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HomeMy WebLinkAboutCC 2007-05-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, May 10, 2007 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes May 10, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEMS 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 EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones Absent Chairman Gonzalez On the 10th day ofMay 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 Vice Chairman Joe Sanchez at 9:25 a.m., recessed at 12: 41 p.m., reconvened at 2:48 p.m., and adjourned at 5:45 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:26 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Vice Chairman Sanchez: (INAUDIBLE) Commission meeting is being called to order today May 10, 207 [sic], here at City Hall, 3500 Pan American Drive. If we could get Commissioner Marc Sarnoff. We already have three Commissioners. We have a quorum. The order of the day today is the agenda that's in front of us. Well go ahead and before -- well, let's go ahead and have the prayer, the invocation, and the pledge of allegiance, and then we'll go ahead and have the City Attorney read the statements that he usually reads for the reason of maintaining order in this Commission meeting, so well go ahead and if -- I'll go ahead and do the prayer and Commissioner Regalado could do the pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00611 CEREMONIAL ITEM Honoree Emanuel Washington, Sr. Other Acknowledgments Presenter Protocol Item Spence -Jones Salute Mayor Diaz Ecomedia presents check donation to the City of Miami 07-00611 Cover Memo.pdf Note for the Record: The presentation saluting Emanuel Washington, Sr. has been continued to the Commission meeting currently scheduled for June 14, 2007. 1. Mayor Diaz recognized Paul Polizzotto, CEO and founder of EcoZone, who donated a check to the City ofMiami in the amount of $225, 000; further announcing that EcoZone will be funding several projects in the City ofMiami, such as a 15 kilowatt solar system at City Hall that will keep 16 tons of Co2 from entering the atmosphere, a greening project for the restoration of the canopy and free planting in Miami, the bay wash, and storm water filters. City ofMiami Page 3 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 MAYORAL VETOES 2. Vice Chairman Sanchez presented a pair of City ofMiami cuff links to Dr. Joseph W. Underwood, a distinguished teacher at Miami High School, in recognition of his induction into the National Teachers Hall of Fame. Vice Chairman Sanchez: OK, then let's continue. Let's go ahead and do the presentations and proclamation. This is the PR.1, which is the ceremonial items. We'll go ahead and start with Commissioner Spence -Jones. You're recognized for a salute. Commissioner Spence -Jones: Yes, Mr. Chairman. Presentations made. NO MAYORAL VETOES Vice Chairman Sanchez: All right. As we move on, this -- a lot of the controversial items have been deferred. My colleagues, I ask you, if we legislate and not become philosophers, we should be out of here by 5. First, we'll continue with there are no mayoral vetoes -- Priscilla A. Thompson (City Clerk): That is correct. Vice Chairman Sanchez: -- for the record. Madam Clerk -- Ms. Thompson: That -- Vice Chairman Sanchez: -- and then -- Ms. Thompson: -- is correct, sir. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: We need to approve, I believe, two minutes. We have the regular Commission meeting ofApril 12, 207 [sic]. Is there a motion to approve that minute [sicJ? Commissioner Sarnoff I'll move. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. 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 also need a motion to approve the special Planning and Zoning meeting ofMarch City ofMiami Page 4 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 27 of 207 [sic]. Is there a motion? Commissioner Sarnoff So move. Vice Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Commissioner Sarnoff second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 5 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Order of the Day Vice Chairman Sanchez: Mr. City Attorney, before we move on with the order of the day today and we go on to the recognitions and protocol, we would like for you to read the City Commission meeting statements of the Chair. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, members of the public, any person who's a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the City Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online at wwwmiamigov. com <http://www.miamigov.com> [sic]. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote, and also any person or entity requesting approval, relief or other action from the City Commission concerning any issue, shall disclose in writing, at the commencement or continuance of the hearing on the issue the following information: Whether any consideration has been provided or committed, directly or on its behalf to any entity or person for an agreement to support or withhold support to the requested approval, relief or action; to whom the consideration has been provided or committed; the nature of the consideration, and also, a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or Commissioner is allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearing" portions of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, the person shall approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, and the meeting will end either at the conclusion of the -- of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first, and at this time, Mr. Chairman, the Administration will announce which items, if any, are being withdrawn or deferred. Vice Chairman Sanchez: Mr. City Manager, which items are being deferred, or continued, or withdrawn for the record? Pedro G. Hernandez (City Manager): Mr. Chair, items CA (consent agenda) -- from the consent agenda, CA.10 will be continued to June 14; item RE.1, to June 14. Vice Chairman Sanchez: That would also be continued? Mr. Hernandez: Yes. Vice Chairman Sanchez: Any other items, sir? City ofMiami Page 6 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Hernandez: R -- also item RE.5 will be deferred to a -- no date certain at this point in time. Vice Chairman Sanchez: OK. Madam Clerk, for the record, item CA.10 has been continued; RE.1 has been continued; RE.5 has been deferred. Priscilla A. Thompson (City Clerk): Indefinitely. Vice Chairman Sanchez: Indefinitely. Ms. Thompson: Thank you. Vice Chairman Sanchez: OK. Anything else? Mr. Hernandez: Mr. Chairman, also we have the last item on the agenda, which is PZ.1, which is the Miami Parks and Public Spaces Master Plan; that's to be deferred to May 24. Vice Chairman Sanchez: All right. That item has been deferred. That's PZ.1. Ladies and gentlemen, ifyou're here for any of these items, these items have been deferred. We thank you for coming, and we move on. Before we do that, let's continue the order of the day. Is that all the items, Mr. City Manager? Mr. Hernandez: Mr. Chairman, there is something else that I wanted to bring to the Commission's attention, is item D2.3, which is in the blue pages from Commissioner Sarnoff, which deals with a presentation on the east coast corridor study. This is an item that the Administration had on prior agendas, and I do have the consultant here today. I would like for that item to be a personal appearance by the consultant and provide the report to the Commission rather than be in the blue pages, and I believe the Commissioner will support that. Vice Chairman Sanchez: As a point of privilege, what we'll do with that item is we'll bring it up as a presentation right after the consent agenda. Mr. Hernandez: Thank you. Vice Chairman Sanchez: All right. Any other items wishing to be deferred? Mr. Hernandez: No, sir. CONSENT AGENDA CA.1 07-00544 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Administration SPECIAL REVENUE FUND ENTITLED: "AMERICORPS COMMUNITY EMERGENCY SUPPORT (ACES)" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM VOLUNTEER FLORIDA, IN AN AMOUNT NOT TO EXCEED $339,675, FOR A PERIOD OF THREE YEARS ($113,225 PER YEAR), FOR THE DEPARTMENT OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET"); AUTHORIZING THE CITY OF MIAMI'S REQUIRED MATCH OF $280,331, ($93,443.66 PER YEAR), FROM THE DEPARTMENT OF NET, IN THE FORM OF IN -KIND SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. City ofMiami Page 7 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 07-00544 Legislation SUB.pdf 07-00544 Summary Form.pdf 07-00544 Submittal Summary Form.pdf 07-00544 Submittal Correction Memo.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0260 Vice Chairman Sanchez: CA.1 has been pulled for discussion, and I believe that the Administration is going to be amending this consent agenda, so therefore, Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, I'm having staff coming up in order to provide the minor changes which make up the substitute on this item. Vice Chairman Sanchez: All right. Before we do that, let me tell you -- are there any concerns from the Commissioner [sic], any discussion? As always, I am very concerned with the matching funds. We need to make sure that these matching funds and these positions that are coming on board, what would happen to these individuals once this grant is over? Because the last thing that we hate to do is have to fire anybody after they've given us three years of service, so could anyone address that concern? Dorcas Perez (VISTA Program Director): Good morning. Dorcas Perez, Office of Grants Administration. Regarding the change for CA.1, it's merely a scrivener's error in the third "whereas" clause, and it should read, "Whereas, on February 26, the City's Department of NET (Neighborhood Enhancement Team) was noticed that the project was approved and awarded to the City ofMiami, " and it's for a grant award for nine Americorps members. Vice Chairman Sanchez: All right, so what happens when the grant runs out? What happens to these individuals? Ms. Perez: They sign up for a yearlong term, they're volunteers, and they sign up for a yearlong term, and they know that it's a one-year term that they're going to serve. Vice Chairman Sanchez: So they are very aware? Ms. Perez: Oh, yeah. Vice Chairman Sanchez: OK. I don't have a problem. Ms. Perez: Yes. Vice Chairman Sanchez: Any discussion on the item? Hearing -- I need a motion. As the Chair, I cannot -- Chair Spence -Jones: So move. Vice Chairman Sanchez: There's a motion by -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- Commissioner Spence -Jones, second by Commissioner Sarnoff. The City ofMiami Page 8 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that -- we approve CA.1. All right, so all the consent agendas have been addressed. CA.2 07-00545 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO "PRESERVE AMERICA," REQUESTING THAT THE CITY OF MIAMI ("CITY") BE DESIGNATED AS A "PRESERVE AMERICA COMMUNITY" TO IMPROVE THE CITY'S ABILITY TO PROTECT AND PROMOTE ITS HISTORICAL RESOURCES. 07-00545 Legislation .pdf 07-00545 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0251 CA.3 07-00546 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT (THE "AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE USE OF FDOT PROPERTY IN THE VICINITY OF SOUTHWEST 4th STREET, MIAMI, FLORIDA, UNDER AN ELEVATED SECTION OF 1-95, TO DELETE FROM THE LEASED AREAS DESCRIBED THEREIN, THREE PARCELS CONSISTING OF 4,113 SQUARE FEET, WHICH HAVE BEEN DEEDED BY FDOT TO THE CITY AND TO UPDATE INSURANCE REQUIREMENTS, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. City ofMiami Page 9 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 07-00546 Legislation .pdf 07-00546 Exhibit .pdf 07-00546 Exhibit 2 .pdf 07-00546 Exhibit 3 .pdf 07-00546 Exhibit 4 .pdf 07-00546 Summary Form.pdf 07-00546 Pre-Legislation.pdf 07-00546 Pre -Legislation 2 .pdf 07-00546 Quit Claim Deed .pdf 07-00546 Map .pdf 07-00546 Map 2 .pdf 07-00546 Map 3 .pdf 07-00546 Letter .pdf 07-00546 Scope of Work .pdf 07-00546 Map 4 .pdf 07-00546 Map 5 .pdf 07-00546 Map 6 .pdf 07-00546 Map 7 .pdf 07-00546 Memorandum of Agreement .pdf 07-00546 Map 8 .pdf 07-00546 Pre-Attachment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0252 CA.4 07-00547 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Fire -Rescue ATTACHMENT(S), ACCEPTING A GRANT ENTITLED: "ASSISTANCE TO FIREFIGHTERS GRANT AWARD (FISCAL YEAR 2006)," AND APPROPRIATING FUNDS, FOR THE OPERATION OF SAME, CONSISTING OF A GRANT, IN THE AMOUNT OF $770,702, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OFFICE OF GRANTS AND TRAINING, WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI, IN AN AMOUNT NOT TO EXCEED $192,675, FOR A TOTAL GRANT AMOUNT OF $963,377,TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC AND FIREFIGHTING PERSONNEL AGAINST FIRE AND FIRE -RELATED HAZARDS; ALLOCATING FUNDS, FROM PROJECT NO. 00001.181000.891000.0000.00000, FOR THE PERIOD BEGINNING FEBRUARY 9, 2007 THROUGH FEBRUARY 8, 2008; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 07-00547 Legislation .pdf 07-00547 Exhibit .pdf 07-00547 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 10 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 R-07-0253 CA.5 07-00548 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF ALLAN B. KAISER, P.L.L.C., IN THE AMOUNT OF $16,647, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER TORRANCE GARY, IN THE CASE OF STATE V. TORRANCE GARY, CASE NO. F06006428, AND ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00548 Legislation .pdf 07-00548 Cover Memo.pdf 07-00548 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0254 CA.6 07-00549 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT Improvement AWARDED TO MIGUEL LOPEZ JR., INC., TO PERFORM ADDITIONAL Programs/Transpor SERVICES REQUIRED FOR THE PROJECT ENTITLED "ORANGE BOWL tation PARKING LOT REPAIRS (ADA)," PROJECT B-30521 ("PROJECT"), FOR ASPHALT REPAIRS NECESSITATED BY DAMAGE TO THE LOT CAUSED BY AN EVENT HELD AT THE ORANGE BOWL, IN AN AMOUNT NOT TO EXCEED $1,510, INCREASING THE TOTAL FEES FROM $112,788.50, TO AN AMOUNT NOT TO EXCEED $114,298.50; ALLOCATING FUNDS, FOR SAID INCREASE, FROM CAPITAL IMPROVEMENTS PROJECT B-30521, WITH REIMBURSEMENT ANTICIPATED FROM THE EVENT PROMOTER; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE CONSTRUCTION CONTRACT, FOR SAID PURPOSE. City ofMiami Page 11 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Votes: 07-00549 Legislation .pdf 07-00549 Exhibit .pdf 07-00549 Summary Form.pdf 07-00549 Contract Change Order .pdf 07-00549 Proposal Contract.pdf 07-00549 Contract Change Order 2 .pdf 07-00549 Contract.pdf 07-00549 Bid Form.pdf 07-00549 Licenses Permits Fees.pdf 07-00549 Enterprise Participation.pdf 07-00549 General Contractor License.pdf 07-00549 Certificate of Liability Insurance.pdf 07-00549 Corporation Certificate.pdf 07-00549 Occupational License Tax.pdf 07-00549 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0255 CA.7 07-00550 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF GEORGE ALVARANGA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $175,100, 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. 07-00550 Legislation.pdf 07-00550 Cover Memo.pdf 07-00550 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0256 CA.8 07-00551 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY JEAN JUSME, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $32,500 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS City ofMiami Page 12 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 OFFICER, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, RESIGNATION 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. 07-00551 Legislation .pdf 07-00551 Cover Memo.pdf 07-00551 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0257 CA.9 07-00552 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES, IN AN AMOUNT OF $50,000, PLUS COSTS TO BE APPROVED BY THE CITY ATTORNEY, FOR THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF BERGER SINGERMAN, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN ALL MATTERS, INCLUDING BUT NOT LIMITED TO LITIGATION AND BANKRUPTCY, RELATED TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., CASE NO. 05-15867-AJC; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00552 Legislation .pdf 07-00552 Cover Memo.pdf 07-00552 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0258 CA.10 07-00570 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Capital RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE Improvement FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST Programs/Transpor FOR QUALIFICATIONS NO. 05-06-119, THAT THE FIRMS MOST QUALIFIED tation TO PROVIDE ARCHITECTURAL/ENGINEERING SERVICES FOR THE "WATERFRONT DISTRICT PROJECTS," IN RANK ORDER ARE: (1) COOPER, ROBERTSON & PARTNERS AND (2) KIMLEY-HORN AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH COOPER, ROBERTSON & PARTNERS, INC., THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM; DIRECTING City ofMiami Page 13 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL AT A LATER DATE. 07-00570 Legislation .pdf 07-00570 Summary Form.pdf 07-00570 Memo .pdf 07-00570 Memo 2 .pdf 07-00570 Committee Findings.pdf 07-00570 Committee Final Ranking Form.pdf 07-00570 Committee Ranking Form.pdf CONTINUED Item CA.10 was continued to the Commission meeting currently scheduled for June 14, 2007. CA.11 07-00405 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND GROVITES UNITED TO SURVIVE, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("LESSOR"), FOR THE USE OF APPROXIMATELY 3,197 SQUARE FEET OF SPACE OF THE PROPERTY LOCATED AT 3686 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL FACILITY, TO PROVIDE FOR THE FOLLOWING: 1) A ONE-YEAR TERM COMMENCING RETROACTIVE TO OCTOBER 1, 2006, WITH AN OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $6.20, PER SQUARE FOOT, OR $1,650, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEAR TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX, BUT SHALL NOT EXCEED FIVE PERCENT (5%); 3) LESSOR TO PROVIDE SIX (6) RESERVED PARKING SPACES FOR LESSEE; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 12500.191602.544000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00405 Legislation .pdf 07-00405 Exhibit .pdf 07-00405 Summary Form.pdf 07-00405 Rent Comparables.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer Item CA.11 to the Commission meeting currently scheduled for May 24, 2007. CA.12 07-00594 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES Commissioner FOR THE USE OF VIRRICK PARK GYM, FOR THE SECOND ANNUAL Marc David Sarnoff HOATA LAND TRUST WALL/WALK OF FAME BREAKFAST 2007 EVENT BEING HELD ON MAY 19, 2007. City ofMiami Page 14 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 07-00594 Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0259 Adopted the Consent Agenda Motion by Commissioner Regalado, 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: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF CONSENT AGENDA Vice Chairman Sanchez: And we go to the consent agenda. Any of the consent agendas that any of the Commissioners would like to pull for discussion, please advise? Commissioner Regalado: Already -- Mr. Chairman, already CA.10, it's out of the agenda, right? Vice Chairman Sanchez: CO -- yeah, CA.10, for the record, has been continued. Is there any discussion? If not, I would like a motion to approve the consent agendas [sic]. Priscilla A. Thompson (City Clerk): If you please -- Pedro G. Hernandez (City Manager): Mr. Chairman. Ms. Thompson: -- Vice Chairman. Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Thank you. Vice Chairman Sanchez: I believe there's some amendments. Mr. Hernandez: Mr. Chairman, there is an item, CA.11, which is a lease agreement, Grovites United to Survive. I understand that the item is going to go to the Loan Committee on May 18, or an action related to this item will be going to the Loan Committee on May 18. Therefore, I think it would be proper for the item to be deferred to the May 24 City Commission agenda. Vice Chairman Sanchez: All right. Listen -- OK, are you -- is it coming through your recommendation, or would one of the Commissioners make a motion to defer the item? Commissioner Sarnoff I'll make the motion. Vice Chairman Sanchez: All right. There's a motion by Commissioner Sarnoff to continue, not to defer -- Ms. Thompson: No. Vice Chairman Sanchez: -- to continue. Ms. Thompson: This -- because it's coming to the next unlike meeting -- May 24 is P&Z City ofMiami Page 15 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 (Planning & Zoning), so it would be deferred to that P&ZMay 24 meeting. Vice Chairman Sanchez: For the record -- Mr. Hernandez: My -- Vice Chairman Sanchez: -- the item will be deferred to the next meeting, which is the PZ meeting. All right. There's a motion -- Mr. Hernandez: Thank you, sir. Vice Chairman Sanchez: -- by Commissioner Sarnoff. Is there a second? Chair Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. 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." The item has been deferred, and now is there a motion to approve the remaining -- Ms. Thompson: Excuse me. Vice Chairman Sanchez: -- consent agenda? Ms. Thompson: I'm sorry, Chair. I received another substitute item for CA.1. Vice Chairman Sanchez: All right. Let's do something. Let's pull CA.1 for discussion, and let's approve the remaining of the consent agenda. Is there a motion to approve the remaining consent agendas [sic]. Commissioner Regalado: Move it. Vice Chairman Sanchez: There's a -- Chair Spence -Jones: Second. Vice Chairman Sanchez: -- motion by Commissioner Regalado, second by Commissioner Spence -Jones. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 16 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 SPECIALLY SCHEDULED ITEM SS.1 07-00265A DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - CIVIL SERVICE BOARD - PARKS ADVISORY BOARD - MAYORS INTERNATIONAL COUNCIL - LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD 07-00265A Cover Memo.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to sunset the existing Parks Advisory Board and to draft legislation to create a new Parks Advisory Board for Commission consideration within 60 days. Direction by Commissioner Spence Jones to the Civil Service Board Executive Secretary to provide an official report of Civil Service Board actions for the past 4 years regarding cases where employees were cleared of charges by the Board but were overruled by the City Manager. Vice Chairman Sanchez: All right. Let's go to the specially scheduled items, the SS.1 discussion item. We have Civil Service Board. Are they here? They're not? All right, then we'll go ahead and table it for now. Maybe they could come back later. If not, we'll go ahead and continue it for the next regular meeting. The Parks Advisory Board. Sir, always a pleasure to have you. Ed Blanco (Project Supervisor, Parks & Recreation): Good morning, Mr. Chairman, members of the Commission. My name is Ed Blanco, with the Department of Parks & Recreation, and I'm the board liaison to the Parks Advisory Board, and unfortunately, I have to report that there is no annual report for the Parks Advisory Board for the year 2006. The board has had severe problems in meeting quorum, and there were no accomplishments to report. Vice Chairman Sanchez: All right. Commissioner Sarnoff Mr. Chairman. Vice Chairman Sanchez: Yes, sir. Commissioner Sarnoff I'm curious because I mean, I think a parks advisory board is probably more important today than ever before. You have a master plan that's being considered; you have Miami 21 that likely will adopt that master plan, yet there's no private forum from the citizen input as to what we should and shouldn't be looking at for recommendations. If we have appointed people -- and you know, I'm not a party to this only because my appointments are waiting to take the seat on the Parks Advisory Board, but if we've appointed people that don't show up out of a town of 350,000 people, I'm confident that we can find -- Is it an eight- or ten- or twelve -member board? Mr. Blanco: Well, Commissioner, let me be perfectly frank with you. The problem with the board is it's a 19-member board, the way it was established in the year 2000. If you read the -- City ofMiami Page 17 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff It's a big board. Mr. Blanco: -- goals and objectives of the board, the purpose of the board -- they're very lofty; they're very unaccomplishable [sic]. Let me tell you, all of the members of the board who were on the board were good people. You know, I liked them all; they served well, but they got frustrated with some of the things that we're supposed to do, were unable to do, and after seven years of dealing with the board, they just vanished. Of course, members just decided not to come anymore. The membership criteria -- 19-member board -- there were positions on this board that were never filled since it was created in the year 2000. You know, I've been the only staff to that board for seven, eight years, and you know, when I look at the board, I think if we want to have a Parks Advisory Board -- and I think it's proper that we do -- probably we should sunset this particular board and come back with a new board, maybe draft a new ordinance with reasonable objectives and goals and with reasonable membership criteria that has the opportunity to work, but this particular board, by virtue of the fact people are just not coming -- and I have all the documentation -- it hasn't worked, sir. Vice Chairman Sanchez: All right. Commissioner Sarnoff No. I endorse -- Mr. Blanco: That's my -- Vice Chairman Sanchez: Is there a motion -- Mr. Blanco: -- recommendation. Vice Chairman Sanchez: -- to sunset that board? Now's a -- Commissioner Sarnoff I'll make a motion -- Vice Chairman Sanchez: -- perfect time. Commissioner Sarnoff -- to sunset the board with the understanding that we're going to reform a board of approximately 11 to 13 people. Mr. Blanco: We can ask for your input, and Commissioners, we have the parks master plan that's going to be -- that has recommendations, so we have things to draw upon to be able to draft a new ordinance. Vice Chairman Sanchez: Why don't we work on drafting that new board -- Mr. Blanco: OK. Vice Chairman Sanchez: -- and I think that by us drafting a new board, we could focus on the new concept and what we want to accomplish with the parks as we move forward on expanding our parks and improving our parks, so that gives us an opportunity to, once again, draft it and select the best people for that board, so there's a motion to sunset the -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Parks Advisory Board, and to have this Commission work with the Administration to draft a new Parks Advisory Board. That's the motion that's on the floor by Commissioner -- Commissioner Sarnoff One friendly amendment -- City ofMiami Page 18 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- Marc -- Commissioner Sarnoff -- to that motion would be that they come back to us no later than 60 days. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: Fine. All right. Motion by Commissioner Sarnoff second by Commissioner Spence -Jones. Any discussion on the item? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. We go to the Mayor's -- Mr. Blanco: Thank you, Commissioner. Vice Chairman Sanchez: -- International Council. Thank you, sir. That -- I believe that the -- during the confirmation here, we got a report on it. I mean, is it OK with the Commission, or do you want --? Commissioner Regalado: It's OK. Vice Chairman Sanchez: It's OK? All right, so that report has been given. The Little Havana Homeownership Advisory Board. Lisa Mazique (Director, Economic Development): Good morning, Commissioners. Vice Chairman Sanchez: Good morning. Thank you. Ms. Mazique: Lisa Mazique, Department of Economic Development. Our department has been tasked with being the liaison to the Little Havana Advisory Board, and we'd like to enter into the record its 2006 annual report touting the number of accomplishments for the board. Were there any questions? Vice Chairman Sanchez: OK. Go ahead with the report. Ms. Mazique: To date, the board's major accomplishments -- they've redefined the board by adding new board members. They set the tone for projects in the upcoming year. They've passed a resolution to create a pilot project with -- Vice Chairman Sanchez: Talk a little louder. Ms. Mazique: Oh, I'm sorry. I'll start from the top. I apologize. They redefined the board by adding new members. They set the tone for projects in the upcoming year; passed a resolution to create a pilot project, which will be a matter for further revitalization of the district. There have been three down payment assistance loans granted, and they've also worked with Sunshine Condominiums to complete and close 17 loans for low to mod individuals. At this time, there is no City board, public or private, that is serving the same function as Little Havana Advisory Board, and the membership is not being recommended to be modified at this time, and there are no costs associated with this board, since it's all volunteer, and that -- Vice Chairman Sanchez: All right. City ofMiami Page 19 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Mazique: -- concludes the report. Vice Chairman Sanchez: Any questions? Commissioner Sarnoff No. Vice Chairman Sanchez: All right. The beauty of it is that it's put together by volunteers and there's no cost -- overhead cost, so all the money that's been put towards that goes towards assisting people with homeownership. Ms. Mazique: Yes, sir. Vice Chairman Sanchez: Thank you. Ms. Mazique: Thank you. Vice Chairman Sanchez: All right. Let's go ahead and go with -- Priscilla A. Thompson (City Clerk): Excuse me. Tishria Mindingall (Executive Secretary, Civil Service): Excuse me. Vice Chairman Sanchez: -- the Mayor. Oh, I'm sorry. Ms. Mindingall: I'm sorry, Commissioners. My name is Tishria Mindingall. I'm executive secretary to the Civil Service Board. I received a message from my Chair that he is attending today's meeting. He's stuck in traffic, but he -- Vice Chairman Sanchez: It's OK. Ms. Mindingall: -- would like to have the matter heard today. Vice Chairman Sanchez: All right. When he gets here, please advise, and we'll go ahead and have him give us -- give -- present the report to the Commission. Ms. Mindingall: OK, thank you. Vice Chairman Sanchez: All right. "[Later...]" Vice Chairman Sanchez: Commissioner, before we go to you, would you allow us to bring up the Civil Service Board representation, Miguel de la 0, who's here -- Commissioner Regalado: Yes, sir. Vice Chairman Sanchez: -- for a brief report on the Civil Service Board? Counsel, always a -- Miguel de la 0: Good morning -- Vice Chairman Sanchez: -- pleasure to see you. Mr. de la 0: -- Commission. Miguel de la 0, on behalf of the Civil Service Board. You have our report, and I'm happy to answer any questions about the report, butt had two issues I wanted to raise regarding the Civil Service Board. The first is that a couple of our members are City ofMiami Page 20 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 wondering why we are no longer televised. We have not been televised I believe now in over two years. I raised the issue with the City Manager so he would know I'd be raising it with you all. They think it would help the employees to see what goes on in front of the Civil Service Board so that they understand their rights and they understand our role in the City. The second issue is one of new members on the Civil Service Board; that come January or February, you're going to be appointing up to three new at -large members. I think the method you're using now is not the best way to go about it. Folks come up to you; they tell you that they're interested in being in the board, and you decide whether you're going to nominate them or not. Frankly, on some other boards, you have a much more detailed process, and I think on this board you should also. I served on the Civilian Investigative Panel Nominating Committee. We have 20 members on that. There were interviews of everyone who wanted to be on it. Recommendations were made to you all. I think you need a more formal process. It is too important a board. There are too many rights of employees that are being -- that are at stake to have it be sort of willy-nilly, and ifI wanted to serve again, I think l should go through that process, and so should all the other at -large members. Commissioner Regalado: Can I ask you -- Mr. de la 0: Sure. Commissioner Regalado: -- or maybe the Manager -- you do the meetings here -- Mr. de la 0: Yes, in those chairs. Commissioner Regalado: -- on Tuesday, in the morning? Mr. de la 0: Every other Tuesday. Commissioner Regalado: In the morning? Mr. de la 0: Correct. Commissioner Regalado: So we have the lights and the camera, so why it's not -- Commissioner Spence -Jones: Televised. Commissioner Regalado: -- no televise? Pedro G. Hernandez (City Manager): Commissioner, my understanding is that the subject matter can, at times, get very personal, and I think that it tends to distract from other employees that, during the day, would be actually watching sort of a soap opera rather than concentrating on their jobs. Commissioner Regalado: So we would -- Mr. Hernandez: I mean, that's -- Commissioner Regalado: -- we made a mistake --- Hr. Hernandez: -- as candid as I -- Commissioner Regalado: -- in the United -- Mr. Hernandez: -- can be. City ofMiami Page 21 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: -- States. Yeah, so we made a mistake in the United States when we televise the Monica Lewinsky hearings in Congress? Because that was distracting. I mean, you know -- Vice Chairman Sanchez: But interesting. Commissioner Regalado: -- the media is supposed to be the messenger, not the message. You cannot kill the messenger. It would be a perfect world if media only published good news, but it doesn't. I think it is important that we understand the people's right to know, and the people's right to know, it's about what's going on in the City; what is going on in the City Commission because the next thing that we are going to do, we could say, well, you know what? We should not broadcast Code Enforcement because we shame a lot of people. We have people, humble people here that are ashame and said, you have an illegal unit; you have not comply, and we're shaming these people. Then we should say, you know what? We should not broadcast the Planning Advisory Board because it sends a wrong message because, after all, the results of the Planning Advisory Board doesn't necessarily are the results of the final product, the City Commission, so we are giving the people a wrong sense of what happened with this issue or what happened to that issue. I think it's wrong, you know. I think that the role of the media is to bare all, you know, whether we like it or not, and I mean, it's your decision. You are the Manager, but I think that the people have the right to know, whether it's personal or whether it's business because if we are going to start in the business of censoring what the people should or should not hear, then we could start talking about it, but I don't think we want to, so that's my take on that. Mr. de la 0: You also don't need to carry them live. As I understand, most of the time, they were played taped delay when -- Mr. Hernandez: Well -- Mr. de la 0: -- they were televised. Mr. Hernandez: -- obviously, the meetings that are happening here are public and open to everyone and to the media. I think that by televising them, you could even discourage employees from even bringing issues up because of the fact that they're concerned that then they'll be shown on TV (television), and there may be things that are of personal matter that they don't want to be, let's say, discuss at that level, so I'm also trying to protect the employees and not discourage them. Also, these are issues that are not of public concern, I would say, to the residents, like Code enforcement or City Commission action. Vice Chairman Sanchez: All right. Go ahead with your report. Mr. de la 0: Well, I gave you the written report. We had 23 meetings this year. We heard a number of appeals, and we came in ten percent under budget. Commissioner Spence -Jones: Mr. Chair -- Vice Chairman Sanchez: That's a great report. Commissioner Spence -Jones: I just want to add, I do agree with you, Commissioner Regalado. I think that -- I understand the feeling, somehow of not wanting to really air our dirty laundry, but I think that sometimes it's important for us to also understand, when we treat our employees wrong, if we do treat them wrong, that there are consequences to that, so I agree with you on that level, and if it is the City Manager's decision as to whether or not he airs it or not, I would just like to put my vote in that I think that it's important to have it aired, but what I do want to add, on a second note, is for some reason -- and you tell me how -- what your opinion of -- and City ofMiami Page 22 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 staff is here to -- for some reason, it -- when an employee -- when the board itself votes to clear an employee of an issue, right, shouldn't that be the final decision on that issue? Mr. de la 0: That's a Charter question. That's a question of policy that you all have to set whether it should or shouldn't be. Commissioner Spence -Jones: OK, to my understanding, I thought -- Mr. de la 0: It is not right now. Commissioner Spence -Jones: OK. Mr. de la 0: Whether it should be that, that's your decision and the voters because I think you'd have to change the Charter. Commissioner Spence -Jones: OK, so once it clears with you -- just so that I'm -- because there's a few incidents that have taken place where you guys have voted to clear an individual, and clearly, that individual has been cleared by the board -- which I thought we all actually appoint these individuals to make those decisions -- that it's -- for some reason, it's not adhered to. Mr. de la 0: Well, it's a recommendation. It's -- Commissioner Spence -Jones: OK. Mr. de la 0: -- a recommendation to the City Manager, and the City Manager then can accept it, modify it, reject it. Commissioner Spence -Jones: OK. That's a very -- thank you for saying that. Then my question becomes, to Mr. City Manager, if we have empowered this board, the Civil Service Board, to make a decision, why would the City Manager not support that? I'll just ask the question. Mr. Hernandez: Well, I think it's up to the Manager, the Administrator to review the facts, to review the record and make a final determination on the matter. It deals with employees that are under the Manager, and I think it resides with this office as to the final call, and I think that, since I've been here, if you go over the record, I think that it's been probably relatively supportive of the Civil Service Board. Commissioner Spence -Jones: Well, I'm glad that you also said that because you have been very supportive from this point. It might be prior to you, so I just want to make sure that I put it on the record today that, you know, I think that if we've empowered a board or we've appointed board members to serve, I think that, you know -- now, clearly, if there's instances where there is a problem, I would understand why the Manager would weigh in on a situation, but an overall point of view should be, if it is cleared by this board that we have empowered to make the decision, that that should be basically respected, correct? Mr. Hernandez: I do respect the opinion of the board, definitely, and I take the time to analyze the issues, and ifI feel that there is a disagreement -- Commissioner Spence -Jones: And spend their time and, you know, all of that, you know. Mr. Hernandez: -- if there is a disagree -- I may have a disagreement, for example, on the penalty; sometimes I increase it; sometimes I've decreased it, depending on what I feel the situation is and other information that I may have. However, I do respect their opinion, definitely. City ofMiami Page 23 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. de la O: And it is -- Commissioner Spence -Jones: And I just wanted to make sure you -- officially, we all put that on the record, butt would like to have from staff if possible, the number of times, over the last four years, that this board has voted on something and, as a body, agreed that this person should be cleared and the City Manager overruled it. I would like to have that report. Mr. de la 0: We keep those statistics. That -- we can give you that. Commissioner Spence -Jones: Do you know it off the top of your head? Mr. de la 0: No. Tish might. Commissioner Spence -Jones: I would definitely like to have that. As a matter of fact, I'm -- have it on my blue pages for the next meeting. Mr. de la 0: OK. Commissioner Spence -Jones: IfI like -- I'd like to have an official report on that. Mr. de la 0: All right. Commissioner Spence -Jones: Thank you very much. Tish, do you have a --? Vice Chairman Sanchez: Thank you. Moving right along. Commissioner Spence -Jones: Wait one second. I think she has a point. Mr. de la 0: Well, Tish says we've done it since I've been Chair. Ms. Mindingall: Tishria Mindingall, Civil Service Board. What we did was the results of the board's meetings from May of '06 through May of '07, which is what this current board has been sitting so far, and of the 17 appeal hearings we've had, there have been seven not guilty votes, and though the guilty votes, of course, are for -- all of the votes are forwarded to the City Manager. The Manager has agreed with the board, and the not guilty votes, for the most part, for those that were guilty, he has, in essence, typically upheld the original reprimand and the original penalty for the employee. Commissioner Spence -Jones: So, Tish, if you could give it to me for the last four years -- Ms. Mindingall: Sure. Commissioner Spence -Jones: -- I would really -- I would like to see the comparison between. Ms. Mindingall: No problem. Mr. de la 0: It will be very different from the last City Manager to this -- Commissioner Spence -Jones: I'm sure it will. Mr. de la 0: -- City Manager. I can tell you that -- Commissioner Spence -Jones: All right. Mr. de la 0: -- because I know the cases you're talking about, and again, I encourage you, City ofMiami Page 24 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 please appoint a nominating committee and have a more formal process for at -large members. Commissioner Spence -Jones: Thank you very much. Mr. de la 0: Thank you very much. Vice Chairman Sanchez: All right. Thank you so much. City ofMiami Page 25 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 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 07-00577 DISCUSSION ITEM DISCUSSION CONCERNING LOCATIONS, SIZES, TYPES AND PUBLIC USAGE OF ANY EXISTING OR PROPOSED PUBLIC PARKS ON BRICKELL KEY, INCLUDING TIMETABLE FOR DEVELOPMENT OF PROPOSED PARKS, IF ANY. 07-00577 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: OK. The Mayor has no items. I believe that the Chair, who is not here today, does not have any items, and we'll go ahead and go to the blue pages of Disfrict 2. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff D2.1, Mr. Chair, is a discussion concerning the location, sizes, and types of public usage of any existing or proposed public parks on Brickell Key. As -- I think you might have been there, the Dragon Boat Races -- and a number of us did go to the Dragon Boat Races. When I was out there, I noticed that there was a park there with a sign up that indicated that the park was no longer going to be there, and it was going to be relocated, so what did was I looked into exactly what the park requirement is, and I learned that some time back during a DRI (Development ofRegional Impact), or some people call it a DO (Development Order), and most of it would consider it now a PUD (Planned Unit Development) process, back in the 1970's, it was an agreement reached between Brickell Key, and I think, more specifically Swire Properties, for 3.5 acres of park space on that particular Brickell Key. Now in a letter -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- that received May 1, 2007, which -- Vice Chairman Sanchez: I'm sorry to interrupt you, but we've lost quorum. No, but are we going to be taking a vote on this? Commissioner Sarnoff No. Vice Chairman Sanchez: No. There's no vote, so, sir, I apologize for the interruption. There is no vote going to be taken. It's just a -- if it requires a vote -- Commissioner Sarnoff It's just a discussion. City ofMiami Page 26 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- we'll have three Commissioners on the dais -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- so you may proceed. Commissioner Sarnoff I learned that -- by a May 1, 2007 correspondence, which I'll make a part of the record with the Clerk -- essentially, part of the park acreage that's going to be considered -- and I'm not exactly sure how much -- is whatl describe as a linear park or a Swale area that's considered part of the -- just the water's edge, and what I'd like to know is, where will this 3.5 acres of park be available? It must be available based on prior agreements for public use. There must be public access, and then, how much of this linear park is considered part of that 3.5 acres? Vice Chairman Sanchez: I think you're the one that could answer that question, sir. Steven Owens: Good morning. Steven Owens, 848 Brickell Key Drive, and I'm here to address Commissioner Sarnoffs questions. First of all, I'd like to thank you for the opportunity to come because I think we're proud of the story we have to tell about our obligation with respect to a 3.5-acre park. This came about, you're absolutely correct, as a part of a DO and a DRI issued in 1975 by the State and the City ofMiami. The concept of the park has always been a linear, pedesfrian park on the western edges of Brickell Key. Personally, I think it's a great concept because, at the time that this was initiated, it was very much opposite of what was currently happening, most particularly on Brickell Avenue and here in the Grove, to a lesser extent, in that the condominium developments were really blocking offpublic access to the water, so the concept that we had and the one that came out of the DO was one to have public access, as you point out, to this park. It's a pedesfrian park, linear in concept, that runs the length of Brickell Key from the southern tip to the northern end, and the land there, which will encompass, eventually, 3.5 acres as it continues itself around the northern edge of the island, will, in fact, at the point of deeding to the City, contain the 3.5 acres. It operates seamlessly with the concept of the bay walk that we have that continues around the island. These areas have been landscaped. We've put in public art. We've -- brick pavers, and in fact, on our own initiative, we went so far as to reach agreement with the City to enhance the Brickell Bridge, which is also owned by the City, so that there was a more seamless connection of this public park area with its natural public access, which is the bridge, to the Brickell -- the Greater Brickell area, and this, of course, was all part of a concept initiated many years ago by a greenways committee, which we served on, which the idea was to have a continuous pedestrian experience with the bay and the river as it continued along in the eastern framework of the edge of Brickell, so this has been -- in concert with that, for the past 18 years, as we have made application for new buildings on Brickell Avenue, we have updated City staff with a memorandum of exactly where we were not only with the park requirement, but with other requirements as a part of the DO, and at the present time, the last submission to the City was in 2004, where we received permission to proceed with a building permit for our Asia building, which is now under construction and should be completed first quarter of next year. At that time, 90 percent of the park area will be complete. The last portion will be tied in with our final building, which is on the southern tip adjacent to the Mandarin Hotel, which will be the Mandarin Residences, and at that point, we will conclude the remaining ten percent, and we'll be in a position to dedicate the 3.5 acres. I should also point out this was reviewed in detail with the City Attorney and staff in 2002, and the detailed memorandum of this was put forward. We think that -- Commissioner Sarnoff Let me just -- can I ask a question? Mr. Owens: Surely. City ofMiami Page 27 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff IfI understand you correctly, what you're telling me is, at the inception, in 1975, it was understood that this would always be a linear park, correct? Mr. Owens: That's correct. Commissioner Sarnoff Is there a document you could point me to that direction? Mr. Owens: The DO and the DRI speak to it. Commissioner Sarnoff So the DO and the DRI will say -- because I didn't get it from the City -- that a linear park is contemplated. Mr. Owens: That's right -- Commissioner Sarnoff OK, and this linear -- Mr. Owens: -- and -- Commissioner Sarnoff -- park -- Mr. Owens: -- the western side. Commissioner Sarnoff Right, and this linear park will constitute, by aggregate, 3.5 acres. Mr. Owens: That's correct. I should also, perhaps, mention that that is the portion that we're obligated to dedicate to the City, and we fully intend to do so, but if you take the concept that was born out of this park, and you look at the total area that, in fact, it works with in conjunction with the remaining area that -- of the bay walk that surrounds the island, it approaches five acres in its total context, and so it's been pointed out to me that it was thought to be the longest continuous public experience of pedestrian walkway on the water in Miami. Commissioner Sarnoff OK, and you mentioned one last thing, and I just want to understand it. You said you enhanced the Brickell Bridge. How did you enhance the Brickell Bridge? Mr. Owens: The Brickell Key Bridge, we call it. Commissioner Sarnoff Sorry, Brickell Key Bridge. Mr. Owens: Well, we approached the City and said this is, you know, in all due respect to DOT (Department of Transportation), who is here, a pretty mundane looking bridge experience. We'd like to see that we can't connect ourselves in a more unified way, and also, in a beautification effort with respect to that bridge. We reached agreement with the City to allow us to do certain things to that bridge. We put in brick pavers, so now the sidewalks that connect Brickell Key and onwards to the Brickell Avenue side now have brick sidewalks. We added landscape planters. We added architectural lighting both on the railings and in the center of the median, and we painted the bridge, and we have in a maintenance agreement where it's our obligation to continue to maintain that bridge on the City's behalf. Commissioner Sarnoff Thank you. Vice Chairman Sanchez: All right. Any further questions on this? If not, thank you so much, sir. Mr. Owens: Thank you. D2.2 07-00582 DISCUSSION ITEM City ofMiami Page 28 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 DISCUSSION CONCERNING LEGISLATION PROHIBITING USE OF PLASTIC BAGS AND STYROFOAM TO PROTECT WILDLIFE, IMPROVE THE ENVIRONMENT, ENCOURAGE RECYCLING AND MINIMIZE LITTER. 07-00582 Cover Email.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, directing the City Attorney to review the ordinance enacted in San Francisco, California, prohibiting the use of plastic bags and styrofoam and to bring this item back to the City Commission for discussion. Vice Chairman Sanchez: We move on to your next item, Commissioner Sarnoff. Commissioner Sarnoff Brief discussion, Mr. Chair, regarding just a consideration as to whether we would like to prohibit the use of plastic bags and Styrofoam to protect our wildlife and improve the environment. The reason I bring this up to you is San Francisco, about two weeks ago, passed a very similar ordinance. The idea behind it was to -- if you all don't know this, plastic bags don't degrade for a number of years, in the hundreds of years. They are made extensively with oil, and they, obviously, are part of the oil production that the United States needs, and it's just something -- whether we want to consider because it will help improve the wildlife because we often hear about manatees and other wildlife getting entangled in fishing line, but they equally have problems with plastic bags and Styrofoam, which Styrofoam, once again, doesn't degrade for, basically, our lifetime, and I just thought it was a conversation, since we want to be viewed as on the cutting edge of being a sustainable city, that we should maybe follow suit with the city that's probably on the biggest cutting edge, which is San Francisco. Vice Chairman Sanchez: All right. Well take that into consideration. See -- you want to speak on the issue? Commissioner Spence -Jones: Well, I'm -- I didn't know whether or not Commissioner Sarnoff was going to -- Commissioner Sarnoff Oh, yeah. It's --I have nothing more than the material that I was able to generate from San Francisco's ordinance, and I'm really just being a plagiarizer of sorts. I'm plagiarizing their ordinance and plagiarizing their thoughts. Vice Chairman Sanchez: Why don't you provide that to us, or we could probably get it out of the Internet. Commissioner Spence -Jones: I just want to add -- I'm sorry. I just wanted to add a comment onto it. By all means, Commissioner Sarnoff, I think that we all agree on the issue of what we're doing from a green city standpoint, from an environmental standpoint, and again, this is one of those issues, you know, in my district, it may be a little different, and my immediate concern when I saw it was -- and again, now that I know it's just a discussion, then that's a different thing, but my concern would really be centered around -- you know, in my particular district, where I have many bodegas, many little marts, Family Dollars, and all these stores, when I saw the item on the agenda just this past week, I said let me just pay attention to the number of people that are actually walking back and forth from the stores in the neighborhood and what are they using, and most of them are using plastic bags, and for me, it would be a difficult or long stretch for me to support it because my reality, in District 5, is, you know, people walk back and forth to the grocery stores or to the stores in their areas, and the minute we start to even bring up the issue of you know, regulating whether or not anyone should have plastic bags or paper bags, I'm definitely going to create an issue for the folks in my district, so if it's just a discussion, I'm fine with the discussion on it, and maybe it's, you know, perhaps, in certain City ofMiami Page 29 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 communities or certain -- whatever. I just know that -- and I'm not sure if it's the same way in Flagami. I'm not sure if it's the same way in Little Havana, but do know that, in Little Haiti, Liberty City, Overtown, and the -- Wynwood, the areas in which -- some of them in which we serve together, most of those folks use plastic bags to go back and forth. Commissioner Sarnoff Well, Commissioner Spence -Jones, I think everybody presently pretty much uses plastic bags, and this is -- I don't know if it's a rich or poor item. I could point out to you that a number of cities in Europe require them to use a burlap bag, or burlap bags and canvas bags are available that you actually take home with you and keep. I remember -- maybe I'm a little older than you -- when there weren't plastic bags, and we would carry paper bags, and the paper bags do no damage to the environment. They obviously degrade in less than one year, so I don't know that it is or it is not a economic issue. I think it's a relearning issue. I'm more than prepared to be told -- or that, you know, maybe the better use is to recycle these bags. The problem with the recycling, it does not address the damage it does to the marine environment, and if you've walked up and down just City Hall -- Commissioner Spence -Jones: Yeah. Commissioner Sarnoff -- if you've walked in the back -- and it's been a very beautiful past couple of days. I know I've done it. -- you can see the amount of plastic bags strewn in our waterfront, and you know -- Commissioner Spence -Jones: Well, that's -- Commissioner Sarnoff -- anytime you relearn anything -- Commissioner Spence -Jones: Yeah, and again, you know, people elected me to make sure that I, at least, look out for what their -- that their issues are and concerns. I know for a fact that -- you know, and again, like you said, it may not be a district thing. It just may be whatever thing, but the issue is, you know, a lot of the seniors that we have in our districts, you know -- I don't know the last time you picked up a paper bag to try to carry anything in. I just went to the grocery store just recently -- Winn -Dixie, as a matter of fact -- and they were putting them in paper bags, and I couldn't get out of the store before the bag start breaking, so I just think that, whatever we do, we have to be very cautious and conscious of whatever we decide we're voting on or how it will affect the overall city, so -- Commissioner Sarnoff Let me -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- just say one last thing, and you know, my grandmother, who is a very small, four foot eleven woman, and she used to have that grocery thing that she would bring back and forth with her, and she had a -- three burlap bags, and for the better part of 25 or 30 years, so carried the groceries from Prospect Park in Brooklyn to Sheepshead Bay, and was able to carry all her groceries in a burlap bag that lasted the better part of 20 years. I just -- sometimes we become ingrained in what we've learned. I know I'm a product of plastic bags as well. It will change me to some degree to start learning to use something else. I just wonder if it's not worth investigating and setting a good example for all of us, and I don't know that it's an economic issue, but I'm more than willing to listen. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. Commissioner Regalado -- Commissioner Regalado: Just -- City ofMiami Page 30 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- you're recognized. Commissioner Regalado: The San Francis -- Thank you, Mr. Chairman. San Francisco has given a one-year waiting period for the groceries to adopt the new system. It is an economic impact, and I think that this has to be deal with a regional view because you cannot put the burden on some areas of the County, but I do think it's important that, at least, we start a campaign to educate people as to how this effects the environment and how we can deal with some remedies and not probably discarding in the street or through the storm sewers because it clogs the storm sewers, and I think it is worth looking at. San Francisco has taken the lead, and some of the cities in the state of California has follow, but actually, the state has given grants to business in San Francisco to start substituting the bags for other kinds of ways to carry, especially paper; although, more paper, you would have to cut more frees, but that's another thing, but I think -- Commissioner Sarnoff We could recycle it, you know, but -- Commissioner Regalado: We could recycle, but it's important to educate the people. Now the City of San Francisco, Marc, has just -- another ordinance in the works. Please, that's prohibiting French fries, so let's not -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- but it's important, and I think it worth looking at education process. Commissioner Sarnoff Can I make a motion just to ask the City Attorney to look at the San Francisco ordinance and bring it up as another discussion item, and I'll try -- Commissioner Regalado: Second. Commissioner Sarnoff -- to do as much investigation -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- as I can. Vice Chairman Sanchez: There's a motion by -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Commissioner Sarnoff second by both Commissioner Regalado and Commissioner Spence -Jones, directing the City Attorney to review the San Francisco -- Is it an ordinance? Commissioner Sarnoff Yes. Vice Chairman Sanchez: -- and bring it back to the Commission for review -- Commissioner Spence -Jones: For discussion. Vice Chairman Sanchez: -- for discussion. OK All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 31 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 D2.3 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. 06-02298 Cover E-mail.pdf 06-02298 Submittal Presentation.pdf Final SFECC Presentation for Municipal Meetings.ppt DISCUSSED Note for the Record: Item D2.3 was presented as a personal appearance item. Vice Chairman Sanchez: All right. Why don't we do something? Mr. City Attorney -- I mean, Mr. City Manager, let's go ahead with that -- Pedro G. Hernandez (City Manager): Presentation. Vice Chairman Sanchez: -- presentation which we pulled for -- from the blue pages to the regular agenda as a presentation, as a point of privilege. Mr. Hernandez: Thank you, Mr. Chairman. This is an item that we have had on several agendas, and we were not able to get to it, but I think it's a very significant subject matter. We have Mr. Carlos Cejas from Gannett Fleming, and the subject matter is an update on South Florida East Coast Corridor Study. Mr. Cejas. Vice Chairman Sanchez: All right. Sir, how long is your presentation going to take? Carlos Cejas: Very short. It's like -- long -- as short as you like, about five minutes, and if you like, I could do it shorter and allow more questions -- Vice Chairman Sanchez: No. Five -- Mr. Cejas: -- and answers. Vice Chairman Sanchez: -- minutes is -- Mr. Cejas: OK. Vice Chairman Sanchez: -- good enough. You're -- Mr. Cejas: Very good. Vice Chairman Sanchez: -- recognized for the record. Mr. Cejas: OK. Thank you. Like he said, my name is Carlos Cejas. I'm the project manager. I'm here representing the Florida Department of Transportation. A little bit of background. This is for the FEC (Florida East Coast) corridor, which runs from the City ofMiami up to Jupiter, and actually goes beyond to Jacksonville. The reason we're actually here and doing this study, the last three bullets address it. Different studies were ongoing on the corridor of FEC. FEC approached the agencies and said we want one consolidated study of the corridor, and that's why this is such a large study. Our goal is to come up with essentially a master plan for the corridor and how it should move forward for passenger transit. The corridor itself is approximately a hundred feet in width for most of its length. There are some sections that are City ofMiami Page 32 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 constrained, where we don't have the hundred feet of right-of-way. One of our biggest challenges, as you may know, there's a lot of grate crossings over this railroad. It is the original Flagler railroad; that's one of the reasons. Today -- what's out there today, in terms of infrastructure is basically set for the freight. You cannot just go out there and add passenger service with the infrastructure that's out there. You would have to add additional infrastructure. We looked at a large number of alternatives in this first tier study that we just completed. We looked at the FEC. We also looked at the CSX (Chessie Seaboard Express) corridor. We looked at adjacent street corridors; for example, US 1 and I-95 and portions of that. We came up with several recommendations; one of them was to break up this corridor into sections for further study in what we're calling a second tier, or tier two, and there's different technologies that pass that initial screening. We eliminated some, and some we're recommending to move forward for further study. In terms of the sections, this graphic on the left represents what we're going to be moving forward with. The south section extends essentially from downtown Miami to Pompano Beach. That's primarily, as you would expect, probably the biggest market for transit. There's also the north piece, which is an -- essentially an extension of Tri-rail to the north, and then there's that middle piece there that you see, which fills it in. In terms of different technologies that we looked at, we looked at a large number. These are the five that are still viable to move forward, being bus, rapid transit, light rail, a Meforail type technology, something similar to Tri-rail, or a more modern regional rail type technology. These are the ones that we will be moving forward with for further study in this next tier. We did eliminate some other technologies in this first tier. I know there's a big interest in cost. These numbers are, as you would expect, very large for an 85-mile corridor. It's actually more than 85 miles when you include connections east and west, potentially connecting to the existing Tri-rail. If you focus on just the southern piece, the Pompano to Miami, cost range somewhere between 2.6 billion and as high as 8 billion for a Metro -rail type technology, assuming it's elevated. This graphic on the left illustrates the station areas that we initially looked at. If you look at within the City ofMiami, we initially looked at nine stations or station areas within the City ofMiami. These will be looked at in more detail as we move forward. We may or may not end up with a station at these locations, but these are the stations that show the most promise. We've been making this similar presentation to the different municipalities up and down the corridor. There's actually 28 municipalities that directly abut the FEC and 42 that were within our study area, and one of the things we encourage the cities to do is, if they are supporting this project, to, you know, provide us a resolution. The other thing that we're going to be involved with the City's -- probably more the technical staff is as we start selecting these station areas, we need input in terms of what type of transit development we want around those stations. Some of the issues we've identified in our oufreach -- we have done extensive public oufreach up and down the corridor. These are some of the ones that came up within the City ofMiami. Where we are today? We are completing what we call a programmatic environmental impact statement that basically consolidates the study and the results of this first tier that we did. We will be starting this next tier in August, which is really moving forward with the more formal FTA (Federal Transit Administration) process to potentially get FTA funding. Earliest date of service. I know that was a question. Best case scenario is 2015. Biggest constraint here probably is, first step, acquiring a right-of-way somehow from the FEC, and then moving forward with this major infrastructure project, and we have and will continue to look at a greenway, or bikeway, or path along the FEC. It is in the Miami -Dade and Broward's plans, and it's about to be adopted as a regional bikeway by the three county MPO (Metropolitan Planning Organization), so that will be part of a further study. That concludes my presentation. I'm open for questions. Thank you. Vice Chairman Sanchez: All right. Thank you. Any questions pertaining to the presentation? Commissioner Sarnoff You indicated -- Vice Chairman Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Thank you, Mr. Chair. You indicated the earliest that this would be City ofMiami Page 33 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 implemented is 2015? Mr. Cejas: Yes. Vice Chairman Sanchez: Fifteen. Commissioner Sarnoff Fifteen -- Mr. Cejas: Fifteen, fifteen. Commissioner Sarnoff -- so we're a better part of eight years away from any kind of implementation. Mr. Cejas: Yes, best case scenario, yes. Commissioner Sarnoff Will all the crossings remain at -grade? In other words, are any -- are there any studies or any indications that you'll create a non -grade crossing? Mr. Cejas: We took a very coarse look at this first tier, and in this next tier, we definitely -- we have a lot of money and effort geared to looking in that, and our goal is to consolidate and potentially eliminate primarily the smaller ones. There's a lot of smaller streets, so we could possibly close those; maybe just leave them open for pedestrians. Chair Spence -Jones: Commissioner Sarnoff what was the -- what was your question? Commissioner Sarnoff Grade -- Mr. Cejas: Grade crossings. Commissioner Sarnoff -- crossings. In other words, the closing or the -- I always call it the arm. The arm -- Mr. Cejas: Yes. Commissioner Sarnoff -- goes down, and the -- Mr. Cejas: Yes. Commissioner Sarnoff -- street gets closed. Commissioner Spence -Jones: Oh, OK. Mr. Cejas: Yes, and we'll be looking at possibly going over -- either taking the streets over or taking the rail over at maybe the more heavily traveled corridors, so yes. Commissioner Sarnoff And is there any -- is there a process, or are you considering going over when it gets to the more densely populated parts? Mr. Cejas: Yes. That's an option. Again, as you go over, it just increases the cost and then makes it less viable, but yeah, I would say there's one area that we must go over, and it's within the south section, but not in Miami -Dade, which would be downtown Fort Lauderdale, and the reason for that is we have to go over the new river, which is right there, so I don't know if you've seen, but Tri-rail just built a high-level bridge over the new river, but further west. We would likely be looking at something similar in the downtown Fort Lauderdale area. Other areas, it would be on a case by case basis; where it makes sense, we would grade separate. City ofMiami Page 34 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Commissioner Spence Jones? Commissioner Spence -Jones: Are you finished? Commissioner Sarnoff No, go ahead. Commissioner Spence -Jones: I just wanted to ask you a quick question because I know -- I'm very glad that, at least, you came out and presented this because there's a lot of misinformation out there, and I'm not sure if the Manager or Commissioner Sarnoff was responsible for actually having the presentation today, but there is a lot of misinformation about what's happening, so I appreciate you coming out this morning. Can I ask you --? I know a great portion of it, the railway, is actually in my district, and I believe we -- Commissioner Sarnoff and I, we kind of share the area. Is there anything that -- are you guys looking at anything from a housing perspective, any transit -oriented type developments that would actually be attached to rail -- to the railway at all? Is that being looked at? Or any commercial -based projects that you guys are looking at doing? I know, at one time or another, there was some talks about it. If you could speak to those two things, I really would appreciate it. Mr. Cejas: Yes. As far as the station areas, one of our -- the next phase that we're going to look at in detail is go to these circles that we drew and really find out where is the best location for a station, and then look at what is the best way to do development around that station to support it, and universally, up and down the corridor, the issues of jobs and housing has come up, and I think elected officials at the state level and other areas know that, and I -- they've been talking about different potential plans for maybe some type of maybe corridor length zoning for affordable housing or something to support affordable housing and higher density, you know, around the station, so yeah, that's all going to be part of the next phase. Commissioner Spence -Jones: OK. Then my other question is, I know you said 2000, what, 15? Vice Chairman Sanchez: Fifteen. Mr. Cejas: Fifteen, yes. Commissioner Spence -Jones: You know, currently -- and Commissioner Sarnoff could probably agree to this -- the railways, currently, the way that they look right now -- Cejas: Yeah. Commissioner Spence -Jones: -- meaning the area surrounding the -- are in horrible -- Mr. Cejas: Yeah. Commissioner Spence -Jones: -- in certain areas, horrible shape. Mr. Cejas: Yeah. Commissioner Spence -Jones: Is there anything being put in place now to, at least, beautify it, to upgrade it, to make it look, at least, presentable, especially in those areas that fruly need to have that happen? Mr. Cejas: Unfortunately -- I mean, we can bring it up. We -- right now, FDOT or -- no state agency owns the right-of-way. It's owned by the FEC. It's privately owned, so they -- it's -- Commissioner Spence -Jones: Is it -- I -- City ofMiami Page 35 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Cejas: -- we have no control over -- Commissioner Spence -Jones: -- guess my question is, is there a beautification type project or anything along the railway that's being proposed as a part of this study? Mr. Cejas: Oh, yeah. If we do go forward, definitely. With the greenway -- well, to begin with, it looks like most of that hundred feet would be occupied by tracks. In other words, if we provide passenger service, we'd likely need two fracks. It looks like FEC would need one or two fracks, so you're talking three or four fracks. You add a greenway, so that means most of that hundred feet's going to have something on it, and then potentially, on the borders, there could be some type of enhancements with landscaping and so forth -- Commissioner Spence -Jones: OK. Mr. Cejas: -- but as of now, there's nothing in the works, other than what the three MPOs have in their long-range plans that this is for a greenway, but I don't think there's any money identified for any improvements now. Chair Spence -Jones: OK. Thank you so much. Vice Chairman Sanchez: Any further discussion on the items? Just on priority wise, connectivity is very important -- Mr. Cejas: Yes. Vice Chairman Sanchez: -- as we want to be able to connect everyone, including anyone from walking, riding a bicycle to -- Mr. Cejas: Yes. Vice Chairman Sanchez: -- the buses to the Metro -rail -- Mr. Cejas: Yes. Vice Chairman Sanchez: -- and that's one of your priorities as we move forward on this, right? Mr. Cejas: Yes, and actually, some of those station locations provide great connectivity to your proposed streetcar. Fort Lauderdale's proposing a streetcar; provide connections -- we will be looking at providing better bus service and bus connections as well, so, yes, that's very important. Yes. Vice Chairman Sanchez: Thank you so much. Thank you for your presentation. Mr. Cejas: Thank you very much. D2.4 07-00586 DISCUSSION ITEM DISCUSSION CONCERNING CODE ENFORCEMENT. 07-00586 Cover Email.pdf 07-00586 Submittal Sarnoff Letter and Photos.pdf DISCUSSED Vice Chairman Sanchez: Commissioner Sarnoff D2.3 has been deferred to 5/24, and therefore, we go to D2.4, which is a discussion item -- City ofMiami Page 36 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: -- discussion concerning -- Commissioner Spence -Jones: No. Ms. Thompson: Chair -- Vice Chairman Sanchez: -- Code enforcement. Ms. Thompson: Record -- Commissioner Spence -Jones: We did -- Ms. Thompson: -- be clear. D2.3 was discussed as a personal -- Commissioner Spence -Jones: -- it already. Ms. Thompson: -- appearance. Vice Chairman Sanchez: I'm sorry. Yes -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- it was. Ms. Thompson: Thank you. Vice Chairman Sanchez: It was a -- it was taken out of order, and there was a public presentation on it, so -- All right. D2.4, it's a discussion item, and it's concerning Code enforcement. You're recognized, Commissioner Sarnoff. Commissioner Sarnoff Mr. Chairman, I wanted to bring out to the public that the City Manager and I, and Mariano Loret de Mola, our director of Code Enforcement, have been meeting over the past number of months discussing how we can improve Code enforcement. During these discussions, the police contract was pretty much not completed, and we knew that there was a concern -- how can we put more eyes and ears on the sfreet. I'm pleased to alert this Commission to a pilot project that I think the City Manager is willing to consider and maybe implement very shortly, where we actually put Code Enforcement officers on the sfreet, and that is their place of call, on the street. Now, understanding Miami, while we do have a good environment, can sometimes be slightly harsh in terms of having to put somebody on the street the entire day, what I have handed out to you are kiosks, and the City Manager is investigating the use of these kiosks -- and I'll show you one just to put up for the record carefully. This kiosk would be placed on the sfreet, and the Code Enforcement officer or PSA (Public Service Aide), because the City Manager wants to investigate the use of public service aides, will be staffing these particular facilities, possibly mornings, and maybe even into the night, and we're considering doing it in the village center of the center -- of the Grove. We're considering doing it in Village West. We're also considering doing it at the PAC (Performing Arts Center), and the reason we're considering that, maybe two places and the PAC, would be one by the Omni so that people would have a comfortable feeling of crossing the street, seeing eyes and ears. Also, on the very west side, for a safety issue, maybe we could possibly put a PSA there. I think this is going to be a great pilot program. He's even discussed doing a kiosk and putting some people on the sfreet continuously in Little Haiti -- I'm sorry, Little Havana, I think was what we talked about, and I think this is something that the citizens look forward to. I think they want to see their Code Enforcement officers out there. I know there was a big desire to bring them back to City ofMiami Page 37 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 the NET (Neighborhood Enhancement Team), and I think, before we visit that, I'd like to see this pilot program experimented with; see if it works. I think it achieves two things, and I hope we inevitably get to a zero tolerance level of Code enforcement in certain parts of the City, and I will suggest to you, I'd like to see it happen in District 2. I think will do two things, and that is help our Code enforcement efforts, and just as importantly, it will be a bunch of folks out there in uniform that are keyed to Channel 9 [sic] and go directly to the police, so they'll be able to call the police when they see the necessity for a uniformed officer -- uniformed armed officer to confront the situation, and I think what the City Manager's done so far is, in the midyear budget, he's planned for 12 PSAs to be hired and five more Code Enforcement officers, and I know that he is looking, with Mary Conway, into sourcing a kiosk, whether it'll be this one or just a variation of it, so that we could place it on the sfreets and allow them at least the comfort of some air conditioning come the next following months in Miami. Commissioner Spence -Jones: Mr. Chair. Vice Chairman Sanchez: You're recognized. Commissioner Spence -Jones: Definitely love the idea and the concept. I just wanted to ask the City Manager, though, the reason -- I know that there's been some back -off of the Code Enforcement officers going back to the NETs. What is the reason or the -- what is the reasoning for not doing that? I mean, if we're looking at putting kiosks -- and that's fine as a pilot project, Marc -- I mean, Commissioner Sarnoff, but I'm just frying to understand. What is the big push -off of not wanting to have the Code Enforcement officers back in the NET offices? So we'd rather build a structure, whether or not it be a kiosk or something smaller, than to put it in the NET offices? What's the reason for not wanting to do that? Pedro G. Hernandez (City Manager): I think there is a philosophical difference between the services that NET and Code Enforcement provides. Code Enforcement implements the Code, provides citations, has a main purpose of insurance compliance with the Code. NET, on the other hand, are supposed to be the consumer advocate. They're supposed to represent the residents. They're working with the residents to avoid having to be in a situation of having to deal with Code Enforcement. I call them the guys with the white hats; Code Enforcement is the black hats. It's difficult -- and when I was at the County, we used to face the same problem. It's difficult when you have Code Enforcement and NET together, and the same folks that are giving you the advice as a consumer advocate are the ones that are giving you the ticket, so I think it's wise to keep the two functions separate, and that, I think, is the main reason. Now in addressing the concern that Commissioner Sarnoff is bringing up, I think that his idea is one that helps in providing presence on the street, at the street level, and besides the fact that we now have a police contract that will help us in recruiting -- that's very important -- on police. In working with the Police Department, I also want to propose that we hire Public Safety Aides, PSAs, for two reasons: number one, they can help at a lower compensation, and it also provides an opportunity for those people to then, in the future, become actually officers. Also, I want to add additional Code Enforcement officers and provide detention officers. Detention officers are very much needed because our police officers today, they spend a considerable amount of time at the main jail whenever they have to take somebody who they have arrested. I would like to use detention officers that are more correction type personnel for -- to do that function and deal with the wait period at the jail, and allow our police officers to be more effective and be actually on the beat, where they should be, so I think that putting all those things together will give us a greater presence on the sfreets. Commissioner Spence -Jones: Right. I just remember having discussions over the many years about the NET offices almost kind of being like mini City Hall, so you know, when you went into a NET office, you would be able to get a little bit of everything in one location. Mr. Hernandez: And that can still happen. City ofMiami Page 38 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Spence -Jones: Right -- Mr. Hernandez: Has to happen. Commissioner Spence -Jones: -- but I'm just frying to understand, you know, us wanting to spend money to actually build a kiosk now -- Mr. Hernandez: Well, the -- Commissioner Spence -Jones: -- and do we have a sense of the cost on building -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- the kiosk? Is it a lot cheaper for them to stay in a NET, or is it - -? I'm just trying to understand how we're justifying. Mr. Hernandez: Well, obviously, the Code Enforcement officers should be on the streets, no question about it -- Vice Chairman Sanchez: On the streets. Mr. Hernandez: -- andl think that Mariano will definitely agree to that. As a matter offact, because of the fire that we had at the office at 12th Avenue, south of -- near St. Peter and Paul, those individuals -- the Code Enforcement people are working, actually, from their cars, and they're actually on the field all the time, so the idea of the kiosk -- Commissioner Spence -Jones: The kiosk. Mr. Hernandez: -- is something that we're exploring right now and working with staff to try to get an idea as to the cost, you know, the size, something that would be compatible with our infrastructure; that would fit in the sidewalk; that would not be an obstruction, so I'll be coming back to you with -- Commissioner Spence -Jones: Yeah, with all -- Mr. Hernandez: -- a better idea as to cost, design, how it would fit -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- how it would work. The idea that the Commissioner mentioned reference the Performing Arts is something that the County or the Performing Arts would definitely welcome in order to provide a friendly location that people can use as a beacon. You know, there's an officer there. When they park, they see the officer. It's -- I think it will be -- it will add to the level of comfort to the people on the street. Commissioner Spence -Jones: So basically, the kiosk -- so that understand, Commissioner Sarnoff, is really just to have a person staffed in there -- Mr. Hernandez: Not necessarily all the time. Commissioner Spence -Jones: -- so that if anyone comes and they need assistance in whatever arena, they can come to that kiosk. Commissioner Sarnoff You know what it becomes, Commissioner Spence -Jones? It becomes an City ofMiami Page 39 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 issue of just thought they would need a time and a place to cool off. I thought it would be a place for them to do some reporting. I thought it would be a good place for us to know that you could have a person there. I know that the Manager wants to see them walking around more so than in the kiosk itself. I was just frying to be a fair employer and suggest that there should be an air conditioner in there; a place for them to have a little bit of respite, but essentially agree with him. They really belong up and down the street -- Commissioner Spence -Jones: Right. Commissioner Sarnoff -- patrolling an area. Vice Chairman Sanchez: Are you -- Commissioner Sarnoff Yes, sir. Vice Chairman Sanchez: -- you're done? Just to add, to be brief on this. I think we could capitalize on this, where we could even take it further than that, especially in the tourist area, such as Coconut Grove, Little Havana, Little Haiti, certain areas of our community, where we could have a PSA, and it becomes an information booth -- Commissioner Spence -Jones: I know. Vice Chairman Sanchez: -- where people go in, and you know, where can I go? And you have somebody in uniform with authority; that could support. I'm very open-minded. I think it's a great concept, but I'll tell you this. I will not support putting a Code Enforcement officer sitting in there in air condition. That guy needs to be out on the street, all right? But a PSA and having the police officers park and have a air condition place where they could catch up on their long form, short form accident reports, or their reports, it's perfectly fine, as long as people that are visiting our city in certain areas are able to see police presence and are able to approach them and get information as to information -- restaurants, you know, wherever they may want to go on a vacation, or whatever they're doing visiting our city, so that's a great concept, and I think, as a pilot program, I'm very open-minded about it, so I think we've had plenty of discussion. Mr. City Manager, you know what you need to do on this, and -- Mr. Hernandez: Thank you, sir. Vice Chairman Sanchez: -- come back to -- Mr. Hernandez: You're on target. Vice Chairman Sanchez: -- us, and we'll address the issue. D2.5 07-00587 DISCUSSION ITEM DISCUSSION CONCERNING CITY OF MIAMI RECYCLING PROGRAM TO INCLUDE ALL OWNERS AND TENANTS OF PROPERTIES LOCATED WITHIN THE CITY OF MIAMI (WHETHER RESIDENTIAL, GOVERNMENTAL, INDUSTRIAL OR COMMERCIAL). 07-00587 Cover Email.pdf DEFERRED Item D2.5 was deferred to the Commission meeting currently scheduled for May 24, 2007. Vice Chairman Sanchez: All right. D2.5. Commissioner Sarnoff Mr. Chairman, I will withdraw D2.5. City ofMiami Page 40 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 "[Later...]" Vice Chairman Sanchez: All right. Any other pocket items? You got any other pocket items you want to bring up? Jorge L. Fernandez (City Attorney): Yes. Commissioner Sarnoff Just on D2.5, Madam Clerk, I should have said -- Where's my cheat sheet? -- continue to May 24, 2007. Priscilla A. Thompson (City Clerk): Deferred to -- Vice Chairman Sanchez: Deferred. Ms. Thompson: -- May 24. Vice Chairman Sanchez: Deferred. Commissioner Sarnoff Or I could have said deferred and -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- been just as correct -- Vice Chairman Sanchez: All right. Mr. City Attorney -- Commissioner Sarnoff -- to May 24, 2007. City ofMiami Page 41 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00591 DISCUSSION ITEM DISCUSSION CONCERNING A REVIEW OF THE SUCCESSES AND FAILURES AS IT PERTAINS TO THE CITY OF MIAMI'S LEGISLATIVE AGENDA DURING THE 2007 REGULAR SESSION OF THE FLORIDA STATE LEGISLATURE. 07-00591 Cover Email.pdf 07-00591 Supplement Attachment.pdf DISCUSSED Vice Chairman Sanchez: Ron -- Commissioner Regalado: I just -- Vice Chairman Sanchez: -- go ahead. Commissioner Regalado: -- wanted to know, really, and it be quick -- the Manager did send something here, and you know, it's very nice that we got $80 million for University ofMiami, and I know you work -- it's very nice that we have urban security Miami $31 million, although it's not for the City ofMiami because the Miami is the recipient, and then we distribute that, but -- and you know, we got the Bay of Pig Museum and Library $100, 000, which, by the way, Governor Bush had veto that twice, and the CAMACOL (Latin Chamber of Commerce), and Camillus House, and all that, but my point was what was our City's position in terms of property tax reduction. Ron Book: IfI could -- Vice Chairman Sanchez: Sir, you're recognized for the record. Mr. Book: IfI could. For the record, my name is Ron Book -- Vice Chairman Sanchez: Ron. Mr. Book: -- 2999 Northeast 191 Street, Penthouse 6, Aventura, Florida, with offices at 106 East College Avenue, Tallahassee, Florida, here on behalf of the City as the City's lob -- one of the City's lobbyists. I want to just, ifI could, Mr. Chairman, take a minute or two, and then I will directly respond to Commissioner Regalado's question. I want to, on behalf of the entire lobbying team, thank the City and the City staff for giving us the opportunity to represent you in Tallahassee. You've got a good report here from the Manager on general issues that passed, including appropriations issues. I don't think there's a city in Miami -Dade County, and I think you'd be hard-pressed to find a city anywhere in Florida, that had a better legislative session from a budget perspective than the City ofMiami did, and I know you want to talk about taxes, and I will, in just a moment, but I want to take a minute. First of all, on the human genome project, which was the $80 million which the City was a direct supporter and participant in, I don't think $80 million does justice to the potential impacts that that project will have on the City ofMiami Page 42 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 City, the residents of the City now, and into the future. The potential impacts of locating the human genome project in the boundaries of the City ofMiami and in Miami -Dade County have potential hundreds and hundreds and hundreds of millions of dollars of impact and true economic development to the community, so I want to, on behalf of all of the community, thank the City for its support on the genome project. That's a big deal, and we don't have to talk about the homeland security stuff but what do think is appropriate is that you look at the water projects that you got, which was a million dollars for the Kinloch project; $400, 000 for the Flagami/West End storm sewers; another 250 for the Fairlawn storm sewers. Those are big -deal pieces, and in addition to that, in the closing days of the conference committee, when you had been zeroed out on the Watson Island transportation improvements, as well as the heliport, a million and a half dollars more were put in for those two projects. You're probably the only boundless playground project that got funded in the entire State budget, at 250,000 on the outside of the -- for that program, so you did get a lot, and then on top of that, you got the dredge money, which was a big deal, and that money was hovering down in the two and a half, three million dollar range, and you ended up with almost $5.8 million in total, but let's talk just a minute, ifI could, about those tax questions that Commissioner Regalado has raised. I can't go to a supermarket. I can't drive my car without somebody stopping me and wanting to talk about where we are on property taxes. Everybody wants to know, and frankly, Commissioner, ifI were the City Manager, I would be preparing two budgets today. I would be preparing a budget that has a ten percent reduction in ad valorem revenue over last year's ad valorem dollars, and I would be preparing a second overlay to that with a 15 percent reduction, and I think you're pretty well covered option wise as to what's going to happen. We're going to go to special session on June 12. The Legislature, yesterday, jointly -- not through the Governor, but jointly between the two leaders of the Legislature -- called the session for June 12, and then promptly set May 21 as a hearing date about -- for a joint committee between the House and the Senate so that the House isn't convening one meeting and the Senate convening another, but they do it jointly now so that we avoid the conference process as we get towards the end of the June 12 to June 22 special session. In addition to that, they set a second set of hearings for June 4 in anticipation of the startup of the session on the 12th. You should know that Mayor Diaz spent the last week of the legislative session in Tallahassee. Unlike a lot of mayors, and unlike a lot of cities, instead of continuing to whine about the impacts of the property tax reform movement, instead of continuing to complain about how many people we're going to have to layoff as a municipality, instead of talking about how many parks we're going to have to close and how many fewer police cars are going to be on the streets, we approached it differently, and what the Mayor did, with some help from your staff was to put some proposals in front of the Governor and in front of the Governor's staff to begin to look at as alternatives because if you're in denial, if you live in the process and you put your head in the ground like an ostrich thinking that tax reform is not going to happen, you will be back here on June 22, or July 1, or July 15, or August 10, and you'll be saying, oh, my, what do I do now? Because it's coming. It's playing in a theater near you now today. It is going to happen. It's just a question of what the number is and how do they implement it. Are we on an '03/'04 rollback? Are we on an '04/05 rollback? Is there a better way to get there with some type of CPI (Consumer Price Index) rate -- roll forward? Is there some kind of override that we find acceptable? The fact of the matter is, Commissioner, being proactive in the debate is critical. Being proactive in the discussion is critical, and to this day in time, you have not seen the Florida League of Cities, or the Florida Association of Counties, or the Florida Association of Independent Districts, or any of the other bodies that are involved in this issue Truly putting forward ideas and suggestions. You know, Commissioner, ifI come to your office to lobby you on a project, or against an ordinance, or for an ordinance, you might say to me, that's a good project. You might say to me, that's a bad project, but here's how you could make it better, and ifI were coming in to talk to you about an ordinance that you were proposing, I might not like the ordinance, but I'm not going to come in and tell you, gee, that's a piece of trash. I'm going to come in, and I'm going to say to you, you know what, Commissioner? You've got a good point. You're approaching it smartly. Here are some things that could -- we could advance forward to help support it. Here's a way at which we get on board, and what's been missing in the debate for the last 115 days is that people have not City ofMiami Page 43 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 come to the table with a lot of new ideas. They're telling everybody what a horrible idea it is and how they don't know in Tallahassee how to run City government and County government, instead of advancing new proposals, so in the spirit of that, the Mayor did that during the last week of the session, and it had an impact. It had an impact, I can tell you, on the Governor because I met with the Governor personally, face-to-face, twice after the meeting that the Mayor had with him and Linda Haskins had with him, and I can tell you that he has his people not only writing it, but crunching the numbers on it. They're doing that as we speak. I can tell you it had an impact because I met with Senate members after they met with Senators. They did not get as much traction in the House as they would have liked, but the Mayor is meeting with the House leadership this week as well. Yesterday, a conference call was convened, I believe at the urging and initiation of the City ofMiami and the Mayor, and it was a conference call of other mayors to begin to lay out for them these other ideas and to solicit from them other ideas on how to approach tax reform. Again, if we want to be ostriches and put our heads in the ground and think it's going to go away, it is not. We need to stand tall, and we need to advance ideas and suggestions on how to better implement something that we know, Mr. Manager, is somewhere in the 10 to 15 percent range; might it be 17, might it be 13, I don't know, but ifI were planning to have a budget to advance in responsible fashion to respond to what you believe is the subject of the day, of the week, of the month, of the decade, and of the century, in this state, it would be to advance a proposal that has these cuts in realistic form so that nobody, when you start your budget hearings or after the Legislature finishes its job, can say, gee whiz, I'm surprised they're going to be pink slips. Gee whiz, I'm surprised I'm not going to be able to open a park. The fact is it's happening, and it's happening soon. There are other ways to approach it. We've put a bunch of ideas on the table. I'm just giving you sort of a superficial review that we're not sitting by idly, Commissioner. We are out there, and we are focused. I will add one last thing. Anybody who thinks a special session was good for local governments has fooled themselves as well. The worst thing that happened to us was not getting this issue done in the regular session of the Legislature. The bar goes up, and the longer they go, the bar goes up, and if they do not finish somewhere between June 12 and June 22, be assured of one other thing. As sure as I'm standing in front of you, the bar will go up again. The more pressure there is from the people in this audience and the people that are watching you on television, and the people that are out in the communities, the more they have time to build pressure on the members of the Legislature, the bar goes up further, and your job of how you put a budget together in August, September, and October --August, September, becomes that much more difficult. Commissioner Regalado: IfI -- Mr. Book: Thank you, Mr. Chair. Commissioner Regalado: -- may. Vice Chairman Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: The -- thank you, Mr. Chairman. Mr. Book, what you have said is what have been saying to the Manager and Larry for many -- it is coming. There is no way to avoid, and my question was -- and by the way, the Kinloch storm, the Flagami storm, and the Fairlawn storm projects, I'm happy to say that all of them, all of them are in District 4, represented by the Speaker of the House, Marco Rubio, who represents 45 percent of District 4, all the Flagami area. Marco Rubio has done an extraordinary work in bringing money to Miami -Dade County, and he delivered to his district. The reason I ask that question, it was very, very simple because I been dog for the fact that this Commission approve the League of Cities proposal, legislative agenda, which was calling for a neutral scenario. Like you said, the County Commissioner from Hillsborough, the lady that has been leading the charge against property reform, all of the governments were there to lobby against anything, and you know -- and I spoke to the Governor and the Speaker when we went there with the people from Miami in the buses, and I realized -- and I know, as a journalist, I don't talk to senators and City ofMiami Page 44 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 representatives as a Commissioners [sic], but they talk to me as a journalist, and I know that it was coming. I know what is coming. I agree with you that we have to prepare for a deep cut. It's going to happen. It is about their agenda. It's the Governor's dropping like a rock thing. I was there next to him when he said it's going to drop like a rock in the state capitol, so I just wanted to understand what we were doing because if what we're doing, the legislative agenda of the League of Cities -- I mean, that is -- I believe it's falling on deaf ears in the Legislature. Thank you. Mr. Book: IfI could respond for half a second. That is exactly the problem because if all you do is tell somebody their ideas are bad, if all you do is tell somebody they're ignorant, they don't understand how to run a local government, they're going to ignore you in the scheme of things, so the better way is to be proactive and put some ideas forward, and I think that's what we're doing, Commissioner, and I -- all I can say to you is that I am hopeful that everybody in the League, and everybody at the Florida Association of Counties has figured out -- we're down to the last three miles of a marathon. Now is the time to take a 30-second break, tighten up your shoelaces, grab the cup of Gatorade, and get on with the balance of the race because the race is on, and here's where we're at, and we're at the bottom of it, and we've just got -- we've got to put forward the best of what we've got, and I want to just take one more second. For those of you who don't know Kelly Mallette from my firm, you know, she helps to carry a substantial amount of the load for the City ofMiami and for a lot of my clients. I just want to take a chan -- moment to recognize her behind me, as well, and please don't forget there are a number of other lobbyists that represent the City that did a great job this session. The folks from Akerman Senterfitt Mike Abrams and Monica Rodriguez, Sean Pittman, from the Pittman Law Group, and Mike Corcoran, from the Corcoran Group, all did a very good job on behalf of the City, and I just want to take a moment to recognize them for their efforts on behalf of the City as well. Vice Chairman Sanchez: Thank you, Mr. Book. Mr. Book: Thank you, Mr. Chairman. Vice Chairman Sanchez: Commissioner Spence Jones. Commissioner Spence -Jones: Yes, Mr. Book. I just have -- just two questions. The first one -- thanks for also preparing this information, Mr. City Manager. It definitely gives us a better outlook as to what is actually happening or has happened during the session. Can you let me know, Mr. Book, what type of impact so far will the development authorities and the CRAs (Community Redevelopment Agencies) -- because I don't really see any --? Mr. Book: Well, let me start out by saying, you know, CRAs and special disfricts in general have been under significant attack at different points in time over the last 90 to 100 days. Children's services councils, hospital districts, independent districts, and dependent disfricts have all gotten beat up. At the present time in the plan that the Mayor is advancing, and hopefully, beginning to pull some people together, it provides some level of insulation for CRAs. Nobody should think that CRAs are going to necessarily be free in this equation. A lot of that language is yet to be written as to what it's going to look like. We are not insensitive to the problems that could occur if there are impacts on CRAs. I can just tell you that we just don't know that answer today, and I would be remiss ifI did not also suggest to you that all of you, when you see Ignacio Ortiz -Petit, that you thank him for the leadership that he provides -- Commissioner Spence -Jones: Iggy. Mr. Book: -- because without Iggy, who drives your lobbying team, we would not be half as successful as we've been on your behalf and ifI could, Mr. Chairman, to respond to something that Commissioner Spence -Jones didn't ask, but in anticipation of the question on affordable housing, there was a meaningful piece of legislation that passed. It's going to provide City ofMiami Page 45 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 substantial additional dollars to local governments in (UNINTELLIGIBLE) and other programs. It's a big -deal piece of legislation, and you might want to take a look at it. Iggy has, through the Manager, given you a pretty good short synopsis of what's in the affordable housing bill, as well. Commissioner Spence -Jones: I'm almost finished, Mr. Chairman. I know you're trying to move it. Is there anything that we can do -- we all represent, you know, various constituents -- from where we sit to assist with -- help pushing the agenda of what you're frying to do? I believe Commissioner Regalado, at one time, mentioned even in one of the meetings that, you know, if there was something we can do to fry to get our constituents involved in sending, you know, information or trying to help get the word out. Is there anything that we can do from where we sit? Mr. Book: I would suggest -- Mr. Chairman, ifI could, through you -- Vice Chairman Sanchez: Go ahead. Mr. Book: You know, the problem is it's a double-edged sword, from a political perspective as well as an operational perspective, and you run the risk of your constituents basically turning on you if your message is one of a smaller tax cut as opposed to a larger tax cut. That's just the honest answer to your question. You just run some risk on that; that's first of all. Second of all, I think these guys and gals have heard a lot in town hall meetings around the state, and I think you're going to see some more town hall meetings in the coming two weeks. I don't know that doing that necessarily helps -- Commissioner Spence -Jones: Helps -- Mr. Book: -- the equation. Commissioner Spence -Jones: -- OK. Mr. Book: I think what we need to do is get these mayors and managers to come up with something we can stomach and live with, understanding tax reform is coming. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. Thank you. Reminds me -- Mr. Book: Thank you. Vice Chairman Sanchez: -- of a famous quote: Bureaucracy is the cost of society. Thank you. Mr. Book: Thank you. D4.2 07-00592 DISCUSSION ITEM DISCUSSION CONCERNING THE OVERSIGHT OF CITY CONTRACTORS WHO DO NOT COMPLETE WORK ORDERS IN A TIMELY FASHION. 07-00592 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: (INAUDIBLE) as we start the second half of our meeting. Let's go ahead and -- we could -- why don't we go ahead and finish the blue pages. We still have Commissioner Tomas Regalado's two items, and then we'll go to Commissioner Spence -Jones, and then we could go to the public hearings, so let's go ahead and take up D4.2. We do have the City Attorney present, and Commissioner Regalado, you're recognized for the City contractors not completing work orders in a timely fashion. City ofMiami Page 46 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: Thank you very much, Mr. Chairman. The other day, I met the new CIP (Capital Improvement Projects) director, and the first ten minutes of our conversation was about a portable toilet, and it was very, very interesting because -- I know it's aggravating, but this portable toilet symbolizes the problem that we're facing here. I'm sure that all of you are; I know I am. There was a fraffic circle that was built on 24th Avenue and 12 Street in southwest, in the Shenandoah area, and the fraffic circle was built, the landscaping is not done, but it was completed, but a portable toilet was left in front of a resident's house. Of course, we sent an e-mail (electronic), a memo, you know. We -- residents are complaining, but at the end of three or four weeks, it still was there. We kept asking, and the residents kept saying, look, it's really bad because it's been there, so it was there for about a month and a half. Somebody forgot, and so the first day that the Manager sent the new CIP director, we discuss about that, and finally, they sort of got in touch with the confractor, and two days after that, the toilet was gone. This is just an example of the problems that, at least, we're having in our disfrict, and they forgot barricades or they have unfinish work. Just yesterday the Manager was able to see, firsthand, the situation facing one resident -- actually, several resident with the flooding, and the unfinish work. The problem, the way I see it, is that we need people to supervise the supervisors, or the consultants, because on 62nd Avenue, that was a huge project. Actually, the biggest project in the disfrict, from Southwest 8 to Tamiami Canal Road, and it was a drainage problem. We had some difficult -- a truck knock down an electric pole and took the electricity from several homes for several days. Then there was people that were sort of prisoners in their homes because they couldn't get out because they dig around the whole home, and then there is the unfinish work, and we go and ask some of the contractors, and say, well we have to leave and come back because we are not able to get inspections from the City and finalize those inspection, and to me, everyone is looking bad, the confractor, the Administration, the elected officials, and what we are frying to showcase as something that we're trying to do, it turns the dream into a nightmare for the residents for many, many days, unnecessary delays, so I just want to say, I know that the Manager has brought a new team from CIP, so I guess that we'll be looking at it, but, you know, you work -- you took a tremendous responsibility in the County as Public Works director. It's a huge -- I know that, you know, 50 percent of the complaints from our office have to do with Public Works and CIP, so I understand the -- it's overwhelming, the number of cases that Public Works has, but what I don't understand is why contractors leave a place for weeks and weeks, and have the barricades and the rocks and consfruction materials, and they don't come back? Is it because they got another job and they went and do it? So I just wanted to fry to understand, Mr. Manager, the situation we're in today, and I know that you can speak to this very well, because I know -- and I clearly, clearly remember meeting several years ago with first Commissioner Barreiro and then Rebecca, that whenever they were discussing something that pertain to both district, they always said, let's call Pete Hernandez, and they got you on the phone and -- because they knew that you solve the problem, so that is the problem. The problem -- and you know, as an elected official, I can live with it for one reason. I can always say, well, you know, it is the Administration, but it looks really bad. Pedro G. Hernandez (City Manager): Commissioner -- Vice Chairman Sanchez: All right. Mr. Hernandez: -- I know that we have right here next to me the new director of CIP. I know he's very -- also concerned about those issues. He and I will talk, and we'll fry to do what we can on our side to prevent those, let's say, unacceptable happenings of not having the proper follow-up by the contractors or the proper oversight on consfruction inspectors. Vice Chairman Sanchez: All right. Be -- Commissioner Regalado: OK. City ofMiami Page 47 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Before we go to the next item, Mr. City Manager, you know, when I have a problem, I contact your office. We've set up a meeting with the department heads. We're able to iron out 95 percent of the issues. Why is that not happening with Commissioner Regalado's office? Commissioner Regalado: Because you're lucky. Vice Chairman Sanchez: Because I'm what? Commissioner Regalado: Lucky. Vice Chairman Sanchez: I mean -- a toilet in front of a circle. If just called the NET (Neighborhood Enhancement Team), it'll be picked up in two -- in an hour, or I would send one of my staff to go out and pick that toilet up. Commissioner Regalado: I can't. How about if it tilted? Vice Chairman Sanchez: Well, let's go on to the next item. D4.3, shopping cart -- Commissioner Regalado: No, but I mean -- Vice Chairman Sanchez: -- retrieval. Commissioner Regalado: -- what you say is true. I mean, I'm glad for you, but -- Mr. Hernandez: Commissioners, honestly, I and my staff will respond to every one of you in an equal way. We want to be as responsive as we can to every one of your needs. Commissioner Regalado: Well, anyway. D4.3 07-00595 DISCUSSION ITEM DISCUSSION CONCERNING A REVIEW OF THE CURRENT LEGISLATION DESIGNED TO ADDRESS THE RETRIEVAL OF SHOPPING CARTS WITHIN THE CITY OF MIAMI. 07-00595 Cover Email.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, directing the City Attorney and City Manager to create a proposed ordinance regarding the retrieval of shopping carts within the City ofMiami, and to bring this item back to the City Commission for its consideration within 30 days. Commissioner Regalado: The other item is -- Vice Chairman Sanchez: D4.3, shopping carts retrieval. Commissioner Regalado: OK. Vice Chairman Sanchez: Commissioner Regalado, you're recognized for that. Commissioner Regalado: Thank you very much, Mr. Chairman. This is something that it's a very important issue for most of the areas that we represent, and these are the shopping carts that are out there on the streets. Actually, I do have some pictures again on 30th Avenue City ofMiami Page 48 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Southwest and 10th Street. On one block, we have five shopping carts. If you go by on my street, on 20th Sfreet, you will see three shopping carts. On 1997, we had a discussion here, and we directed the Administration to start picking up, through the NET (Neighborhood Enhancement Team) -- at that time, NET and Code Enforcement were the same. They would, in those little pickup, pick up the shopping carts out there in the sfreet, take it to Solid Waste, and then -- because all the carts have IDs (Identifications), you know, like Home Depot or CVS (Consumer Value Stores) or Publix or Winn -Dixie. They will call, and the people would go and retrieve the carts and pay a storage fee of $5. That -- according to Mario Soldevilla, that's the historical memory that he has, and he wasn't there at that time, butt have all the minutes and all that here. Now, the City Attorney says that we cannot charge. The Florida Statutes prohibits a municipality from assessing fees or fine to owners of shopping carts in order to recover them from storage. It prohibits fine unless it is prove that the shopping carts was left on the public right-of-way by the owner or an agent of the store. However, none of the owners or agent use the shopping carts out of the -- these are clients that walk from Publix to Southwest 20th Sfreet or from Home Depot to Southwest 13th Sfreet. They use the shopping cart and leave them there, so there is no way that we can impose a fine knowing that the owner of the store was the one that left the shopping cart on the public right-of-way, but there are -- they are a problem. Actually, last Saturday, there was an accident because of a shopping cart, on 24th Avenue and 21 st Sfreet. Shopping cart apparently just roll on the sfreet, a car fried to avoid hitting the shopping cart, and boom, it hit another car, almost went into a house. That is a problem, although the main problem is an eyesore. If you go about -- go by now on the sfeetl live, you'll see two shopping carts; one from Publix and another from Office Depot, so -- I'm sorry, Office Depot and CVS, so the City Attorney is offering to do an ordinance mirroring the one in the County, which places more burden on the owners, but don't know, Madam City Attorney, if that is enough to deal with this issue. Vice Chairman Sanchez: Madam Attorney, and then Commissioner Sarnoff followed by Commissioner Spence -Jones. Julie O. Bru (Deputy City Attorney): Yes. What we were suggesting is, the Miami -Dade County has in place an ordinance that requires the owners of the shopping carts, the establishment, to affix to the carts the identification and also a warning that warns anybody who removes the shopping cart from the premises that it is a misdemeanor to do so, so it's an attempt to inhibit the actions of people who would be removing the carts from the retail stores. Vice Chairman Sanchez: Commissioner -- Commissioner Regalado: That's it? Vice Chairman Sanchez: -- Sarnoff. Commissioner Sarnoff Just a point of privilege that I'd like to use after this item, if possible, so I'm not speaking on this item. Vice Chairman Sanchez: OK. Commissioner Spence -Jones. Commissioner Spence -Jones: I just wanted to just bring -- add onto Commissioner Regalado's issue. I think that our districts also reflect from that perspective, and probably in your area also, and where a lot of seniors and families that have to -- that can't -- may not have cars or whatever the case may be, use the plastic bags and those -- and the carts to push them all the way home, but as a matter of fact, I have a meeting with Winn -Dixie today regarding the issues of the shopping carts being, you know, all over the place in my district, in the area of Liberty City, and one of the things that I've asked for them to look at doing -- and I don't know if the City Attorney can add onto this -- is very similar to how the new Midtown shop -- I know it's an expensive proposition, but don't know if there's any way, Ms. City Attorney, that something like this could City ofMiami Page 49 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 be added, but for instance, the -- in the Target new shopping plaza, for those that have not gone to it already, they have a mechanism in place that you can't take the cart off the grounds for a certain distance, so my question becomes really for the City Attorney, because I don't know if there's any other way that we're going to be able to deal with picking up these carts and making sure they get delivered and -- you know, that's like a major undertaking, and quite frankly, the grocery store is saying that they're losing so much money with these carts that -- apparently, the shopping carts are very expensive when you're having to buy so many of them over and over again throughout the year, but maybe it might be better for them to look at putting some sort of system in place, similar to the one like at Target, to prevent that. Is there anything that we can put in place, Ms. City Attorney, to require that these stores add a mechanism like this in place? Ms. Bru: Yes. The regulatory scheme that the County already has in place does one of two things. It either imposes a requirement on the owners, the retail establishment owners of shopping carts to either put the warning and the identification on the carts, or if they want to be exempt from that requirement, they can construct a retention system, some sort of barrier that retains the carts within their area, and then they're exempt from having to label them and put the warning on them, so it's -- Commissioner Spence -Jones: Is -- Ms. Bru: -- one or the other. Commissioner Spence -Jones: -- there any way, from where we sit, that we could --? Ms. Bru: We could adopt the same kind of regulatory scheme. Commissioner Spence -Jones: Commissioner Regalado, would you be OK with that? That would, at least, you know, prevent having to have manpower come out and pick up -- Commissioner Regalado: You know, anything that could help. I mean, if we are able to get one out of three, that's much better than three, you know -- so I'm just saying, I don't understand why we cannot charge for storage. Vice Chairman Sanchez: Well -- Ms. Bru: Commissioner, that's been preempted by the State. The State Statute says no fine shall be imposed, unless it is proven that it was the owner of the shopping carts who left it in the public right-of-way. Commissioner Regalado: And I understand that, although I don't understand why, then, towing companies can charge for storage. Ms. Bru: It's regulating a whole different industry. Commissioner Regalado: I understand that, but what I'm saying is that the second best option is? Ms. Bru: The options are what is already available in Unincorporated Dade: The warning -- the labeling so that we know to whom the shopping carts need to be returned and call them up so they can pick them up, or the retention system, imposing a requirement of a retention system. Commissioner Regalado: Yeah, I heard you, but who's going to call them up? Ms. Bru: It's -- you know, the Legislature, in its infinite wisdom -- City ofMiami Page 50 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: No, no, but -- Ms. Bru: -- decided that that's the -- Commissioner Regalado: -- should I -- Ms. Bru: -- responsibility of whoever recovers it, if it's recovered -- Commissioner Regalado: -- or should I -- Ms. Bru: -- in the public right-of-way. Commissioner Spence -Jones: Can --? Commissioner Regalado: -- should I, as a resident, call them or should the Police call them? Commissioner Spence -Jones: Or Code Enforcement? Ms. Bru: It should be whomever finds the shopping cart. The statute speaks to shopping carts that are abandoned in the public right-of-way, so if it's the public right-of-way, the City has a duty to clear the public right-of-way of obstructions. Commissioner Spence -Jones: Which department would handle that? Would it be Code Enforcement? Ms. Bru: That's a question for the Manager. Vice Chairman Sanchez: All right. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. Right here on the County ordinance says that any employee of the County will call a department, which is, in this case, Solid Waste, to go and pick it up the cart. Commissioner Regalado: OK. Mr. Loret de Mola: It's right here on the County ordinance. Commissioner Regalado: See. Commissioner Spence -Jones: Did you hear that? Mr. Loret de Mola: Any City -- any County employee will call the Solid Waste Department for them to go and pick it up the cart. That's the way the County ordinance read. Commissioner Spence -Jones: So in other words, if we enact our own -- because I was going to ask you to come back, Madam City Attorney, to bring back a -- an ordinance -- would it be an ordinance? Ms. Bru: It would be -- Commissioner Spence -Jones: So -- Ms. Bru: -- an ordinance, yes. Commissioner Spence -Jones: OK, and maybe we might need to tweak it a little bit because some City ofMiami Page 51 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 -- maybe some of the things that the County's doing may not, you know, be the best for us, but maybe, perhaps, you could bring that back. Ms. Bru: Right. The operational aspect of it as to whom within the City would be responsible, that's at the -- Mr. Loret de Mola: Right. Ms. Bru: -- discretion of the Manager. That's not something that -- Mr. Loret de Mola: Right. Ms. Bru: -- we need to necessarily follow strictly -- Mr. Loret de Mola: That's correct. Ms. Brue: -- the letter of the County ordinance. Mr. Loret de Mola: That's the way the County does it, but we can do something else, if -- Commissioner Spence -Jones: So -- Mr. Loret de Mola: -- the Manager decided. Commissioner Spence -Jones: -- Mr. Chairman, can we -- can you -- would you be comfortable with that, Commissioner Regalado, for them to bring something back? Commissioner Regalado: But every time that I hear something, I have another question, and then what do they do with the shopping carts in Solid Waste? Mr. Loret de Mola: It's not on the County. It's not. Commissioner Spence -Jones: Well, hopefully -- Commissioner Regalado: So what do they do? Commissioner Spence -Jones: -- Ms. City -- Ms. Bru: Well -- Commissioner Spence -Jones: -- can staff -- can you guys work through those issues? Ms. Bru: Yeah. There's already a statute in place that deals with lost or abandoned property, and if it's -- if it hasn't -- if it has no identification on it and it's lost or -- Commissioner Regalado: No, no. What -- Ms. Bru: -- abandoned -- Commissioner Regalado: -- do they do if they have a ID? Mario Soldevilla: Mario Soldevilla, director of Solid Waste. There are two options. One is if the solid -- if the carts are marked with -- so that we recognize whose property it belongs, then we call them, and they have to come and pick it up. What has been -- what we've been doing traditionally is is that NET had really been picking up the carts and taking them to the various City ofMiami Page 52 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 different locations. The other option is if there are no identifiable markings, then we can dispose of them, and we have done that, too. Commissioner Regalado: OK. Vice Chairman Sanchez: All right. "[Later...]" Commissioner Spence -Jones: I just wonder, did we fin -- close out -- Vice Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa. Commissioner Spence -Jones: -- on the shopping cart thing? Vice Chairman Sanchez: What -- was this on -- Commissioner Spence -Jones: I just want to make -- Vice Chairman Sanchez: -- the agenda? Commissioner Sarnoff No. No. I asked for a point of privilege. Commissioner Spence -Jones: OK, butt just think -- did we -- were we -- did we close out on Commissioner Regalado's item? I just want to be clear. Does staff -- Commissioner Sarnoff Oh, I just said it had nothing to do with it. Yeah. Commissioner Regalado: No. Yeah, we're done with that. Vice Chairman Sanchez: Hey, listen -- Commissioner Regalado: We're done with that. Commissioner Spence -Jones: Yeah, but -- Commissioner Regalado: They're going to come back with -- Commissioner Spence -Jones: -- I'm asking -- so did I get a yes from the City Attorney that they will come back? Because I wanted a date in which to know when we were going to come back on the issue of the shopping carts. I, at least, wanted to wrap that up, and that did not happen, because it's an issue in my district, so that's the reason why I'm asking to make sure we come back with an answer on that. I never got a response back from the City Attorney, and I'd like to get a date in which we can do that. Jorge L. Fernandez (City Attorney): Well, the instruction should be to the City Manager and the City Attorney to work together to bring to you a proposed ordinance that you would take a look at, and then upon taking a look at it, then you can direct us to advertise it, put it through for public hearing, and that should -- a whole lot of the research, like Commissioner Regalado had said, has already been done. We know the statutory -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- provisions. We know what the County does. We've been dealing with this issue now for a number of years, so I would think that within 30 days, we should have to you a City ofMiami Page 53 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 proposed ordinance for you to consider authorizing us to advertise it and place it on the agenda for the two readings that are necessary. Commissioner Spence -Jones: So in June, we can look forward to seeing -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- the ordinance on -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- that issue -- Mr. Fernandez: You certainly can. Commissioner Spence -Jones: -- and if you can, there's a couple of things that I'd like to maybe, perhaps, or my staff -- Mr. Fernandez: We will be -- Commissioner Spence -Jones: -- would like to share with you regarding that ordinance, because it is a issue in my district, and there are some creative things that I think can work that -- Mr. Fernandez: I'm -- Commissioner Spence -Jones: -- are working in other cities. Mr. Fernandez: -- sure the City Manager would ask its NET office and its Code Enforcement and Solid Waste to work with us in developing all the standards and all the issues because we would need to get direction from the City Manager on how he wants to manage this program; that it's, in essence, a program that's being created by this ordinance. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: All right. Mr. Fernandez: Yes. Commissioner Spence -Jones: I wasn't trying to interrupt. I just wanted to be very clear on this. Vice Chairman Sanchez: We -- can I get control of this agenda, please? Can I just get control of this agenda? We still need a motion and a second for -- Commissioner Spence -Jones: This item. Vice Chairman Sanchez: -- the -- of this item. There isn't a motion. There isn't a second. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Regalado: Second. Commissioner Sarnoff Sec -- City ofMiami Page 54 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Second by Commissioner Regalado. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: No further discussion; we've had plenty of it. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay. "Motion carries. D4.4 07-00596 DISCUSSION ITEM DISCUSSION CONCERNING THE LACK OF COMPLIANCE AS IT PERTAINS TO THE CITY OF MIAMI'S REQUIREMENTS AND THE CATALONIA CONDOMINIUM ON SOUTHWEST 27TH AVENUE. 07-00596 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: So, Commissioner Regalado, which item on your blue pages would you like to take up now? Commissioner Regalado: Thank you very much, Mr. Chairman, and I think it was a good discussion. We move on now to another condominium, the Catalonia. Vice Chairman Sanchez: What item is that, please? Commissioner Regalado: That is D4.4. Commissioner Spence -Jones: You're not doing the other -- Commissioner Regalado, you're not doing the other items? Vice Chairman Sanchez: All right. Listen, we'll go ahead with your items. We got to get the public hearings done. Commissioner Regalado: Right. Vice Chairman Sanchez: We have the translator. It was properly advertised at -- Commissioner Regalado: And I'll be -- Vice Chairman Sanchez: --10:30. Commissioner Regalado: -- quick. Vice Chairman Sanchez: You'll be quick on this. Commissioner Regalado: The Catalonia -- well, I'm doing this backwards. Vice Chairman Sanchez: OK. Commissioner Spence -Jones: So you going back up? Commissioner Regalado: Yes -- City ofMiami Page 55 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Spence -Jones: OK. Commissioner Regalado: -- like the thing we did with the Loft. Commissioner Spence -Jones: OK. Commissioner Regalado: Well, you know, the Catalonia has been a problem for the residents, and you know, it's there. It's nothing we can do about it. We have a moratorium; didn't work, and the fact of the matter is that we also make mistakes. The City made the mistake of issuing the Certificates of Occupancy for people to move in without some of the issues had been resolved. Later on, we went with the president of the Silver BluffAssociation and residents, and Orlando Toledo and his deputy, and the developer was there; I was there, and there were some issues, minor, mind you, and there were promises made, and the issues are really things that are no-brainer, in terms of safety for the residents, and the people get frustrated because the people were promised something. I promised something; the City promised something, and nothing was done, so it been -- it have been, I think, seven weeks since we were there, and nothing has happened. Maybe Toledo -- Orlando can tell us what is really hoping that we can achieve. Orlando Toledo: Senior Director Orlando Toledo, Building, Planning, and Zoning. I met with the developer and the architect on Tuesday again. They have promised that they will do what they promised that day that we were out there, Commissioner. I gave them another three weeks. I'm hoping that it will get done. As you know, it's something, as you said, relatively simple. It's a matter of putting a fence around the backflow preventer and adding some extra exhaust fans on the mechanical room, and they promised that they will do it. The architect this time was also there, and he said he will be bringing the plans into the Building Department for approval. Commissioner Regalado: OK. Here we go with some legal thing. If they don't comply, can we bar this developer and the architects for doing work in the City ofMiami? Jorge L. Fernandez (City Attorney): I -- Commissioner Regalado: I mean, they lie. Mr. Fernandez: -- would like to take that under advisement and check. We do have a debarment policy, but that's, I think, mostly in the area of procurement. I don't know that we can penalize in that fashion a developer that fails to meet a condition of -- Commissioner Regalado: So what do we do? We reward him? Mr. Fernandez: I don't know. I need to know because I'm not privy to the conditions that Orlando has put on the record. I don't know that -- did we draft them? Have you put them in writing? What conditions are attached? Commissioner Regalado: No. Mr. Fernandez: I would need to know much more of the conditions and the extension of three weeks. I need to know more about this meeting that you all attended several weeks ago that we weren't there, so I need to know the facts before I'm able to give you an opinion as to what penalties can be imposed on this developer. Mr. Toledo: These conditions are not something that is required by the Building Department. It is conditions that they're proffering all on their own. Mr. Fernandez: No, and so then it's -- just knowing that much, I can tell you, no, you can't. City ofMiami Page 56 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: OK, so let me ask you this. What would it take? Do I need a permit? Do I need a -- what is it, a Class II, to place, paid by me, on the City's right-of-way in front of the building a sign that says that that developer has not comply with the promises to the resident. Mr. Toledo: You need a Class I. Commissioner Regalado: A Class I. Well, how do Igo about in doing --? Mr. Toledo: You go to the fourth floor at the MRC (Miami Riverside Center); it's about $150, and you could have it there for two weeks. Commissioner Regalado: I could have it there for two weeks. Do I need to make a line or --? Mr. Toledo: No, you don't. Commissioner Regalado: Well, you know what -- Vice Chairman Sanchez: Listen -- Commissioner Regalado: -- let me tell you, it seems that the weak link in this City is the little people. Little people always get screw. That's the bottom line, and you know, the residents met in good faith, you know that, so what I'm -- do you suggest that we wait another week maybe because you spoke with the architect and he said he was going to do it. Mr. Toledo: I suggest you give them the three weeks because the fact that they need to come back to the Building Department and obtain those permits are going to take a couple days. It's not something that you could do in a day. Commissioner Regalado: But do remember that hurricane season -- Mr. Toledo: I know, I know. Vice Chairman Sanchez: Listen -- Commissioner Regalado: -- and the main point of -- Mr. Toledo: Is -- Commissioner Regalado: -- the resident is hurricane -- Mr. Toledo: -- the exhaust. Commissioner Regalado: -- season -- Mr. Toledo: I know. Commissioner Regalado: -- and that -- Mr. Toledo: I know, I know. Commissioner Regalado: -- thing over there. Mr. Toledo: I know. Commissioner Regalado: OK. City ofMiami Page 57 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Toledo: OK. Vice Chairman Sanchez: Before we go on to the next item, with all due respect, Commissioner Regalado, these are some issues that could be addressed administratively. I mean, you could sit down with the Administration and iron these things out because, I mean, the translator has to leave at 12:30. Madam Clerk -- Priscilla A. Thompson (City Clerk): Yes. Vice Chairman Sanchez: -- does he have to leave at 12:30? Ms. Thompson: That's correct. Vice Chairman Sanchez: Ron Book, are you here? How -- you want to take up Ron Book's item, which will be very brief the report -- Commissioner Regalado: No. Let's -- Vice Chairman Sanchez: -- or is that going to take another hour? Commissioner Regalado: -- do the Community Development item. Vice Chairman Sanchez: All right. Commissioner Regalado: I mean -- Vice Chairman Sanchez: Ron, how long is your report going to take? Commissioner Regalado: -- or you -- Vice Chairman Sanchez: Five minutes? Commissioner Regalado: -- tell me how much time I have. Vice Chairman Sanchez: Well, we could get -- we could take care of the legislative report, which will be five minutes, then we could go ahead and try to finish the public hearing items, then we'll go back to your items 'till 12:30, and then we'll come back at 2:30 because I got to get control of this agenda or else we'll never be done, so -- Commissioner Regalado: Well -- Vice Chairman Sanchez: -- Ron, come on up. Commissioner Regalado: -- with all due respectl have for the Chairman, and I understand that you need to control the agenda and there is time constraints and time limits, but you see, the only forum that I, as an elected official, have is the City Commission. You just said that we should discuss this issue of the Catalonia with the Administration; we have. We have, and it hasn't got any result, so either I should resign and say, you know -- or fry to do what is right for the people that represent, and that is -- that's the two options that have. I don't have any other options. Thank you. D4.5 07-00623 DISCUSSION ITEM DISCUSSION CONCERNING AFFORDABLE HOUSING UNITS IN A DOWNTOWN BUILDING AND A POSSIBLE REQUEST TO RETURN THE City ofMiami Page 58 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 CITY OF MIAMI'S MONEY. 07-00623 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: Let's move on. Commissioner Regalado, you're recognized for your items, and then -- Commissioner Regalado: Thank you. Vice Chairman Sanchez: -- what I suggest, Commissioner Spence -Jones, if we could, after his items, take up public hearings -- Commissioner Spence -Jones: Oh, Barbara. Vice Chairman Sanchez: -- which have been advertised for -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: --10:30, and we do have the translator here, so we'll be able to do that. Commissioner Regalado, you're recognized for your blue pages. Commissioner Regalado: Thank you very much, Mr. Chairman. I -- and I will take quickly, and I will like to take the last one on the page first because that one I see -- Vice Chairman Sanchez: Which item would you like to take, the --? Commissioner Regalado: D4.5. Vice Chairman Sanchez: OK. Commissioner Regalado: This is a discussion item -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- concerning the affordable housing units in a downtown building and a possible request to return the City ofMiami money. That's the wording. That is what we placed in the blue page. As we move on the agenda, we are going to have an item regarding the bill of rights that would go to the voters in November in our district elections to amend the Charter and place a bill of rights. Have I -- as I look at some of the bill of rights of other municipalities and counties, you'll see many issues that are important, you know, like Miami Beach has its bill of rights, Miami -Dade County, but there are other cities in the United State [sic] that do have the bill of rights for the people, and one of them is government should provide information that is correct to the residents. Government should not mislead the people. That is precisely the point. This is not a legal matter. This is a matter that I think it's about trust and it's about the need to clear the air. I wasn't present;; I was doing the TV (television) program, but I read the Mayor's speech about the state of the city. I think it was last month, and on the speech, I think, ifI remember well, he said that in response to the House of Lies stories or scandal in Miami -Dade County, the City ofMiami has gone above and beyond the call of duty, something like that, to build affordable housing. That is the right thing to do. However, then we soon found out that there were some glitches on the affordable housing area. I have a legal opinion from the City Attorney basically saying that, legally, there's nothing we can do, and now we know because there is no legal recourse to rectify what was done. I do want to mention something that the Auditor and the City Attorney says in their memos; saying, well, you know, that audit or letter of intent, or whatever that was called that prompted the news article is City ofMiami Page 59 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 supposed to be confidential and exempt from disclosure, pursuant to the Florida Public Records Law, Florida Statutes, blah. This is the way the United States work. The media has to do the due diligence to discover. Otherwise, we would not have had Watergate or the Pentagon Papers, or we wouldn't have find out about Walter Reed Hospital recently because the media was diligent in getting information to be published, and that information reflect bad on a City project and the overall project of affordable housing, the alternative to one of the biggest crises that we have here, which is housing crisis. Now we know that we have just done some regulations for affordable housing, and it is important, but it's important to discuss what happened because we need to regain the frust of the people. If you go out and proclaim on the street that we're doing affordable housing, people will laugh at you after what they read and after what they saw. As a matter offact, today there is a very well -written letter in the Miami Herald by the chairman of The Related Group, Mr. Jorge Perez, which is here in the chamber, and the letter is very sincere, and what shows the letter and the response of the City is that everyone is guilty and everyone is innocent, but there is no way that we can fry to regain the trust of the people. In retrospect, he says, both the developer and the public sector should have put more income and time restrictions on resells to avoid speculation and profiteering, and that's the key. How do we fix that? With the new regulations, yes, but how do we fix the past? It is very nice, sometimes convenient to say let's turn the page; let's move on, but that's not the way to gain the public trust. You know, I think that it is important that we come clear. It is important that we say, you know what? Everybody is guilty, and that there is a -- and there is a moral sanction, at least, a moral sanction to those who use and abuse the system in order to, I guess, make money or, you know, advance their careers, make investment because if we don't regain that trust, it is impossible to continue doing what we should do and doing what he should do, building affordable -- real affordable housing because the people won't believe it, and I was saying, well, you know, what do we do? Should we request that the developer gives back the million dollar? Well, in retrospect, Mr. Perez says -- and he's right -- that Related didn't make any money in the resells; people did, so what's -- what we should do? Well, at least, put it in public. Do, you know, something that the people understand that we are really frying to build affordable and not have people, maybe with connections, or maybe with information, you know, Martha Stewart type thing to buy into affordable and then make some money. The fact of the matter is that the City look bad. The developer look bad because it's not their fault. They did what they were told, and the City will say, well, it's not our fault because there weren't any restrictions, so I really don't know what to do, but I think the developer and the City should really tell the people, you know, what happened, look into, and show the people that it's not going to happen again. I mean, if you want to give back the million dollar, it's fine with us. I mean, when you go to a classy restaurant and you find a fly in the soup, it's not the restaurant fault, but they don't charge you for the dinner because they don't want the image tarnish, so I was going to tell the Manager -- I'm sorry, Larry -- before to turn off the cameras because this is also embarrassing, and we should not broadcast this kind of thing, but it is important, and you know, this is the end. I am -- I'm not frying to embarrass anyone. As a matter offact, I think that the only thing that I found wrong in the letter that Mr. Perez wrote is that he says that the Miami Herald has written several articles criticizing the Loft project. I try to read things as a journalist, and the Herald never criticized the project; it criticized the system whereby people got -- The project is spectacular. The project -- I seen it -- is great, and we hope that we have one, two, three, four, five loft, but what the Herald did was the right thing, to expose the abuse to the system, so I don't know what else to say. I don't even know ifI should ask Mr. Perez to comment. He doesn't have to. This is just my thing, butt just want to say that my concern is the trust of the people. How do we regain the trust of the people? How do we save affordable? Mind you, forget about the technicalities of the new regulations. This is about image. This is about public opinion. This is about trust, which is the only thing we have in government. You know, if you don't trust your government, then, you know, what's left of it? So that's the end of this item. Commissioner Spence -Jones: Yeah. OK, Commissioner. I'm turning it back over to -- Vice Chairman Sanchez: I think -- Are you done? City ofMiami Page 60 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: Yes. Vice Chairman Sanchez: -- the City Attorney, and then -- Commissioner Spence -Jones: Well, Commissioner Sarnoff -- actually, he -- Vice Chairman Sanchez: Oh, I'm sorry. Commissioner Spence -Jones: -- I wanted to yield -- Commissioner Sarnoff Yeah. Commissioner Spence -Jones: -- to him. Commissioner Sarnoff Let me -- Vice Chairman Sanchez: Commissioner Sarnoff you're recognized. Commissioner Sarnoff -- just say something regarding this, and I want to take The Related Group out of this because The Related Group did what it does for a living; it made money. It's a developer, and it makes money. Commissioner Regalado: And Commissioner, this item is not about The Related Group. What I meant here, it wasn't about The Related Group. It was about frust on the affordable that can be done by Related or anybody else. Commissioner Sarnoff And that's where I was headed to. I was headed to the County, and I was headed to the City. As -- an average citizen is not going to understand that this is what is "nonrestricted money." An average citizen only understands that they pay their taxes, that they trust their government, and that that government, if it's going to give money to a system, especially an affordable housing system, that there should be -- it should go to people who need and require affordable housing. Now there are people in the City ofMiami that are absolutely innocent of this; one of them is Barbara Gomez. This had nothing to do with her. It had nothing to do with her particular CDBG (Community Development Block Grant) money or her department. There are some City ofMiami personnel that moved into this project and rightfully belong in this project, but let me quote to you an article in the Herald, and this comes from Ana Mendez [sic], and it was done on May 2 -- May 7, excuse me, and let me read it because nobody says it better than Ana Mendez [sic]. "Does affordable housing have a future in Miami? Not so long as politicians blindly throw money at a system that gleefully embraces greed and fantasy. For the $2 million, Habitat Miami could have built at least 20 affordable homes for those truly in need of a place to live. Instead, the city and the county ended up helping a lot of wealthy investors in need of nothing more than a nice taxpayer -supported windfall." She goes on to cite one of the purchasers -- actually, three or four of the purchasers; a man in New York, who said he purchased it merely for an investment. He said I didn't have anything to do with affordable housing; I'm an investor. That's the problem. The problem is that the speculators were allowed into this project, and the good intentions aside -- let me quote Bruno Barriero. "The intention was for workforce housing -- you know, people who are teachers, firefighters," but what the intention was and what actually occurred fell a football field apart. There were people who their only intention -- so that means their mind, or in a lawyer's parlance, their mens rea -- was to profit from this at the inception. They flipped their property within a day of owning it, some of them making as much as $91, 000. Those people are people you would peg as being very friendly with this Administration, and that's when you lose the trust of this Commission and of the Administration. Now there may or may not be procedures in place never to allow it to happen again, but until you can look a citizen in the eye and you say to him or her that the City ofMiami City ofMiami Page 61 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 is really committed to affordable housing and that affordable housing will be part of a sustainable city in the City ofMiami, then you're doing nothing more than giving them a great big snow job, and I think this particular article and this particular project -- and again, I'm not leveling my criticism at The Related Group because they did what they do for a living. My criticism is of the City and my criticism is of the County because if you don't earmark your funds, if you don't require when you give money to a developer that intends on making profit, then you've lost sight of what you're doing as a city and as a county. Thank you. Vice Chairman Sanchez: Mr. City -- Commissioner Spence -Jones: Mr. Chair -- Vice Chairman Sanchez: I'm sorry. You want to speak on this? Commissioner Spence -Jones: Yes, Mr. Chairman. I just want to add just real quickly. Again, I actually didn't really find about -- find out about this happening until, I believe, it was the CRA (Community Redevelopment Agency) meeting, right, Commissioner Regalado? When we arrived, we found out through the -- I found out by way of the media. One of the things I wanted to ask, though, the City Manager, what has been put in place? Because what was explained to me by the Administration after, you know, I was approached on this issue was that there was no policy put in place to address the Affordable Housing Trust dollars and how they were to be utilized. There was no system put in place at that particular time. Now I believe this predates -- this incident predates myself I believe, Commissioner Sarnoff. I don't think both of us was here when this actually got approved, but what has been put in place to make sure that this type of thing does not happen again? I mean, I just -- I think it's important for the folks that are listening to it at home. We need to -- I would like to be clear on where we went wrong, like what was the mishap that led us to this point? Pedro G. Hernandez (City Manager): I think that, first of all, we have to be clear that on Loft -- on this Loft project with Related, that the only requirement thatl believe they had is that they had to sell a certain number of units, maybe 102 out of 196, at or below a certain price -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- period. There were no other requirements. Commissioner Spence -Jones: OK. Mr. Hernandez: Since then, the Administration has put into place requirements to ensure that we actually focus and obtain what the goal is. If it's meant for affordable housing, if it's meant for low-income for certain levels, that we achieve that, and if there are any changes to that, that the benefits, the profits come back to the City. Commissioner Spence -Jones: OK. Mr. Hernandez: Let me see ifI have either -- Commissioner Spence -Jones: So -- and currently, this did not run through -- Mr. Hernandez: Currently, this would -- Commissioner Spence -Jones: -- 'cause all of our housing project -- Mr. Hernandez: -- have never happened today. City ofMiami Page 62 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Spence -Jones: Right, so -- Hr. Hernandez: It could never happen. Commissioner Spence -Jones: -- but I'm saying, this project did not run through Community Development, correct? I mean -- Hr. Hernandez: No. Commissioner Spence -Jones: -- this is what I was briefed. I want to just be clear, and I think the public -- Hr. Hernandez: I don't believe -- Commissioner Spence -Jones: -- needs to be -- Hr. Hernandez: No. Commissioner Spence -Jones: -- clear. Hr. Hernandez: I don't believe so. Larry Spring (Chief Financial Officer): No, it was not. Hr. Hernandez: It did not go through Community Development. Commissioner Spence -Jones: OK. It went through what? Hr. Spring: Economic. Hr. Hernandez: Economic Development. Vice Chairman Sanchez: Economic -- Commissioner Spence -Jones: OK -- Vice Chairman Sanchez: -- Development. Commissioner Spence -Jones: -- and why did it -- why -- just so that I'm clear -- would something like this, which is a housing -related project even be with Economic Development? Hr. Spring: Larry Spring, chieffinancial officer. Commissioner, the policy question that you're asking was just the policy at the time. The Affordable Housing Fund was established based on FARs (floor area ratios) that were paid into this fund. It's not CDBG money; it's not federal money. It's unencumbered dollars. I think, at the time, from a policy administration position, it was just a project came up; the source of funds was there, and ED (Economic Development) was just the department that was assigned to fulfill the project. Now since that time, I think you know, this entire Commission has passed -- the fund itself has been turned over to the Department of Community Development, and new affordable housing guidelines have been passed by this Commission, which institute some of those things that Commissioner Regalado referred to, Commissioner Sarnoff referred to, so those safeguards, how we deal with resales; the income levels of the purchasers; the -- you know, all of those things are now in that policy and we'll be guided moving forward. Commissioner Spence -Jones: OK, so I think that's important to, at least, make sure public and City ofMiami Page 63 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 all of us understand it because that's what I was briefed, and I wanted to make sure that that was clear on the record. Ms. Gomez, do you want to add anything to that? Because I know one of the concerns I had in reading this story and being approached by the media regarding it was the resale part of it, and everyone knows that I've been fighting on this dais, for God knows how long, since I've been here about affordable housing dollars and how important it is to make sure that we have it, you know, not just in my district, but throughout the whole city, so if you have anything to add on just making sure that something is definitely in place so that folks cannot buy stuff and flip it -- I mean, that's -- I think that that's where the rub really hit wrong with a lot of people. Commissioner Regalado: If -- Barbara Gomez (Director, Community Development): Barbara Gomez -- Commissioner Regalado: -- I may -- Commissioner Spence -Jones: Sure. Commissioner Regalado: -- before she speaks. Commissioner Spence -Jones: Sure. Commissioner Regalado: Why does she needs to explain? Commissioner Spence -Jones: Commissioner Regalado, because I'd like to know it. Commissioner Regalado: I understand that, but her department has nothing to do -- Commissioner Spence -Jones: Right, butt want to make -- Commissioner Regalado: -- with -- Commissioner Spence -Jones: -- sure, from this day going -- Commissioner Regalado: -- the affordable money. Commissioner Spence -Jones: -- on, sir -- Commissioner Regalado: No. The question is, should we want affordable in Community Development as part of a whole package of housing? That is -- that should be the question. Commissioner Spence -Jones: All right. Commissioner Regalado, I have my own questions, and that -- please allow for me to have my questions so that I can be clear for my constituents. That's what I'm frying to do, so I want to be clear from this day on -- because I can't speak for the past. I was not here. Quite frankly, I didn't know anything about it, period, so I just want to be clear where do we go from here and how do we prevent something like this from happening again, and then my question becomes, to the City -- Mr. City Attorney, what -- for those individuals -- because I believe Commissioner Regalado said, in the very beginning, that the City Attorney produced an opinion, which I never saw the opinion -- I never got a copy of the opinion. Jorge L. Fernandez (City Attorney): No opinion. Commissioner Spence -Jones: OK, Commissioner Regalado, he said that he never got an opinion from -- you never got an opinion from him. City ofMiami Page 64 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Fernandez: But I will explain what Commissioner Regalado got, ifI have a chance. Commissioner Spence -Jones: But it wasn't an opinion? Mr. Fernandez: There was no substantive opinion issued at all. Commissioner Spence -Jones: OK, and the only reason I'm mentioning that was be -- Commissioner Regalado: It says -- wait, wait, wait, wait. Commissioner Spence -Jones: OK. Commissioner Regalado: Number one -- Vice Chairman Sanchez: All right, listen -- Commissioner Regalado: -- I just made a phone call and ask the City Attorney is anything that we can do. Then I got, on May 7, this memorandum is in response to your request for a legal opinion regarding the City's ability to demand from Related the returns of the City's $1 million, and it says what I said it said. Mr. Fernandez: No. It goes -- Commissioner Spence -Jones: I just -- Commissioner Regalado: The City Attorney -- Commissioner Spence -Jones: -- would have liked -- Commissioner Regalado: -- says -- Commissioner Spence -Jones: -- I would like to have had a copy. Commissioner Regalado: -- the audit is not finished, and then -- but the only thing that I question on the City Attorney is that he was talking about, you know, that information cannot be leak and all that, and I was saying, well, you know, that is the American way. You know, you publish what people in the government leak, and then it's the role of the government to deny it, and -- but the City Attorney has nothing to do with this because, you know what? This is not a legal issue. I did not brought this as a legal issue. I brought this as a moral issue, as a trust issue, so the City Attorney has nothing to do with this. Vice Chairman Sanchez: And -- Commissioner Spence -Jones: Mr. Chairman, I just want to -- only reason -- I'm -- again, I'm just searching for clarity. Vice Chairman Sanchez: Let's just hold on, hold on. Listen, we got to maintain order here, OK? You have the floor. Commissioner Spence -Jones: I -- and I just have the two things that I want to get clear on, so it was not an opinion. It was basically a memo that was sent to Commissioner Regalado that we all did not get a copy of because it was just addressed for him on this issue. Mr. Fernandez: When I'm given a chance, I would -- City ofMiami Page 65 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: You're -- Mr. Fernandez: -- be very happy to explain. Commissioner Spence -Jones: OK. This is my question for you real fast -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- that's attached to it, sir. Is there any legal issue or ramification for any of the City employees that did sell their units? Because I want to be clear. Because I was told that, no, there's not. They didn't do anything wrong, butt want to be clear. Is there an issue for them to have to repay back this money because of them reselling it at a higher price? I would like to know that. Vice Chairman Sanchez: Mr. City Attorney, you're recognized for the record. Mr. Fernandez: Thank you. With regard to Commissioners [sic] Regalado's request, I did not issue a legal opinion. I merely explained to him why it was that I could not render a legal opinion, and it needs to be understood. If you allow me, I'm making reference to the -- in Auditor General's involvement in this. Clearly, this whole matter came to the light, and the press obtained information regarding the Auditor General's investigation that he's conducting of the department, Economic Development, and -- rather, Community Development. I make reference - - and let me read the memo that I wrote to Commissioner Regalado, which is not a legal opinion. I say, "In rendering an opinion, I cannot rely on facts set forth by the press, media, or on preliminary observations. Until the independent Auditor General has concluded his fact-finding by the issuance of a final report and/or until fact-finding has otherwise been concluded by the appropriate City department, I will defer in issuing a legal opinion on the matters under review. That is what I wrote, so in essence, there is no legal opinion. Now turning to the substantive question, if you were to ask me, as I believe you have, do I have a legal opinion with regard to the issues in questions that have been bantered, the answer is yes. Of course I do, and I'm ready to opine and give it to you, as long as everyone understand and the Auditor General understands that I'm answering this question directly at the behest and at the request of this Commission because the Auditor General takes exception to anyone meddling in his business, and until he concludes the audit, I believe he's correct. Nobody should meddle in his business other than the department that's involved in the investigation, so either for him or for the department, to get me involved in giving opinions that may influence his final determination and outcome, I think would be highly inappropriate. Clearly, the Auditor General has no jurisdiction to give legal opinion, and I'm sure he will not be issuing any final report that includes legal opinions or legal conclusion because those are beyond his -- Commissioner Spence -Jones: Scope. Mr. Fernandez: -- purview, but notwithstanding that, I don't want -- unless you specifically instruct me to answer your question as to what my legal opinion is, given the facts as I have examined them, the Auditor General is going to have to be content with my chiming in, and I have made the following analysis of the issues involved. There are two documents that control this entire transaction; the first is Ordinance 12436, passed on November 13, 2003. There are certain conditions are set out for the issuance of this money, and basically, those conditions were met. First, that the developer present evidence of firm financing for the full project;; and secondly, that there is an appraisal acceptable to the City. Those were the only conditions that, in essence, were put on the developer. Also, by the way, we're talking about the $1 million from the Affordable Housing Trust, and it was the condition that this would be residential commercial; 102 residential units, not to be -- to be priced not in excess of 90 percent of the median Miami sales price for August 2003, and those were just the conditions of that ordinance, then we move forward a whole year later to March 12, 2004, which is when the City entered into City ofMiami Page 66 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 the agreement with 234 Tower, LLC, a predecessor to the Lofts, or the Lofts with another name, in essence, and there in that document, legally binding document that the City entered into with that entity, there were a set -- a series of requirement: Number one, use of the funds; a new construction, mixed -use project consisting of 196 -- now the units have increased from the original time when the ordinance passed -- residential condominium units, aggregating not less than 155,000 square feet, and not less than 1,500 square feet of commercial use and retail space. The City funds were earmarked for land acquisition and development costs, and the construction of the affordable residential condominium units. Second, the overall configuration of the residential units; 131 were to be one-bedroom/one-bath units, and 65 -- 55 units were to be two-bedroom/two baths. Restricted units; not less than 102 -- and this is a controlling number -- of the residential condominium units to be affordable; 91 one-bedroom/one bath and 11 two-bedroom/two bath. By affordable, in that agreement, was defined as follow: Defined as project residential condominium unit that is priced not in excess of 90 percent of median Miami new housing sale price for August 2003, as published by the Florida Association of Realtors, as required by the ordinance. Construction benchmarks. We imposed conditions that they had to commence construction within 30 days; that within 30 months of the effective dates, they had to have certificate of occupancy for those 102 units, and then additional requirements; progress reports, record retention, audits, et cetera, et cetera. Also, there was no requirement -- I emphasize, there was no requirement in this agreement for income verification of the homebuyers; no requirement that the residential units be sold as a primary residence of the homebuyers, and no restriction on resale of the residential units. Commissioner Spence -Jones: Who put that deal together? Mr. Fernandez: What was that? Commissioner Spence -Jones: I mean, where did that come from? That came from -- Mr. Fernandez: I don't know where that comes from -- Commissioner Spence -Jones: What department? Mr. Fernandez: -- ma'am. Commissioner Spence -Jones: What -- Vice Chairman Sanchez: All right. Mr. Fernandez: All that I'm making is an observation, given what has come to my attention, that this agreement that be -- is being referenced did not contain any of those requirements. Now on March 13, 2007, a Memorandum of Understanding recently published in the press media -- I don't know where they got it -- indicated the following: That all of the 102 residential condominium units designated as affordable were sold as required, at or below 90 percent of the August 2003 median sales price for Miami; 33 of those 102 units were sold within one year; only 1 of those 33 units was resold at an affordable price; only 6 of the 102 affordable units applied for and received homestead exemption; 7 of the 102 units were purchased by a person whose name appear to match those of City ofMiami employees; 1 of those 7 units was resold at -- and then again, this is information garnered from the Memorandum of Understanding, which is the purview of the Auditor General -- an 83 percent gain, $103,000 was the bottom line on that. Now, my conclusion, compliance with legal requirements. Before the execution of the grant documents, the Economic Development Department confirmed that both contingencies to the financing, that is that the City receive evidence that the developer had firm financing for the full project and there was a satisfactory appraisal; that was met. Secondly, upon the sell of the residential units, the Economic Development Department confirmed that all 102 units were restricted as affordable were sold at a price that complied with the requirements of the grant City ofMiami Page 67 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 agreement. We've consulted with Jorge Martinez Esteve, the City employee who was tasked with that assignment, and he again confirmed last week that all units were sold in accordance with the stated requirements. To my knowledge, my office has not been informed of any requirement that was not satisfactorily completed in accordance with the agreement. Vice Chairman Sanchez: All right. I think that the issue has been addressed. I think that you wanted to afford Related an opportunity to speak. Commissioner Regalado: I -- Commissioner Spence -Jones: I just wanted to -- Commissioner Regalado: Mr. Chair -- Commissioner Spence -Jones: -- close out on my comment because I -- Commissioner Regalado: Mr. Chairman. Commissioner Spence -Jones: Mr. -- Vice Chairman Sanchez: One at a time. Commissioner Regalado: Mr. Chairman, I would love that, but I just want to repeat what I said when I began. This is not a legal issue. Vice Chairman Sanchez: Commissioner, I think you've made that point very clear. Commissioner Regalado: Well, the City Attorney just spoke 15 minutes about -- Vice Chairman Sanchez: All right, but I think you've made that -- Commissioner Regalado: -- the legality of -- Mr. Fernandez: I only speak when spoken to. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: OK, but -- Vice Chairman Sanchez: Would you like to speak on the issue? Commissioner Spence -Jones: -- let me just say this. Again, my only -- I just wanted to have clarity on the issue because I had not been fully briefed on the issue, and I think that it's important for the public here and watching to really understand what the issues are. I think also it's really important for us to make sure, from a City Administration standpoint, that there's a policy definitely put in place that's going to address this issue so that this does not occur again, and that once those agreements have been formulated with the builders, or the developers, or whoever's doing the work, that our CityAttorney's Office will continue to look through those documents to make sure that things are done in decency and order. I do, however, happen to agree with Commissioner Sarnoff and Commissioner Regalado on the issue. From a legal perspective, we know that it appears as though there's not an issue. I think, from a moral perspective -- and I think that that's what they're speaking of -- it's shameful, not saying that it's Mr. Perez problem; it's a City problem. It's something that we did not do properly, and that needs to be acknowledged. Whenever we do something wrong, we have to be able to stand up and say, you know what? We did not do this right, and I think that's the problem. City ofMiami Page 68 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Commissioner, to answer your question, under the new affordable housing guidelines, it addresses those concerns, so this thing could not happen again, so having said that -- Mr. Hernandez: Commissioner -- if you allow me, Mr. Chairman. Vice Chairman Sanchez: Yes. Mr. Hernandez: I just want to reiterate that the criteria is in place today, proffered by the Administration and approved by the City Commission, to ensure that this will never happen again. Vice Chairman Sanchez: I think that -- Mr. Hernandez: That's in place. Vice Chairman Sanchez: -- has been put on the record, and before I turn it over to you, I just want to say that I'm glad that this discussion was -- took place because it cleared a lot of misinformation, a lot of finger pointing, and a lot of reputation destroyment [sic] out there of allegations made by people that were unfair to a lot of people, so this is a perfect opportunity for everybody to get the facts and get the straight -- get it straight based on the legality of this issue so we could put this to rest and we could move forward. Having said that, Mr. Perez, you're recognized. Jorge Perez: Thank you very much, Commissioner Sanchez. I want to respectfully make a few points, but first of all, let me start by saying that you did not do something wrong and you did not do something shameful. You did something imperfect. There are those in life that make decisions and build, and there are those in life that sit back and play Monday morning quarterback. We will continue to make mistakes because we make decisions and we build, and there's not a perfect world. What the City and we did is at the time where you could not buy anything in downtown Miami for less than $500, 000 a condominium, came up with a program that allowed people to buy units at $100, 000 a unit, giving almost the same amenities as the other condominium projects in Miami. That was the right thing to do. The Commission did the right thing; the County did the right thing, and Related did the right thing. We have build thousands, tens of thousands of units in South Florida. We have won every award for affordable housing in the country. We are by far the largest builders of affordable housing in Miami and Dade County. Not only have we won awards for our projects, but this coming month, the Smithsonian and the National Museum of Building is giving us their greatest award for Related as the best national developer affordable housing. We are good at what we do. We do not just do it for profit. We do it because we have a social purpose. As I said in that letter, we make a lot less money in doing these projects than we make in regular condominiums. It takes a lot more time to do it than in regular condominiums. We don't have to deal with County government, with City government, with all the regulations to make a lot less than what we do. Similarly, when we took the Allapattah Station and are the only and first ones to do affordable housing in transit stations at a minimal profit, when all the other projects have not been built, it was Related that was the first, and it was Related that was the right one, and we did it with the County and with the City, and for thousands and thousands of units, we have never been criticized; we have received awards, so politicizing something that is good is wrong because, you know, Ms. Mendez [sic] said, in the Miami Herald editorial which you alluded to, we could have taken this money and built 20 Habitat units. Well, you know what? We built 200, not 20 units, and today, people that bought, whether they rented the units or not, have produced a lot more than 20 units for affordable housing not in the Habitat neighborhoods, but right in downtown Miami, where people need to work. It was the right decision, and Ms. Mendez [sic] was absolutely wrong in her statement and unknowledgeable of what we do. She sits back and she City ofMiami Page 69 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 writes on something that she's not knowledgeable of. Since 1979, when we did the first 500 units in Little Havana for the elderly, starting the housing program, which by the way, I wrote while I was a planner in the City ofMiami in 1976, we have continued to perform correctly in building affordable housing. In this particular job, the mistake was very clear. In our zeal to move rapidly and allow people to live downtown of affordable means, what we did was that we forgot to put time restrictions and resell restrictions on those units, but so you to know that before we opened those units to the general public -- and Mr. Regalado was there and Mr. Sanchez were there claiming what a great project that it was, and it is -- we opened it only to -- Vice Chairman Sanchez: To City employees. Mr. Perez: -- City employees, to County employees, to Dade community teachers, and to Miami -Dade teachers, so what we tried to do was go for those people -- oh, and the hospitals, so we want -- (UNINTELLIGIBLE) for the nurses, and for the lab technicians, and for the firemen, and for the policemen, so we did that. We did that not only extensively by e-mail (electronic) blast, but having parties in their locations, only open to them, and not even open to outside brokers, so there would be no profiteering, not general public coming in. We sold, out of those parties, 65 percent of the job, and only after we exhausted those did we open it to the general public, so we did make an effort, a big effort to give it only to those people that were the target market. What worries me about this is that affordable housing is a very difficult thing to accomplish. As you see all around you, there isn't any affordable housing being built near urban centers, almost none. Why? Because it's difficult, because it's very, very difficult and not very profitable. Building condominiums is much more profitable and a lot less of a hassle, so please, I beg you, forgetting about The Related Companies, let's all learn from the mistakes. Let's do put some time limits; let's do put some restraints. Let's try to avoid profiteering. Don't make it to the extent that you don't allow an affordable housing individual to live in these units, and afterwards, make $80,000. That's the American way. Whether you're rich or you're poor, you should be allowed, at some point, to sell those units and make money. Building equity in homes and profitability is the way people have moved up in America. Do not -- you do not castigate this program. Let's learn from it, and let's move forward with restraints so more affordable housing can be built, and let's all do it better in the future. Thank you very much. Vice Chairman Sanchez: All right. Thank you -- Commissioner Sarnoff Mr. Chairman. Vice Chairman Sanchez: -- very much. Sir, you're recognized on this. Commissioner Sarnoff Mr. Perez, just so it's clear, it is not issue that anyone here takes with the 65 percent of the people that were offered this property. The issue that people take issue here with are the Venezuelan corporations that purchased this property that turned around and sold it; the New York corporations that purchased this property that turned around and sold it. Now whether it's profitable to you or not to do this, Related's 2005 revenues were $3.25 billion. If we're going to have affordable housing in Miami and you're going to have meaningful affordable housing, it must come with resfrictions because why would we vote the citizens, taxpayers' money to subsidize a project that does not have these resfrictions? It makes absolutely no sense. Vice Chairman Sanchez: All right. I think we've addressed this issue long enough, but I'm glad that we've been able to clear the air. City ofMiami Page 70 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00583 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT OF THE HAITIAN IMMIGRANTS, BASED ON THE "WET-FOOT/DRY-FOOT" POLICY AND URGING PRESIDENT GEORGE W. BUSH AND THE MEMBERS OF THE UNITED STATES CONGRESS TO RESCIND THE DISCRIMINATORY IMMIGRATION POLICIES AGAINST HAITIAN IMMIGRANTS; REQUESTING TEMPORARY PROTECTION STATUS BE GRANTED FOR HAITIAN IMMIGRANTS; CALLING FOR THE EQUAL TREATMENT OF ALL IMMIGRANTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00583 Legislation .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0267 Commissioner Spence -Jones: The other issue is really a resolution. I'm sure you're aware of this. There is a few other municipalities that have joined regarding this issue of the Haitian Immigration Policy. As everyone knows, this recent Haitian migration has raised the issue of the U.S. (United States) Immigration Policy. While I do understand that, from a local level, we really don't control this issue, butt would like to have the support of the following -- of our Commission to support the City of North Miami and Sunny Isles, to name a couple, just to send a message to the Administration from that perspective, that you know, this policy really needs to be looked at. I think that, if these other cities can take a bold, big step like this, we should be able to do it from our perspective, especially since we have a large Haitian population -- Vice Chairman Sanchez: All right. There's -- Commissioner Spence -Jones: -- so you should have a copy of the resolution already, and I'd like to move it. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second. Discussion on that resolution. Let me take the opportunity to praise you on it. I think that the City Attorney should read it into the record, butt would like to amend it, and I'll tell you the amendment that I'd like to place on it. I think that they're also entitled to TPS (Temporary Protection Status), which is not amnesty. TPS is Temporary Protection Status. You know, it's funny because a couple of days before the tragedy in Turks and Caicos Island, the U.S. Government and the president -- Senate President Reid scheduled two weeks of discussion on immigration issues. I think this is the perfect time for us to be sending this resolution to Washington to address this, but couple of days before, Nicaragua, Honduras, and Salvadorians received TPS, and there's a lot of similarities between their counfries. All these counfries are in civil unrest, so therefore, they should be treated equally, and therefore, by City ofMiami Page 71 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 adding TPS, which, I think, may be something that has teeth in the resolution, once it's introduced, they might take into consideration providing for the Haitian refugees that are here temporary protection service, so I would like to just amend this resolution to include in the language temporary protection service. Commissioner Spence -Jones: And I -- so amended. Vice Chairman Sanchez: OK, so could you read the -- Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Sanchez: -- resolution? The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Thank you. Vice Chairman Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move along. D5.2 07-00584 DISCUSSION ITEM DISCUSSION CORRECTING THE FAILURE TO ADD A PENSION PROVISION TO THE COMPENSATION PACKAGE OF ELAINE BLACK AS THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT, THE RESULT OF WHICH MAY BE A RESOLUTION. 07-00584 Cover Email.pdf CONTINUED Item D5.2 was continued to the Commission meeting currently scheduled for June 14, 2007. Vice Chairman Sanchez: All right. Let's fry to get back on track with this agenda. Commissioner Regalado, you have any more items? Commissioner Regalado: No, no. Vice Chairman Sanchez: All right. Commissioner Spence -Jones, you're recognized on your items. Commissioner Spence -Jones: Yes, yes. I guess -- just so that you know, real fast, the second item that I have, that's actually being removed or -- I'm assuming deferred until the City Manager comes back on that issue, and that is D5.2. This is in reference -- it's going to be deferred to June. Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: All right. Let me -- Ms. Thompson: Deferred to -- Commissioner Spence -Jones: D5.2 is being deferred to June. City ofMiami Page 72 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Pedro G. Hernandez (City Manager): Yes. Ms. Thompson: So we're continuing it to the next regular meeting, June -- Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: -- 14? Thank you. Commissioner Spence -Jones: The other -- Ms. Thompson: I'm sorry. Commissioner Spence -Jones: No problem. City ofMiami Page 73 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 PUBLIC HEARINGS PH.1 07-00340 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 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 TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; 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 07-00340 Submittal Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: Come on, let's see if we could -- Commissioner Spence -Jones: Make up. Vice Chairman Sanchez: -- make some ground here. You're done with your items? Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: OK. What item are we on now? Commissioner Spence -Jones: PH.1. Priscilla A. Thompson (City Clerk): PH.1. Vice Chairman Sanchez: PH.1. Stephanie Grindell: Stephanie Grindell, director ofPublic Works. Vice Chairman Sanchez: All right. It's an ordinance. It's a public hearing, and the Department ofPublic Works is present. Ms. Grindell: And -- Vice Chairman Sanchez: You're recognized. Ms. Grindell: -- Lynn just handed out a substitution. Vice Chairman Sanchez: OK. Ms. Grindell: This is an ordinance amending Section 29-89 of the City ofMiami Code to require City ofMiami Page 74 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 a standard elevation -- Vice Chairman Sanchez: All right. Ms. Grindell: -- of seawalls or bulkheads on all waterfront properties east of US 1, excepting those fronting the Miami River, and the change is between what was submitted previously and now. Originally, we were going to change Section 20-4; we're no longer changing that, and change two, we were going to amend 29-89(4). Vice Chairman Sanchez: OK. Ms. Grindell: We're deleting what we were previously going to request and now it's substituted. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll make a motion. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. Before we -- Commissioner Spence -Jones: Discussion. Vice Chairman Sanchez: -- open it up for discussion, it is an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward. Ma'am, you're recognized for the record. Amanda Quirke: Amanda Quirke, 1441 Brickell. We're representing Ernie Cambo. We are in support of this ordinance with one item that I'd like to address. The last sentence says, "This subsection is not to be interpreted to impair the obligation of contracts under the Constitution of the State of Florida." We would respectfully submit that this creates somewhat of a conflict. There is another provision in Section 20-10, which states that the flood protection chapter supersedes any conflicting city ordinance, building code, or any other regulation to the extent the chapter imposes more strict requirements. Inserting this language about the impairment of the obligation of contract seems to be contrary. The -- this ordinance is for flood protection, the public health, safety, and welfare, and should be uniformly applied throughout the areas specified in the ordinance that's east of US 1 -- Vice Chairman Sanchez: All right. Ms. Quirke: -- so my proposal is to take that sentence out, respectfully. Jorge L. Fernandez (City Attorney): Mr. Chairman. Vice Chairman Sanchez: OK. Mr. City Attorney. Mr. Fernandez: What distinguished counsel is not telling you that there is a lawsuit pending, raging -- Vice Chairman Sanchez: Jesus Christ, suing everyone. Mr. Fernandez: -- for years -- City ofMiami Page 75 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Isn't there -- Mr. Fernandez: -- between -- Vice Chairman Sanchez: -- everybody's suing everybody or what? Ms. Quirke: There -- Mr. Fernandez: Well -- Ms. Quirke: -- respectfully -- Mr. Fernandez: -- again -- Ms. Quirke: -- there is no lawsuit pending at this time. Mr. Fernandez: There is a claim. There is a controversy in the neighborhood. The reason this item is in front of you is because a colleague of this attorney prevailed upon staff to make sure that these changes were made, and then staff, for all the right reasons, has made the right changes. The only language that we insist, in order to keep the City out of a neighborhood controversy where a homeowners association is enforcing a covenant that runs with the land, that the person who has the problem that would be addressed by this changes, the neighborhood association or that entire development is objecting to. You passed this ordinance without the language that we insist be in it, and you will find yourself in the midst of a controversy of a neighborhood, and then, you know, we can always defend, and you may make that decision. You may go right along with her, if you want, but know that you're buying liability and exposure for the City. Commissioner Sarnoff Mr. -- Ms. Quirke: I would -- Commissioner Sarnoff -- City Attorney. Mr. Fernandez: Yes, sir. Commissioner Sarnoff That's a good observation. Maybe we could resolve this if we got them to do something for us, and I'd ask you to provide us with a friendly, if you would, hold harmless and indemnity agreement, together with a covenant not to sue. Ms. Quirke: I'd have to go back to the -- to our client with that. I would like to make one comment, and that is, this is just like any other exercise of the police power. When the Commission enacts an ordinance for the public health, safety, and welfare, there always -- there's always a potential for a suit. Inserting this language is not preventing suit -- or providing any additional defenses. The Constitution is always a defense, and this is no different than any other exercise of police power. Mr. Fernandez: The question you have to ask yourself if this language, which just merely -- let me read it to you. "This subsection is not to be interpreted to impair the obligation of contracts under the Constitution of the State of Florida." That language, in and of itself is not offensive, except if someone had an issue with it, and what was intended was to effect the obligation of contracts. If this language were clearly not stated here, we would become ourselves embroiled in a dispute; call it a claim, call it a lawsuit. I don't know what the status of this is, but I could get back to you in short order and give you a full information on that. City ofMiami Page 76 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff Mr. City Attorney, would you be comfortable if they provided us a hold harmless and indemnity agreement together with a covenant not to sue? Mr. Fernandez: Well, the covenant not to sue would not be from them. If this ordinance passes without that, they would not be suing us. Who may be suing us will be the homeowners association, and if they agree to indemnify us and hold us harmless in all of-- and represent us in that, I imagine that that would satisfy, but then again, you know, then this item should be continued until they provide that to me. Commissioner Sarnoff Well, no, I don't dispute that, but there is a reason you'd want a covenant not to sue from them as well, which I -- Mr. Fernandez: Correct. Commissioner Sarnoff -- could discuss with -- Mr. Fernandez: I agree. Commissioner Sarnoff -- you off the record, but hold harmless and indemnity means that they would defend and indemnify -- Mr. Fernandez: Correct. Commissioner Sarnoff -- so I'm merely asking you -- and maybe we could table this till the end of the day because she might be able to speak to her client. I'm not trying to delay her any longer. It's been on the agenda before, but would you be satisfied with a hold harmless indemnity and a covenant not to sue? Mr. Fernandez: Yes. Commissioner Sarnoff OK. Vice Chairman Sanchez: All right. Ms. Quirke: So -- Vice Chairman Sanchez: I have one more question on this. The changes that have been put forth, does it constitute going back out and being properly advertised or --? Ms. Grindell: No. Commissioner Sarnoff Are we OK with the advertisement? Ms. Grindell: We're OK with that. Vice Chairman Sanchez: All right. I'm just frying to cover all the angles here. All right. Well, let's do something. Let's table the item. We'll bring it back. Ms. Quirke: OK. Vice Chairman Sanchez: Let's see if we could resolve this issue. Sit -- get together with someone from the Legal Department, and then we'll bring it back, OK? Ms. Quirke: Thank you. City ofMiami Page 77 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: All right. Ms. Thompson: Commissioner -- for clarification, Chair, that'll be coming back this evening? Vice Chairman Sanchez: Yes, ma'am. Commissioner Sarnoff Right. Ms. Thompson: Thank you. Vice Chairman Sanchez: Yes, ma'am. "[Later...]" Vice Chairman Sanchez: Ma'am, why don't we get you out of here? Come on up. Did you finally --? Come on down. You're the next contestant on the Price Is Right. Did you work something out? Mr. Fernandez: It's PH.1 -- Vice Chairman Sanchez: OK. Mr. Fernandez: -- back in front of you, and -- Vice Chairman Sanchez: PH.1 is in front of us. What have you proffered, and Mr. City Attorney, we'll let you work this out. Mr. Fernandez: Yes. This is on first reading, and in fact, between first and second reading, I have gotten a clear indication from counsel that they would be proffering, as suggested by Commissioner Sarnoff, what would satisfy us. Now keeping in mind that provided they do that, then at second reading, you can pass this ordinance, and that the indemnity that they would be providing us only refers as it applies to this particular client. Anybody else would not apply to. Vice Chairman Sanchez: All right. Commissioner Sarnoff, you OK with that? Commissioner Sarnoff Yes, I am, and I'll -- Vice Chairman Sanchez: All -- Commissioner Sarnoff -- make the motion again with the friendly amendment. Vice Chairman Sanchez: All right. There's a motion with a friendly amendment; you proffered it for the record. Ms. Quirke: Yes. Vice Chairman Sanchez: All right. Could you state your name for the record again? Ms. Quirke: Amanda Quirke, 1441 Brickell. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. That -- was that a resolution? City ofMiami Page 78 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Fernandez: It is an ordinance. Vice Chairman Sanchez: It's an ordinance, as amended. Mr. -- Mr. Fernandez: Yes. Vice Chairman Sanchez: -- City -- OK, wait. It's an ordinance. We did have a public hearing, and we closed it, right? Mr. Fernandez: It is an ordinance. You opened it up to the public; no one -- Vice Chairman Sanchez: Is there anyone from the public wishing to address this item one more time? Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, read the ordinance, as amended, into the record, followed by a roll call. Mr. Fernandez: Yes, and on first reading, it is without the language making reference to impairing obligation of contracts under the US (United States) Constitution. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. Vice Chairman Sanchez: Has to come back for second reading, so we'll see you then. PH.2 07-00553 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RAPANOS SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 79 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 07-00553 Legislation.pdf 07-00553 Exhibit .pdf 07-00553 Exhibit 2 .pdf 07-00553 Exhibit 3 .pdf 07-00553 Exhibit 4 .pdf 07-00553 Exhibit 5 .pdf 07-00553 Summary Form.pdf 07-00553 Legal Description.pdf 07-00553 Memo .pdf 07-00553 Notice of Public Hearing.pdf 07-00553 Memo 2 .pdf 07-00553 Pre-Notice.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0268 Vice Chairman Sanchez: PH.2, it's a resolution. Public Works. Stephanie Grindell (Director, Public Works): PH.2 is a resolution accepting the proposed plat of Rapanos Subdivision, which is located at the northeasterly corner of Southwest 42nd Avenue, Le Jeune Road and El Prado Boulevard. Vice Chairman Sanchez: All right. This is a regular plat. I mean -- is there a motion? No motion on it? Commissioner Spence -Jones: It's in -- Commissioner Regalado: I move it. Vice Chairman Sanchez: It's a regular plat. I mean, there's a motion by -- Did you make a motion, Commissioner Regalado? Commissioner Spence -Jones: Second. Commissioner Regalado: Yeah. Vice Chairman Sanchez: OK. There's a motion by Commissioner Regalado, second by Commissioner Spence -Jones. It's a resolution. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Dean Warhaft: Dean Warhaft -- Vice Chairman Sanchez: Seeing none -- Mr. Warhaft: Oh. Vice Chairman Sanchez: No, no, no. Mr. Warhaft: I'm not -- Vice Chairman Sanchez: Seeing none, hearing none, the public hearing is closed, coming back City ofMiami Page 80 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." That was a great presentation you did. PH.3 07-00554 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "OASIS ON BISCAYNE BAY," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-00554 Legislation .pdf 07-00554 Exhibit .pdf 07-00554 Exhibit 2 .pdf 07-00554 Exhibit 3 .pdf 07-00554 Summary Form.pdf 07-00554 Memo.pdf 07-00554 Notice of Public Hearing.pdf 07-00554 Memo 2 .pdf 07-00554 Pre-Notice.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and passed unanimously, with Chairman Gonzalez absent, to continue item PH.3 to the Commission meeting currently scheduled for June 14, 2007. Vice Chairman Sanchez: All right. PH.3, it's a resolution. Commissioner Sarnoff I would ask for a continuance on this issue. I'd like to -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- I need to get more information. Vice Chairman Sanchez: All right. There's a motion to defer the item. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Continue to what date? What do you want to do? Commissioner Sarnoff Give him 30 days, that's fine. Pedro G. Hernandez (City Manager): Wait. June 14? City ofMiami Page 81 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Well -- Commissioner Sarnoff I'm sorry? Mr. Hernandez: It's the next -- June 14, the meeting? Vice Chairman Sanchez: It's a deferral. Commissioner Sarnoff June 14 is fine. Vice Chairman Sanchez: That's a deferral, right, or continue? Commissioner Sarnoff What, I got that wrong? Vice Chairman Sanchez: Yeah, it's a continuance for 30 -- Dean Warhaft: Before -- Vice Chairman Sanchez: -- days, the next Commission meeting. There's a motion. Is there a second? Commissioner Spence -Jones: Second. Mr. Warhaft: Commissioner? Vice Chairman Sanchez: Second. Mr. Warhaft: May I speak? Dean Warhaft, 2841 Day Avenue. Before we continue this -- Vice Chairman Sanchez: No, no, no, no. Listen, have a good day. So far, you're 50/50. Mr. Warhaft: Please. Vice Chairman Sanchez: We'll see you 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, and the item is being continued to the next Commission meeting. All right. Hey, you live to fight another day; what are you upset about? Mr. Warhaft: There was nothing to fight about, if -- I mean, if he had some questions, I probably could have answered them in -- Vice Chairman Sanchez: He's -- Mr. Warhaft: -- two seconds -- Mr. Hernandez: No, no. Vice Chairman Sanchez: -- listen, he's got the right to defer an item out of -- Mr. Warhaft: -- and -- City ofMiami Page 82 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 10:30 AM PH.4 07-00555 Department of Community Development Vice Chairman Sanchez: -- courtesy. He wants more information. Hr. Warhaft: --I would like to be able to represent my client properly and -- Vice Chairman Sanchez: You'll come back again and you represent them. Don't worry about it. You'll have another -- you'll have plenty of time to defend your client, counsel. Have a good day. Have a good weekend. A sign language interpreter translated discussion of items PH.4 - PH9 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, PREVIOUSLY ALLOCATED TO THE MIAMI PARKING AUTHORITY (ALTERNATIVE PROGRAMS, INC.); AUTHORIZING THE ALLOCATION OF SAID FUNDS, TO THE ALTERNATIVE PROGRAMS, INC., FOR INCREASES IN THE PROJECT COSTS, FOR THE REPLACEMENTS OF WINDOWS AND THE ROOF OF THE ALTERNATIVE PROGRAMS FACILITY LOCATED AT 151 NORTHWEST 60TH STREET, MIAMI, FLORIDA, DUE TO THE CITY OF MIAMI'S INSURANCE REQUIREMENT, INCLUDING PERFORMANCE BONDS, LIABILITY AND SECURITY SERVICES ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT, WITH SAID AGENCY FOR SAID PURPOSE. 07-00555 Legislation .pdf 07-00555 Exhibit .pdf 07-00555 Exhibit 2 .pdf 07-00555 Exhibit 3 .pdf 07-00555 Exhibit 4 .pdf 07-00555 Summary Form.pdf 07-00555 Ad.pdf 07-00555 Text File Report.pdf 07-00555 Fund Transfer .pdf 07-00555 Argeement.pdf 07-00555 Text File Report 2 .pdf 07-00555 Pre-Attachment.pdf 07-00555 Amendment.pdf 07-00555 Text File Report 3 .pdf 07-00555 Pre -Attachment 2 .pdf 07-00555 Argeement 2 .pdf 07-00555 Text File Report 4 .pdf 07-00555 Pre -Attachment 3 .pdf 07-00555 Amendment 2 .pdf 07-00555 Pre -Attachment 4 .pdf 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 Absent: 2 - Commissioner Gonzalez and Regalado City ofMiami Page 83 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 PH.5 07-00556 Department of Community Development R-07-0261 Vice Chairman Sanchez: All right. Let's go ahead and -- Commissioner Regalado, you -- if you would allow us to take the public hearings now. We do have -- Commissioner Regalado: Yes. Vice Chairman Sanchez: -- the translator, who has to leave, and we'll -- Commissioner Regalado: Of course. Vice Chairman Sanchez: -- get your items in -- after the recess, so let's go ahead and start with PH.4. It's a resolution. It was properly advertised for 10:30. Let's go ahead and get those items out of the way. Madam Director, you're recognized. Barbara Gomez: Barbara Gomez, director of the Department of Community Development. PH.4, we're requesting a transfer of $25, 000 from Miami Parking Authority to the Alternative Program. This is basically -- was money that it was allocated to them from the original, and it's basically because we need it to pay for the performance bond on a project that they are working on. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: So move by Commissioner Spence -Jones, second by Commissioner -- Commissioner Sarnoff Sarnoff. Vice Chairman Sanchez: -- Marc Sarnoff. Before we open it up for discussion, it is a public hearing, 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 for discussion. Any discussion on the item? If not, it is 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 EXTENDING THE MIAMI UNLEADED PROGRAM'S GEOGRAPHICAL BOUNDARIES TO ENCOMPASS MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR SAID PURPOSE. 07-00556 Legislation .pdf 07-00556 Summary Form.pdf 07-00556 Text File Report .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 84 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 R-07-0262 Direction by Commissioner Spence Jones to the Administration to provide a report of all unleaded properties of the people who have applied to participate in the Miami Unleaded Program in District 5. Vice Chairman Sanchez: And we go to PH (Public Hearing) number 5. Barbara Gomez (Director, Community Development): PH.5, we're requesting -- we currently have a program called the Unleaded Program, and it was basically at the City ofMiami boundaries, and we are requesting permission to expand it through Miami -Dade County. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff Mo -- so move. Vice Chairman Sanchez: Motion by Commissioner Spence -Jones -- Commissioner Sarnoff Second by -- Vice Chairman Sanchez: I'm sorry, Commissioner Sarnoff -- second by Commissioner Spence -Jones. Commissioner Spence -Jones: Discussion. Vice Chairman Sanchez: Discussion on the item. Commissioner Spence -Jones: Yes. Barbara, I know that -- I see -- one of the things that, in our briefings, was that there was a problem with people taking advantage of the program. Ms. Gomez: Correct. Commissioner Spence -Jones: Now I know for a fact we had a list of people, you know, from our district that -- from District 5 that benefited -- could benefit from the program that actually tested -- to my understanding, had led in those programs. Ms. Gomez: There -- there's two issues, not -- number one, it has to have led in the house, and you must have a six -year -old living in the property. We have not been successful. The -- we've only been able to complete 12. We have a goal of 270. We've been very proactive. They've been advertising. There's some that just will not let you put a mortgage on the property for ten years. Vice Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Nina West, you're recognized for the record. Two minutes, please. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I think this is a very important issue. I want you to know that I have a piece of property in Buena Vista. I wanted to give it over to Community Gardens for several years. Nobody can grow vegetables there because it's full of lead and arsenic. Where does this come from? This comes from people who are chipping off paints in houses and all is -- with the old lead and everything else, with no supervision anywhere. The kids cannot walk barefoot in the grass because it's dangerous, and I think this is more than just what issue you're speaking about. I think there's a lot that needs to be looked into. We have an absolute public health hazard here. I have been talking to people about it for several years. It has not been addressed. Ms. Spence -Jones -- Commissioner Spence -Jones is the first one that I know of who has put some effort into this, and I would like to see a lot more done about this. This is real hazard. City ofMiami Page 85 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 PH.6 07-00557 Department of Community Development Vice Chairman Sanchez: Thank you very much. Anyone else from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we go to PH -- Commissioner Spence -Jones: Barbara -- Vice Chairman Sanchez: -- 6. Commissioner Spence -Jones: -- can you just give me a listing of all of the Unleaded properties of the people that have applied in my district? Ms. Gomez: Yes, I will. Commissioner Spence -Jones: Provide me with that report. Thanks. Ms. Gomez: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO INCREASE THE INCOME LIMITS OF HOMEBUYERS PURCHASING PROPERTY FROM DEVELOPERS BUILDING AFFORDABLE HOUSING PROVIDED BY THE CITY OF MIAMI, FROM 80% TO 120% OF THE AREA MEDIAN INCOME, SUBJECT TO APPLICABLE REQUIREMENTS OF THE FUNDING SOURCE; FURTHER COMMITTING TO PROVIDE SECOND MORTGAGE FINANCING TO SUCH BUYERS FOR THE PURCHASE OF THE PROPERTIES. 07-00557 Legislation .pdf 07-00557 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0263 Vice Chairman Sanchez: All right. PH.6. Barbara Gomez (Director, Community Development): PH.6, we are requesting to increase the income limit of homebuyers purchasing properties from developers building affordable housing, but with properties that were provided by the City, and we're increasing the income limit from 80 percent to 120 percent. Vice Chairman Sanchez: All right. It's a resolution. Is there a motion? Commissioner Regalado: Just for the record, Mr. Chairman -- Vice Chairman Sanchez: Can we get a motion and a second for the purpose of discussion? Is there a motion? City ofMiami Page 86 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff I'll -- Commissioner Regalado: I'll move it. Commissioner Sarnoff -- move. Commissioner Regalado: I'll move it for discussion. Vice Chairman Sanchez: All right. There's a motion. The motion is made by Commissioner Regalado, second by Commissioner -- Commissioner Sarnoff Sarnoff. Vice Chairman Sanchez: -- Sarnoff. The item is under discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Could you explain the numbers? In reality, the guy that makes 40,000, now person that makes 90,000 or --? Ms. Gomez: No. It's -- basically, it's on a person of one will be up to $56,000. Commissioner Regalado: So one -- and before was? Ms. Gomez: It was in the 40's, low 40's. Commissioner Regalado: So it's $50, 000? Ms. Gomez: Correct. Commissioner Regalado: After 50,000? Ms. Gomez: And it's family income, meaning everybody in the family, there's a maximum amount of money that they can earn. Commissioner Regalado: So if a person makes more than 50,000 --? Ms. Gomez: They're not allowed to buy the house. Commissioner Regalado: They're not allowed to buy, OK. Vice Chairman Sanchez: All right. Any further discussion? All right. It's open to the public. Anyone from the public wishing to address this item, please step forward and be recognized; coming back to the Commission for discussion. Hearing none, 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. This makes it easier for families to qualify. That's -- PH.7 07-00558 RESOLUTION Department of "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND Community APPROVAL BY CITY ATTORNEY." Development City ofMiami Page 87 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN AN AMOUNT NOT TO EXCEED $144,124.04, PREVIOUSLY ALLOCATED TO THE ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL, INC.; AUTHORIZING THE ALLOCATION OF SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG SINGLE FAMILY REHAB PROGRAM, FOR THE PROVISION OF THE SINGLE FAMILY REHAB PROGRAM. 07-00558 Legislation .pdf 07-00558 Exhibit .pdf 07-00558 Summary Form.pdf 07-00558 Ad.pdf 07-00558 Pre -Legislation .pdf 07-00558 Pre -Legislation 2 .pdf 07-00558 Services and Social Programs .pdf 07-00558 List.pdf 07-00558 Text File Report.pdf 07-00558 Pre -Attachment .pdf 07-00558 Amendment .pdf 07-00558 Pre -Attachment 2 .pdf 07-00558 Pre -Attachment 3 .pdf 07-00558 Amendment 2 .pdf 07-00558 Amendment 3 .pdf 07-00558 Pre -Attachment 4 .pdf 07-00558 Pre -Attachment 5 .pdf 07-00558 Agreement .pdf 07-00558 Agreement 2 .pdf 07-00558 Pre -Attachment 6 .pdf 07-00558 Pre -Attachment 7 .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: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0265 Vice Chairman Sanchez: All right. PH.7, resolution. Barbara Gomez (Director, Community Development): PH.7, we're requesting the transferring of fund from the Community Development program that was awarded to the Association for the Development to be transferred to Single Family Rehab for the provision of Single Family Rehab Program. This is 144,124.04. Vice Chairman Sanchez: All right. I make -- well, I would make a motion to deny this, and -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- it's -- Well, you can't. You're -- Commissioner Sarnoff I know. I've just shut up. Vice Chairman Sanchez: -- the Chair. I need a second for the purpose of discussion. City ofMiami Page 88 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: I'll second. Vice Chairman Sanchez: All right. For discussion on the item, Barbara, we've had a conversation on this. I think if we send a clear message out there that we're in the business of helping people, not pulling the rug from underneath them. I think that we, the government, has stepped forward to help a great agency that has really focus on providing great service for people that are disabled in our community, and it's not to our fault or their fault, and I think that when we sit down at the table with them and see the hurdles that they're placed on -- and it's not their fault or our fault. Right now they're going through the process of getting permitting, and they've had some obstacles in the way. The only thing that I ask is that somehow if we could work with you to somehow switch the funds to allow them 90 days -- and I think, within 90 days, they could get the -- yes. Listen, I could only go as far as I could go -- where I think, 90 days, they could start that process if we're willing to commit with them on the permitting process to help them out. Ms. Gomez: Commissioner, first of all, let me say that it is a great training facility, if we could build it. Unfortunately, they have had a lot of hurdles, not only from the planning perspective, but right now, they do have a shortage in their budget, which is approximately $75, 000. I don't think that they will be able to get $75, 000 in 90 days. If you want -- and the representative here from that association is here, and they can -- she can address you better than I can. If you want us to continue working with them -- and we've been working with her since 1998 in this project -- we're going to have to give her additional time. There's no way that, through fundraising or the County, she will be able to get the money to complete the project. Vice Chairman Sanchez: I understand that, and you've said it better than I have. We have been working with them. They're a great organization. If they weren't a great organization, I wouldn't -- Ms. Gomez: Right. Vice Chairman Sanchez: -- be wasting my time, but they are a great organization, and I think that if we could work with them to allow them a reasonable amount of time for them to get this done, I just hate to pull that -- Ms. Gomez: Right. Vice Chairman Sanchez: -- fund away from them -- Ms. Gomez: Right. Vice Chairman Sanchez: -- when they are -- Ms. Gomez: Right. Vice Chairman Sanchez: -- they have already done a lot of things to try to get this accomplished and get -- be -- you know, get it to be a reality. Ms. Gomez: If you're -- if you want us to continue working with her, I do not have a problem working with this organization, but -- Vice Chairman Sanchez: But I want to -- Ms. Gomez: -- then let's cap it at September 30. City ofMiami Page 89 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- put a time frame. Ms. Gomez: Let's cap it at September 30, give her that -- the time for the executive director to look for these funding. If she can, then we can revisit it again. Vice Chairman Sanchez: Helena, please come up -- Ms. Gomez: And Helena can address the Board. Vice Chairman Sanchez: -- and address the Commission. I have the outmost [sic] respect for what you do. Ms. Gomez: Right. Vice Chairman Sanchez: I see what you do, and if everyone saw what you did, I think, out of the kindness of their hearts, they would work with your organization to try to help you. I think you need to explain what we're trying to do here to try to help you accomplish, which is where we're trying to get a kitchen for your facility, and you cater to individuals with disability. Helena del Monte: Exactly. Helena del Monte, executive director of the Association for the Development of the Exceptional, 2801 North Miami Avenue. Honorable Commissioner, City Manager, and Madam Director, in a nutshell, we all -- it's been expressed what we do. We take adults with developmental disabilities, and we empower them with different employability skills, then we place them in the community. One of the areas that we've been very successful at is in the food preparation and restaurant maintenance. We get them jobs all over the fast food markets, restaurant markets. For the past seven years, we've been doing a program in conjunction with Dade County Public School Systems, where we frain them in their professional training kitchen at the HAC (Homeless Assistance Center) Center, and it's always been our dream to bring that professional training kitchen, which would be basically like a small Johnson & Wales, but catered to their disabilities, into our program so we no longer have to incur the liability of doing it elsewhere. I think the main obstacle for this project is it has been that we've gotten our funding in very small amounts, so we've been leveraging monies for the past eight years. It's not like we were given the bulk of the funds and we've taken eight years to do the project. We were first given 50,000 back in '99. Then two -- three years later, we were given another ninety-seven, eight, of which those monies have already been spent. Then we were caught up in the boom of the construction business, where everything tripled. After Wilma, we were also, you know, at a standstill. Miami lost contractors. Nobody wanted to do a small project such as ours, and then, all of a sudden, we found that the ninety-seven, eight that we had was really nothing to be able to do a project of this magnitude, so a year and a half ago, we were given another hundred and forty -thousand, you know, by this Commission, and we're very, very grateful of that, and it was like a year and a half two years ago, that we really began to see the probability of building, so that's when we started our -- and I want to also say that we've been very instrumental in finding in -kind funds, like for example, the firm of Woljberg, Alfred, Alvarez & Partners, which I want to thank, did the architectural pro bono, and that's wonderful, but that also means that we're at their mercy. Sometimes they take a little longer than -- you know, so it's been like one thing after another, and you know, again, an investment has already been made of ninety-seven, eight, which is the old money that has already been spent because we've purchased our equipment and in soft cost -- Vice Chairman Sanchez: All right. Ms. del Monte: -- so basically, it is the new money that has not been spent yet, and we've had a lot of problems, especially with the fire segment of the permit, but I think that, once and for all, you know, we're getting through that hurdle, and as the clock goes on, then everything in Miami continues to be at a higher cost. Also, I want to say this is a cost reimbursable. We buy a box of City ofMiami Page 90 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 nails, and we get the box of nails, you know, back, so zero stays with the agency. It's just the merit of having the kitchen that will not only serve adults with disabilities, but maybe we can open it up to single mothers to -- I mean, to a whole world. Vice Chairman Sanchez: Ms. del Monte, by extending it to September 30 -- Ms. del Monte: I can get probably -- Vice Chairman Sanchez: No, no. Ms. del Monte: -- my permitting, but I can't have the kitchen done. I need an extension of a year to have the kitchen done, and I'm shorted -- I'm short 70,000, and I will do all in my power to beg other sources, but I can't do that kitchen in three months, Commissioner. It's impossible. Commissioner Sarnoff What -- let me -- Vice Chairman Sanchez: City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me. I do concur with your September 30 date, in order to keep monitoring the progress. The item has been -- is going -- right now, the project is going through the permitting process, and there are some issues related to fire that, I understand, they're reasonable, and they should be able to resolve those items, so they could get the permit. She also needs an additional 70 to $75, 000 to be able to move forward. I think that if we could tie to the September 30 date, number one, having the permit, getting the funding, and be able to, at least, break ground or initiate the project, that would be more doable. Ms. del Monte: Yes. Vice Chairman Sanchez: Listen, I don't want to fund you to fail, OK? Ms. del Monte: Of course, and -- Vice Chairman Sanchez: The reason why -- Ms. Gomez: Right. Vice Chairman Sanchez: -- you're here is, as I stated before, you have a great organization, and I think it's our responsibility to help organizations that are out there performing as they should be, and I have organizations that don't come in front of me because I disagree with the level of service they're providing, but with you, it's an exception, so if we're able to work together through the leadership of the Administration, the department, and yourself I am more than OK with it, and I think the other Commissioners may want to add. I would make the motion to extend it to September 30, with the conditions that have been proffered by the City Manager. Commissioner Sarnoff I just want to understand something, and that's about the 75 or $70, 000 shortfall you have. Can you explain that? Ms. del Monte: It's just that to be able to continue, you know -- or the actual construction phase of the project -- Commissioner Sarnoff Right. Ms. del Monte: -- we're $70,000 short. City ofMiami Page 91 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff So it's not an operating shortfall; it's a construction shortfall. Ms. Gomez: Construction. Ms. del Monte: All construction; there's zero operations here. It's a cost reimbursable project. Vice Chairman Sanchez: But with all due respect -- Commissioner Sarnoff No. I under -- Vice Chairman Sanchez: -- I think that when we're in a situation like this -- Commissioner Sarnoff That's a much better -- Vice Chairman Sanchez: -- there's always -- Commissioner Sarnoff -- place to be. Vice Chairman Sanchez: -- you could always cut back a little bit. Commissioner Sarnoff Correct. It's a much better place to be than there be operating shortfalls. Ms. Gomez: So what we are saying is that we will modify the resolution to extend till September 30, and by September 30, we would have permits pulled, and the construction should have started, and the funding, the shortage, we would be able to account that the project is completed funding. Commissioner Sarnoff Mr. Manager. Mr. Hernandez: I wanted to add that if you would authorize the Adminisfration, the department to look to see if we have a way for the City to cooperate with bridging that funding gap. Vice Chairman Sanchez: Fine with me. Mr. Hernandez: Because of the fact that I understand it is a very worthwhile -- Commissioner Sarnoff Can we -- Mr. Hernandez: -- project, and -- Commissioner Sarnoff -- take that as a friendly amendment to you, Commissioner Sanchez? Vice Chairman Sanchez: It's in your disfrict; I would. Commissioner Sarnoff Well, it's your motion; that's why I'm asking. Vice Chairman Sanchez: I'm prepared to withdraw it if you -- Commissioner Sarnoff I'd like -- well, I'd like to use your motion and add the amendment that the Adminisfration would help find further funding sources. Vice Chairman Sanchez: Absolutely. Commissioner Sarnoff There is a public hearing. Would anybody like to make comment? City ofMiami Page 92 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Hearing none, seeing none, we're up for a vote. Priscilla A. Thompson (City Clerk): Before you vote, please, I need clarity. We have a motion on the floor originally for the denial of the resolution, and then -- Ms. Gomez: So we are amending that resolution. Ms. Thompson: Oh, hold on. Vice Chairman Sanchez: We're amending the resolution. Ms. Thompson: Hold on. Vice Chairman Sanchez: The resolution right now that stands is to extend this resolution, September 30, with the conditions that have been proffered by the City Manager. Ms. Thompson: Again, you have a motion on the floor first to deny the resolution, OK? Vice Chairman Sanchez: I withdraw the motion. Ms. Thompson: Thank you. Thank you. Vice Chairman Sanchez: The motion thatl will proffer is to extend 30 days with the conditions that have been proffered on the record by the City Manager, and I, of course, as the maker of the Ms. Gomez: To extend till -- Vice Chairman Sanchez: -- motion -- Ms. Gomez: -- September -- Ms. del Monte: September 30. Ms. Gomez: -- 30. Vice Chairman Sanchez: September the 30, accept the friendly amendment. Ms. Thompson: And your seconder? Vice Chairman Sanchez: The second -- Commissioner Sarnoff The second was Spence -Jones; was it not? Commissioner Spence -Jones: Yes. Ms. Thompson: Thank you. Commissioner Sarnoff So let's call for a vote. All in favor, please say "aye. The Commission (Collectively): Aye. Commissioner Sarnoff All those against, please state your opposition. It carries. Jorge L. Fernandez (City Attorney): Mr. Chairman. City ofMiami Page 93 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: Mr. Chairman, ifI may. Mr. Fernandez: Just want to make sure that the Clerk is clear. The item, as stated on the agenda, was to take the money away from Development of the Exceptional, Inc. and pass it to CDBG (Community Development Block Grant). Ms. Thompson: Correct. Mr. Fernandez: Now the motion that just passed was to keep the money -- Commissioner Sarnoff Right. Mr. Fernandez: -- where the money presently is and give it an extension of time. Commissioner Regalado: Correct. Mr. Fernandez: Are you clear? Ms. Thompson: Yes, and that is why I wanted to make sure because I think we lost the fact that there was a motion to deny on the floor -- Mr. Fernandez: Yeah. Ms. Thompson: -- and we needed to deal with that first. Mr. Fernandez: That's right. Ms. Thompson: Thank you. Commissioner Regalado: Mr. Chairman, ifI may. You know, the thing of the kitchen has been on and on for years, and I think we need to resolve that. We also need to start thinking about the June meeting that we're going to have for Community Development because this year, as every year, there will be a deficit from the federal government, and there will be the need to fund all the programs that we have been funding. I know that there is the political will to go into the general fund to look for the balance of the deficit, and I am always, always supportive of that because social services is part of the daily operation of the government, butt have to tell you that if we are going to prepare for what is coming -- and it's coming -- and if we do something in terms of funding, and then after the fact, at budget time, we have to do a reduction all across-the-board, and if we defund some small amount of money from social services come the next fiscal year, this will have an extraordinary impact on social services because one percent is bad; two percent is bad, and ten percent will be that she would have to let go five patients or ten clients, and you know, (UNINTELLIGIBLE) Center will have to cancel 50 meals, and Little Havana will have to do this, and De Hostos -- so I -- you know, I think that we should just be aware that social services, we need to fine-tune where the funds are coming because, you know, when drastic time comes -- and it will -- you know, there will be the need to say ten percent across-the-board. We will all agree with that, but there will be a collateral casualty, that is the social service. I'm just saying that we need to think through this issue because it's very important because any department can live maybe with a ten percent cut, but no social program can live with a ten percent cut, so that's -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- an idea. City ofMiami Page 94 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 PH.8 07-00559 Department of Community Development Vice Chairman Sanchez: OK. Madam Clerk, I think we voted on that, and -- Ms. Thompson: Yes. Vice Chairman Sanchez: -- which item do we move on to now? We're in -- Ms. Gomez: PH (Public Hearing) -- Ms. del Monte: I just wanted to -- Ms. Gomez: -- 8. Ms. del Monte: -- thank -- Vice Chairman Sanchez: PH.8. Ms. del Monte: -- everybody. Vice Chairman Sanchez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TO PALMETTO HOMES OF MIAMI, INC. ("PALMETTO HOMES"), AN EXTENSION OF TIME UNTIL DECEMBER 31, 2007, IN WHICH TO: (1) COMPLETE CONSTRUCTION OF, AND SELL, THE HOME LOCATED AT 5812 NORTHWEST 15 AVENUE, MIAMI, FLORIDA , AND (2) COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1468 NORTHWEST 61 STREET AND 1466 NORTHWEST 61 STREET, MIAMI, FLORIDA; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO THE PROPERTIES LISTED ON EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEEDS THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO PALMETTO HOMES, AND ALL NECESSARY OTHER DOCUMENTS, FOR SAID PURPOSE. 07-00559 Legislation .pdf 07-00559 Exhibit .pdf 07-00559 Summary Form.pdf 07-00559 Website.pdf 07-00559 Quit Claim Deed .pdf 07-00559 Website 2 .pdf 07-00559 Corrective Quit Claim Deed .pdf 07-00559 Website 3 .pdf 07-00559 Corrective Quit Claim Deed 2 .pdf DEFERRED R-07-0266 A motion was made by Commissioner Sarnoff seconded by Commissioner Spence -Jones, and passed unanimously, with Chairman Gonzalez absent, to defer item PH.8 to the Commission meeting currently scheduled for May 24, 2007. City ofMiami Page 95 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Barbara Gomez (Director, Community Development): PH.8, we are requesting extension offive properties that are being develop by Palmetto Home [sic], and this was a couple of -- we had a couple of issues; one being DERM (Department of Environmental Resource Management); another one being that we had to negotiate with the community, so we need to extend some of those deed in order for -- to start construction on those houses. Commissioner Sarnoff May l make a comment, Mr. Chairman? Commissioner Spence -Jones: Sure. Commissioner Sarnoff I've looked into Palmetto Homes, Inc., and Palmetto Homes, Inc. is an inactive corporation; has been inactive in the state of Florida for a number of years. It is inappropriate for any corporation to take any affirmative business unless they have filed their corporate documents and are up to date in -- Commissioner Spence -Jones: Are you -- Commissioner Sarnoff -- the corporate record. Commissioner Spence -Jones: -- aware of that, Barbara? Ms. Gomez: I'm not. I'll check to see what's their legal name, but definitely, if that's the case, the last time we negotiated with them, that we did a closing with them, was like two years, but will check. Then let's defer the item and I'll be back. Commissioner Sarnoff Yeah. That's all ask because -- Ms. Gomez: Yeah. Commissioner Sarnoff -- I just think -- I think when a corporation comes before this Commission, it must do so in good standing. Ms. Gomez: Yeah. Commissioner Spence -Jones: Yeah. Ms. Gomez: Let's defer the item, and I will be back because I really don't know. Commissioner Spence -Jones: And I just want -- again, these are one of the houses that you actually went to visit. I think all three of you might have gone to visit the houses, so actually, it's one of the best builders that we do have in the Liberty City/Model City area that's actually producing. I believe we have about ten houses. As a matter of fact, Commissioner Sarnoff, that was the last house that you went to visit -- Commissioner Sarnoff No. I don't -- City ofMiami Page 96 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Spence -Jones: -- in the area. Commissioner Sarnoff -- mean to comment on -- Commissioner Spence -Jones: No, no, no, and -- Ms. Gomez: No, but maybe they did change -- Vice Chairman Sanchez: All right. Ms. Gomez: -- their name or -- Commissioner Spence -Jones: Yeah. Ms. Gomez: -- something. Commissioner Spence -Jones: Right. Ms. Gomez: We'll come back. Commissioner Spence -Jones: Right. I just wanted to make sure we don't -- I just wanted to make sure that we don't -- Ms. Gomez: We'll come back. Commissioner Spence -Jones: -- for whatever reason, we work on it, but do want to say this. I want to make sure, though, with Palmetto Homes, the -- I just have a concern with us extending stuff and not moving some of the projects. You know, while he has built the ten, I don't want to sit on -- Ms. Gomez: No. Commissioner Spence -Jones: -- there's some other folks that have also gotten lots that still have not been built on, and I know that Model City Trust has been working on -- excuse me, Liberty City Trust has been working with their department to do that, to move some of them. I just don't want to see us coming back and forth in front of the Commission extending, Barbara -- Ms. Gomez: Yeah. Commissioner Spence -Jones: -- so if they haven't moved some of these properties -- it looks like there are still some vacant ones that are left there that have the lots. You know, I don't want to -- if this is the second or third time for us to extend them, then maybe they just can't do it. Ms. Gomez: OK. Commissioner Spence -Jones: Palmetto just happens to not be one of them, but I'm talking -- really speaking in reference to the others. Ms. Gomez: OK. Vice Chairman Sanchez: Let's continue it to May 24. Commissioner Spence -Jones: Thank you. City ofMiami Page 97 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Gomez: OK. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Need a motion. Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. All in -- Commissioner Regalado: That's to defer? Commissioner Sarnoff To -- Commissioner Spence -Jones: Yes, to defer to May 24. Vice Chairman Sanchez: Defer or continue? Ms. Thompson: To defer to May 24 -- Vice Chairman Sanchez: OK. All in favor -- Ms. Thompson: -- '07. Vice Chairman Sanchez: -- say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. "[Later...]" Vice Chairman Sanchez: All right. Where are we at now? Is that it? That takes care of the public hearing? Why don't we do something? Why don't we go --? Commissioner Spence -Jones: OK. I just want to -- Vice Chairman Sanchez: PH.8. Commissioner Spence -Jones: -- address -- Vice Chairman Sanchez: I'm sorry. PH.8 is being brought back. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: We don't need a motion to reconsider. We could just -- need a motion to reconsider? All right. Is there a motion to reconsider PH.8? Make the motion. Commissioner Spence -Jones: Motion to reconsider. Vice Chairman Sanchez: There's a motion to reconsider. Is there a second? City ofMiami Page 98 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: I'll second. Vice Chairman Sanchez: Second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." OK, PH.8 has been reconsidered, and it's being brought back for a vote. OK. Unidentified Speaker: OK. Vice Chairman Sanchez: Have we checked on the --? It's active? Unidentified Speaker: Yes. Vice Chairman Sanchez: OK. All right, so we've -- we all agreed that Palmetto Home [sic] of Miami, Inc. is a valid organization, an active organization. Status is active, OK. Let's -- Madam Director, you're recognized for the record, on PH.8. All right, folks, it's a public hearing, so after we get a motion -- is there a motion? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Always a pleasure. Charles Cutler: My pleasure, sir. Charles Cutler, 6116 Northwest 7th Avenue. I'm in support of Palmetto Homes. They've been doing affordable housing in the area for a long time, and they got one of the best products on the market, so I think that they should be afforded the opportunity to be able to continue to build houses within the inner city. Thank you. Vice Chairman Sanchez: Thank you very much. Barbara, you've already put your stuff on the record. Do you want to put it again? Ms. Gomez: We -- Vice Chairman Sanchez: Huh? Ms. Gomez: No. It's -- Vice Chairman Sanchez: No, not really? Ms. Gomez: --just an extension. Vice Chairman Sanchez: OK. Any further discussion from the Commission? OK. It is a resolution. Public hearing has been closed. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion City ofMiami Page 99 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 PH.9 07-00560 Department of Community Development carries, and as it stands, the meeting is in recess. We'll be back at 2:30? Commissioner Regalado: 2:45? Vice Chairman Sanchez: 2:45 is good enough, and then, just a reminder, we do have a CRA (Community Redevelopment Agency) meeting today, and hopefully, we'll be out of here by 5. City Commission meeting stands in recess. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $250,000, PREVIOUSLY ALLOCATED TO THE CITY OF MIAMI DEPARTMENT OF ECONOMIC DEVELOPMENT; ALLOCATING SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 BUSINESS CORRIDOR COMMERCIAL EXPANSION AND REHABILITATION PROJECT AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO BE USED FOR THE REHABILITATION OF THE EXTERIOR OF COMMERCIAL BUILDINGS THAT WILL RESULT IN THE CREATION OF JOBS FOR LOW TO MODERATE INCOME INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-00560 Legislation .pdf 07-00560 Exhibit .pdf 07-00560 Summary Form.pdf 07-00560 AD .pdf 07-00560 Text File Report.pdf 07-00560 Pre -Attachment .pdf 07-00560 Treatment Program .pdf 07-00560 Agreement .pdf 07-00560 Agreement 2 .pdf 07-00560 Text File Report 2 .pdf 07-00560 Text File Report 3 .pdf 07-00560 Pre -Attachment 2 .pdf 07-00560 Amendment .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0264 Vice Chairman Sanchez: And we go to PH.9. Barbara Gomez (Director, Community Development): PH.9, we're requesting approval to transfer $250, 000 that was allocated to Economic Development, and transfer said funds to the Department of Community Development for District 5 business corridor commercial expansion. Vice Chairman Sanchez: All right. Need a motion. Commissioner Spence -Jones: So move. Vice Chairman Sanchez: Motion by Commissioner Spence -Jones -- City ofMiami Page 100 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: Second. Vice Chairman Sanchez: -- second by Commissioner Regalado. Before we open it for discussion, 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. No further discussion from the Commission. 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. PH.9. Unidentified Speaker: Thank you. Vice Chairman Sanchez: That was completed. City ofMiami Page 101 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 ORDINANCES - SECOND READING SR.1 06-02031 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Economic 56, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Development 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 Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12913 Vice Chairman Sanchez: PH.7 is a resolution. That -- we've done that one. Commissioner Spence -Jones: SR.1. Vice Chairman Sanchez: SR.9 [sic]. Let's go to SR.9 [sic]. Commissioner Spence -Jones: SR.1. Priscilla A. Thompson (City Clerk): SR (Second Reading) -- Vice Chairman Sanchez: SR.1. Let me just get there. All right. SR.1. Lisa Mazique (Director): Lisa Mazique, Department of Economic Development. Commissioners, we have here for second reading our tax abatement ordinance to implement for the Department of Economic Department. Were there any questions? Vice Chairman Sanchez: All right. Listen -- is there a motion? Commissioner Regalado: I move it. Vice Chairman Sanchez: There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Regalado, second by Commissioner Spence Jones on this item. I have some concerns on this, but you know what? I'd like to request a meeting City ofMiami Page 102 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 with you and talk about it in private. Ms. Mazique: Yes, sir. Vice Chairman Sanchez: OK? Ms. Mazique: Yes, sir. Thank you. Vice Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." Priscilla A. Thompson (City Clerk): It's a resolu -- Jorge L. Fernandez (City Attorney): This -- it's an ordinance. Vice Chairman Sanchez: I'm sorry. It's an ordinance. It's a public hearing. Anyone from the public wishing to address this item on second reading, please step forward and be recognized. Seeing none, hearing none, Mr. City Attorney, could you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. SR.2 07-00440 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David Sarnoff 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12918 Vice Chairman Sanchez: All right. SR.2, it's an ordinance on second reading. This ordinance -- City ofMiami Page 103 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff I'm sorry. Vice Chairman Sanchez: Commissioner Sarnoff this is your ordinance. Commissioner Sarnoff This is the second reading of the disclosure ordinance. We've been operating under the disclosure resolution. It is essentially the same terms, same conditions that the City Manager [sic] opens up every meeting with. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. It's an ordinance on second reading. It's open to the public. Anyone wishing to address this item, please step forward and be recognized. Seeing -- Nina. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I just want to thank Commissioner Sarnoff and the rest of the Commissioners for supporting this long -needed, much -needed ordinance. It's very important that people know who is supporting things and who is not. Thank you. Vice Chairman Sanchez: OK. Thank you. It's an ord -- public hearing is closed. Second reading. Mr. City Attorney, read it into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): Yes, SR. 2. 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 adopted on second reading, 4/0. City ofMiami Page 104 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 ORDINANCES - FIRST READING FR.1 07-00562 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Planning 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," MORE PARTICULARLY BY ADDING A NEW ARTICLE ENTITLED "AD VALOREM TAX EXEMPTION," WHICH ESTABLISHES A CITY OF MIAMI ("CITY") AD VALOREM TAX EXEMPTION PROCESS FOR IMPROVEMENTS TO ARCHITECTURALLY AND HISTORICALLY SIGNIFICANT STRUCTURES IN THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00562 Legislation .pdf 07-00562 Summary Form.pdf 07-00562 Fact Sheet.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: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado Vice Chairman Sanchez: All right. We go to S -- no, we go to FR.1. It's an ordinance on first reading. Planning Department. Ellen Uguccioni: Good afternoon, Mr. Chairman, members of the Commission. Ellen Uguccioni, historic preservation planner. Back in October of 2006, we were directed to prepare for you an ad valorem tax incentive for historic properties, and we, in fact, drafted that legislation, and bringing it to you today. What it does is allows historic properties that are improved to have the improvement portion of the taxes, just Miami's taxes, waived for a period of up to ten years, if they make those improvements according to (UNINTELLIGIBLE) basically, and it's -- keeps in character. This is a -- really a drop in the bucket in terms of the City's ad valorem tax revenues. We can't project the future because this is, in fact, based only on improvements, not on existing tax base, and it has been very successful in other communities, and as you know, there's a huge challenge in trying to maintain historic properties, and we would really appreciate your consideration. Vice Chairman Sanchez: All right. Ms. Uguccioni: Thank you, sir. Vice Chairman Sanchez: Is there a motion? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: There's -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- a motion -- hold on. There's a motion by Commissioner Sarnoff. There's a second by Commissioner Spence -Jones. Before we go to discussion, it is open to the public. You're recognized. Judith Sandoval: I wish to support this. City ofMiami Page 105 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Judy. Ms. Sandoval: It's very expensive to restore historic properties, and I can tell you because I live in one, and I've been spending thousands of dollars on it for 25 years and it's never finished. I hope that you will support this ordinance. Priscilla A. Thompson (City Clerk): May we have a name for the record, please? Vice Chairman Sanchez: She needs no introduction. Ms. Thompson: For the purposes of our records, yes. Vice Chairman Sanchez: Please, please. Judy, please, put -- Commissioner Spence -Jones: Judy, they need you. Vice Chairman Sanchez: -- come up and -- listen, the City Clerk runs these meetings. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. Vice Chairman Sanchez: All right. Coming back for discussion, let me just say that this is a good thing for the City. Coral Gable [sic] has it. As you said, I mean, just the amount of money you spend on restoring, and you certainly don't get it back, the equal amount, so it's no giveaway, and this is certainly one of the things that we need to be doing if we want to restore the true treasures that we have here in our City, so compliments to all for putting together this ordinance. Mr. City Attorney, read the ordinance into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Commissioner Regalado: Roll call. Commissioner Spence -Jones: Roll call. Vice Chairman Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. Vice Chairman Sanchez: Bravo. FR.2 07-00461a ORDINANCE Emergency Ordinance District2- "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND Commissioner APPROVAL BY CITY ATTORNEY." Marc David Sarnoff AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-3, TO CLARIFY THE APPLICANT'S ASSUMPTION OF LIABILITY; TO PROVIDE FOR RESTRICTIONS CONCERNING TEMPORARY OBSTRUCTIONS; TO PROVIDE AN APPLICATION AND PERMIT FEE SCHEDULE; CONTAINING A City ofMiami Page 106 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-00593 Legislation.pdf 07-00461a Submittal.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12919 Vice Chairman Sanchez: FR.2. Commissioner Sarnoff Mr. Chairman. Vice Chairman Sanchez: You're recognized, Commissioner Sarnoff. Commissioner Sarnoff This is an ordinance of the City ofMiami amending Chapter 54 of the Code, which would require streets and sidewalks by amending it to clarify the assumption of -- by requiring developers to provide for essentially covering on construction sites over -- you see them in New York all the time, which is the ability of a person not to be forced into the street when they walk on the sidewalk for covering and to prevent some of the extraneous things that a construction site provides, but it really is so that people are not forced out into the street. Vice Chairman Sanchez: OK. Tory, you're recognized. There is -- let's do something. Madam Clerk, is there a motion and a second already? Priscilla A. Thompson (City Clerk): On this item, no, not yet. Vice Chairman Sanchez: No. Marc, you're moving -- as amending, you're moving? Commissioner Sarnoff I'm sorry. As amended, I'm moving it, and I'm looking for my amendment, and I apologize. Here it is. I have it. Vice Chairman Sanchez: Well, it's going to require -- all right. Commissioner Sarnoff Let me discuss the amendments real -- Vice Chairman Sanchez: Yeah -- Commissioner Sarnoff -- quickly. Vice Chairman Sanchez: -- please do that. Commissioner Sarnoff What you were provided in your package has been amended on page 3, subsection 2, a refundable usage fee(s); subsection 2b, "The fee under subsection (e) (2) (b) shall not apply if a metered space, rental, or bagged meter is -- fee is being charged under in addition to the fees payable under 35-194 of the City -- Code of the City ofMiami, as amended," and then subsection (t, Mr. Chairman, same page, "There is hereby approved and established a special revenue fund pursuant to this section or the proposed herein." Of course, maybe use a little bit of language next time. Those are the amendments, Mr. Chairman. The rest of the ordinance is as stated at Section 54-3. Vice Chairman Sanchez: OK. Let's do something. There's a motion and a second. Before City ofMiami Page 107 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 discussion -- Priscilla A. Thompson (City Clerk): I don't -- I'm -- Vice Chairman Sanchez: -- let's open up to -- Ms. Thompson: -- sorry. We didn't hear a second. Vice Chairman Sanchez: There was a motion made by Commissioner Sarnoff -- Ms. Thompson: Right. Vice Chairman Sanchez: -- and I believe it was second by Commissioner Regalado. No? Commissioner Regalado: I'm sorry? Vice Chairman Sanchez: Did you second this motion? Commissioner Regalado: Yes. Vice Chairman Sanchez: OK. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. It's an ordinance on first reading, and we're on FR.2. All right, before we open it up for a discussion, let's open up the public hearing. You're recognized. Tory Jacobs: Thank you, Commissioner Sanchez, and first of all, I want to thank Commissioner Sarnofffor sponsoring this and getting this on the agenda. I'm here to speak in favor of adoption of this ordinance. It is a significant start to gaining control of our city streets and sidewalks. The use of public rights -of -way for staging construction must be regulated to minimize fraffic delays and to protectpedestrians. The construction sprawl in this City today is a dangerous cancer spreading on our sfreets and sidewalks. Emergency vehicle movement is consistently slowed, possibly even costing lives. The City has had serious exposure to damages, through pedestrian injuries, even deaths. We've been very lucky so far. Over five years ago, in January 2002, I stood before the City ofMiami Commission and presented this resolution. It's been over five years that we have been advocating this program, and I'm going to just take a moment and read this. This was here five years ago. It's a second trip. Hope we don't have to bring it down here again. That the City staff including Planning and Zoning, Building Department, Public Works impose new rules and regulations on all developers and contractors erecting buildings, working on utility projects, paving and drainage improvements so that during the course of the construction of each project, the use of public sfreets and sidewalks is not abused to the point that the rights of the residents of the City to the use of public sfreets and sidewalks is not adversely impacted, and further, that when and if a developer or contractor must make use of public sfreets or sidewalks in the temporary furtherance of a project, that the adverse impact of same be kept to an absolute minimum, is done during times of day, night, and/or weekends so that said adverse impact is minimal, and that throughout the course of the project, adequate fraffic control personnel, whether off -duty law officers or flagmen, are on duty to assure the orderly flow of traffic; that the City elected officials and staff take such other and further steps as in their professionalism and expertise may suggest to address the problems set forth above. Witness our hand and seal. The Brickell Homeowners Association. This 14th day of November 2001, so here we are, over five years later. We congratulate the City for finally recognizing the many adverse impacts from construction sprawl. Now it's like a city coming of age, with the passage of this ordinance permitting contractors building high-rises to usurp public rights -of -way for months, even years at a time; forcing pedestrians out onto the streets City ofMiami Page 108 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 with no protection in a small town, cow town stuff not in keeping with the great city that Miami is today. All the community organizations concerned about movement of traffic and providing for pedestrian safety strongly support legislative and enforcement action to follow the lead of other major cities in reducing construction sprawl and protecting pedestrians alongside construction sites. We have networked on these issues with the Miami Police Department, the Downtown Development Authority, the Brickell Area Association, FDOT (Florida Department of Transportation), moving the general -- Greater Miami Chamber of Commerce, Miami -Dade Public Works Department all recognize the problems and will applaud the action that you all are taking today. Some developers may complain about building cost increases. Yes, implementation will impact costs, but what are the costs to the community of increased travel times, increased gas consumption, increased exhaust emissions, and the lost tourists, and the lost businesses that choose other cities with less congestion? Texas A&M's, Texas Transportation Institute, in their urban mobility study covering 85 US (United States) cities, ranked Miami sixth highest in congestion, with the annual cost per peak time traveler at $869 per person in 2005. Increased building cost will be more than offset and should not be considered as a factor. Commissioners, you will be doing Miami a great service if you pass this ordinance as an emergency today, avoiding the delay of a second reading. It is a public safety matter. We have waited over five years. Let's do it today. Thank you. Ms. Thompson: I'm sorry. We need a name for the record, please. Vice Chairman Sanchez: Tory Jacobs. Mr. Jacobs: Tory Jacobs, 145 Southeast 25th Road, in Miami, the Brickell Homeowners Association. Ms. Thompson: Thank you. Commissioner Sarnoff Mr. Chairman. Vice Chairman Sanchez: You're recognized. Commissioner Sarnoff I would ask that this collegial body pass this as an emergency ordinance so that, come tomorrow, the disabled, those in their golden years and even those of us that are old-time warriors for the weekend, can walk in a -- on a sidewalk and not have to worry about going into the streets. I mean, those of us able, it may be a little easier on, but think about the mothers and the baby carriages up and down Brickell; think about the people with canes are on - - with AD -- that need the ADA (Americans with Disabilities) help to get around. The City of Miami has done a horrible job -- as a matter of fact, we were considered one of the worst cities in the United States at being ADA compliant, and I would suspect that this sprawl that we have as a result of I think, contractors or developers not caring or considerate of those for the use of the sidewalks, for the swale area, force us into precarious situations with traffic, and I think this should be passed as an emergency ordinance, and I think we have the votes here necessary to do it, so I urge my colleagues to take this opportunity to show Tory Jacobs and the Brickell folks, who are really suffering from this type of urban sprawl, to pass this as an emergency measure. Vice Chairman Sanchez: All right, so the motion that we made was not based on an emergency ordinance, so we're going to have to refract that and then make a motion on an -- as to the emergency ordinance, correct? Jorge L. Fernandez (City Attorney): Yeah, and it would require four fifth vote, and you could pass it as an emergency ordinance simply by restating it as -- Vice Chairman Sanchez: So -- City ofMiami Page 109 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Fernandez: -- an emergency. Vice Chairman Sanchez: -- why don't you re -- Commissioner Sarnoff I will. Vice Chairman Sanchez: -- withdraw your motion. Commissioner Sarnoff Let me withdraw the motion and make the following motion. Commissioner Regalado: I'll -- Commissioner Sarnoff An emergency -- Commissioner Regalado: -- withdraw my second, then, too. Commissioner Sarnoff -- let me make a motion. As an emergency ordinance of the City of Miami Commission, amending Chapter 54 of the Code of the City ofMiami, Florida, as amended, entitled "Streets and Sidewalks," by amending Section 54-3, to clarify the applicant's assumption of liability; to provide for restrictions concerning temporary obstructions; to provide an applicant [sic] and permit fee schedule; containing a repealer provision and severability clause and providing for an immediate effective date. Vice Chairman Sanchez: All right. There's a motion on an emergency ordinance, requiring a four fifth. There's -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- a motion by Commissioner Sarnoff second by Commissioner Regalado. It is open to the public. The public hearing is closing, coming back to the Commission. Before we vote, is there any discussion on the item? Commissioner Regalado: No. I think that doing this as an emergency will save a lot of problems, and you know, if we are able to save just one accident, only one, with saving three month times, I'm all for it. Vice Chairman Sanchez: My only regret is that it's taken so long to put this together, and let me tell you something. We're going to be doing a great service to the people that have to suffer the inconveniences of our growth in our city, and if there's one thing that people don't like are inconveniences. People don't like to have to step out of sidewalks; people don't like to be looking over their head over a building, making sure that something doesn't fall on their heads, and it becomes a safety issue, and it becomes a quality of life issue, and it becomes all these important issues that really make our city what our city ought to be, and it's a world -class city, so this is great for the entire area. This is great for downtown Brickell and all the areas that are facing some constructions. The only concern that I have, as always, is when we implement these great ordinance -- and this is a great ordinance for our City -- is to make sure that we have the enforcement, to make sure that we go out there and we enforce it, because if we don't enforce it, we could pass all the ordinances that you want and nothing's going to get done, so there has to be a clear message out there that after this emergency ordinance, these construction sites are going to be visited by our Code Enforcement. They're going to get a letter saying, hey, listen, you can't block traffic anymore; you've got to make sure you got cover head on sidewalks to make sure that people are protected, and that it's pedestrian friendly, and those are the things that we need to focus on, because if we don't have the enforcement, then we -- this ordinance, which is a great ordinance, will not have any relevance to the cause, so having said that, I think we're ready to vote on the issue. It is an ordinance on -- it's an emergency ordinance; it's going City ofMiami Page 110 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 to require two readings. Mr. City Attorney, read it into the record, followed by a double roll call by the City Clerk. Mr. Fernandez: Actually, the record can reflect that Commissioner Sarnoff did read the title in its entirety and that would suffice. You just need the double roll call. Ms. Thompson: And to clarify that it is a modified -- you passed out a -- Mr. Fernandez: It is what was distributed today and what Commissioner Sarnoff read, correct. Ms. Thompson: Thank you. Mr. Fernandez: As modified. Ms. Thompson: First roll call. Your 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, as modified. Vice Chairman Sanchez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me, I think it's important to note that as a result of this concern and this ordinance coming up, the Administration had identified all the major consfruction sites in the City, about 200, and we prepared a letter that was sent last week advising them of the concerns that we had that had an impact on the quality of life of pedestrians and the impact on roads, parking lanes, et cetera, and we told them that we were going to be visiting them to remind them of you know, what we had on the book before, and now we'll be able to say what we have -- in addition to, we have this new ordinance, so we wanted to, you know, serve a notice to all the consfruction activity that we plan to be serious about enforcing what we have, what we had before and what we now have, thanks to your passing of this ordinance. Commissioner Sarnoff Mr. Chairman, as a matter of fact, the City Manager took it upon himself to form a commission of sorts, and the person in charge of that happens to be Mariano Loret de Mola, and they are actually proactively telling everybody that compliance is around the corner, and they're going to give them a very short fuse and a very short time, and I have to tell you that the City Manager really took this ordinance, along with our Code Enforcement director, and really ran with it, and I think they should both be commended for really getting behind a very good ordinance, and I believe they're going to enforce it to the fullest. Mr. Hernandez: Thank you. City ofMiami Page 111 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 RESOLUTIONS RE.1 07-00426 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM Improvement OF DADE COUNTY ASSOCIATION, INC., TO SUPPORT THE Programs/Transpor DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY tation 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 Legislation .pdf 07-00426 Exhibit .pdf 07-00426 Exhibit 2 .pdf 07-00426 Exhibit 3 .pdf 07-00426 Summary Form.pdf 07-00426 Pre -Legislation .pdf 07-00426 Pre -Legislation 2 .pdf 07-00426 Project Cooperative Agreement.pdf 07-00426 Pre -Attachment .pdf 07-00426 Pre -Attachment 2 .pdf 07-00426 Pre -Legislation 3 .pdf 07-00426 Master Report .pdf 07-00426 Letter .pdf 07-00426 Museum Park .pdf CONTINUED Item RE.1 was continued to the Commission meeting currently scheduled for June 14, 2007. RE.2 07-00431 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXPLORE THE VARIOUS SCENARIOS REGARDING THE DISPOSITION AND/OR REDEVELOPMENT OF THE JAMES L. KNIGHT CENTER COMPLEX PROPOSED BY THE STAUBACH COMPANY, NORTHEAST, INC. ("STAUBACH"); FURTHER DIRECTING THE CITY MANAGER TO PRESENT AT A FUTURE CITY COMMISSION MEETING DATE, AN INVITATION TO BID FOR THE SALE OF THE NORTH SIDE ASSETS AND TO BRING BACK RECOMMENDATIONS CONCERNING THE REDEVELOPMENT OF THE SOUTH SIDE ASSETS, OF SAID PROPERTY, INCLUDING AN AMENDMENT, IF REQUIRED, TO THE AGREEMENT WITH STAUBACH TO IMPLEMENT SUCH RECOMMENDATIONS. 07-00431 Legislation .pdf 07-00431 Summary Form.pdf City ofMiami Page 112 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Noes: 1 - Commissioner Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0275 Vice Chairman Sanchez: All right. RE.1 was deferred, and we move to RE.2, which is a resolution, and that's the Department of Public Facility [sic]. All right. Laura Billberry (Director): Lori Billberry, Department of Public Facilities. This item was deferred from the last Commission meeting, wherein we were asking authorization to explore the various disposition scenarios developed by the Staubach Company, as well as amend the Staubach contract to provide for a scope and consideration related to these scenarios. The purpose of studying the potential disposition was to determine the City's options with respect to these assets, due to the large financial subsidy the property was requiring from the City each year. At this time, we are continuing to request authorization to explore the recommendations through -- presented by Staubach, but are not proposing an amendment to their confract at this time. As you may recall, Staubach had provided five potential scenarios regarding this site. In summary, they are as follows: 1) do nothing; 2) sell the assets on the north side of the I-95 ramp, which included the parking garage and the air right leases; 3) do a market sale of the Knight Center as an operating arena with the existing Hyatt ground lease in place; 4) doing a market sale or redevelopment of the assets on the south side of the I-95 ramp via a long-term lease, and 5) negotiate a new or amended lease with Hyatt. At this time, we are requesting authorization to prepare an invitation to bid, which would come back to the Commission at a future public hearing for the sale of the assets on the north side of the I-95 ramp. Pursuant to our contract with Staubach, they would assist in the sale by identifying potential investors, generating interests, developing and distributing marketing packages, analyzing offers, and participating in the bidder selection and negotiation process. With respect to the south side assets, the Administration seeks authorization to explore the scenarios that contemplate the redevelopment of the assets and/or entering into a new or amended lease with the Hyatt. Following our initial discussions with both the Hyatt and the University ofMiami, who also has a long-term lease at the site, the City will come back to the Commission with the recommendations on the best way to proceed regarding the redevelopment of the site, along with the recommendations for an amendment to the Staubach confract, if appropriate at that time. Vice Chairman Sanchez: All right. That clears a lot of concerns that were brought forth in this Commission, so -- Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, and I thank the Administration for at least giving me and my staff a little bit more clarity on this issue, and basically, I still stand, you know, feeling the same way that I felt after our initial meeting regarding this issue, and that is, you know, we're losing all of the venues -- that we've lost all of the venues in the City ofMiami, and basically, a lot of the community -based groups and organizations that have nowhere else to go, can at least rely on going to the James L. Knight Center. While I understand that it was -- it's communica -- your -- you communicated that, at this particular time this will only author -- we will only be authorizing Starbuck [sic] to come back, to bring something back to the Commission, and then, from that point, we will make a decision from that, but there's key things thatl think are really, really important to include in it. My first question, though, was what is the overall dollar amount, when it's all said and done with Starbuck [sic], that we're going to be spending on having them City ofMiami Page 113 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 on board? What's the overall amount, just so that I'm clear? Vice Chairman Sanchez: We don't know yet. Hs. Billberry: Right now the first phase of the -- Commissioner Spence -Jones: Contract. Hs. Billberry: OK. Commissioner Spence -Jones: Their contract. Hs. Billberry: The first phase of their confract was to do the analysis of the whole Knight Center assets. They're to earn $200, 000 for that analysis. Commissioner Spence -Jones: OK. That's the -- Hs. Billberry: If -- Commissioner Spence -Jones: -- first part. Hs. Billberry: First part, which they have completed. Commissioner Spence -Jones: Right. Hs. Billberry: At this point, if we move forward with the sale -- Commissioner Spence -Jones: Yes. Hs. Billberry: -- of any of the assets, whether it's just the north side or just the south side -- Commissioner Spence -Jones: Yes. Hs. Billberry: -- they will earn a commission of one and a half percent of the first 15 million and three percent above that 15 million, so if they are successful in getting a sale, we would not be paying them the initial 200,000; we only pay the commission at that point. Commissioner Spence -Jones: OK. Hs. Billberry: As it relates to one -- the one item that we had brought before the Commission that is not included in their confract is the issue of if we do a redevelopment of the site, pursuant to a new long-term lease, whether -- pursuant -- from a -- pursuant to a competitive process, or if we negotiate only with the Hyatt as it relates to a new or amended lease, their contract does not currently provide for those services. What we're proposing today is if we at least have an opportunity to initiate our conversations with the Hyatt, we can get a better feel for the scope of work that will be involved in that, and then we can come back with a more refined scope as it relates to any consideration they would be due for those services. Commissioner Spence -Jones: So let -- I guess my final question on that -- I guess we really don't know how much money we'll end up -- Hs. Billberry: Correct -- Commissioner Spence -Jones: -- spending in the end -- City ofMiami Page 114 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Billberry: -- because the Commission -- Commissioner Spence -Jones: -- because it all depends on the sale, basically, right? Ms. Billberry: -- if -- as it relates to a sale, yes. Commissioner Spence -Jones: If the sale happens? Ms. Billberry: Yes. Commissioner Spence -Jones: OK, and the reason -- once again, so they can put it on the record and -- so folks looking at it on TV (television) now, the reason why we just did not decide to sit down and just negotiate with Hyatt, since they're already there, was for what reason now? Ms. Billberry: That is one of our options -- Commissioner Spence -Jones: And you -- Ms. Billberry: -- and Hyatt -- Commissioner Spence -Jones: -- and I'm saying for the City not doing it. I mean -- Ms. Billberry: The -- Staubach has conducted this tremendous analysis related to the site. They understand the financial aspects of all the leases that are in place. Commissioner Spence -Jones: OK. Ms. Billberry: We feel they will help us to -- and assist us and advise us in the negotiations of the site. Commissioner Spence -Jones: Is the Hyatt here at all? Is anybody from --? Ms. Billberry: They do have an attorney represented here. Joel Maxwell: Good afternoon, Commissioners, Mr. Manager, Mr. City Attorney, Madam Clerk, staff. It's a pleasure to be back here after nearly two and a half years. My name, for the record, is Joel Maxwell. I'm with the law firm ofAkerman Senterfitt, with offices at One Southeast 3rd Avenue, in Miami. I'm here on behalf of Hyatt Hotels, along with my law partner, former mayor ofMiami Beach, Neisen Kasdin, who's out of town and could not be here today. We are definitely in support of staffs request that they enter into discussions with the Hyatt. We have a desire to remain at that location for many years to come. We have a lease that extends to, as you're aware, the year 2070. We are prepared to make a very significant investment in that location. Right now you have a Hyatt Regency, and we are looking at maybe consfruction, if restructuring of a lease can be accomplished. A Grand Hyatt on this site, doubling the number of hotel rooms, and maybe consfruction of a first-rate conference center on the site as well, so we would ask that you agree with and support and concur with staffs recommendation. We are not speaking as to Staubach and whether or not that agreement should be approved today or not. We don't have a dog, as the Commissioner -- as the City Attorney said earlier. We do not have a dog in that hunt. Vice Chairman Sanchez: All right, so -- Commissioner Spence -Jones: So I'm just not -- Mr. Maxwell: Fight. City ofMiami Page 115 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Spence -Jones: Thank you. I just wanted to be clear on, because I know thatl wasn't the only person that had a issue or concern about Hyatt in trying to work it out with them. My last point, the only thing that want to say, Lori, and I support what you're doing. I think that it's important for us to have somebody that has the expertise to really work through the deal and to get the best thing possible for the City, so that's not even the issue. I do want to make sure that lofficially put on the record -- because I do understand how things change from now to six months later -- is that we need to make sure that whatever the deal or whatever comes out of it, that we have a venue very similar to the James L. Knight Center that holds about 4,000 people in the facility so that it can accommodate a lot of these type of groups that do have events there or activities that are happening there now, so that's the only thing that would like to make sure that we have some sort of consideration in, whatever the final result will be. I think it's important to make sure that we have that type of space made available for the residents of this City. Vice Chairman Sanchez: All right. Public hearing is -- well, there is no public hearing. Is there a motion? Commissioner Sarnoff I'll make -- I'll so move. Vice Chairman Sanchez: There's a motion by -- Commissioner Regalado: I'll second. Vice Chairman Sanchez: -- Commissioner Sarnoff second by -- Commissioner Spence -Jones: With an amendment. Vice Chairman Sanchez: -- Commissioner Regalado. Commissioner Regalado: Second and -- Commissioner Spence -Jones: I want to make sure my amendment was add on. Commissioner Regalado: -- just a comment. The most logical thing to happen is to start discussion with the Hyatt, for several reasons. Number one, the Hyatt is a national or international global company that doesn't need any affordable money to do anything, but the most important thing is that in that same corridor you have the Mandarin, you have all these -- the Conrad Hilton -- luxury hotel, and the Hyatt cannot afford to be out of the prestige hotels names in the City ofMiami, especially in downtown, and if they already have a site, I'm sure that they would rather stay there, so I think it's important, and you know, eventually, the venue is going to go, and that is very sad because we are running out of venues in the City ofMiami, but hopefully, they've figured out something to do, some kind of venue for shows, for small shows, so I'm ready to vote. Vice Chairman Sanchez: All right. Listen, just -- when many companies weren't -- Commissioner Spence -Jones: Supportive. Vice Chairman Sanchez: -- interested in doing -- supportive of the City, the Hyatt was always there -- Mr. Maxwell: That's correct, sir. Vice Chairman Sanchez: -- and let me tell you something. The Hyatt, in itself would love to City ofMiami Page 116 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 have a first-class -- which they don't have right now and they realize that. They would have a signature hotel there that would complement to what's going to be happening in the heart of downtown, so this legislative action that we're taking is just basically a major undertaking that we're taking. All we're doing is we're directing the Administration on the right path to focus on what's the next step to make this a reality, so having said that, there's been -- Commissioner Spence -Jones: Mr. Chair -- Vice Chairman Sanchez: -- we need a motion -- Commissioner Spence -Jones: -- you got -- Vice Chairman Sanchez: -- and a second. It's already on the record, but we want to add an amendment, a friendly amendment that has been proffered by Commissioner Spence Jones, which is to have a 4,000 -- Commissioner Spence -Jones: Seater venue, just like we have -- Vice Chairman Sanchez: -- seater venue -- Commissioner Spence -Jones: -- now. Like we have now. Vice Chairman Sanchez: -- as they have now on this -- well, what -- Commissioner Regalado: You can't. You cannot do that. Commissioner Sarnoff Right. Commissioner Regalado: You cannot do that. Commissioner Spence -Jones: Well, I would want our wonderful Starbuck [sic] to come back and tell me what they can and can't do. Commissioner Regalado: Look, I will not support that -- Vice Chairman Sanchez: But -- Commissioner Regalado: -- and I'm the one who supports all the venue, but you cannot railroad a discussion because a 4, 000-seat theater is in the middle. Maybe a convention -- a state-of-the-art convention center with 3,000 seat. Commissioner Sarnoff Right. Commissioner Spence -Jones: But that's fine, but as long as we -- Commissioner Regalado: Two thousand feet [sic]. I mean -- Commissioner Spence -Jones: -- but long as we have -- Commissioner Regalado: -- but what I'm saying -- Commissioner Spence -Jones: -- a venue, Commissioner Regalado -- right now we have no place for people to go, and when I looked at the study that Staubach brought back saying that people are not using the James L. Knight Center, that is simply not true. This Sunday, you can go to James Knight Center for Mother's Day Weekend, you won't be able to get in there. The last two City ofMiami Page 117 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 shows that I've gone there, you couldn't get in the venue. It was sold out, so I -- Commissioner Regalado: Hey. Commissioner Spence -Jones: -- think that it's important for Staubachs [sic], if they're going to give us some information, they need to give us the correct data, not the data that benefits them, and that is selling the venue or doing whatever they want to do so they can get a higher amount out of the deal -- Commissioner Sarnoff Well, wait, wait, wait. Commissioner Spence -Jones: -- so I'm asking for them to come back with a suggestion. Commissioner Sarnoff Can I --? Mr. Chair. Vice Chairman Sanchez: Hold on. Are you done? Commissioner Spence -Jones: Yeah, I'm done. Vice Chairman Sanchez: All right. You're recognized, Commissioner. Commissioner Sarnoff You know, we obviously need a venue in the City ofMiami; no one disputes that. Whether that venue is best served right there or if that venue might be served at a CRA (Community Redevelopment Agency) location is, I think, open to judgment. Right now we're being asked to approve a contract for a man to negotiate, I think ostensibly, with the Hyatt, and possibly, for the north area. IfI got those mixed up, I apologize, but I think I got that right. Vice Chairman Sanchez: It's the north end. Commissioner Sarnoff Right. Vice Chairman Sanchez: North side. Commissioner Sarnoff And that's all we're being asked to do. If we start putting qualifications in it -- and I do hear what you're saying, and I do appreciate what you're saying, but if we -- if your voice carries the day, so to speak, then why did we spend all this money on this man evaluating whether this was a facility worth keeping? I mean, the information I was provided -- slow down -- Commissioner Spence -Jones: That's the point. Commissioner Sarnoff -- isn't whether -- let's say it was packed to capacity 364 days a year; it took Christmas Day off but it still lost money, and it -- wait -- still needs three or four -- I don't remember what the number was --10, 15, $20 million, and that these type of facilities are not viable facilities for us to own. That's why we paid the man for that study, because theoretically, nobody in the City ofMiami, or theoretically, nobody in the City ofMiami, period, could give us that kind of information. Now, if we're going to distrust the information that we paid the better part of 300,000 or some hundred thousand dollars on, then we're really in trouble because we're not trusting what we're being told. I don't dispute -- I don't doubt the fact that when you went there, it was capacity packed. I don't doubt the fact that 50, 60, or 70 days a year it's very crowded, but when we pay somebody this kind of money, we have to frust the data because none of us have the capability of going back and reviewing as to what a highly paid official or highly paid consultant comes back and tells us, so I think we need a facility. I think we may -- maybe we should consider, in the back of our heads, you and I, especially, thinking of CRA, thinking of places, maybe even open up a part of town that needs to be opened up. I don't -- I absolutely City ofMiami Page 118 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 support what you're saying. There needs to be a City ofMiami facility. I will tell you, I think more than 4,000 seating capacity, but at a minimum, 4,000. I don't think you should necessarily put a strangle hold on this one and require it, but do support you, especially at the CRA level, because I think it would be a great use of CRA geography and CRA funds to do that. Commissioner Spence -Jones: Right, andl 'm -- andl -- let's be very clear, Commissioner Sarnoff. That is definitely one of the suggestions that I've also had with staff as an alternative site, if we have to lose a venue, but can say this. I mean, I went through the actual report and - - as Starbucks [sic] produced, and I had a lot of discrepancies on a lot of the information that was communicated in it, and even from the standpoint of Hyatt's perspective, we all know that the deal that we have with Hyatt is just not a good deal, so quite frankly, the venue was never going to make any money, and as a matter of fact, even Starbucks [sic] admits that venues like this do not really make money for themselves; they make money for ho -- the cities, the hotels and restaurants, and everything surrounding it, and if they're looking at now increasing the number of rooms and all those additional things, then the venue definitely has the opportunity to make more money. All I'm simply saying is that before we decide to say, OK, we just want convention center space; that Starbuck [sic] should dig deep and try to figure out a way for us to have a venue downtown. I would love to have, quite frankly, an auditorium or a venue in Overtown, and if some of the money sold from this, and if we can't work it out, or whatever the case may be, I would love to have some of those dollars, you know, benefit that, or come from the CRA. I don't -- I definitely don't have a problem with even seeing something like that happen. I'm just simply saying that, personally, I feel that Starbucks [sic], it makes more sense for them to have a deal where they're going to be able to make more money by saying -- or justi -- by them justifying that it's best for them either to sell or do a different deal. That's where they make their money from. It's either they make $200, 000 off their contract or they make 2 million, so I mean, which one would you try to do, but that's fine. I understand thatl don't -- I understand what your viewpoint is. All I'm asking is that if they are the paid consultants, that they should be able to dig deep and find out whether or not there is a possibility. There's a lot of venues across the country that do the same thing, and there's a lot of land -- there's enough land to do -- to create a venue of the size that we're trying to have happen there, so all I'm asking -- I'm not saying that they have to do it; they just come back and say we've tried and it can't happen, and hopefully, I would not have found another venue that has made it happen across the country because I'm going to make sure that bring it up. Vice Chairman Sanchez: All right. It's been discussed. It's been debated. The public hearing is closed, and it is up for a vote. It is a resolution. We need -- the motion has been put forth. The amendment was not accepted by the maker of the motion, nor by the second; is that correct, for the record? Commissioner Regalado: Yes. Vice Chairman Sanchez: OK. It's a resolution. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Commissioner Spence -Jones: No. Vice Chairman Sanchez: Motion carries, 3/1. Thank you -- Mr. Maxwell: Thank you, Commissioners. Vice Chairman Sanchez: -- and we move on. RE.3 07-00564 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION TO City ofMiami Page 119 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 BE HELD ON NOVEMBER 6, 2007, FOR THE PURPOSE OF ELECTING THREE DISTRICT COMMISSIONERS, AND FOR HOLDING A RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 20, 2007; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. 07-00564 Legislation .pdf 07-00564 Exhibit .pdf 07-00564 Cover Memo.pdf 07-00564 Estimated Cost.pdf 07-00564 Letter .pdf 07-00564 Pre-Attachment.pdf 07-00564 Pre -Attachment 2 .pdf 07-00564 Pre -Attachment 3 .pdf 07-00564 Receipt .pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0269 Vice Chairman Sanchez: All right. RE.3, it's a resolution. It's -- this is simply to set the election date. We're not going to get in a heated debate over this, are we? Priscilla A. Thompson (City Clerk): We would hope not. We -- Vice Chairman Sanchez: OK. Ms. Thompson: -- just wanted to make sure you have all the information calling for your election on November 6 and the runoff being scheduled for November 20, and we will, of course, keep you abreast to any and all new developments that may come out of Tallahassee regarding the type of machinery or voting ballot that is used. Commissioner Regalado: Well -- Vice Chairman Sanchez: Commissioner -- Commissioner Regalado: -- it's optical scanners. Ms. Thompson: And we'll keep you posted on how everything is going with that, too. Commissioner Regalado: But -- City ofMiami Page 120 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Thompson: Understood. Commissioner Regalado: -- they already approved it. Ms. Thompson: Understood, understood. Commissioner Regalado: It's optical scanners. Ms. Thompson: Understood. There -- we'll keep you posted on any other thing that happens. Commissioner Regalado: Oh. Vice Chairman Sanchez: Madam Clerk -- Ms. Thompson: Yes. Vice Chairman Sanchez: -- Commissioner Sarnoff has requested, through the Chair, of a four-year deferral on this. Ms. Thompson: Unfortunately, I think that would take a Charter amendment, so -- Vice Chairman Sanchez: Listen, how 'bout just a little bit of sense of humor here, OK Commissioner Regalado: That's cool. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: There's -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- a motion by Commissioner Spence -Jones. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. No further 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. RE.4 07-00438a RESOLUTION Office of the City "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND Attorney APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 6, 2007, PROPOSING UPON THE APPROVAL OF THE ELECTORATE, THE INCLUSION OF A CITIZENS' BILL OF RIGHTS IN THE City ofMiami Page 121 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 CHARTER. 07-00572 Legislation.pdf 07-00572 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0276 Vice Chairman Sanchez: All right. We move on to RE.4. It's a resolution. This is the citizens' bill of rights. Mr. City Attorney, this is being proffered by Commissioner Sarnoff. Commissioner Sarnoff You want to hear from --? Vice Chairman Sanchez: I just need a motion and a second, and then we'll -- Commissioner Sarnoff I'll make a motion to approve -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- that -- Commissioner Spence -Jones: Second, with discussion. Commissioner Sarnoff All right. Where we are? Resolution. -- to ask the City Attorney -- Do we actually have the --? Vice Chairman Sanchez: No, we don't have the language, and that's what I'm waiting for. Commissioner Sarnoff Right. I was -- Vice Chairman Sanchez: The language. Commissioner Sarnoff -- actually waiting for the City Attorney to give me the language as well, and I think they might have it. Vice Chairman Sanchez: Do you have the language? Well -- Julie O. Bru (Deputy City Attorney): Commissioners, the language that we -- right now, what we're doing here is pursuant to our Code provision. You're simply directing the City Attorney to prepare -- Vice Chairman Sanchez: To draft the language. Ms. Bru: -- some language; then bring it back to you. We have a certain time frame that we have to work within, no earlier than 60 days before or 120 days before the election. At the prior Commission meeting, we did receive some guidance. We know that the Commissioner is seeking to adopt the same provisions that are presently found in the Miami -Dade County bill of rights and with some additions that are found in the Miami Beach bill of rights, so from now until the time that we bring back the proposed language, you can consider whether you want to add anything else to it. Vice Chairman Sanchez: All right, so we need a -- City ofMiami Page 122 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff That's fine. Vice Chairman Sanchez: -- motion on that. Commissioner Sarnoff I'll make a motion to direct the City -- Vice Chairman Sanchez: Direct -- Commissioner Sarnoff -- Attorney to prepare an amendment to the Charter so that we can all look at it. Vice Chairman Sanchez: All right. There's a motion by Commissioner Sarnoff directing the City Manager [sic] to prepare the language for the citizens' bill of rights. Is there a second? Commissioner Spence -Jones: There's a second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. Commissioner Spence -Jones: Discussion. Vice Chairman Sanchez: Discussion. Commissioner Spence -Jones: But I think the Clerk was saying -- we had already had a motion, correct? Ms. Thompson: Yes. That's fine. Commissioner Spence -Jones: That's what she was frying to tell you. Vice Chairman Sanchez: Well, I apologize. Ms. Thompson: No problem. Vice Chairman Sanchez: All right, so you got a first and a second. We need a third? Ms. Thompson: I think we're all right where we are -- Vice Chairman Sanchez: We're all right -- Ms. Thompson: -- right now. Vice Chairman Sanchez: -- with it. OK. Ms. Thompson: Yes. Thank you. Vice Chairman Sanchez: 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" All right. We move on. "[Later...]" Vice Chairman Sanchez: All right. We had voted on RE.4, which was a resolution for the City ofMiami Page 123 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 citizens' bill of right [sic]. Commissioner Spence -Jones wanted to discuss the item, so -- Commissioner Spence -Jones: Yeah. I just -- Vice Chairman Sanchez: -- you're recognized for discussion. Commissioner Spence -Jones: -- want -- thank you, Mr. Chairman. I just wanted to say to Mr. City Attorney -- Jorge L. Fernandez (City Attorney): Yes. Commissioner Spence -Jones: -- there are some additional things that we definitely want to add to this, so -- Mr. Fernandez: Right. Commissioner Spence -Jones: -- is there a time frame in which we need to give it you because economic discrimination is one of the things that I thought could be very interesting to also add - - or very important to add -- Mr. Fernandez: We will -- Commissioner Spence -Jones: -- because of all the --? Mr. Fernandez: -- be visiting with each of -- Commissioner Spence -Jones: Each one of -- Mr. Fernandez: -- your offices. To the extent that this is a Charter amendment -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- that's being contemplated, we will have a process whereby we get your individual input before we bring it back for all of you to consider it -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- you know, through a series of established processes. Commissioner Spence -Jones: Thank you. I just want to make sure. RE.5 07-00565 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SETTLEMENT AGREEMENT, DATED AS OF JANUARY 27, 2005, AND APPROVED BY RESOLUTION NO. 05-0076, ADOPTED JANUARY 27, 2005, IN THE CASES OF CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9. 07-00565 Legislation .pdf 07-00565 Exhibit .pdf 07-00565 Cover Memo.pdf City ofMiami Page 124 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 RE.6 07-00566 Department of Capital Improvement Programs/Transpor tation DEFERRED Item RE.5 was deferred to the Commission meeting currently scheduled for December 13, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE EAST LITTLE HAVANA GREENWAY PROJECT, B-40686 (SEGMENT D), ALLOWING THE UTILIZATION OF A CONTRIBUTION OF FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR SAID PROJECT, PREVIOUSLY ACCEPTED AND APPROPRIATED INTO CAPITAL IMPROVEMENT PROJECT NO. 341211, ENTITLED "GREENWAYS IMPROVEMENTS," PURSUANT TO ORDINANCE NO. 12693, ADOPTED JUNE 9, 2005. 07-00566 Legislation .pdf 07-00566 Exhibit .pdf 07-00566 Exhibit 2 .pdf 07-00566 Exhibit 3 .pdf 07-00566 Exhibit 4 .pdf 07-00566 Exhibit 5 .pdf 07-00566 Exhibit 6 .pdf 07-00566 Exhibit 7 .pdf 07-00566 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0270 Vice Chairman Sanchez: All right. Moving right along. RE.6 is a resolution that -- it is being presented by the Department of Capital Improvement Program and Transportation. Ola Aluko: Good afternoon. Ola Aluko, director of Department of Capital Improvements, 444 Southwest 2ndAvenue. This resolution authorizes the City Manager to execute a lap agreement between the Florida Department of Transportation and the East Little Havana Greenway. The -- this allows the CIP (Capital Improvement Projects) Department to utilize a million -dollar FDOT (Florida Department of Transportation) contribution accepted and appropriated by the City Commission last year, June 9, 2005 -- I'm sorry, in 2005. The Florida Department of Transportation, with the approval of the Metropolitan Planning Organization, awarded a federal grant in the amount of $1 million to the City ofMiami for the construction of a river walk in the East Little Havana area. This extension will serve as a river walk extension for the East Little Havana area, which will allow an existing link between the East Little Havana area and other river walks and segments currently under construction. The East Little Havana extension will run along South River Drive, from Northwest 1st Street to Northwest 4th Avenue. This extension would also provide a outdoor recreational corridor for opportunities to an alternative transportation corridor for people living and working along the river to easily and safely walk or bike to mass transit connections. Again, this was passed by the City Commission on June 9, 2005, and we're requesting for the City Manager to enter into this lap agreement. Vice Chairman Sanchez: All right. Thank you so much. It's a resolution. Is there a motion? City ofMiami Page 125 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 RE.7 07-00567 Department of Public Facilities Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Sarnoff second by Commissioner Spence Jones. 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. Thank you so much, sir. Mr. Aluko: Thank you. Vice Chairman Sanchez: Pleasure. Mr. Aluko: You're welcome. Vice Chairman Sanchez: Good to see you again. Mr. Aluko: You're welcome. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A STIPULATED PARTIAL ORDER AWARDING COSTS, TO PAY FOR CERTAIN COSTS, IN ASSOCIATION WITH THE CONDEMNATION ACTION TAKEN TO ACQUIRE TITLE TO THE PROPERTIES LOCATED AT 212 NORTHEAST 59TH TERRACE, 211 NORTHEAST 59TH STREET, AND 215 NORTHEAST 59TH STREET, MIAMI, FLORIDA, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, IN COMPLIANCE WITH THE MEMORANDUM OF SETTLEMENT ENTERED INTO ON MAY 16, 2005, BETWEEN THE CITY OF MIAMI AND ERS PROPERTIES, INC., A FLORIDA FOR -PROFIT CORPORATION, AND SIGMUND O. SCHICKMAN, AN INDIVIDUAL, RESULTING FROM MEDIATION PURSUANT TO COURT ORDER; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $45,000, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, TO COVER THE COSTS ASSOCIATED WITH THE DEFENSE OF THE CONDEMNATION ACTION. 07-00567 Legislation .pdf 07-00567 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0271 Vice Chairman Sanchez: All right. RE.7 is Department of Public Facility [sic]. Laura Billberry (Director, Department of Public Facilities): Lori Billberry. This is a resolution City ofMiami Page 126 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 to pay for costs not to exceed $45, 000, associated with the condemnation of three properties acquired in connection with Little Haiti Park. These costs are associated with mediation expenses and the cost for the defense, which the City is required to pay. These costs have been also approved by the Bond Oversight Board. Vice Chairman Sanchez: All right. Is there a motion? RE.7. It's your item. Commissioner Regalado: Move -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Motion -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones, second by Commissioner Tomas Regalado. The item is under discussion. Hearing no discussion on the item, 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.8 07-00569 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Improvement INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, Programs/Transpor WITH MIAMI-DADE COUNTY ("COUNTY"), A POLITICAL SUBDIVISION OF tation THE STATE OF FLORIDA, REPLACING THE INTERLOCAL AGREEMENT THAT WAS EXECUTED PURSUANT TO RESOLUTION NO. 03-651, ADOPTED JUNE 12, 2003, TO CONTINUE TO ALLOW THE CITY OF MIAMI ("CITY") TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX FOR TRANSPORTATION AND TRANSIT PROJECTS. 07-00569 Legislation .pdf 07-00569 Exhibit .pdf 07-00569 Summary Form .pdf 07-00569 Interlocal Agreement .pdf 07-00569 Pre -Legislation .pdf 07-00569 Interlocal Agreement 2 .pdf 07-00569 Memo .pdf 07-00569 Pre -Legislation 2 .pdf 07-00569 Pre -Attachment .pdf 07-00569 Locations .pdf 07-00569 Letter .pdf 07-00569 Memo 2.pdf 07-00569 Legal Services Request .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 127 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 RE.9 07-00568 Office of Strategic Planning, Budgeting, and Performance R-07-0272 Vice Chairman Sanchez: RE.8. Let's go, let's go. Mary Conway: Mary Conway, chief of Operations. RE.8 is a resolution to authorize the City Manager to execute a revised interlocal agreement with Miami -Dade County regarding the use of the People's Transportation Plan or half -cent surtax. Vice Chairman Sanchez: All right. This is basically a routine agreement? Ms. Conway: Yes. There are -- Vice Chairman Sanchez: OK. Ms. Conway: -- some updates that the County made in the agreement that I can review, if you'd like me to state them on the record, but it's fairly routine. All municipalities are required to execute this updated interlocal. Vice Chairman Sanchez: All right. Is there a motion? It's a resolution. Commissioner Sarnoff So moved. Vice Chairman Sanchez: There's -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- a motion by Commissioner Sarnoff second by Commissioner Regalado. It's a resolution. No further 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 MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007. 07-00568 Legislation .pdf 07-00568 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Gonzalez R-07-0273 Vice Chairman Sanchez: RE.9. Michael Boudreaux: Mike Boudreaux, acting chief Office of Strategic Planning, Budgeting & Performance. RE.9 is a resolution making appropriations relating to operation and budgetary requirements for fiscal year ending 9/30/07 for the general fund, with a current approved budget City ofMiami Page 128 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 of 510 million; adjusting this budget to 530.7 million, adding 20.6 million to the general fund budget for fiscal year '07, with an additional 4.8 million in fund balance use for special revenue funds with a current approved budget of 169 million, adjusting this budget to 243.1 million. This primarily consist of rollovers of Fire -Rescue fund grants and Community Development fund grants, and adjusting the debt service fund with a current approved budget of 42.1 million and adjusting this budget to 72.7 million as a result of the refinancing of taxable pension refunding bond series 2006 and retirement a part of pension series 1995, approved by Resolution 06-0671. total adjustment to the budget currently approved for 719.3 million for the general fund, special revenue funds, and debt service funds; adjusting this total budget to 846 million point five -- I'm sorry, 846.5 million total budget for the general fund special revenues and debt service fund. Vice Chairman Sanchez: All right. This item -- is there a motion on this item? It's a resolution. Commissioner Regalado: Move it. Vice Chairman Sanchez: All right. There's a motion by Commissioner Regalado. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Discussion on the item. You want to be recognized for discussion? Commissioner Spence -Jones: I would just like to just put officially on the record -- I mean, we got the document yesterday, so -- I mean, I would like to -- and I do know that you're a new person and you're just getting there -- Mr. Boudreaux: OK. Commissioner Spence -Jones: -- but had been asking about it and I -- yesterday, I spoke with staff and we finally got it in. It would just be nice to be able to have it not -- Mr. Boudreaux: OK. Commissioner Spence -Jones: -- 24 hours before that for us to digest. Mr. Boudreaux: No problem. Commissioner Spence -Jones: That would be my only statement. Mr. Boudreaux: OK. Vice Chairman Sanchez: All right. Commissioner Sarnoff, this is the midyear adjustments appropriation. This is RE.9. It's under discussion. Commissioner Sarnoff I understand. Vice Chairman Sanchez: You want to be recognized for discussion on the item? Commissioner Sarnoff No. I'm -- I've been briefed on it; I understand it, andl think it's something that we should vote. Vice Chairman Sanchez: All right. On discussion, and I think everyone has an opportunity. I understand that a huge amount of the 30 million that's being proposed is the cost of the two union contracts, and the obligations for the new police cruisers that we need to purchase under the contracts. We're OK with that. Let me tell you where I have a problem, and I continue to City ofMiami Page 129 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 have a problem, and it's just a pill that is hard for me to swallow, and that's the 3.9 million to HDR (Henningson, Durham and Richardson), OK Let me just make some arguments here thatl just want to put on the record. This City Commission, for the longest time, has continued and has told CIP Department to cut back on the use of consultants. We spend too much money on consultant; they justified it; we have not agreed with them, and at times, we have not come to an agreement on the issue. Several City Commissioners have also voiced displeasure with the CIP Department becoming so addicted to that firm specifically that was constantly being used that it, you know, really concerned us. Worse, CIP went through a very high profile -- the original bond issuance and cost overruns was something that was continually discussed here with the City Manager and with the Department itself so I continue to have a problem with those $3.9 million, and you know, I think it's important getting my support on it. I don't -- listen, you just got here; you got nothing to do with this. I think I have to praise the Department at times, and I continue to say, once we were faced with the burden of all these projects; we had to get them done, and at times, I see the pressure that's being add by this Commission to the staff and itself so I get -- you know, I'm very -- I could understand the concerns that we have, and I could see the issues that really are very broad, but would like to know and be very well informed as to the breakdown of those $3.9 million. Mr. Boudreaux: OK. Vice Chairman Sanchez: CIP needs to tell me how we -- that money was broken, which project - - I'm sure some of my projects had over costs. From experience, I've had projects that had over costs. We expect that. We've learned from our mistakes. This is municipal government. We shouldn't have those mistakes the second time around, but I'm just not too comfortable approving this $3.9 million for HDR, and I just wanted to put that on the record. I mean, it's a valid concern that have, no disrespect to anybody. I mean, it's just a concern that have when it comes to me and each and every one of us here that has a responsibility to be fiscal responsible. When people see us spending money justifiable in many ways, but some may see that it's not justifiable. As you see criticism at the PAC (Performing Arts Center) Center, you see criticism at the airport. There's certain criticism to our City as to how we spend money, you know. Some people say, well, you spend money like drunken sailors on projects, but -- and you try to explain that some projects in different Commissioners' districts had cost overrun. District 5 had cost overrun on Little Haiti Park. Grapeland Park had cost overrun. I had cost overrun in a project in my district, which is the Jose Marti gym, butl want to make sure that these $3.9 million are broken down where I could go and defend this issue, and right now I don't feel comfortable in going out and defending the $3.9 million that have been spent, so having said that, I'm sure it's going to pass, but would feel comfortable with those $3.9 million were removed from the midyear adjustments and somehow be brought back later, if it could be possibly done, Mr. City -- Mr. Hernandez: IfI -- Vice Chairman Sanchez: -- Manager, I'll always give you -- Mr. Hernandez: -- may. I think it's important -- Vice Chairman Sanchez: -- the opportunity. Mr. Hernandez: -- to explain. The current HDR confract was passed maybe a little less than a year ago, and part of that one-year confract was being funded out of the '05/'06 fiscal year; the second part would be funded out of '07 -- '06/'07 fiscal year. This 3.9 should have been, by right, in the budget that was approved in September '06, and it wasn't because of the concerns that were going on at that time, reference certain key projects, like Grapeland and Little Haiti and so forth, and it was agreed at that time that it would be brought up at the midyear. In essence, we continued to pay HDR based on our current contract from other temporary sources, so this 3.9 is to actually be able to pay back those temporary sources that have been paying the City ofMiami Page 130 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 HDR services. In about two months, you're going to have before you the new HDR confract and all the other consultant contracts that are involved in the CIP, and I think that it would be appropriate at that time to -- for us to present the program and the need for those consultants, as we look prospectively to the new or extended HDR confract, but this one is -- this 3.9 is to pay for a lot of services that have been provided already and paid with other sources. Vice Chairman Sanchez: And that's fine. Here's my argument, and I'm -- maybe we -- the entire Commission that was here, when it was presented the first time, it wasn't going to pass. There was a lot of concerns from the Commissioners as to the cost overruns, right? Each Commissioner said, I have some concerns with that, so what did the Administration do? They took it out; we'll wait for it again; we'll put it in the midyear appropriations, and now you're trying to pass it, so that's the concern that I have. I just want to know if each Commissioner here has been able to sit down with the Administration and told you a broken down, brick by mortar, of how the money's been spent? Hr. Hernandez: Right. Commissioner, I know you mentioned the cost overruns, and that's a concern of the Administration as well. The 3.9 deals with the staffing of HDR for close to a year of services to the City managing the CIP program, so it doesn't deal really with the hard costs of construction -- Commissioner Regalado: Yeah, but what he's saying -- Hr. Hernandez: -- and as I mentioned before, we'll be coming back, I would say, in July with the new HDR confract, and I think it would be wise, you know, for us, and prudent, to provide to all the Commissioners a program that shows the demand that we have to respond to the upcoming work, the amount of personnel that we need from the consultant that, in essence, our goal is to continue to reduce it, and add personnel, let's say, on the City's side as warranted, but the goal is to reduce their staffing, although I have to admit that with the amount of work that we have to do that we're doing nowadays, which is in upwards of a hundred million of construction, we need that kind of support. Vice Chairman Sanchez: Commissioner Spence Jones. Commissioner Spence -Jones: No. I just -- I mean, again, that was -- he chimed on it, and that was the issue, just really making sure we understand it and not getting it so late, because probably, this could have been clarified if we didn't get the information -- Hr. Boudreaux: No problem. Commissioner Spence -Jones: -- you know -- Hr. Boudreaux: No problem. Commissioner Spence -Jones: -- so it's important just -- so that we get it in advance. We don't want to beat you up on your first day on the -- Vice Chairman Sanchez: No, and we don't. Commissioner Spence -Jones: -- dais, but -- Vice Chairman Sanchez: He's got nothing to do with it. Commissioner Spence -Jones: -- we just -- we think it's important to tell you that. Vice Chairman Sanchez: No, no. City ofMiami Page 131 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 RE.10 07-00590 District 2- Commissioner Marc David Sarnoff Mr. Boudreaux: Well, I appreciate that. Commissioner Spence -Jones: Larry passed it on to you. Vice Chairman Sanchez: All right. Any discussion on the item? If not, it's a resolution. It has a motion and a second. Commissioner Sarnoff The only reason District 2 hasn't piped in is we suffer from that song "Anticipation." Vice Chairman Sanchez: Yeah. Commissioner Sarnoff We just haven't seen a shovel in the ground, but we're anticipating it, so I have nothing to judge as to whether HDR gets paid too much, not enough, but we're looking forward to that pail and shovel. Vice Chairman Sanchez: All right. Madam Clerk, it's a resolution. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Nay. One nay. Commissioner Sarnoff Good cover; I like it. Vice Chairman Sanchez: All right. Commissioner Regalado: And if you allow, just a comment, Mr. Chairman. Vice Chairman Sanchez: You're recognized. Commissioner Regalado: I think that what the Chairman said, at least it's echoed by some of us, by me, as we heard today, the City lobbyist, Ron Book -- I was able to speak briefly, around 2 o'clock, with Senator Rudy Garcia -- he's going back to Tallahassee for some committees and then for the -- and I was telling him what Ron Book said, and he said, well, you know, I met with the governor Sunday and yesterday, and it's probably going to be more than ten percent or fifteen percent; that's what it is, and I think we have to find a way to explain to the people why do we need so many consultants if we have so many good employees. People don't understand that, and you can explain whatever you want, but you know, that something to figure out and think as the upcoming budget is going to be before us. Thank you. Vice Chairman Sanchez: All right. Thank you, sir. Mr. Boudreaux: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED $81,401 TRANSFER FROM THE PARKING WAIVER TRUST FUND AND APPROVING THE RECOMMENDED AND PROPOSED AMENDED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO MAKE SUCH $81,401 TRANSFER FROM THE PARKING WAIVER TRUST FUND TO THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND. City ofMiami Page 132 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Votes: 07-00590 Legislation .pdf 07-00590 Exhibit .pdf 07-00590 Cover Memo .pdf 07-00590 Master Report .pdf 07-00590 Pre -Legislation .pdf 07-00590 Pre -Legislation 2 .pdf 07-00590 BIC Operating Budget .pdf 07-00590 Memo .pdf 07-00590 Memo 2 .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0274 Vice Chairman Sanchez: RE.10, it's a resolution. That's the Coconut Grove Business District Improvement Trust Fund. This is a no-brainer. Is there a motion? Commissioner Sarnoff Yes, sir. Mr. Chair -- Vice Chairman Sanchez: There's a motion. Is there a second? Second? Commissioner Regalado: Second. Vice Chairman Sanchez: All right, second. There's a motion and a second. It's no public hearing. David Collins: Please approve it. David Collins, executive director of -- Vice Chairman Sanchez: David, why --? Mr. Collins: -- Coconut Grove BIC (Business Improvement Committee). Vice Chairman Sanchez: --I think it's -- a "thank you" will be -- Mr. Collins: You're welcome. Vice Chairman Sanchez: -- appropriate. 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. City ofMiami Page 133 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 BOARDS AND COMMITTEES BC.1 07-00045 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sam Mason Vice Chairman Joe Sanchez Aurelus Dorvil Commissioner Tomas Regalado Marlene Sanchez Commissioner Tomas Regalado Charles J. Flowers Commissioner Michelle Spence -Jones Maria Bao Commission -at -Large Viona Brown Commission -at -Large Louis Marshall III Commission -at -Large James Dixon Commission -at -Large 07-00045 memo.pdf 07-00045 members.pdf 07-00045 Letters.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0277 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Sam Mason, Aurelus Dorvil, Marlene Sanchez, Charles J. Flowers, Maria Bao, Viona Brown, Louis Marshall III, and James Dixon as members of the Equal Opportunity Advisory Board. Vice Chairman Sanchez: All right. Let's get some of the boards done, and then we'll turn it over to the CRA (Community Redevelopment Agency). Let's go ahead and start with the first board, and that's BC.1. It's a resolution of City ofMiami Commission appointing certain individuals as members of the Equal Opportunity Advisory Board. The Chair is not present. I have some appointments. Commissioner Regalado. Commissioner Regalado: Thank you. Marlene Sanchez and Aurelus Dorvil. Vice Chairman Sanchez: All right. Do they need any waivers, Madam Clerk? Priscilla A. Thompson (City Clerk): No, they don't. City ofMiami Page 134 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: All right. Commissioner Regalado: Both city residents. Vice Chairman Sanchez: OK. Commissioner Spence -Jones. Alexander Koteles (Legislative Policy Advisor): She'll be right back. Vice Chairman Sanchez: She'll be right back? Mr. Koteles: Yes. Vice Chairman Sanchez: Does she have anybody I could proffer? Mr. Koteles: Charles Flowers. Vice Chairman Sanchez: Could somebody proffer Charles Flower [sic], please? Commissioner Regalado: Charles Flowers -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- in behalf of the Chairman. Vice Chairman Sanchez: He's been proffered. Does he need any waivers? Ms. Thompson: No, he does not. Vice Chairman Sanchez: All right, and I would like to proffer Sam Mason, and then my other appointment will be deferred. Anyone else that we need to --? Ms. Thompson: Yes, sir. You see listed as your Commission -at -Large the names that were turned in by the different bargaining units. Vice Chairman Sanchez: What are the names? Ms. Thompson: Maria B A-O, from AFSCME (American Federal, State, County, and Municipal Employees) 1907, Viona Brown, FOP (Fraternal Order of Police); Louis Marshall III from International Association of Firefighters, and now the name of James Dixon -- Vice Chairman Sanchez: All right. Ms. Thompson: -- from AFSCME Local 8 -- Vice Chairman Sanchez: Those are -- Ms. Thompson: -- 71. Vice Chairman Sanchez: -- four that have been proffered are Commission at lost [sic]. I mean, at last [sic]. Commissioner Regalado: I move all the appointment, including Commission -at -Large. Vice Chairman Sanchez: OK, Commission -at -Large, all those four that you proffered. City ofMiami Page 135 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Thompson: Yes. Vice Chairman Sanchez: OK, plus all the names that have been proffered. There's a motion by Commissioner Regalado. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.2 07-00175 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Keichi Fuentes Mayor Manuel A. Diaz 07-00175 memo.pdf 07-00175 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0278 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Jose Keichi Fuentes as a member of the Waterfront Advisory Board. Vice Chairman Sanchez: And we go to the Water Advisory Board -- Waterfront Advisory Board. Commissioner Spence -Jones? Commissioner Spence -Jones: I'm deferring it. Vice Chairman Sanchez: All right. Priscilla A. Thompson (City Clerk): Both of them, ma'am? Vice Chairman Sanchez: Yeah, both have been -- there's no appointment on both, so -- Ms. Thompson: Then I need to put on the record that the Mayor has proffered the name of Jose K. Fuentes. City ofMiami Page 136 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: All right. There's a motion by the Mayor, the name that has been proffered. Is he a City resident? Does he need any waivers? Ms. Thompson: I -- not to my knowledge, no. He -- he's all right. Vice Chairman Sanchez: He's OK? Ms. Thompson: Yes. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: I'll move it. Vice Chairman Sanchez: There's a motion by Commissioner Regalado. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone wishing to vote no may also vote no. Hearing none, it passes. BC.3 07-00227 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Juan Carlos Flores Mayor Manuel A. Diaz 07-00227 memo.pdf 07-00227 members.pdf 07-00227 Legal Opinion.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0279 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Juan Carlos Flores as a member of the Orange Bowl Advisory Board. Vice Chairman Sanchez: And we go to the Orange Bowl Advisory Board. Commissioner Spence -Jones, you're recognized for appointments. Commissioner Spence -Jones: I'm re -- I'm deferring it for now. City ofMiami Page 137 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: I'll -- my -- Commissioner Spence -Jones: Let me ask the -- Madam Chair [sic]. Has the Orange Bowl Advisory Board been meeting now since we've been talking about this -- Vice Chairman Sanchez: They don't have -- they can't make quorum. Priscilla A. Thompson (City Clerk): First of all, it's Madam Clerk, not the Chair, OK. I don't want to take anything -- Commissioner Spence -Jones: Madam Clerk. Ms. Thompson: As far as I know, they are lacking a quorum, so we need to get these appointments done. Vice Chairman Sanchez: And that's a perfect example. I mean, the people who were sitting at the Orange Bowl Advisory Board weren't residents, but they were good people. You had Arthur Hertz, you had the coach of the University ofMiami football team at that time; Larry Coker, but since they weren't residents and now it's just for me, it's getting harder and harder to get people to -- Commissioner Spence -Jones: But I don't think they've been hav -- Vice Chairman Sanchez: -- volunteer. Commissioner Spence -Jones: -- they haven't been scheduling any meetings, though. Ms. Thompson: No. That's true. Vice Chairman Sanchez: That's because there isn't any quorum. Ms. Thompson: I was just -- that was -- it's a matter of them not been scheduling. Why they have not been scheduling, that I cannot answer. Vice Chairman Sanchez: No quorum. Commissioner Spence -Jones: No. There's someone. Vice Chairman Sanchez: Hard to get a quorum. Frank Castaneda (Chief of Staff Commissioner Gonzalez): I'm sorry. Frank Castaneda. The meetings have not been scheduled because we're waiting for the Administration as to what's going to happen with the Orange Bowl so that the -- Commissioner Spence -Jones: Yeah. Mr. Castaneda: -- board can react to it. Vice Chairman Sanchez: All right. Moving -- Commissioner Regalado: But I think -- Vice Chairman Sanchez: -- right along. Commissioner Regalado: -- that you shouldn't -- I don't know. The Chairman should call for a City ofMiami Page 138 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 meeting because, I mean -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- people are really -- wanted to express their thoughts on the Orange Bowl and these are -- Vice Chairman Sanchez: All right. Let's move right along. Come on. BC.4 -- Ms. Thompson: Excuse me. I'm sorry. Vice Chairman Sanchez: -- is the Zoning Board. Ms. Thompson: On your BC.3 for the Orange Bowl, the Mayor has proffered a name, the name ofJuan Carlos Flores. Vice Chairman Sanchez: All right. There's a motion --I mean, we need a motion. Commissioner Sarnoff So move. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- second by Commissioner Regalado. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.4 07-00402 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. Votes: APPOINTEE: NOMINATED BY: Jorge Luis Lopez Chairman Angel Gonzalez 07-00402 memo.pdf 07-00402 members.pdf 07-00402 Application.pdf 07-00402 application2.pdf 07-00402 Legal Opinion.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0281 City ofMiami Page 139 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 passed unanimously, with Chairman Gonzalez absent, to appoint Jorge Luis Lopez as a member of the Zoning Board. Vice Chairman Sanchez: And we move on to BC.4. BC.4 is the Zoning Board. Could someone proffer the name ofJorge Luis Lopez for the Chairman, Angel Gonzalez, appointment? Commissioner Sarnoff I proffer the name ofJorge Flores. Vice Chairman Sanchez: No, Jorge Luis Lopez. Commissioner Sarnoff Luis Lopez. I apologize. Vice Chairman Sanchez: All right, and -- Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: All right, and wait. I'm going to proffer Juvenal Pina, but he needs a five -- a fifth -- Priscilla A. Thompson (City Clerk): That's right. Vice Chairman Sanchez: -- waiver, right? Ms. Thompson: That's right. Vice Chairman Sanchez: So let's do him separately. All right. Let's go ahead and -- Commissioner Regalado: Move Jorge Luis Lopez. Vice Chairman Sanchez: Right. There's a motion and a second already for the record. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and Juvenal Pina would require a fifth fifth -- Ms. Thompson: A five- five -- Vice Chairman Sanchez: -- waiver. Ms. Thompson: -- becau -- Vice Chairman Sanchez: Five five waiver. Ms. Thompson: -- term limit waiver, so we need the full -- Commissioner Regalado: Well, if there is no five, it's a four-four. Ms. Thompson: No. On -- in -- your ordinance -- Vice Chairman Sanchez: All right. City ofMiami Page 140 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Thompson: -- is very specific. Vice Chairman Sanchez: OK. Ms. Thompson: It says five members. Vice Chairman Sanchez: Crystal clear. We're going to have to defer that to the next meeting. BC.5 07-00434 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ricardo Lambert Commissioner Tomas Regalado Jami Reyes Mayor Manuel A. Diaz 07-00434 memo.pdf 07-00434 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0280 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Ricardo Lambert and Jami Reyes as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Jami Reyes as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to waive the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Luis Cabrera as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Vice Chairman Sanchez: All right. BC.5. BC.5 is the Homeland Defense Neighborhood Improvement Bond Program, and I would defer mine. Commissioner Regalado has an appointment, the Mayor has an appointment, and -- Commissioner Regalado: I have an appointment. Vice Chairman Sanchez: -- the Chair has an appointment. City ofMiami Page 141 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: Rick Lambert. Vice Chairman Sanchez: All right. Commissioner Regalado proffers -- Commissioner Regalado: City residence, City elector. Vice Chairman Sanchez: OK. Any other names to be proffered? Priscilla A. Thompson (City Clerk): The Mayor has one. Vice Chairman Sanchez: Could you please put it in the record? Ms. Thompson: Jami Reyes, and she will need a four fifth waiver because of absences. Vice Chairman Sanchez: All right. Two names have been proffered; one requires a four fifth. Is there a motion? Commissioner Regalado: I move it. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right. There's a motion and a second. Does that include the four -fifth waiver? Ms. Thompson: It can. Vice Chairman Sanchez: Yeah. OK, there's four. Commissioner Sarnoff Four of us. Vice Chairman Sanchez: There's four of us here. Ms. Thompson: Yes. Vice Chairman Sanchez: OK. Ms. Thompson: I just needed to state it for -- by the mover. Commissioner Regalado: What? Ms. Thompson: Your motion is to go ahead with those names, along with the necessary -- Commissioner Regalado: Yeah -- Ms. Thompson: -- waiver for -- Commissioner Regalado: -- like -- Ms. Thompson: -- the absences. Commissioner Regalado: Yeah. Vice Chairman Sanchez: All right. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 142 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and then we go to the Parks Advisory Board, but that we sunset. Ms. Thompson: I'm sorry. Commissioner Spence -Jones: Yes. Ms. Thompson: I'm sorry. Can we go back to your BC.5, andI apologize? Vice Chairman Sanchez: OK, we go back. Ms. Thompson: Luis Cabrera was appointed on March 8, 2007, but he needs a four fifth waiver for his attendance, please. Commissioner Regalado: OK, so I move -- so we got Rick Lambert and Luis -- Ms. Thompson: That's done. Commissioner Regalado: -- Cabrera. Ms. Thompson: That's done. Commissioner Regalado: So I move a four fifth for Luis Cabrera. Vice Chairman Sanchez: All right. There's a motion. Is there a second, including the four fifth? Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a second on the floor. 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 07-00505 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado City ofMiami Page 143 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz 07-00505 memo.pdf 07-00505 members.pdf CONTINUED Vice Chairman Sanchez: All right. The Parks Advisory Board has been sunset, so let's go ahead and skip that, and we are working -- Madam Clerk. Priscilla A. Thompson (City Clerk): I'm sorry. We do have a question that we've posed to the Legal Department to find out if we can actually sunset the board by a motion because you listed it as a motion, so that was one of the questions that we -- Commissioner Regalado: Well, even if we cannot -- we don't have to appoint. Ms. Thompson: That's correct. Jorge L. Fernandez (City Attorney): We're looking at that issue. If it's created by an ordinance, the appropriate way of undoing it or sunsetting it should also be by an ordinance, but what you need to do right now, your intent is clear; do not make any appointments. We'll come back to you with appropriate vehicle, be it a resolution or an ordinance, to abolish the existing board and then creating a new one pursuant to your directions. Vice Chairman Sanchez: All right. You're OK with that, Madam Clerk? Ms. Thompson: Yes, sir. BC.7 07-00506 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00506 memo.pdf 07-00506 members.pdf CONTINUED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Vice Chairman Sanchez: All right, so we move on to BC.7. BC.7 is Miami Sports and Exhibition Authority. Are there any names to be proffered? That's another board that -- City ofMiami Page 144 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: Doesn't meet. Vice Chairman Sanchez: -- it's in limbo, so any appointments to that board? If not, moving right along to BC.8. BC.8 07-00507 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Yves Fortune Commissioner Tomas Regalado 07-00507 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0282 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Yves Fortune as a member of the Miami Street Codesignation Review Committee. Vice Chairman Sanchez: BC.8 is the Miami Streets [sic] Codesignation -- Commissioner Regalado: Yves -- Vice Chairman Sanchez: -- Review Committee. Commissioner Regalado: -- Fortune. I proffer Yves Fortune. Vice Chairman Sanchez: All right. There's been a name proffered. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a second. I will go ahead and defer mine, Madam Clerk, and the Chair is not here. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" on that name that was proffered. BC.9 07-00508 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 145 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 APPOINTEE: NOMINATED BY: Gene Tinnie Mayor Manuel A. Diaz 07-00508 memo.pdf 07-00508 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0283 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Gene Tinnie as a member of the Virginia Key Beach Park Trust. Vice Chairman Sanchez: And we go on to BC.9, which is the Virginia Key Beach. Priscilla A. Thompson (City Clerk): And on that one, we have a name proffered by the Mayor for Mr. -- to reappoint Mr. Gene Tinnie. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: He doesn't need any waivers, does he? Ms. Thompson: No, he doesn't. Vice Chairman Sanchez: He does not. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.10 07-00510 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Rodriguez Vice Chairman Joe Sanchez City ofMiami Page 146 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 07-00510 memo.pdf 07-00510 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0284 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Maria Rodriguez as a member of the Commission on the Status of Women. Vice Chairman Sanchez: We move to BC.10. It's a resolution, and it's appointing members to the Commission of [sic] the Status of Women. All right. The Chair is not here, so I have one appointment or reappointment, and I'd like to, I believe, reappoint Maria Rodriguez. She doesn't need any waivers. Priscilla A. Thompson (City Clerk): No, she does not. Vice Chairman Sanchez: All right. Could somebody make a motion for me? Commissioner Regalado: Move it. Commissioner Spence -Jones: Second. Commissioner Regalado: Move the name -- Vice Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Spence -Jones. Any discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.11 07-00511 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00511 memo.pdf 07-00511 members.pdf 07-00511 Legal Opinion.pdf NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez City ofMiami Page 147 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 CONTINUED Vice Chairman Sanchez: We move on to BC.11. That's the Planning Advisory Board, and the only appointments there are to be made by the Chair, and he is not present. BC.12 07-00512 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria A. Napoles Vice Chairman Joe Sanchez 07-00512 memo.pdf 07-00512 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0285 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, to appoint Maria A. Napoles as a member of the Arts and Entertainment Council. Vice Chairman Sanchez: We move on to BC.12. It's a resolution. That's the Art and Entertainment Council. The Chair has an appointment and Commissioner Michelle Spence -Jones has an appointment. Commissioner Spence -Jones: I'm deferring my appointment for now. Vice Chairman Sanchez: OK. For the record, Commissioner Spence -Jones is deferring her appointments. I will proffer the name ofMaria Napoles. Commissioner Regalado: Move Maria Napoles. Vice Chairman Sanchez: OK. There's a motion. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a motion and a second. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.13 07-00516 RESOLUTION City ofMiami Page 148 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Audrey M. Edmonson Board of County Commissioners 07-00516 memo.pdf 07-00516 members.pdf 07-00516 Letters.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0286 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to confirm the appointment of Miami -Dade County Commissioner Audrey M. Edmonson as a member of the Downtown Development Authority. Vice Chairman Sanchez: And we move on to the DDA (Downtown Development Authority), and that's -- we need an appointment. Priscilla A. Thompson (City Clerk): Just -- Vice Chairman Sanchez: It's Audrey Emmerson [sic], and she has been appointed by the Chair of the County for the DDA board of directors. Ms. Thompson: Right. As a correction to the record, that nomination is coming from the Board of County Commissioners and not from the DDA board of directors. Vice Chairman Sanchez: Right. It's by the County. Ms. Thompson: Yes. We need -- Vice Chairman Sanchez: OK. Ms. Thompson: -- to correct the record. Vice Chairman Sanchez: Sure. There's an appointment by the County; one from the State. Ms. Thompson: Correct. Vice Chairman Sanchez: All right. Could -- have somebody make a motion? Commissioner Sarnoff I'll so move. Commissioner Spence -Jones: Second. City ofMiami Page 149 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Commissioner Sarnoff second by Commissioner Spence -Jones to confirm -- what we're doing here is we're confirming -- Audrey Emmerson [sic], the Commissioner for the County. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right, and I guess that does it. City ofMiami Page 150 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 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 DISCUSSED Vice Chairman Sanchez: Madam Clerk, before -- Priscilla A. Thompson (City Clerk): DIs (Discussion Items), your discussion items. Vice Chairman Sanchez: Discussion items. Pedro G. Hernandez (City Manager): DI.1. Jorge L. Fernandez (City Attorney): And, Mr. Chairman, before you adjourn, there is an item that need to bring up, as well as a response to the pending issue with regard to Commissioner Sarnoff. Vice Chairman Sanchez: We will get to all that. I'm sure the fireworks aren't over yet. All right Commissioner Regalado: And I have a pocket item. Vice Chairman Sanchez: -- and there are pocket items. What item are we on now, Madam Clerk? Ms. Thompson: DI, Discussion Item 1. Vice Chairman Sanchez: Let me get to it. Hold on. OK. We're at DI [sic], and that's discussion concerning the financial update and budget outlook. Larry Spring: Commissioners, Larry Spring, chief financial officer. I'm putting on the record at this time, but we do have to provide all the Commissioners with a national written letter. The City just finished its audit and financial statements for 2006. That audit reflected a nine million plus surplus from last year. It also revealed that we do have a anti -deficiency incident in the Department of Fire -Rescue. The deficiency is basically caused by the unanticipated payment of the compensated absences in the department also known as "Earned Time Payoff. " We do a forecast for that every year. This year that request for payment was over budgeted and was not - - and the deficiency was not a mismanagement of the department, and I wanted to put that on the record. We will be providing the Commission with the required anti -deficiency letter, documented the incident, and the corrective action, which would be a retroactive budget amendment for 2006 to appropriate the necessary funds to cover that deficiency. We will be able to do that without increasing the budget appropriation in that we had a surplus, so it'll have no financial impact at the end of the day because of the surplus, butt needed to put that on the record today for the Commission because -- Vice Chairman Sanchez: Are there any questions pertaining to the financial update and budget outlook from the Commission? Commissioner Regalado: No. Vice Chairman Sanchez: All right. I happen to have the most obvious question that everyone's City ofMiami Page 151 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 asking is, you know, what is the impact -- and we've heard today from our lobbyist that, you know -- are -- is the City prepared for the outcome, whichever it may be, whether it's the best -case scenario or worst -case scenario? Does the City have a plan in place? And you heard it fi^om the lobbyists and you hear it from Tallahassee; something's going to happen, and something should happen because the taxpayers need a relief they need a break. Now, whatever the outcome of Tallahassee, is this City prepared to deal with it? Do we have a plan in place so we don't get caught off guard? Mr. Spring: We are -- as you may or may not know, and I think I've said it enough times here on the record, the City, along with the Budget Department, has done a thorough five-year forecast analysis of every single proposal that has come out of Tallahassee. Currently, and in preparation for the special session, we have, working with the Mayor and our legislative team, come up with a proposal that we are currently working on the financial impact of. Tomorrow, myself the Budget director, the Manager, and the Mayor will be meeting to discuss our budget message to the departments in preparation for what might come, and several, probably to the tune of two or three different budget scenarios prepared by the departments, will be made so that we can have -- be prepared with, you know, our plan to get ready for what might come. Again, you know, I think everybody on this Commission knows that the range of that impact on the City has gone from a -- it's from a few million dollars to well over 150 to $180 million one-year impact, based on everything that we've seen and discussed, and we're making the necessary, you know, adjustments that we need to. At the end of the day, I'll have to say, though, if the City is confronted with $180 million reduction in revenue, those cuts -- those cutbacks will be, you know, drastic in nature, and we'll have to come and work with the Commission fully to come up with that, you know, finalized plan, all the time keeping in mind that we need to preserve certain services because the City exists to provide public safety, public works, solid waste services to our citizens, so we are doing everything right now that we can in order to be prepared and -- Vice Chairman Sanchez: Well, Mr. Executive Director [sic], I think it's paramount that you keep us abreast of what could be the outcome of this. I think that whatever happens in Tallahassee -- we know something's going to happen, whether it's a five, ten, fifteen percent, seventeen percent - - they're going to be calling us, and as it is right now, the only information we get, it's either one, whether we contact Tallahassee or we get on the Internet and we try to obtain as much information, or you listen to the media, which, at time, is more misleading than anything, based on misinformation, so I think it's important that at least this legislative body be very aware of the outcome of Tallahassee, and I don't know what -- I mean, I don't know if you want to add in. I don't know how well you're informed of what's happening and the outcome of Tallahassee, but we will be faced -- and I'm telling you, I'm going to -- we have to do what Tallahassee tells us to do. If those -- the cuts of the tax reductions, whatever the outcome may be, whatever the formula, whatever the plan, I'm going to support the residents I represent. Whatever relief they get, they -- I'm going to give it to 'em, and if it's cutting services, we're going to cut services, and if it's laying off people, we're going to lay off people, all right. I just wanted to let you know where I'm at on this whole issue, because I think it's important for Tallahassee -- and I think that the City has done a -- its job in lobbying; as well as the County and other municipalities, butl think it's important for us to be calling Tallahassee and talking to the legislators and letting them know exactly what situation we will be in whatever the outcome may be of their plans, and I'm glad, you know, that this one is going into a special session. Why? I think now they could focus on the issue. It's a very complicated issue. You can't explain this issue with all the scenarios that have been presented in Tallahassee. I fried to explain it to people. It's just very confusing -- Mr. Spring: Right. Vice Chairman Sanchez: -- so now that they have an opportunity to focus on the issue, and you have the House and the Senate, and you're going to have -- the Governor having a little bit more control over the situation, bringing everyone together and working out a compromise because the only way this is going to be done is through a compromise, but I'll tell you, from the senators City ofMiami Page 152 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 that I've spoken to and the representatives that I've spoken to, something's going to happen. Mr. Spring: And we agree a hundred percent, and I want to put on the record that the City is, has, is, and con -- will continue to be proactive. Before the session started, I personally met with the Speaker of the House, Senator Atwater, Senator Haridopolos, Representative Lopez-Cantera, myself and gave them perspective financials on the City of what might happen based on the Speaker's plan. I know that the lobbying team has been in constant communication with the -- all of the representatives. We had a conference call just two days ago with several of the mayors around the state discussing a potential plan that we all can go and propose to the Legislature, so -- led by our mayor, so we are being very, very proactive. We're not just sitting back and waiting to see what might happen. We're actually, you know, coming up with some ideas that will have an impact on the City; will save our taxpayers, but won't have that draconian impact that we've been hearing a lot about, and we are staying abreast with real, live information. You know, it's not a reliance on the paper or Channel 7, you know. It is our contact with Tallahassee. It is our direct communication with the Legislature and the Governor, in fact, so I just want to make -- you know, put that on the record and make sure that -- Vice Chairman Sanchez: Well -- Mr. Spring: -- the Commissioners know that we are doing that. Vice Chairman Sanchez: -- with all due respect -- I cannot speak for the other Commissioners; I speak for myself-- I think a poor job has been done to try to keep us informed, at least from the City's aspect of it, not me going out and having to do research and get in the computer and communicate with Tallahassee. I think there needs to be a better job between the Administration and all the Commissioners on this issue. Mr. Hernandez: Well, Commissioner, as -- at the beginning, it was sort of difficult because we were getting a proposal everyday, if not more than one, and -- to which we reacted. I think now as the scenarios are dwindling down to just a few are being short-listed, we'll be able to provide you more detail as to the impact. We are prepared and we are, I would say prudently, reacting to what's going on and are being proactive, and we'll be able to provide you a better detail as to what appears to be the direction or the range in which we may end up as they move forward in the special session. Commissioner Sarnoff Well, can I ask a question, Mr. Chair? Vice Chairman Sanchez: Sure. Commissioner Sarnoff Our budget is approximately $520 million, correct? Mr. Hernandez: Right. Mr. Spring: Right. Commissioner Sarnoff And ad valorem taxes accounts for 50 -- Mr. Spring: Two fifty -- Mr. Hernandez: Two fifty to sixty. Mr. Spring: -- about -- yeah, yeah. Commissioner Sarnoff -- 250, so 10 percent reduction would be a $25 million hurt to the City -- City ofMiami Page 153 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Spring: Right. Commissioner Sarnoff -- 20 percent will be $50 million. That seems to be the range that everybody seems to be talking to us -- Mr. Spring: Right. Commissioner Sarnoff -- about. Mr. Spring: What does that mean for us? When we look -- if you look at our current five-year forecast that's in the budget book published right now, we expected for, you know, just by normal growth, about a $50 million growth. Based on those estimates, we could find ourselves in a situation that if the City takes a hard line with the budget this year and stay static or cut back a little bit from this year's level, we'll be able to absorb. The only thing that should put on the record, we are having at the leadership of the City Attorney, we're having a revenue workshop with some outside consultants next week where we will go over the revenue manual and all the revenue sources and potential increases that we could proffer to the Commission as a means of addressing the loss of ad valorem revenue, so again, I apologize if we haven't done a good enough job of communicating to you. We do have a 29-page document that will make sure that each of you get tonight before you leave or go to sleep to your BlackBerrys that goes through every single plan that has come out of Tallahassee, and probably, over the next couple of days, I'll give you an update on the plan that we are working on and what its impact will be on the City, so I'll make sure that you have it. Vice Chairman Sanchez: I would even go as far as suggesting maybe a workshop, you know, at - - when we get closer to what -- Mr. Spring: Right. Vice Chairman Sanchez: -- the outcome may be. Mr. Spring: Right. Not a problem. Mr. Hernandez: That is something that we can do, and also, as we move forward, I think that having a special session is good because it allows time for the legislators to understand better what the impact of those proposals are on municipalities and on counties, because as they were coming out so fast, it was difficult to understand what the impact would be of all these proposals. The legislators, even though they do want to have a reduction in property tax, at the same time, they don't want to get into a situation where they're bankrupting cities, so if-- with the time now between -- you know, until we get to the special session, they'll know, for example, the impact on a city like ours, an impact like -- a city like Orlando or Jacksonville or Pinecrest or in Opa Locka or West Miami, because the solutions are not one -size -fits -all. The solutions have to be carefully crafted because they do have different impacts depending on the revenue make-up of a city. Vice Chairman Sanchez: All right. Any further questions on it? Commissioner Regalado, you're recognized. Commissioner Regalado: One thing. I fully agree with the Chairman. I mean, I have to depend on the wire stories and the information and also the members of the Legislature that call in to the media and through me to the people on the media, butt understand the confusion that -- but my point in bringing this item -- and, unfortunately, we didn't have that much time -- wasn't that much about getting information of what is going on there, but as to getting information of our strategy. I never knew. I read something that you and Mayor were saying -- explaining to the members of the Legislature that we should propose something regarding the value of the City ofMiami Page 154 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 property and the amount of tax and the value of the property. Mr. Spring: Right. Commissioner Regalado: I will tell you that outright that's inconstitution [sic] because the Constitution of the state of Florida says clearly everyone pays the same taxes. You cannot -- for us to give the senior citizen a $25, 000, we have to vote and amend the state Constitution, so this is a very complicated -- hopefully, you know, they going to come up with something to supplement the services. The Speaker and the Governor understand that we need to have, the cities does, a -- some kind of revenue, at least for public safety so we can assure that there will not be any reduction in public safety, butt will tell you that my hope is that you keep us inform, not only what is going on because I mean, we get on the Internet and we know what is going -- a bill has been filed;; this bill didn't go to -- the strategy of the City. I didn't know anything about the strategy of the City on this regular session, and most likely, I will not be informed of the strategy of the City in the special session. Mr. Spring: We'll make sure that you're informed. Vice Chairman Sanchez: All right. Commissioner Regalado: OK. Vice Chairman Sanchez: All right. Thank you so much. DI.2 07-00435a DISCUSSION ITEM Office of the City DISCUSSION CONCERNING AN UPDATE ABOUT THE Attorney LEAFLETS/HANDBILL ORDINANCE. 07-00435a Cover Email.pdf DISCUSSED Vice Chairman Sanchez: DI.2 is a discussion item. It's -- that's the -- City Attorney. Julie O. Bru (Deputy City Attorney): Yes. Mr. Chairman, we've been working pursuant to the directive of this Commission, with the City Manager. There is a little mini task force, ifI could refer to it as such, that we're looking at different options. We're working with the Police legal advisor from the enforcement perspective. We're working with Mariano with respect to the regulatory perspective. We have a proposed ordinance that we will be bringing in June dealing with a couple of issues; one of them be requiring events that are held in venues that are controlled by the City to impose some sort of bond requirement to assist in cleaning up with these leaflets and illegal signs. Another thing we're doing is we're looking at the possibility of providing an ordinance that would create a presumption that whoever's being benefited by the sign or the advertisement is responsible for the illegal placement, so it is a complicated issue for two reasons. Number one, we have to be very careful about not infringing on Constitutional rights. Vice Chairman Sanchez: 'Tutional [sic] rights. Ms. Bru: It's a very, very delicate area, and number two, the enforcement aspect. It would be civil penalties. Right now we don't have a mechanism whereby the county court system would enforce civil code violations of the City ofMiami. The only mechanism we have is the Code Enforcement Board, and as you know, the only teeth that it has is to lien property, and when you're dealing with something like this that happens in a street, it's very hard to then go after the perpetrator or the offender. Commissioner Sarnoff Is there a prohibition --? I mean, when I lived in New Orleans, we had City ofMiami Page 155 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 what was called "First City Court, " and first city court enforced the penalties, provision, and ordinances of the City of New Orleans. Is there any provision that precludes county court from enforcing our ordinances, or is there any way we could opt -- Bru: No. Commissioner Sarnoff -- into that? Ms. Bru: There isn't any prohibition against it. It's just a matter that the county clerk, up to now, has not been -- the courts -- the county court system here in Miami -Dade County, they have not been enforcing civil code violations of the City ofMiami. There is a procedure for doing it for the County, and they do it, so our Police legal advisor is meeting with representatives of the county court system to discuss coming up with a mechanism for doing that. Commissioner Sarnoff So that -- Ms. Bru: We used to have a municipal court, and it was abolished years ago. Commissioner Sarnoff Right, right, right. I'd heard that, and I don't know the reasons for it. Ms. Bru: No. Commissioner Sarnoff I'll presume it was a good reason, but -- I mean, as opposed to paying a judge, or whatever we want to call him, a jurist, and if the county would accept, I don't know if we'd have to pay them for a fee or how it'd work out, but if they were to accept our cases, so to speak, then you would be in front of a jurist who was elected and you could -- it seems like a much more viable system. Ms. Bru: That's exactly what we're looking at, to come to a -- some sort of interlocal with the County on that. Commissioner Sarnoff OK. Vice Chairman Sanchez: All right, so we're making progress on that. All right. The last item, which was the PZ (Planning & Zoning) item, has been deferred? Pedro G. Hernandez (City Manager): That was deferred -- Vice Chairman Sanchez: -- till five -- Mr. Hernandez: -- to May 24. Vice Chairman Sanchez: All right. City ofMiami Page 156 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 PART B PZ.1 07-00298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING, IN PRINCIPLE, THE MIAMI PARKS AND PUBLIC SPACES MASTER PLAN, DATED MAY, 2007, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF CITY OF MIAMI PARKS AND PUBLIC SPACES AS ENVISIONED IN THE MIAMI 21 INITIATIVE. 07-00298- City of Miami Park Master Plan-PAB PFS& Legislation.pdf 07-00298 CC Legislation (Version 2) - OLD.PDF 07-00298 Miami Parks and Public Spaces Master Plan.pdf 07-00298 (Version 2) - Updated.PDF 07-00298 CC Fact Sheet 05-10-07.pdf 07-00298 CC Fact Sheet 05-24-07.pdf 07-00298 PAB Reso.PDF APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on May 16, 2007. PURPOSE: This will allow the adoption and implementation of the City of Miami Parks Master Plan as a guiding tool for the future development and preservation of the City's Parks and Public Spaces as envisioned in the Miami 21 initiative. DEFERRED Item PZ.1 was deferred to the Commission meeting currently scheduled for May 24, 2007. NON AGENDA ITEMS NA.1 07-00649 DISCUSSION ITEM DISCUSSION CONCERNING THE SOFTBALL GAME SPONSORED BY COMMISSIONER SARNOFF. DISCUSSED Commissioner Sarnoff And just as a substitute, just suggest to you -- I wanted to thank you for the game that we played this past Sunday, which we will now call the Commissioner's Cup, and you'll notice that the cup resides at District 2, but because this is a first game and because Commissioner Sanchez struck out -- not swinging, mind you, but watching the third strike -- we're going to allow that we can -- Vice Chairman Sanchez: That happens to the best of us. Commissioner Sarnoff -- we're going to allow a game in about three months and do it all over again. Vice Chairman Sanchez: You want a rematch. City ofMiami Page 157 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 NA.2 07-00652 Commissioner Sarnoff I just want to say one thing. It is -- what goes on in this -- up on this dais is business, and it could be tough, and it could be rough, and it can be discerning at times, but I think it's a great opportunity for all of us in the City ofMiami -- I know that our City Manager was out there, and I know that Orlando Toledo was out there playing on the team, or trying to play, and I know there were a series of other people, and you could tell everybody that played on Monday because they were all sitting down, and they couldn't get up very quickly. I'm learning what a weekend warrior means, but I think it was a great opportunity for all of us, and we had a lot of fun, and I think sometimes in our busy lives, one of the things that I know I forget is fun. Now Commissioner Sanchez says he never forgets to have fun, so he's teaching me a great lesson. Thank you for the game. Vice Chairman Sanchez: Thank you. I don't think anybody was the loser. Everyone was a winner at that game. Commissioner Sarnoff I agree. Vice Chairman Sanchez: All right. Before we go to -- Commissioner Regalado: Hey, at least -- Vice Chairman Sanchez: -- Commissioner -- Commissioner Regalado: -- you won one. Commissioner Sarnoff That's right. DISCUSSION ITEM Discussion Regarding the old Miami High School bungalow. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager to locate funds for the Dade Heritage Trust in order to preserve the old Miami High School bungalow, and to bring this item back at the City Commission meeting currently scheduled for June 14, 2007. Vice Chairman Sanchez: Barbara. Barbara Gomez (Director, Community Development): That's it. Vice Chairman Sanchez: Barbara, let -- before you go on, on PH9, we have, as you are aware - - the Dade Heritage Trust is here, and I'm sure you each have heard ofMiami High Bungalow, who sits on the South Side Park. That property in itself you are aware that we have already secured $350, 000 grant from the State of Florida, and we have -- and they have $300, 000 from the County. Now they have a shortfall, and because of the hurricane damage and delays, they have a shortfall of $55, 000 that they need. This piece of property is located in South Side Park. They are in the process of restoring it. I spoke to you about this to fry to work out where the funding could come from and on PH 9. As long as the funding falls under soft cost and is identified as soft cost, we have the ability to assist them. They are here, and I'd like a representative to come up and speak on the issue pertaining to this. Becky Roper Matkov: Thank you so much. I'm Becky Roper Matkov, executive director of Dade Heritage Trust, Miami's largest historic preservation nonprofit organization. I appreciate your bringing this up, Commissioner Sanchez. Dade Heritage Trust has partnered with the City of Miami several years ago to save the very oldest high school building in all ofMiami, the old City ofMiami Page 158 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Miami High School Bungalow, which was built in 1905; served as the first Miami High School, and then was actually the first south side elementary school, as well. It was going to be demolished for a high-rise development in 2003, and we and the City relocated it, and I might emphasize it is a City -owned building in a City -owned park, and Dade Heritage Trust has been working to raise money for this City project so that it can become an office for this park, and I want to emphasize South Side Park has no office, no manager, and it's a very underutilized beautiful asset to the City, and particularly, the condominiums have now -- are surrounding it; more than ever, that park needs to be used, maintained, secure, and to have programming going in it. This building, when it is completed, will serve that purpose for that park. What we -- we had put together a budget several years ago when we went to the State of Florida for a special category grant. That is like a four -year -old budget, and when -- we have gotten all the architectural plans approved from the preservation board, from all the City permitting departments. We have everything ready to go, and then we finally got a good firm, experienced contractor's bid just actually a few weeks ago, and it is $55, 000 more than we have available. Vice Chairman Sanchez: It's a small price to pay to preserve a big part ofMiami. All right, and just to elaborate on what you're saying, the park in itself now, it's a park that, although not heavily utilized, the reason why is because it doesn't have any supervision. It's a park that has no security, no type of City -- the services are provided to the park, but the park in itself once we're able to establish that, it could be used as a NET (Neighborhood Enhancement Team) office; it could be used as a City facility, an informative facility, where people could go and have town meetings or have community meetings -- Ms. Roper Matkov: Exactly. Vice Chairman Sanchez: -- and the only thing that I'm asking for -- and I'm not asking you for any money -- the only thing that I'm asking is for you, Madam Director, to go out and identify where we could obtain that -- those funds, and come back to see if we could cover that gap so we could preserve this part of our history, which if we don't take any action now, we're going to lose it, and we're going to be criticized because we're going to end up losing the $350, 000 grant that we got from the State, and of course, the $300, 000 that we got from the County, so having said that, I would proffer a motion directing the executive director to come back identifying the $55, 000 shortfund [sic] gap for this project. So move -- and I would like to make sure that, on this language, we bring it back before May -- at the May 24 Commission meeting, so -- Ms. Gomez: Commissioner -- Vice Chairman Sanchez: -- we could either vote it up or vote it down. Ms. Gomez: -- ifI can have you change it for June 12, it'll give me the time that need in order to advertise anything that we find -- Vice Chairman Sanchez: Well -- Ms. Roper Matkov: Could I --? Ms. Gomez: -- so if we can do it then -- prior to that, I'm still going to have to come back again because I don't have the 30-day window. Commissioner Regalado: ButMr. Chairman -- Vice Chairman Sanchez: Hold on. Is there a problem on that, the June 12? Ms. Roper Matkov: Well, yeah. We are going -- if we have not signed the contractors -- you know, the contract with -- to begin construction and come with the funds, I -- before June 30, we City ofMiami Page 159 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Gomez: OK -- Ms. Roper Matkov: -- lose our State grant, so -- Ms. Gomez: -- you -- Ms. Roper Matkov: -- it has to be -- Ms. Gomez: -- I can bring it -- Commissioner Regalado: But -- Ms. Gomez: -- back June 12. Ms. Roper Matkov: -- begun before then. Commissioner Regalado: -- what happens to the historical preservation that we have in the bond money? We have bond for historic purposes. It was in the advertising that was given to me. We have, I don't know, how many million dollars -- Ms. Roper Matkov: Three million. Commissioner Regalado: -- in bond money for -- Ms. Gomez: I don't know -- Commissioner Regalado: -- historical. I think it were five. Vice Chairman Sanchez: Three million. Commissioner Regalado: Three million, three million. Ms. Gomez: I don't know about the bond. Vice Chairman Sanchez: But isn't it in the second allotment of the -- second series? Mary Conway: Mary Conway, chief of Operations. As part of the reallocation of the bond monies, the second series historic preservation monies were reallocated to other projects, except for those that were already approved grants, where the bond monies were being used as a match, so that's not a source. However, we are accessing whether there are other capital funds that we could use -- Commissioner Regalado: Whoa, whoa. That's -- Ms. Conway: -- for the 55,000. Commissioner Regalado: -- you're saying that's not a source, but it was the voter's will, historical preservation, and now we can reallocate money from the museum to -- because there is a sense of urgency here. I mean, you keep dipping into Community Development, and I'm telling you that what is coming from Tallahassee is real, and we have to (UNINTELLIGIBLE). I think that there are historical preservation money available, and if not, we can switch it, the same way that we switch -- that we decided that $3 million for historic preservation can be used for other things, you know, we can take some money from somewhere because the problem is City ofMiami Page 160 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 that if they leave here not knowing that they will get the money -- because the Chairman has made a motion to fry to find the money -- they're not sure, but we need to understand that we can if you switch money for one thing, you can switch money for other thing, so I'm telling you, the money is there, and we just need the direction to the Manager because there were $3 million that were really advertised and were presented to the voters for historic preservation. Now we don't have the $3 million, so don't tell me that one thing that was advertised needs to be done and another thing that was advertised needs not to be done. Vice Chairman Sanchez: Mr. City Attorney, the motion stands to direct you to find the funding and bring it back to this Commission, and then it's a policy issue as to whether the funding will be approved or not, so I would ask that you explore to see where the funding could be reached -- Ms. Gomez: We will. Vice Chairman Sanchez: -- to fry to save one of our treasures in Miami, which is the first high -- Miami High, first school in the City ofMiami, Bungalow -- Ms. Roper Matkov: Exactly. Vice Chairman Sanchez: -- and it's a very reasonable request. Anyone -- I think all of us are very supportive of preserving our history, and therefore, the motion is very simple. We're not asking for any money, but the thing is that it's got to be brought back before the 30th ofJune -- Ms. Roper Matkov: Well, no. It has to be sooner because -- Vice Chairman Sanchez: Sooner -- Ms. Roper Matkov: -- I have to get the -- Vice Chairman Sanchez: -- so -- Ms. Roper Matkov: -- State grant. Vice Chairman Sanchez: -- June 14? Ms. Roper Matkov: At least two weeks before the 30th. Vice Chairman Sanchez: June 14 -- Ms. Roper Matkov: I have -- Vice Chairman Sanchez: -- is the Commission meeting, correct? Ms. Gomez: June 12 is Community Development meeting. Priscilla A. Thompson (City Clerk): However -- Vice Chairman Sanchez: Well, but see, here's the issue. We want to basically -- we don't want to limit ourselves to one funding. We have to look and explore all the fundings. Ms. Gomez: Right. Pedro G. Hernandez (City Manager): Right. Vice Chairman Sanchez: You can't bring it -- if it's another funding, you can't bring it -- City ofMiami Page 161 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Hernandez: Mr. -- Vice Chairman Sanchez: -- in your special meeting. Mr. Hernandez: -- Chairman, I think I feel confident that, either through Capital Improvements or Community Development, we'll be able to come up with a funding source to support the project. If it's CIP (Capital Improvements Program), I mean, we can do it by Hay 24; if it's Community Development, we can do it by June 14. Vice Chairman Sanchez: All right, so -- Ms. Roper Matkov: Sooner, the better. Vice Chairman Sanchez: -- the sooner, the better, so the -- basically, the motion is to direct you to find the funding and bring it back as quickly as possible. Mr. Hernandez: Yes. I mean, if I'm able to identify the funding that you can act on on the 24th ofMay, I'll have it on that agenda. Vice Chairman Sanchez: All right, and you will keep Dade Heritage abreast as to the progress that we're making on this issue because time is of an essence to us. Ms. Roper Matkov: It really is. I thank you. Vice Chairman Sanchez: All right, and I cannot -- I have to pass the gavel. Commissioner Sarnoff has the gavel; he's acting as Chair, and therefore, that would be my motion. Ms. Gomez: Mr. Chairman, I just got information on PH8, Commissioner Sarnoff. The company that you looked up was Palmetto Home, Inc., and the one that we're giving the -- Ms. Thompson: I'm sorry, I'm sorry. Vice Chairman Sanchez: Whoa, whoa, whoa. Let's not confuse the issue. Ms. Thompson: Thank you. Vice Chairman Sanchez: We'll get back to PH8. Hold on. Ms. Thompson: We're -- Vice Chairman Sanchez: Let's vote on this. Ms. Gomez: Oh. Vice Chairman Sanchez: We'll bring it back. I mean, we'll -- Ms. Gomez: OK. Vice Chairman Sanchez: -- bring it back. If you've got -- Ms. Gomez: Then you bring it back. Vice Chairman Sanchez: Yeah. We'll bring it back. City ofMiami Page 162 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Ms. Thompson: And -- Ms. Gomez: I believe that they wanted to bring it for a reconsideration -- Vice Chairman Sanchez: Yeah. Ms. Gomez: -- the PH.8. Vice Chairman Sanchez: Yeah. It'll be taken up -- Ms. Thompson: We're actually on -- Vice Chairman Sanchez: -- after this action. We'll bring it back. Commissioner Spence -Jones: OK. Which item are you talking about now? Mr. Hernandez: We're on PH9. Vice Chairman Sanchez: (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Palmetto Home -- right. He just said -- Vice Chairman Sanchez: We're bringing that back. Right now, the item that's on the floor is that we're directing the City Manager to go out and seek funding, a shortfall of $55, 000 -- Commissioner Spence -Jones: I know for that issue, but I just -- Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: -- was briefed on the way coming over here by the City Attorney and my staff that their -- you brought up the Palmetto Homes issue. That -- Vice Chairman Sanchez: No. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: No. We're going to -- Ms. Gomez: That's the item that was -- Commissioner Spence -Jones: She just mentioned it. Ms. Gomez: -- defer. Commissioner Sarnoff Yeah, but he's -- Vice Chairman Sanchez: We're going to bring it back -- Commissioner Sarnoff -- the Commissioner's not speaking -- Vice Chairman Sanchez: -- later. Commissioner Sarnoff -- on that issue right now. Commissioner Spence -Jones: Right. City ofMiami Page 163 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: No. We're doing Miami High. Commissioner Sarnoff We'll come back -- Commissioner Spence -Jones: That's what I'm -- Commissioner Sarnoff IfI made a mistake, we'll come back. Ms. Gomez: No, no, no. Commissioner Spence -Jones: All right. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: All right. Vice Chairman Sanchez: Mr. Chairman, I move. Commissioner Sarnoff All right, so we have a motion. Do we have a second? Commissioner Spence -Jones: Second. Commissioner Sarnoff All right. Public -- is this a public hearing or no? Ms. Thompson: No. Commissioner Regalado: It is a public hearing. Commissioner Sarnoff I don't think it is. Commissioner Regalado: Everything in here is a public hearing -- Vice Chairman Sanchez: It's not a public hearing. Commissioner Regalado: -- but I just want to -- Commissioner Spence -Jones: Well, if it's -- Commissioner Regalado: -- understand. Can we just get the money from historical preservation from the bond money? I mean, is there -- is it so difficult to get an answer? Mr. Hernandez: Commissioner, I believe that we may be able to do it. I want to be certain before I say so. Whatl offer the Chairman before was that ifI have a source that is not Community Development, I can have the item before you on May 24 and have the final action then, which will give her ample time -- Ms. Roper Matkov: Yeah, I know; that'd be good. Mr. Hernandez: -- to do it. Commissioner Regalado: OK. Vice Chairman Sanchez: Call the question. City ofMiami Page 164 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Regalado: All in favor. Commissioner Sarnoff OK. I'm sorry. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff All opposed, having the same right. Motion carries. Ms. Roper Matkov: Thank y'all very much. NA.3 07-00655 DISCUSSION ITEM Discussion regarding Home Depot litigation. Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, FAILED by the following vote. Ayes: 2 - Commissioner Sarnoff and Regalado Noes: 2 - Commissioner Sanchez and Spence -Jones Absent: 1 - Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, with Chairman Gonzalez absent, asking that a letter be submitted to the Administration requesting, in writing, a response to his questions relating to the Home Depot litigation. Commissioner Sarnoff Mr. Chairman. Vice Chairman Sanchez: Commissioner Sarnoff you're recognized. Commissioner Sarnoff Point of -- a point of privilege, sir. Under Zoning Ordinance Section 1200, 1204, and 904, as an officer of the City ofMiami, I'm allowed to ask the City Administration -- and I'd like to do this action in a little more collegial way. I'd like to get the Commission to ask the Zoning Administrator and/or the Zoning -- the Planning director, through the City Manager, to address and respond, in writing, to the following questions: Number one, is retail space a characteristic of use, where characteristics of use are defined in Section 1107, such as signs, off-street parking, loading, lighting, landscaping, or similar matters? I'd also like the following questions answered: Is a large retail store permitted use or permitted by special exception in the NCD-3 district? Number two, where the owner of a retail site that has been vacant and nonoperational for more than one year zoned C-1 and located within the NCD (Neighborhood Conservation District) zoning district seeks to operate a large-scale retail establishment of approximately 70,000 square feet, is such use prohibited as a nonconforming use? If the answer is in the negative, is the new large-scale establishment otherwise required to obtain a special exception, pursuant to Section 803.6.3 of the Zoning Code? Thirdly and finally, is the NCD-3 Coconut Grove Neighborhood Conservation District to -- intended to apply to all uses, buildings, or only to new uses and buildings? Can I get that response in writing? "[Later...]" Vice Chairman Sanchez: All right, so where do we go from here? Commissioner Sarnoff I asked you for a point of privilege, and you granted it to me. Vice Chairman Sanchez: Go ahead. Commissioner Sarnoff OK. Would you like me to go back over it, Mr. City -- Vice Chairman Sanchez: What -- City ofMiami Page 165 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff --Manager, City Attorney? Vice Chairman Sanchez: -- was that directed -- Jorge L. Fernandez (City Attorney): Well -- Vice Chairman Sanchez: -- what was -- Mr. Fernandez: No. Vice Chairman Sanchez: -- that --? Commissioner Sarnoff I'm asking -- Pedro G. Hernandez (City Manager): It was a series of questions to -- Commissioner Sarnoff Correct. Mr. Hernandez: -- the Administration, that the Commissioner is asking for us to provide responses to. Vice Chairman Sanchez: OK. Commissioner Sarnoff Correct. Vice Chairman Sanchez: Can he just turn over that list to you and you do that, and that's it? Mr. Fernandez: Yeah. Mr. Hernandez: Yes. Mr. Fernandez: The only problem is that Commissioner Sarnoff has invoked and has gotten this City Commission involved on an issue that it is in litigation. All of the questions that the Commissioner has asked, either he or someone involved in the litigation process has already asked, and the City, under the direction of the CityAttorney's Office, have chosen not to answer, because this goes to the heart and to the issue of the strategy that the City's pursuing in the litigation that has been filed against the City by those individuals who are disgruntled with the Home Depot situation, so while Commissioner Sarnoff is all within his rights to do whatever he deems appropriate for himself and his constituents, I would suggest to you that my advice to the Administration would be not to answer those questions because precisely answering those questions -- they are the questions that are the gravamen, or they are the issues being raised in the lawsuit, and for that matter, why go to a court? Then decide this issue outside of court. Commissioner Sarnoff Well, understand, Mr. City Attorney, I'm only frying to be within the purview of my duties as an officer of the City ofMiami, and if you're somehow instructing that that shouldn't occur, then just go on the record and state that some point of privilege or some point of order is in order, and ifI need to bring this as a motion, I will, but don't think even need to do this in a public setting, but I'm doing it out of a collegial attitude in front of everyone to suggest that this is the answers to questions that are allowed under our procedure of government to get answered by the Commissioner in writing. Mr. Fernandez: Well, I -- you know, again, this is an issue that, perhaps, we need to discuss. Commissioner Sarnoff, you asked me, someone involved in the litigation, I believe the attorney representing the interest of the individuals opposed to the Home Depot, basically phrased almost the identical questions that you have raised, and they were elevated to the Zoning administrator; City ofMiami Page 166 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 the Zoning administrator consulted with us, and the Zoning administrator has issued a response to that letter. Now to circumvent that process and to put the Adminisfration in a position of having to answer those questions, which are technically, legal questions that are the subject matter of the lawsuit, I think places the City and places your City Attorney in a awfully precarious situation. I do not want to wrestle with the Commissioner. The Commissioner has the right to ask what he wants. He has invoked the authority of the City Commission. He would need two of you to go along with him in order for that to be an official order that the Administration would have to answer. I would not enter -- I would not object to that. If the City Manager is given a direction by the Commission, the City Manager has to obey it. My choice, and as your Attorney, I'm asking you not to concur with the honorable Commissioner in this regard. This is a heated lawsuit that's being debated in the courts, and the merits of the lawsuit, my suggestion to you, notwithstanding the agenda that the Commissioner is pursuing on behalf of his constituents, is to let a court of law rule on the facts and on the law. Commissioner Sarnoff Well, I'm going to make a motion, then. I'm going to make a motion to ask the Planning administrator to provide us the written responses to the questions I asked. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: I will second that for discussion. Vice Chairman Sanchez: No. There isn't going to be no discussion, not from me. Commissioner Regalado: No. Vice Chairman Sanchez: We're ready for a vote. Commissioner Regalado: Here's the thing. Here, you have the conflict of the powers of an elected official, and what you say, it's a court case. Now the question that comes to mind is for whatever litigation, are we forbidden to get information on a single matter? Suppose that we want to, again, openly discuss the fire fee. We are in litigation. Hot -- it's hotter than the Home Depot. Suppose that we want to get a discussion on the FTAA (Free Trade Area of the Americas) legal cases that we still have pending. That is a very hot item because we have like ten to fifteen suit pending that could cost the City a lot of money, so what I don't understand is how can we not perform the duties of a member of a zoning quasi judicial board and get information. Maybe, if you do not want to present that information in public, the question is, is it to respond not at all, not in private, not --? I know that if you write something, it becomes public record, but -- I mean, the member of a quasi-judicial board have the right to have that information, so my question, is are we going to be judged by the same rules in every litigation that is a hot issue in the City? Mr. Fernandez: This is a very difficult issue, and I -- you know, I respect Commissioner Sarnoff and the -- his official duties and his responsibility to his constituents. He's an attorney, and he, more than anybody in this Commission, realizes and understands the dynamics. You know, we have engaged him. He has engaged members of the Administration any number of times with regard to issues related to Home Depot, because it is not a secret that Commissioner Sarnoff has, you know, a platform and correctly so, entitled to have oppositions to Home Depot going where it's going, and -- so it's not an issue of that. It's an issue simply of the duties that I have towards this Commission and towards the Adminisfration to advance the best defense when we are being sued. We're being sued by interests adverse to the City, and you know -- and then when a Commissioner identifies with those interests -- Commissioner Sarnoffs name is not in the lawsuit. I don't know that he has any other involvement, other than being the Commissioner for the district that's filing the lawsuit, but I am really in a pickle, and I would beg off some time so that I could seriously obtain the wise counsel of some ethics direction from the Florida Bar or from someone who has been confronted with an issue where one of your own Commissioners, City ofMiami Page 167 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 you know, strongly opposes the position that you, a City Attorney, are taking in a lawsuit. You know, he's chosen to put me in this predicament at this time, and totally unprepared -- Commissioner Regalado: But -- Mr. Fernandez: -- for, so -- Commissioner Regalado: -- Mr. Chairman, can I -- Vice Chairman Sanchez: No, no, no, no. Hey, listen, listen, let's -- Commissioner Regalado: Can I -- Vice Chairman Sanchez: -- fry to keep order here. This issue was not on the agenda. We brought it as a point of order. The Attorney is speaking. When he's done, I'll allow you the opportunity, but you know -- Commissioner Regalado: No. I just -- Vice Chairman Sanchez: -- I'm not going to allow this agenda -- Commissioner Regalado: -- want to make a suggestion. Vice Chairman Sanchez: -- to be hijacked, so go ahead. Mr. Fernandez: If it's -- again, I need to think through this issue. I had no idea that Commissioner Sarnoff was going to be bringing this item up. As recently as yesterday or the day before, he asked for some information. We provided him -- the Administration gave him copy of a response to a letter that, in essence, asked exactly the same questions that he's asking here today, and obviously, the response he got was not satisfactory to him nor to the folks who are suing the City. Commissioner Sarnoff Well, Mr. City Attorney, the only thing I'd ask you to do is the response that was given to you from the Planning and Zoning Board, I hope you wouldn't destroy it and insert the response that you gave us, because that's not the response the Planning and Zoning adminisfrator gave you. Mr. Fernandez: Well, does the Planning and Zoning adminisfrator have a response? You know, I -- at one point, I have to step back and allow the Manager to assume the level of responsibility that he needs to assume for his employees, vis-a-vis, the relation to this Board, and this Board, in the Charter, has very clear instructions with regard to the interference on the part of this Board or any of its member with the conduct of the Administration. I am not fully prepared to address precisely how the Charter reads in that concern. Vice Chairman Sanchez: All right. Mr. Fernandez: I don't know whether what Commissioner Sarnoff is trying to do by invoking or trying to get two of you, additional to him, to go along with it, whether that, in essence, is a way around the Charter or not. I am, frankly, not prepared at this point to give that level of legal advice to you all, but I turn it over to the City Manager. Commissioner Spence -Jones: Mr. Chairman, before it goes to the -- Mr. Chairman. Vice Chairman Sanchez: You're recognized. City ofMiami Page 168 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Spence -Jones: Before it goes to the City Manager, I just would like to ask a question so that I'm clear. Based upon what you're telling us, are you saying --? First of all, the City will become exposed if we vote on it -- on this particular item that Commissioner Sarnoff is bringing -- this would -- this -- the City Administration responding, this could actually expose us to some sort of liability. Is that what you're --? Mr. Fernandez: Yes, further litigation -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- on the part of those parties that would -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- be affected. Commissioner Spence -Jones: That's the first thing, and then the second part of that is, does that expose us, individually? Mr. Fernandez: No, I don't think that that would expose you individually, but then again, I haven't had the opportunity to look at what the Charter says with regard to this Commission, you know, together, not clearly individually. No one of you may -- Commissioner Spence -Jones: I mean, like the fire fee thing. I think I wasn't involved in the fire fee issue, but I believe -- Mr. Fernandez: Correct. Commissioner Spence -Jones: -- some of the other Commissioners were, correct? Mr. Fernandez: We have been having a series of shade meetings in that regard. Perhaps a solution to this quandary is to have a shade meeting. At which point in time, in a strict confidence, where no one, not even then, Commissioner Sarnoff, could inform anyone else of what's discussed at that shade meeting, different from the opportunity that he would have to share whatever information he gets with those who are suing the City -- Commissioner Spence -Jones: Well -- Mr. Fernandez: -- so perhaps, the way of getting around this whole quandary -- Vice Chairman Sanchez: Shade meeting. Commissioner Spence -Jones: I mean, I definitely don't have a issue with doing that, Commissioner Sarnoff, so that -- I mean -- Commissioner Sarnoff Well, I think there're a few things that aren't being said. By issuing -- Commissioner Spence -Jones: Because I would want to understand the issue better. Commissioner Sarnoff -- this letter, what you haven't been told, is that you could equally put an end to the litigation. By issuing this letter, would -- could be -- would could occur is that this could come back in front of this Commission and be resolved by this Commission. Those are the things that I'd like to get to. Those are the things that, when I read the Charter -- and forgive me, I happen to be a lawyer as well, and I apologize for that, but as I read the Charter, I'm allowed to bring these issues as a point of order, as a Commissioner of the district. Whether I City ofMiami Page 169 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 have a platform or not -- I don't happen to know Commissioner Sanchez's platform. I don't happen to know Commissioner Spence -Jones's platform, and I don't happen to know Tomas Regalado's platform, surmisable is you know my platform. I believe that this would, in some respects, curtail litigation, and put an issue that really belongs in front of this Commission, because once this letter is issued, it can be appealed by either side to this Commission, and that it could be put to rest. Now, can there be further litigation? As a lawyer, I could tell you absolutely. Now, what I can tell you, as well, nobody here is exposed personally to anything because nobody's waiving their statutory immunity. I just -- sometimes I don't like fear to be the cause of the day or the call of the day when a lawyer gets up and says, "But I can't really tell you whether you'll be personally exposed." You won't be. Mr. Fernandez: No, and I've never said individually you would be individually exposed. Now, the -- what Commissioner -- you know, giving you my interpretation of what Commissioner Sarnoff has said, is that, for the longest time, the individuals opposed to the Home Depot had been trying to get this Commission involved. From a legal perspective, I view it my job until you, the majority of you, tell me differently that it's my job to keep this Commission or to keep the processes that are in place functioning, and if there has been no reason up until now to get the Commission involved in the Home Depot issue, and you haven't been involved, why allow the bootstrapping effect to take a place to get you on the bind, to get you to opine, then for the litigation to continue on the basis of an appeal that you have made? It's an issue of strategy. I understand those that are opposed to Home Depot are pursuing that -- had been pursuing it for a long time, and I, as your City Attorney, had been opposing that as a legitimate strategy to defending a lawsuit. Now, what Commissioner -- in summary, what Commissioner Sarnoff is trying to do is frying to get a bootstrapping effect so that this Commission rules by way of an appeal from this letter, and then once you appeal, then litigation continues, and it continues on a different footing. Right now, the litigation, in my opinion, is not on very solid ground, simply because there is no action of this City Commission -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- and deposition of the City would suffer considerably if that were to happen. Vice Chairman Sanchez: Mr. City Manager, you wanted to add something to this before we close it and -- Mr. Hernandez: Yes. I'll be -- Vice Chairman Sanchez: -- vote on this? Mr. Hernandez: -- brief. Obviously, the Administration can respond to the questions. However, in a case that is under litigation or potential litigation, it's only wise and prudent for the Administration to check with the CityAttorney's Office, and that's where, you know, upon their advice, the change in the wording of the letter was done. We had specific responses. However, when we checked with the CityAttorney's Office, the recommendation was to change it because of what the City Attorney very detailed, you know, expressed as to what could happen. It would be -- our response to the questions would be considered a decision by the Zoning administrator that then would be subject to an appeal of the City Commission, but it doesn't ensure that it would not end up in court. It would probably end up in court no matter what. Vice Chairman Sanchez: All right. No further discussion. Anyone else wishing to discuss the item? Commissioner Regalado. Commissioner Regalado: I feel so uncomfortable because I can see or maybe I'm hearing wrong, butt got a -- this feeling that the City Attorney is frying to tell us that a member of this Board of Commissioner is siding with some people and needs information to provide munitions City ofMiami Page 170 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 to the other side in order to -- well, sort of defeat the City. It is very uncomfortable because -- Mr. Fernandez: Well -- Commissioner Regalado: -- these are elected officials, and I just feel -- my suggestion was going to be, ifyou have a shade meeting, with the Commissioner, you don't have to bring the whole City Commission, and you have a court reporter, and you respond to all the questions, then he could make a decision as the area representative and as the Commissioner and as the -- as a legal -- a member of the Florida Bar in good standing, officer of the court, to decide if he brings an item in the agenda. If he brings it on the agenda and he gets the vote, so be it. That's -- because you know, we've been known to end litigation with votes several times, with or without the recommendation of the City Attorney, so you know, don't fry to undermine the -- maybe his good will of ending a litigation and not blaming the guy, because he's trying to help the enemy. Mr. Hernandez: OK. Commissioner Regalado: Actually, the enemy is the residents, but I don't know. Is it possible that you guys can have a shade meeting with him only? Mr. Fernandez: No. The State Statute is very specific as to the nature of shade meetings, and I'm not imputing to Commissioner Sarnoff any ill motives, and only he can answer the question as to the nature of the relationship that he has with the faction that has filed the lawsuit against the City. I am not insinuating, again, any nefarious motive or purpose. Whether he communicates and what he communicates to them, that's totally his purview, and I would never venture into that area. Now, by the same token, I am very sure of what I'm telling you, and as -- you know, you can settle. I have no horse or dog -- what is it that you have in the ra --? No. Horse in -- Mr. Hernandez: Dog -- Mr. Fernandez: -- the race; dog in the fight in this whole issue, and, yes, you can terminate. What you think would be terminate in one litigation, in my opinion, would be commencing another one, and at the end of the day, I am only here to give you the best legal advice I can, and to guide the City in -- from a legal perspective. I am not imputing reputations; I am not undermining anybody, butt have to speak forth -- clearly and forthrightly with regard to what I know is happening. Commissioner Sarnoff Mr. City Attorney -- Commissioner Spence -Jones: Mr. Chairman. Commissioner Sarnoff -- I just -- just one observation. Your choice of adjectives certainly convey your sentiment. Mr. Fernandez: Yes. Commissioner Spence -Jones: OK. Ms. -- Mr. Fernandez: Yes, and I have strong sentiments, always. Commissioner Spence -Jones: Mr. Chairman, first of all, I'm hearing the City Manager basically saying that he's not comfortable with doing this. I'm hearing the City Man -- excuse me, the City Attorney saying he's not comfortable with this, so it makes it a little difficult because really don't want to make a decision that's going to affect us in the overall. Now, on one end, though, I do hear Commissioner Sarnoffs viewpoint on this issue, and I know that this is a big concern for City ofMiami Page 171 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 him. I would be more than willing to support Commissioner Sarnoff even participating in the shade meeting to discuss it so that we fully understand what your issues and concerns are, because I think that we don't -- some of us may not have the same sort of sensibilities. I've become a little bit more aware of some of yours from our, you know, trip that we did, you know, in the district to share districts, so it gave me a better insight of what your concerns were, and I would be willing to definitely support that happening. I just don't want to vote on something that could affect the City from a long-term perspective, so if you don't mind, I would really -- I mean, would agree with Commissioner Regalado, that we vote on doing a shade meeting on it, and then -- I'm sure that once -- what you explained to me, basically, from the frip we did this past week, a lot of the stuff made sense, you know, so I think that all of us have not had the opportunity to understand that, and I think it would help. Commissioner Sarnoff OK. Vice Chairman Sanchez: All right. Commissioner -- Madam Clerk. Priscilla A. Thompson (City Clerk): No. You have a motion on the floor. Vice Chairman Sanchez: Yes, we do. Commissioner Regalado, do you still second it or you're withdrawing the motion? Commissioner Regalado: No. I will be withdrawing the motion. Vice Chairman Sanchez: There is -- Ms. Thompson: Withdrawing the second. Vice Chairman Sanchez: -- motion -- OK. There is a motion. Is there a second to his -- so the motion dies. There is no second. Ms. Thompson: Wait, wait. Let's make sure. Did Commissioner Regalado withdraw -- Vice Chairman Sanchez: He withdrew his motion. Ms. Thompson: -- his second? OK. Vice Chairman Sanchez: Yes. Ms. Thompson: All right. We don't have another second to that particular motion? Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Right, but we're -- Vice Chairman Sanchez: What -- Commissioner Spence -Jones: -- introducing a new one, though, right? Vice Chairman Sanchez: All right. Whatl would, as the Chair -- and I think that the Commissioner's entitled to have those response, maybe not in a position where we expose the City and we put the City in liability. However, a shade meeting on this would be appropriate for this Commission. It is a very sensitive issue. It is an issue that really affects -- Commissioner Spence -Jones: His district. City ofMiami Page 172 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- his district, and I have the outmost [sic] respect for him in fighting for what he believes in his district, so questions to be asked and -- by an attorney should always be addressed. However, I've always taken in light your recommendation as an attorney because you represent the City, so therefore, what I am requesting, with all due respect, is that we schedule the shade meeting ASAP (As Soon As Possible) -- Mr. Fernandez: Well, I'm look -- Vice Chairman Sanchez: -- to address some of these issues. Under the shade, it's under confidentiality and there's no concerns on my part. Mr. Fernandez: The scope of a shade meeting -- and we're looking at the statute right now -- shade meetings that I have conducted before have always been as a result of settlement proposals that are pending to discuss the strategy to achieve settlement. In this case, there is no settlement proposal, and so, whether a shade meeting could be had to air with Commissioner or with the Commissioners the position of the City, that's the research I'm doing. If one can be had legitimately, under state statute, then I would certainly call for one. Vice Chairman Sanchez: Well, if one does, then we'll have one. Mr. Fernandez: Correct. Vice Chairman Sanchez: If it doesn't, then we won't, but I think it's important that these answers that the -- the concerns and answers [sic] the Commissioners has, they be addressed. Mr. Fernandez: Well -- and I will feel much more comfortable if, in fact, we could have one, because at that point in time, I am then extreme -- I am extremely confident at that point in time - Vice Chairman Sanchez: All right. Mr. Fernandez: -- that anything revealed to Commissioner Sarnoff in the context of a shade meeting, he will not be able then to share with anyone else, and frankly, my concern is that outside of the shade meeting, I have every reason to believe that Commissioner Sarnoff being allied with the forces that are suing the City in this case, will, of course, share all that information with them, and that's a -- frankly, a concern that I have, and that's not casting aspersions -- Vice Chairman Sanchez: Counsel. Mr. Fernandez: -- that's not doing anything else. Vice Chairman Sanchez: Counsel. Mr. Fernandez: That's just simply facts. Vice Chairman Sanchez: Counsel, with all due respect -- Mr. Hernandez: Mr. -- Vice Chairman Sanchez: -- I -- first of all -- Commissioner Regalado: No, no, no. Vice Chairman Sanchez: -- I don't think any -- well, hold, hold, hold, hold. That's it. We're City ofMiami Page 173 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 going -- no more discussion. I don't think anybody's taking anything personal here. Commissioner Spence -Jones: Yes. Come on. Vice Chairman Sanchez: No one's taking anything personal. He has every right to defend his district. He has every right to have a platform. He has every right to do what he wants in this Commission, as long as he doesn't violate City Charter. Mr. Fernandez: Correct. Vice Chairman Sanchez: OK, so does everybody here, with all due respect, so having said that, we're not going to discuss the issue anymore. Commissioner Spence -Jones: So when will we find out about the shade meeting? Vice Chairman Sanchez: They'll get back -- no, no. Listen, I've got to get control of this Commission meeting. Commissioner Regalado: No. Mr. Chairman. Vice Chairman Sanchez: No, no, no. I got to -- Commissioner Regalado: I -- Vice Chairman Sanchez: -- get control of this Commission meeting, or we'll never get out of here. Commissioner Regalado: -- second the motion. Vice Chairman Sanchez: I thought that we were going to be out of here -- Commissioner Regalado: No. I second the motion now. Vice Chairman Sanchez: You second the motion now? Commissioner Regalado: Yes, and I want a vote. Vice Chairman Sanchez: All right. There's a second by Commissioner Regalado on the motion. Roll call. Ms. Thompson: Just for clarity. The motion that was on the floor was -- Commissioner Regalado: The motion for his questions. Ms. Thompson: OK. The question for that letter to go to the Planning administrator. All right. Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? City ofMiami Page 174 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Commissioner Sarnoff Yes. Ms. Thompson: Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: The motion then fails. Vice Chairman Sanchez: All right. We move on. Commissioner Spence -Jones: OK. Mr. Chairman, though, I still would like to put back on the record for the City Attorney to come back -- when can you let us know about the shade meeting, because I think that it's very important for us to allow Commissioner Sarnoff the opportunity to express any of the issues -- for us to fully understand the issues? Mr. Hernandez: IfI may. I think this is important that I say this. The information that is being asked for, I believe that the majority of it, we have already responded to, and staff has verbally discussed those issues with the Commissioner. Now, in a shade meeting, we would then have the opportunity to share with all of you the same details that he has heard -- Commissioner Spence -Jones: I would like to know those. Mr. Hernandez: -- already. Commissioner Spence -Jones: Is there -- Mr. Hernandez: So, in essence -- Commissioner Spence -Jones: -- an issue with that? Mr. Hernandez: -- the questions themselves are not new questions to the Administration, are things that we have already discussed or responded to. Mr. Fernandez: The -- my concern is putting anything in writing, number one, that would be that -- that would serve for the basis of an appeal, which clearly that's what Commissioner Sarnoff wants to do, create the position to bring an appeal, and having a shade meeting, if one were possible, would not produce anything in writing. Having a shade meeting, Lourdes Slazyk, Orlando Toledo will not be able, according to the state statute, to be present at the shade meeting, because a shade meeting, by state statute, is very limited to the number of people that can participate, and so therefore, I could have a response to you before the end of business today here with regard to whether a shade meeting is indicated for the reasons that you want to have it or not. Vice Chairman Sanchez: All right. Moving on. Any more point of privileges? Commissioner Sarnoff No. I appreciate -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- that point of privilege, though. Vice Chairman Sanchez: OK. NA.4 07-00642 DISCUSSION ITEM Discussion concerning straw ballot language in reference to the election of a City ofMiami Page 175 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 property appraiser. DISCUSSED Julie O. Bru (Deputy City Attorney): Mr. Chairman, before you move on, I just want to -- Commissioner Spence -Jones: I have discussion. Ms. Bru: -- for the record, say that we had previously been directed by Commissioner Regalado that in the event that we were to have a general election, which this bill of rights question would call for a general election, that he wanted to have a ballot language also proposed -- a sfraw ballot dealing with the election of the property appraiser, so proceeding under that directive, we will also bring back language -- Vice Chairman Sanchez: Well, we've done -- Ms. Bru: -- if that is the will of the Commission. Vice Chairman Sanchez: -- we'll -- that's -- that'll be the what, the second time we do it? Commissioner Regalado: The second time, but this time we're going to do it right. Ms. Bru: OK. Now there were oral arguments already on the Hialeah case, and we suspect that an opinion will be forthcoming, so we were waiting for that opinion to come down, but we are working on proposing some language, some straw ballot language; we'll have it ready. If there's an opinion rendered by the Third DCA (District Court ofAppeals) on the Hialeah case, we can proceed with it. Vice Chairman Sanchez: All right. Commissioner Regalado: In two proposals of the House and the Senate for property taxes reduction, they have included recommending to Miami -Dade County, the only county without an elected property appraiser, to have the election, so that would make it easier. NA.5 07-00643 DISCUSSION ITEM Discussion concerning the scheduling of a Special Commission Meeting, to be held June 12, 2007, to discuss Community Development funding. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and passed unanimously, with Chairman Gonzalez absent, to schedule a Special Commission meeting to discuss Community Development funding, to be held June 12, 2007. Vice Chairman Sanchez: I have a memo from the Chairman to the City Clerk, and the subject is a Special City Commission meeting, to be held on June 12, 207 [sic], at 9 a.m., and that is pursuant to Section 2-33 of the City ofMiami Code. The Chairman has requested to call a special meeting of the City ofMiami Commission, to be scheduled on June 12, 207 [sic], at 9 a.m. The purpose of this meeting is to address the Community Development's annual funding item. No other business should be conducted outside of that indicated above, and of course, that's for the benefit of the public, and he has requested this meeting, so Madam Clerk, it's been read into the record, and June 12, 207 [sic], at 9 a.m., we'll be having a special City Commission meeting only to address Community Development's annual funding item, which has been brought as a concern by some of the Commissioners. City ofMiami Page 176 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 NA.6 07-00644 Priscilla A. Thompson (City Clerk): And your -- that requires a motion -- Vice Chairman Sanchez: Yeah -- Ms. Thompson: -- and a vote. Vice Chairman Sanchez: -- and I am -- I cannot make the motion as the Chair, but someone would proffer a motion. Commissioner Regalado: I'll move -- Vice Chairman Sanchez: There's a motion by Commissioner -- Commissioner Regalado: -- the motion of the Chairman. Vice Chairman Sanchez: -- Regalado -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- second by Commissioner Sarnoff. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, say "nay." Motion carries. DISCUSSION ITEM Discussion concerning the scheduling of a Special Commission Meeting to address Miami 21. DISCUSSED Vice Chairman Sanchez: And before we go to the pocket items on this meeting, since we're talking about a special meeting, let me just see if my colleagues would support me on this. I honestly think that Miami 21 is going to require a special meeting. There's no way you're going to be able to get a hundred people that are going to show up to address Miami 21 in three or four hours, so listen, for the sake of good government, let's provide all those that have some concerns for Miami 21 a special meeting, where we could address the concerns, and I could tell you, there are a lot of concerns out there, and I think that we would be doing an injustice to the people we represent if we had the Miami 21 on a regular Commission meeting. There's just no way. It's a very complicated issue; people would want to speak; people would want to be educated on the issue, so maybe we could start at 9; break for two hours in the middle of the day, and come back and finish it about 7, 8, or 9, if that's the will of this Commission, so I would proffer that. And I think it's just good government, Mr. City Manager -- Pedro G. Hernandez (City Manager): I -- Vice Chairman Sanchez: -- to be able to have a special meeting just to focus on Miami 21. Mr. Hernandez: Mr. Chairman, I totally agree, and unless you have a specific date now, I would rather, then contact your offices and fry to establish that date. Vice Chairman Sanchez: I know that there is a workshop going to be -- Commissioner Sarnoff Right. City ofMiami Page 177 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- going on. Commissioner Sarnoff Mr. Manager, are we doing the UDRB (Urban Development Review Board) workshop, Urban Development and Resign [sic] View [sic] Board? Mr. Hernandez: I believe that that's going forward, yes. I don't know the date right now right off -- May? Vice Chairman Sanchez: Well, the day -- Mr. Hernandez: It's May 16. Commissioner Sarnoff May 16. Vice Chairman Sanchez: -- so maybe we -- Mr. Hernandez: May 16. Vice Chairman Sanchez: -- after that, we could go ahead and schedule that meeting. Just have the Administration get with the City Clerk and get with all the Commissioners to -- based on availability, then we could have the meeting here, start at 9; have a two-hour lunch, and then see if we could wrap it up, maybe 5, 6. Commissioner Sarnoff I -- this is going to -- let me just caution everybody, and I spoke to the Chair a moment ago. This is not something you can do in consecutive hours. This really fatigues your mind. This fatigues -- this is not like looking at a pretty picture and going "I like thatMUSP (Major Use Special Permit) because that's -- looks like a good-looking building." I mean, you're essentially rebuilding the entire City ofMiami and people have a lot at stake, but I like the idea of breaking for a long period of time because I think everybody needs to take a little bit of a rest. I don't know that you're going to get it done in one day, but you only have to plan for one day; I agree with that, but it's a very fatiguing process to go through Miami 21. It's -- I know Commissioner Spence -Jones is going through it. I'm going through it. It's not like anything else we look at. It's multiplied by 20, and you're just getting to the tip of the iceberg. Commissioner Spence -Jones: And the changes. Commissioner Sarnoff Right, and the changes that come back, and then some of the changes don't come back correctly, and I know I have one person dedicated to that, and I commend him for doing it, but it's a very big undertaking, and it needs to be broken up. NA.7 07-00645 DISCUSSION ITEM Discussion concerning Section 14 of the City Charter, reference "Commission may investigate official transactions, acts, and conduct." 07-00645 Submittal Affidavit.pdf DISCUSSED Vice Chairman Sanchez: Let's go to pocket items. Any pocket items? Commissioner Regalado: I have one. Vice Chairman Sanchez: Sir, you're recognized, for the record, on your pocket item. Commissioner Regalado: Thank you, Mr. Chairman. Under Section 14 of the Charter, the City Commission has power to investigate transactions of any office or department of the city government and any other investigation, or secure information upon any matter, and in City ofMiami Page 178 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 conducting such investigation, the Mayor, the City Commission, or any committee may require the attendance of witness and the production of books. By this, I am introducing a resolution, asking that the Administration and the City Attorney conduct an investigation, in behalf of the City Commission regarding the violation -- the possible violation, according to media reports, of a resolution approved by the City Commission of nondisclosure of payment for lobbying on a zoning issue, specifically the case ofApril 26, with the T-shirts, because Supreme Court has ruled that signs on T-shirt is a speech, so that will be a motion. Vice Chairman Sanchez: Boy -- Commissioner Sarnoff I'll second it. Vice Chairman Sanchez: -- and the hits just keep on coming today, huh? Commissioner Regalado: Huh? Vice Chairman Sanchez: And the hits just keep on coming today. Commissioner Regalado: Well, that's -- Vice Chairman Sanchez: Since what -- when was the last time this legislative body directed the Administration or the Mayor to investigate anybody? Commissioner Regalado: The what? Commissioner Sarnoff No, but it's part of Chapter 14. It's right in there. Commissioner Regalado: When -- to investigate -- Commissioner Sarnoff Anything. Commissioner Regalado: Huh? Commissioner Sarnoff To -- when is the last time that this Board has asked anyone to investigate anything. Commissioner Regalado: Well, we did that on '96 and '97, I remember. We use -- Vice Chairman Sanchez: '96/'97? Commissioner Regalado: -- power of -- yeah. Vice Chairman Sanchez: I just want to -- Commissioner Regalado: -- of the subpoena. Vice Chairman Sanchez: -- I'm not familiar with the process. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Neither am I. I should start reading the Charter myself right now. Vice Chairman Sanchez: I mean, if you guys would provide information as -- you know, and share information with us. I mean, you bring these -- Commissioner Regalado: No. I'm -- City ofMiami Page 179 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Vice Chairman Sanchez: -- surprise -- Commissioner Regalado: -- just -- look, it's very simple. This is very simple. This is preliminary. This is not a shocker. There is a chapter whereby the City Commission has the power to request an investigation, and because of that investigation, the City Commission can issue subpoenas and produce -- Mr. Fernandez: Again -- Commissioner Regalado: -- ask for any information. Media reports said that people were paid, and there was a nondisclosure, so we pass a resolution -- you guys did -- and this happen, so I would like to investigate. That's all that there is to it. Commissioner Sarnoff Also, I'd like to direct into the record an affidavit. The affidavit is by Annette Mayer Diaz --Annette Mayer Diaz, not Mayor Diaz, Mayer, M-A-Y-E-R, Diaz. I'm going to give it to the Clerk. I'll give copies to the -- to my colleagues. Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: No. Go ahead. It's -- it gets more interesting. Mr. Fernandez: Yes. Again, and with absolutely no opportunity to have thoughtfully considered all of this, let me carefully read to you and interpret, as I go along, Section 14 of the Charter. Vice Chairman Sanchez: Could I read it? Commissioner Regalado: The Mayor, the City Commission, or any committee therefore [sic] may investigate -- Mr. Fernandez: OK. Let me -- again, "the Mayor, the City Commission, or any committee thereof may investigate the financial transactions of any office or department of city government and the official acts and conduct of any city official." Now, what I heard Commissioner Regalado ask is that we do not investigate a City department or a City official, but that we investigate activities that transpired during a period of time. Commissioner Regalado: Right. Vice Chairman Sanchez: So -- Commissioner Regalado: That's what I said. Pedro G. Hernandez (City Manager): Outside of the -- Commissioner Regalado: I was very clear. Mr. Fernandez: Correct. I don't know that the Charter provision -- Commissioner Regalado: "And by similar investigation, may secure information upon any matter." Mr. Fernandez: Correct, but matters related, and that's all part of the sentence. If you see, there is a comma separating that, and that is controlled by the beginning of that sentence, which means investigation of city departments and city officials. I will have to further ponder this to see whether, in fact, the powers that this Commission or the Mayor has to investigate extends to - City ofMiami Page 180 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 - and by the way, the investigating party would have to be the Mayor or the Commission itself. I don't know that you can delegate that to the -- Commissioner Sarnoff No. It says, "Or any committee thereof" Commissioner Regalado: The police. Mr. Fernandez: Or any committee thereof. A committee ofyou all. Commissioner Regalado: It could be us. It could be a committee we designate. Commissioner Regalado: Well, but the thing is -- here, here. This is very easy. This is very easy. What the Commission is investigating or should be investigating is the possible violation of a law, a rule established by the City Commission in a resolution that was approved by the Commission. That's all that there is to it. Very simple. Mr. Fernandez: I -- Vice Chairman Sanchez: City official in similar investigation, may secure information upon any matter mayor,-- Commission or any -- Commissioner Spence -Jones: You want to put on the record what we're frying to investigate? Priscilla A. Thompson (City Clerk): Your -- Commissioner Regalado: Huh? Commissioner Spence -Jones: What are we trying to investigate? Ms. Thompson: I'm sorry. You need to turn your mike on. I'm sorry. Commissioner Spence -Jones: I'm trying to understand what we're frying to investigate. Commissioner Regalado: We're trying to investigate -- Commissioner Spence -Jones: The people in the yellow shirts? Vice Chairman Sanchez: Yeah. Commissioner Regalado: -- if there was any violation of a policy established by the City Commission. Nondisclosure. Mr. Fernandez: Again, under the resolution, which was what was in effect at the time of the alleged incident -- I don't have the resolution in front of me. I would need to look at the resolution to be able to opine to you whether, in fact, under that resolution, there is a method for enforcement that has consequences of the like, whether it should be refer to what body for appropriately being investigated. Commissioner Regalado: Right, but -- and the reason I did this today is because the City Commission, by a majority, 4/0, approved the ordinance -- Vice Chairman Sanchez: Listen -- Commissioner Regalado: -- the disclosure -- City ofMiami Page 181 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Fernandez: Correct. Commissioner Regalado: -- but anyway, I'll tell you what. You do your research -- Mr. Fernandez: Yes. Commissioner Regalado: -- and on the next Commission meeting, I'll -- Mr. Fernandez: Yes. Commissioner Regalado: -- put it in the agenda, and we discuss if we can be, you know, the body that -- what the Charter says it can be, you know, or if we cannot do it. Mr. Fernandez: I will provide you, before next City Commission meeting, a fully written -- thoughtfully written legal opinion with regard to the powers of this Commission to conduct that type of investigation, and -- Commissioner Regalado: No. To conduct an investigation -- Mr. Fernandez: Right. Commissioner Regalado: -- about a possible violation -- Mr. Fernandez: Correct. Commissioner Regalado: -- of a resolution -- Mr. Fernandez: Of the resolution. Commissioner Regalado: -- which is a policy. Mr. Fernandez: Correct. Commissioner Regalado: We're not telling you to investigate, or my purpose is not to investigate out there. It's to investigate, specific, the violation of a resolution that was approved by the City Commission. Vice Chairman Sanchez: Well, let me just give you heads up on this. I've read this now, and I am prepared to investigate any office or department of the city government and the off-- and the official act and conduct of any City official, but nowhere does it say anything about investigating citizens that come in front of this Commission. Commissioner Regalado: But -- Vice Chairman Sanchez: If you set out the presence [sic] that you're going to be investigating people that come in front of this Commission, don't count on me. Commissioner Regalado: No, and it's not about that. It's about trying to find out if a resolution was violated. That's all that there is to it. Vice Chairman Sanchez: Well -- Mr. Fernandez: Correct. I understand, Commissioner Regalado, exactly what you -- Commissioner Regalado: It isn't about what you thought. It's about the resolution. City ofMiami Page 182 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Fernandez: Correct, exactly, and we will have an opinion for you in short order. Vice Chairman Sanchez: Unbelievable. NA.8 07-00646 DISCUSSION ITEM Discussion concerning the scheduling of an attorney/client session, to be held May 24, 2007, referencing settlement negotiations in the case of Jerry Frank Townsend versus City of Miami, et al. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and passed unanimously, with Chairman Gonzalez absent, to schedule an attorney/client session, to be held May 24, 2007, at 2: 00 p.m., referencing settlement negotiations in the case ofJerry Frank Townsend versus City ofMiami, et al. Vice Chairman Sanchez: Mr. City Attorney, I believe you wanted to be recognized. Jorge L. Fernandez (City Attorney): Yes, I do. I, your City Attorney -- and I'm following strictly the requirements of state statute -- hereby request an attorney -client session with you, the City Commission, at the next available public meeting, and that would be May 24, for the purpose of discussing settlement negotiations in the case ofJerry Frank Townsend versus City ofMiami, James Boone, Bruce Charles Robertson, Howard Gary, and Cesar Odio, and Donald Warshaw, pending in the United States District Court for the Southern District of Florida, case number 03-21072 CIV-Jordan. Very briefly, and all need to put on the record, this is a federal lawsuit pending against the City. There is an offer ofjudgment and there is an offer to settle this case. This is a case of great importance to the City. The very basic -- Commissioner Sarnoff Wait, wait, wait. Mr. Fernandez: -- facts, which we will discuss at length at the shade meeting, is that an individual was incarcerated for over 20 years, and as a result of DNA (Deoxyribonucleic Acid) testing, it came that perhaps the allegations are that it was the wrong individual who was incarcerated. These are -- Commissioner Regalado: But that's the -- Mr. Fernandez: -- all allegations. Commissioner Regalado: -- Legislature. They just pass a bill to compensate people that were wrongly -- Mr. Fernandez: Right, but not in this case. Not yet. That -- they have set the process for individuals like this to perhaps be able to assert a claim against the City also -- Commissioner Sarnoff Mr. City -- Mr. Fernandez: -- and this is civil rights. This has nothing to do with a State cause of action. Commissioner Sarnoff Right, and there is no offer ofjudgment in federal court of any magnitude. City ofMiami Page 183 Printed on 5/29/2007 City Commission Meeting Minutes May 10, 2007 Mr. Fernandez: No. I -- it's a proposed settlement. A settlement offer, I meant to say. I misspoke -- Vice Chairman Sanchez: All right. OK. Mr. Fernandez: -- and so I need for you to -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- call this and be on the agenda that on May 24, for half an hour -- that's all it would take -- we would make sure that we conduct that type of a meeting. Vice Chairman Sanchez: All right. Client privilege -- Mr. Fernandez: Yes. It's a shade meeting. Vice Chairman Sanchez: -- a shade meeting. Mr. Fernandez: It's what's called a shade meeting. Vice Chairman Sanchez: The date that you proffered. At what time? Mr. Fernandez: May 24, at 2 o'clock. Vice Chairman Sanchez: At 2 o'clock. All right. There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: The motion has been made by Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion passes, and the meeting has been set for that date. All right. Anything else? If not, I think a motion to adjourn, and we will have a ten-minute recess, and then we'll come back. The CRA (Community Redevelopment Agency) should be very brief. City ofMiami Page 184 Printed on 5/29/2007