCE HOUSING DOWNPAYMENTASSISTANCE PROGRAM; ALLOCATING SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT AFFORDABLE HOUSING TRUST RESERVE ACCOUNT, FOR THE DEVELOPMENT OF FUTURE AFFORDABLE HOUSING. 07-00518 Legislation.pdf 07-00518 Exhibit.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-07-0225 Vice Chairman Sanchez: Now she needs to proffer the resolutions. Barbara Gomez (Director, Community Development): Now there is a pocket item where we're requesting approval from the City Commission to transfer $2 million from the Employees' Workforce Housing Down Payment Assistant [sic] Program to the Department of Community Development Affordable Housing Trust reserve account. Vice Chairman Sanchez: Wait, wait, wait, wait, wait. Chairman Gonzalez: All right. That's a pocket -- Vice Chairman Sanchez: Wait. Whoa, whoa, whoa. Hold on. You're transferring the two million to what? I thought we agreed -- Ms. Gomez: You have to put it on a reserve, and then, once we get to the reserve, we'll add the different programs. Vice Chairman Sanchez: OK, but -- Ms. Gomez: OK. Vice Chairman Sanchez: -- for the record, just put what the programs are going to be, which is for rental -- Ms. Gomez: OK. It'll be the next resolution. Vice Chairman Sanchez: OK. So move, Mr. Chair. Chairman Gonzalez: All right. We have a motion -- Commissioner Sarnoff Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." City ofMiami Page 208 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: That's a pocket item. NA.3 07-00524 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS, IN THE AMOUNT OF $4,602,609, STATE HOUSING INITIATIVES PARTNERSHIP FUNDS IN THE AMOUNT OF 1,900,000, AFFORDABLE HOUSING TRUST FUNDS, IN THE AMOUNT OF $8,600,000, AND REALLOCATION IN THE AMOUNT OF $1,400,000, FOR A TOTAL AMOUNT OF $16,502,629; ALLOCATING SAID FUNDS TO SEVERAL DEPARTMENT OF COMMUNITY DEVELOPMENT PROGRAMS. 07-00524 Summary Form.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-07-0226 Vice Chairman Sanchez: And there's another -- Chairman Gonzalez: What's the other pocket item? Barbara Gomez (Director, Community Development): The next pocket item is -- Vice Chairman Sanchez: Allocate the money. Ms. Gomez: -- we're requesting approval to have the different allocations, and let me put it on the record. The allocations of the HOME (Home Investment Partnership Program) fund, in the amount of 4,602,609 -- Commissioner Sarnoff Six two nine. Ms. Gomez: -- SHIP (State Housing Initiative Partnership Program) funds in the amount of a million, nine; the Affordable Housing Trust fund, in the amount of $8.6 million, and reallocation, in the amount of $1.4 million, for a total of]6, 502, 629; allocating said funds to the following Department of Community Development programs: $4 million for Down Payment Assistant [sic] Program, citywide; $2 million, Single Family Rehab, citywide; $4 million, Homeownership Projects, citywide; $1 million, Multifamily Rental, no tax credit deals; 5, 502, 629, New Construction Rental, tax credit deals; for a total of 16, 502, 629. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Let the record reflect that there was no City ofMiami Page 209 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 "noes." NA.4 07-00532 DISCUSSION ITEM DISCUSSION REGARDING EXECUTIVE SESSION SCHEDULED FOR TODAY, THURSDAY, APRIL 12, 2007 AT 2:30 P.M. DISCUSSED Jorge L. Fernandez (City Attorney): Mr. Chairman, indulge me for one second, please. I don't want anyone else to leave the dais before I remind everyone, as well as the members of the public, that there is noticed and scheduled an executive session -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- for purposes of conducting an attorney -client session to discuss a fire assessment case, and the executive session will convene at 2:30, so if any member from the dais needs to leave, make sure that you're back at 2:30. You will convene and conduct a session, and then reconvene back here. Vice Chairman Sanchez: All right. [Later...] Mr. Fernandez: Yes, and we have to follow the strict guidelines that Florida Statutes have set for us. I had previously requested, and we are now going to convene a private meeting, pursuant to Florida Statutes Section 286.011(8), for an attorney -client session between the members of the City Commission, the City Manager, the City Attorney, Deputy City Attorney, and outside counsel to seek advice concerning litigation in the case of Carl Masztal, et al. versus the City of Miami, case number 98-11208, section -- division CA 01. This meeting will commence now, at approximately 2:40, and will conclude at approximately 3:30. At the conclusion of the attorney -client session, the regular City Commission meeting shall be reopened, and the Chairman will announce the termination of the session. At this time, Mr. Chairman, with this meeting having been opened, we can proceed to the City Manager's conference room on the second floor, at which time we will behind -- we will be behind closed doors, with a court reporter, conducting the shade meeting, so now we're to proceed upstairs. Chairman Gonzalez: So be it. [Later...] Chairman Gonzalez: We're going to resume the City Commission. Do we have -- Is there anybody here from the Manager's Office? OK. Mr. Sar -- Commissioner Sarnoff -- Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Gonzalez: -- you're recognized. Vice Chairman Sanchez: No, no. You have to -- Ms. Thompson: I'm sorry, Chair. Are we going to close the -- Vice Chairman Sanchez: Yes. Ms. Thompson: -- shade meeting? Because, remember, we -- Mr. Fernandez: He just did that. City ofMiami Page 210 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 NA.5 07-00537 District 2- Commissioner Marc David Sarnoff Ms. Thompson: OK. Vice Chairman Sanchez: And reconvene the Commission meeting. Mr. Fernandez: The Chairman has announced that special session -- or that shade meeting has concluded, and he is reopening the -- Chairman Gonzalez: Reopen -- Mr. Fernandez: -- regular City Commission meeting. Chairman Gonzalez: -- the special Commission meeting. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ASSIST IN ENDING THE PRACTICE OF PLACING ACTIVELY PAROLED SEX OFFENDERS, TO LIVE UNDER THE JULIA TUTTLE CAUSEWAY LOCATED IN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0231 Vice Chairman Sanchez: All right. D4.3. Commissioner Sarnoff Mr. -- can I bring up an item that -- I've deferred one item, so ifI could have a substitution? It's a pretty pressing item. It's regarding sex offenders living under the -- Vice Chairman Sanchez: I'll give you a point of privilege. How's that? Commissioner Sarnoff Can I have a point of privilege? I very much appreciate it. In the -- posted on April 5, 2007, for all of you that got to read the paper, it was in the New York Times. It was in our Miami Herald as an AP (Associated Press) item, and that was the State actually sanctioning and allowing registered sex offenders to live under our bridges on the Venetian Causeway, andl suspect there may be more than just those bridges. At any rate, that brings with it a series of problems, one of which is, if you read the article carefully, they are out there with ankle bracelets for locater devices. These ankle bracelets, apparently, have to be battery operated, and they have to be powered, and there's no power source under the bridge, unless their ankle bracelets are no longer operating, so there's no way of tracking the registered sex offenders. What I'm bringing up to this Commission and I'm asking for a viable solution, maybe the City Manager, maybe the City Attorney. There's an actual -- I was going to say tacit approval - there's a direct approval by the State of Florida to allow registered sex offenders to live under City ofMiami bridges. Now, whether that's FDOT (Florida Department of Transportation) land or FDOT easemented [sic] land or, forgive me for my lack of knowledge, it's their property for some reason or another, we certainly should be regulating that property. We certainly should not allow tacitly, or by implication, or any other way allowing sex offenders City ofMiami Page 211 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 to live under bridges, andl was told by the commander of my neighborhood their hands are tied, andl want to find out how do we untie their hands. Commissioner Spence -Jones: Commissioner Sarnoff, can I ask you -- and I definitely -- I saw the report on CNN (Cable News Network), and it was, you know, pretty tragic, you know, story, just listening to what's happening, butl -- the first thing that came to my mind is it was in your district, you know, so I wanted to -- I think one of the issues, if I'm not mistaken, is the reason they're under the bridges is because, what, they have to be, what, 2,500 -- -what is it? Commissioner Sarnoff A long way away from any kind of child facility or school or something like that. Commissioner Spence -Jones: So most of these people are already homeless people, correct? Vice Chairman Sanchez: No. Commissioner Sarnoff If you're living under a bridge, I got to believe that's your definition -- Vice Chairman Sanchez: We're forcing them to be homeless. Commissioner Sarnoff -- of homeless. Commissioner Spence -Jones: OK, so -- no. He's saying, no, we're act -- they're not homeless; we're forcing them to be homeless -- Commissioner Sarnoff Fair enough. Commissioner Spence -Jones: -- so I guess what I'm -- when I saw the story -- and you know I've been working very much on this whole homeless issue -- homelessness issue, but you -- when the item actually came in front of us regarding the Camillus House, I'm sure you remember, Rega -- Mr. -- Commissioner Regalado, there were a few people that were really angry about, you know, there was no way to really determine who was a, you know, sex offender coming in and out of the shelter, blah, blah, blah. I -- the way that the story has been kind of somewhat angled is almost as if -- and you tell me if I'm wrong -- it almost appears as though we should kind of allow for that to happen. Commissioner Sarnoff You know -- Commissioner Spence -Jones: I mean -- Commissioner Sarnoff -- I call this the law of -- Commissioner Spence -Jones: -- because we're -- because we -- Commissioner Sarnoff Right. Commissioner Spence -Jones: -- have created, you know, the environment where they have nowhere else to go. Commissioner Sarnoff I call this the law of unintended consequences. It's easy -- it's very easy to legislate against a sexual predator. It's just easy to do sitting up here. Who's going to stand up and champion their cause? Should their cause even be championed? On the other hand, you now have a state corrections facility expressly -- Vice Chairman Sanchez: Underneath the bridge. City ofMiami Page 212 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Spence -Jones: Under -- Commissioner Sarnoff Right -- providing that, underneath our bridges -- andl will bet you that it's not -- maybe they're doing it because it's EDOT Maybe they believe that they have the right because they have the easement rights for that bridge, but don't know if it will ever stop there, and you know, I wasn't up here on the dais when that passed I will tell you, it's an easy -- it's easy to get up here and be against somebody that everybody pretty much has no regard for, but is the law of unintended consequence that we now have people who are on probation and parole, who have not fulled their sentence because part of their probation and parole is, obviously, they still have to spend some time in the -- they still have to spend some time fulfilling obligations the State's put on them, but what's happening is the State thinks enough to track these guys. They think enough to put an ankle bracelet on them, but then they don't think enough -- Commissioner Spence -Jones: To where they're going. Commissioner Sarnoff -- to give them a recharging facility while they put them under our bridges to track them, so now you have what, on their good faith and good word that they're going to stay under the bridge and be there for their parole officers to --? And they actually have a time when they meet, at 11 in the morning. If you read the article carefully, they actually meet at 11 in the morning to make sure they're under the bridge so he can go see them. Now where do we go with this? And I'm not saying have a solution for you right now, and I'm not sayingl ever will have a solution, but think about this in six or nine months. Where do we go with this? Jorge L. Fernandez (City Attorney): Well, your -- the likely place to go is to your Governor and to your legislators because, clearly, this is an agency of state government. Legislature is in session, andl think that the problem, not only because the news has been carrying it lately, has reached that magnitude that everybody is trying to deal with it. I could contact FDOT I can talk to them, but I don't know that any one of us individually can address this issue. Commissioner Spence -Jones is correct. We -- the law of unintended consequences -- have passed an ordinance that, in essence, pretty much precludes -- because we drew circles around parks. We drew circles around schools. We drew circles around bus stops, and pretty soon, you know, there were very, very few places within the City where these individuals could live. Now, if we were the only ones to have done that -- but I tell you, almost every jurisdiction in Miami -Dade County did the same thing. Commissioner Spence -Jones: Can I ask this question of the Chief? Chief you're here, right? Commissioner Regalado: Can I --? Commissioner Spence -Jones: Because this becomes an enforcement, almost like -- not really an enforcement issue, but I mean, really, are there any programs, are there any initiatives, are there anything out there now that could address this issue to refer these folks from under the bridge? I mean, part of it is, OK, this is a problem, then where do they go? So I just wanted to ask the Chief if he knows of -- Chief John F. Timoney (Police): Sure. There are two issues, one of them is the traditional issue of homeless sleeping underneath bridges throughout Miami -Dade County, including (UNINTELLIGIBLE) in Allapattah, so in Miami Beach, they sleep underneath the bridges. That's the homeless, and those problems that are easy to deal with, and we deal with them underneath the Julia Tuttle Causeway and other causeways on a regular basis with the homeless outreach people and our NROs (Neighborhood Resource Officers), so that's not an issue, and we clean up; sanitation comes in, but this new issue that has arisen, we were kind of expecting it to arise sooner or later, and what has happened -- because when something happens all of a City ofMiami Page 213 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 sudden, reaches the national papers, somebody has started this initiative that's now rebounded, and what has happened, the Miami -Dade Police Department has begun getting, I guess, the names from FDLE (Florida Department of Law Enforcement), began to look at the enforcing of this 25-foot -- 2,500 feet rule, and quickly surmised that, number one, the work was overwhelming, and so they, about a week ago, at the Miami -Dade chiefs meeting, had notified us they would be sending them down for the local law enforcement. Myself and Chief Fernandez, over the last two or three weeks, have been under the Julia Tuttle Causeway on three occasions. The first time, there was nobody there, even though the papers insisted, but the other day, with the NROs, we did go there. There was one gentleman; allegedly, there had been four. We came across one guy who had resided in Hialeah; had been convicted of a sexual assault on his 11 year old nephew, and had been designated a predator by the judge. His probation officer had literally used the Google map and did the 2, 500 foot -- Commissioner Spence -Jones: Wow. Chief Timoney: -- look-see, and said the only place you can stay would be un -- in Miami -Dade would be underneath -- actually, in the bay, but obviously, you can't be in the bay; you've got to go underneath the bridge, and so this is the gentleman who wasn't even from the City, but now winds up being a City problem. We had discussed with PENNDOT (Pennsylvania Department of Transportation) maybe closing off those areas, put some fencing up. They said -- not PENNDOT, FDOT, Florida Department of Transportation, but they said, no. They need -- that's under construction now anyway. They always need access, so you can't seal it off, if you were so inclined, and regarding posting no trespassing, we -- our NRO, Police Officer Burden, has checked with the probation and the judge, and if any attempts are made to enforce this law or the trespassing law, the judge will summarily release them the next day, so we've been kind of put on notice, and then where will they go? They'll be out there in the public domain somewhere, but then unaccounted for, so it's an issue that we spoke about when Commissioner Regalado -- after Miami Beach had done that, it was clear that somewhere along the line, the law of unintended consequences would kick in, and so, here we are now. The -- and it's difficult with the trial that just ended -- the Lunsford trial. There's also -- so it's not just Miami -Dade and the City ofMiami law. There's also the state law, which is about a thousand feet, so it's -- we're in a dilemma with no solution in sight. I'm not sure -- and maybe the answer does reside in Tallahassee. Commissioner Regalado: IfI may -- and the Chief is right, but the solution is not in Tallahassee or the Governor, or the City ofMiami, for that matter, because when you draw a circle in the City ofMiami Beach, there's no place, at all -- Chief Timoney: Exactly. Commissioner Regalado: -- in the City ofMiami Beach that sexual predators can live, at all. In south Dade County, they would have to live in the Everglades in the areas. It is with the courts. The courts are the one that have to designate a place for these people, but these people that are under the bridge are not the only one victims of this law of unintended consequences. One local newspaper is writing a story of a gentleman that is a sexual predator by the court; has remarried, have a son, but he's being told he has to leave his home because it's less than 2,500 feet from a bus stop, park, and so he will not be able to live with his wife and son, but that is up to the courts. The court are the one that have to decide, and they have the power, the authority to decide until when this person is considered a sexual predator, how many years, how many -- what kind of probation they need. Even if we do away with this ordinance in the City ofMiami, well, maybe we can -- we get everyone, you know, but in Miami -Dade County and 31 of the 37 municipalities have this kind ordinance -- Chairman Gonzalez: Ordinance. Commissioner Regalado: -- so there's nothing we can do about it, but it has to go to the court. City ofMiami Page 214 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 The Legislature -- the only thing that the Legislature will do is probably extend from 1,000 to 2,500 the ratio. Mr. Fernandez: But the -- Chief Timoney: By the way -- Mr. Fernandez: -- courts cannot take jurisdiction su esponte. I mean -- Chief Timoney: Right. Mr. Fernandez: -- it has to have a champion, like Commissioner Sarnoff was saying, and the question here is that -- or the issue is that no one has stepped forward to champion the rights of - - to a livelihood by -- of these individuals, and until there is a case in controversy, no judge in no court would ever opine, and then the problem would rot and fester and the like, so ultimately, before a court gets involved, if a court gets involved, then it continues to be a problem for the State and for all of its jurisdictions. Chief Timoney: We have -- we were speaking to our -- Lieutenant Suarez, who's in charge of the Sexual Battery Unit and his detectives, and there are some -- just like the case you pointed out -- there are a few cases like that that seem not to make sense why this person -- you know, you have offenders and predators. The predators are designated by the court. The offenders are anybody that's been arrested and convicted of any kind of a sexual assault, and some -- there were some cases where, you know, the guy may have been 21 and the girl 14; she's now 18 or 19 and married to this guy who's 27, but he's still labeled accordingly. According to our detectives (UNINTELLIGIBLE) that the ACLU (American Civil Liberties Union) has given some indication that they may go before the courts on this issue. Commissioner Sarnoff Chief I want to draw a distinction between the labeling of a sexual predator and the absolute failure of the registered offender, let's call them for right now, to be able to comply with the part and parcel of his parole to have an ankle bracelet that operates. Chief Timoney: All right. Commissioner Sarnoff Those are two distinct classifications -- Chief Timoney: Right. Commissioner Sarnoff -- of offenders. One has not fulfilled his prison sentence. Chief Timoney: Right. Commissioner Sarnoff You would agree with me, probation -- Chief Timoney: Exactly. Commissioner Sarnoff -- and parole -- Chief Timoney: Right. Commissioner Sarnoff -- is a nonfulfilled [sic] prison sentence -- Chief Timoney: Right. Commissioner Sarnoff -- so he is not a "rehabilitated man" just yet. City ofMiami Page 215 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chief Timoney: Right. Commissioner Sarnoff My issue is that the State is allowing a man to go under the bridge, so to speak, knowing that they cannot fulfill their sentence. Chief Timoney: I think that's one way of looking at it. I think the other way of looking -- either state parole, probation, or the courts themselves is now putting a thumb in the eye of the legislators -- Commissioner Sarnoff Well -- Chief Timoney: -- on saying you've created -- because, by the way, even if the City ofMiami withdrew its law, the County law, which supersedes anyway, is 2, 500 feet, and so we're in this corner and there's no way out, andl'm not sure -- so I think that maybe Commissioner Regalado is correct; that it's the courts that will have to intercede. Commissioner Sarnoff I think -- I'd like to bring a resolution that we go to Tallahassee, and let's identifi, the problem; that the State is aware that it is placing prisoners -- I think they're still classified as a prisoner until they've fulfilled probation and parole -- knowing that they cannot fulfill that probation and parole with the ankle bracelet on because they have no way of electriing, I guess, rejuvenating the battery to that bracelet, so you now have a person who's still subject to the prison system now living in the City ofMiami with the State knowing they will not -- Chief Timoney: Right. Commissioner Sarnoff -- fulfill that obligation. Chief Timoney: Well, the way they're getting around it, it appears to me -- andl'm not totally versed in it -- but that they have given them the equivalent of a curfew; that you must be under the bridge between 10 p.m. and 6 a.m., and they visit between 5 a.m. and 6 a.m. to, in fact, check that they are there. Commissioner Sarnoff That's interesting. Chief Timoney: Yeah. Chairman Gonzalez: Mr. City Attorney, excuse me for interrupting a minute. Commissioner Sanchez has to leave. What time are we supposed to have the shade meeting, at 2: 30? Mr. Fernandez: 2: 30, yes. Mr. Hernandez: 2: 30. Chairman Gonzalez: All right. [Later..] Mr. Fernandez: Is there a resolution? Do you have a resolution? Commissioner Sarnoff Yeah. I'd like to bring a resolution asking us to -- asking the City to join District 2 and asking the Legislature to visit the issue of placing prisoners still on active parole and probation under the bridges at the Venetian Causeway, and to -- City ofMiami Page 216 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commissioner Regalado: That's the -- Chief Timoney: No. Commissioner Regalado: -- Julia Tuttle. Chief Timoney: Julia Tuttle. Commissioner Sarnoff I'm sorry. Commissioner Regalado: The Julia Tuttle. Commissioner Sarnoff Julia Tuttle Causeway -- and to refrain from placing active parole and probation prisoners in a juris -- in our jurisdiction knowing they cannot fulfill one of their incidents of parole. Chairman Gonzalez: All right. Commissioner Spence -Jones: Is that just -- Chairman Gonzalez: We have a res -- Commissioner Spence -Jones: -- across-the-board, or are you just saying for Julia Tuttle? Any - -? Commissioner Sarnoff You could expand -- you want to modify it to expand it? Commissioner Spence -Jones: Yeah. I think you should just say -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Spence -Jones: I mean, because (INAUDIBLE) same issue. Chairman Gonzalez: So you want to amend it to include the entire City ofMiami? Commissioner Spence -Jones: I think we should. I mean, I don't know if we're going to be able to -- Chief Timoney: But I think the issue is -- the reason why they chose the Julia Tuttle, when they did the 2, 500 feet, the only place you could reside would be in the bay, and since you can't sleep in the water, they said, OK, fine, underneath the bridge, so -- Commissioner Spence -Jones: Oh, so the only -- Chief Timoney: -- apparently, there is no place in Miami. Commissioner Spence -Jones: OK -- Chairman Gonzalez: All right, so -- Commissioner Spence -Jones: -- so it's only in your district, Marc. Chairman Gonzalez: All right. Mr. City Attorney -- Mr. Fernandez: Yes. City ofMiami Page 217 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: -- you have instructions in the form of a resolution. Is there a second to the resolution? Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Let the record reflect that there is no "nays." Commissioner -- Thank you, Chief. Commissioner Spence -Jones: Thank you, Chief. [Later..] Chairman Gonzalez: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Mr. Chairman, I'm -- I was asked by the Clerk to do a clarification for NA.5, and that was the resolution asking us to instruct -- to put the Tallahassee Department of Corrections, the Governor, and the State Legislature on notice of their putting their prisoners who are still paroled under the Venetian Causeway Bridge, just to direct that that is a re -- Commissioner Regalado: Julia Tuttle. Commissioner Sarnoff Julia -- I got it wrong. I apologize. -- the Julia Causeway that that is a resolution, and that should be directed by the Clerk's Office to those respective agencies. Ms. Thompson: So that the language, as the City Attorney normally does it, is he drafts a resolution and says, "directing the City Clerk to transmit to." OK? Mr. Fernandez: Correct. Ms. Thompson: Thank you. NA.6 07-00533 DISCUSSION ITEM DISCUSSION REGARDING THE CANCELLATION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY MEETING SCHEDULED FOR TODAY, THURSDAY, APRIL 12, 2007. DISCUSSED Jorge L. Fernandez (City Attorney): And also, I need, for the record, to make sure that the CRA (Community Redevelopment Agency) -- everyone knows, as well as the public, that the CRA meeting scheduled for today has been canceled -- Chairman Gonzalez: All right. Mr. Fernandez: -- so that you know that and the public also knows that. Commissioner Spence -Jones: So -- Commissioner Sarnoff Well, let me -- couldl bring my resolution? Chairman Gonzalez: I just found out that we had a CRA meeting today, and I'm the Chair of the City ofMiami Page 218 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Commission, so you know, we're doing pretty good. Commissioner Spence -Jones: I don't know where that came from, so -- Commissioner Sarnoff I didn't know we had a CRA meeting. Commissioner Regalado: Mr. Chairman -- Commissioner Sarnoff I didn't know we had one. Commissioner Regalado: -- can I do my District 4 blue pages? Chairman Gonzalez: Oh, yeah, yeah. No. Commissioner Regalado: OK. Chairman Gonzalez: Vice Chairman is leaving, but I'm going to be here until -- Commissioner Regalado: OK. Chairman Gonzalez: -- 12:30, so I'm sorry for interrupting both of you. NA.7 07-00534 DISCUSSION ITEM DISCUSSION REGARDING SOFTBALL CHALLENGE TO BE HELD ON APRIL 22, 2007 AT PEACOCK PARK. DISCUSSED Commissioner Sarnoff And the other point of order I, after that arduous meeting we just had -- I'd like to issue a softball challenge to all the various districts on April 22 at Peacock Park, so that we can all field teams and go out there and play each other, andl suggest that we have three people from our office, and we must select only City employees, and we field it with, at least, one female. Vice Chairman Sanchez: So what are you saying, City Hall staff? Commissioner Sarnoff You can -- yeah. It must use three people from your staff. The rest have to be City employees, and you must have a female from your staff. Commissioner Spence -Jones: Well, that's not hard for me. Commissioner Sarnoff I was thinking of Commissioner Spence -Jones right there. Vice Chairman Sanchez: You're on. Commissioner Sarnoff All right, all right, April 22. I'm going to ask the Manager to clear the field for us, if possible. Vice Chairman Sanchez: Does anybody want to play on my team out there? Commissioner Sarnoff I figured you'd get the ringers. Vice Chairman Sanchez: I got to beat you. NA.8 07-00530 ORDINANCE (4/5THS VOTE) Non -Agenda City ofMiami Page 219 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION/HOMESTEAD EXEMPTION FOR SENIOR CITIZENS," MORE PARTICULARLY BY AMENDING SECTION 56-86, TO CHANGE THE HOMESTEAD EXEMPTION FROM $25,000 TO $50,000; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 12909 Vice Chairman Sanchez: You're recognized. Larry Spring: Commissioners, Larry Spring, chief financial officer. We're ask -- the State Legislature approved additional exemption for our seniors to increase it from 25,000 to 50,000. We received communication from the County stating that all the municipalities needed to pass a change to their ordinance, their relative ordinance, implementing that change so that it can be effective for the current fiscal year, allowing for some of that tax relief that know everybody's been working hard to achieve. Vice Chairman Sanchez: Is that House Bill 333 -- Mr. Spring: Yes. Vice Chairman Sanchez: -- which was signed into -- by law -- Mr. Spring: That is correct. Vice Chairman Sanchez: -- by the Governor Crist? Mr. Spring: Crist, so before you -- andl think you've already received an emergency ordinance effectuating that change. Vice Chairman Sanchez: All right, and what we basically need to do is -- the language here is any municipality may adopt an ordinance to allow an additional homestead exemption of up to 50,000 for any person who has the legal or equitable title to real estate and maintain thereof the permanent residence of the owner, who has attained an age of 65 and of house -- household income does not exceed 20,000. All right. I believe there's a resolution that you will read into the record? Mr. Spring: Ordinance. Jorge L. Fernandez (City Attorney): It's an ordinance, and we prepared it as an emergency ordinance so that it goes into effect on a timely basis for purposes of the County preparing the -- Vice Chairman Sanchez: All right. Before -- Mr. Fernandez: -- tax bill. Vice Chairman Sanchez: -- you do that, is there a --? The Chair makes a motion. City ofMiami Page 220 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 Chairman Gonzalez: No. The Chair can't make a motion. Vice Chairman Sanchez: No. You. Chairman Gonzalez: You have to make a motion. Vice Chairman Sanchez: Oh, you're -- Chairman Gonzalez: I have the gavel. Vice Chairman Sanchez: -- OK, so I move the resolution [sic]. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. It's a -- Vice Chairman Sanchez: It requires a four/fifth vote. Chairman Gonzalez: It's an ordinance, right? Mr. Fernandez: And it's an ordinance. Chairman Gonzalez: You read the ordinance? Mr. Fernandez: I will read it into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): This is your first roll call on your emergency ordinance. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed as an emergency measure, 4/0. NA.9 07-00519 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION/FLORIDA BOATING IMPROVEMENT PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,883.50, FOR THE PURCHASE OF A MARINA FORK LIFT TRUCK FOR THE MARINE STADIUM MARINA; 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 $100,883.50, FROM ACCOUNT NO. 04002.221050.534000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID GRANT APPLICATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT FOR FISCAL YEAR City ofMiami Page 221 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 2007-2008, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 07-00519 Legislation.pdf 07-00519 Exhibit.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado MOTION TO ADJOURN R-07-0222 Chairman Gonzalez: Pocket items, Mr. City Manager. Pedro G. Hernandez (City Manager): Thank you, Mr. Chair. This is a resolution authorizing the submission of a grant application to Florida Fish and Wildlife Conservation Commission. It's for a hundred thousand, eight hundred and eighty-three dollars with fifty cents, which is fifty percent of the replacement cost of a dry dock forklift at Marine Stadium, and it's one of the ones that they require that I have your authorization to apply for it. Chairman Gonzalez: All right. Is there a motion? Vice Chairman Sanchez: So move. 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. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Regalado absent, to adjourn today's meeting. Chairman Gonzalez: All right. Any other -- Jorge L. Fernandez (City Attorney): Thank you. Chairman Gonzalez: -- pocket items? Mr. Fernandez: Thank you very much. Commissioner Spence -Jones: No, sir. Chairman Gonzalez: Any other businesses [sicg? Now, we need a motion to adjourn. Vice Chairman Sanchez: That's always in order. Chairman Gonzalez: All right. Motion. Second? We got a second? Commissioner Sarnoff That's it? Second. Chairman Gonzalez: All in favor, say "aye." City ofMiami Page 222 Printed on 5/7/2007 City Commission Meeting Minutes April 12, 2007 The Commission (Collectively): Aye. Pedro G. Hernandez (City Manager): Thank you, Commissioners. Chairman Gonzalez: Have a good night. City ofMiami Page 223 Printed on 5/7/2007