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HomeMy WebLinkAboutCC 2007-06-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 14, 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 June 14, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION 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 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 14th day of June 2007, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9: 38 a.m., recessed at 12: 22 p.m., reconvened at 2: 39 p.m., and adjourned at 5: 29 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the June 14, 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc David Sarnoff, and me, Angel Gonzalez, Chairman. Also on the dais are Pete Hernandez, City Manager, Jorge Fernandez, City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner -- Vice Chairman Sanchez and the pledge of allegiance by Commissioner Marc Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00787 CEREMONIAL ITEM Honoree Presenter Protocol Item Charlotte & Emily Hill Mayor Diaz Certificate of Merit Neyda Galvez Mayor Diaz Certificate of Appreciation Brett Bibeau Vice Chair Sanchez Certificate of Appreciation Pat Morris Vice Chair Sanchez Certificate of Appreciation Liza Gallardo Walton Vice Chair Sanchez Certificate of Appreciation Christian Neptune Commissioner Spence -Jones Salute Christabelle's Quarter Restaurant Commissioner Sarnoff Salute Other Acknowledgments Mayor Diaz The City of Miami Office of Strategic Planning, Budgeting and Performance is recognized with the Distinguished Budget Presentation Award for Fiscal Year 2006-07 given by the Government Finance Officers Association. City ofMiami Page 3 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Miami Fire Rescue Department Members of the City of Miami Fire Rescue Department are presented with the ALS Peer Recognition Awards. 07-00787-Protocol List.pdf PRESENTED 1. Mayor Diaz presented Certificates of Merit to Charlotte Hill, Emily Hill, and Brian Kamilar for their physical excellence and competitive talents, and applaud the Hill sisters for being named to the nine -member 2007Intercollegiate Sailing Association of North America Women's All -American Team. 2. Mayor Diaz acknowledged the City ofMiami Office of Strategic Planning, Budgeting and Performance as recipients of the Distinguished Budget Presentation Award for Fiscal Year 2006-07 given by the Government Finance Officers Association. 3. Mayor Diaz presented Department of Information Technology Assistant Director Neyda Galvez with a Certificate of Appreciation in recognition of her 28 years of superior performance and dedication to the City ofMiami. 4. Mayor Diaz and Chief William "Shorty" Bryson presented members of the City ofMiami Fire Rescue Department with ALS Peer Recognition Awards. 5. Vice Chairman Sanchez presented a Certificate of Appreciation to Coral Way NET Administrator Liza Gallardo Walton for her participation in the Relay for Life fundraising event to benefit the American Cancer Society. 6. Commissioner Spence -Jones presented a Salute to Emanuel Washington for his outstanding service as a former firefighter and as the founder of the Overtown Optimist Club. 7. Commissioner Spence -Jones presented a Salute to Christian Neptune as an outstanding business owner in the Little Haiti area for 28 years. 8. Commissioner Sarnoff presented a Salute to John El-Masry and Kim Koch, owners of Christabelle's Quarter Restaurant, a new restaurant that will serve as a unique cultural catalyst and important addition to chic and trendy Coconut Grove. Chairman Gonzalez: Now we're going to go into presentations and proclamations, andl believe Mayor Diaz has about four different presentations. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, and good morning to all of you. Presentations delivered. MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES Chairman Gonzalez: Let the record reflect that there has been no vetoes from the Mayor's Office. Is that correct, Madam City Clerk? Priscilla A. Thompson (City Clerk): That is correct, sir. City ofMiami Page 4 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDER OF THE DAY Chairman Gonzalez: All right. Also, we need a motion to approve the regular -- the minutes of the regular meeting of May 10, 2007. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Chairman Gonzalez: All right. That concludes the presentations and proclamations. We will now begin the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): 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 Code section about lobbyists is available in the City Clerk's office. The materials in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Any person or entity requesting approval, relief or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement of the hearing, 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 objection to the requested approval, relief or action; to whom the consideration has been provided or committed; the nature of the consideration, and a description of what is being requested in exchange for the consideration. The disclosure form is available from the City Clerk and must be read into the record by the requesting person 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, or 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 a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the chamber shall do so quietly. Persons may address the City Commission on items appearing on the "public hearing" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk, as soon as possible, of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphones City ofMiami Page 5 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 upfront and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notnj, the City Clerk and the same shall be provided. 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 deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Mr. Chairman, the City Manager will read some items that he needs you to take different type of actions on; that they would either be withdrawn or deferred. Chairman Gonzalez: All right. Mr. City Manager -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: -- you're recognized. Mr. Hernandez: -- Commissioners, good morning. I have the following changes to the June 14 agenda: Item CA.10, consent agenda item 10, will be continued to the July 10 meeting. Item RE.7 will be continued to the July 10 meeting. Item RE.14 will be continued to the July 10 meeting. Item RE.15 will be continued to the July 10 meeting. Item DI. 1 will be continued to the July 10 meeting. Those are the changes, Mr. Chairman, and also, I would like to request that you allow item, let's see, RE.10, which is the ratification of the union contract with the sanitation employees, to be heard early this morning. Commissioner Regalado: Besides RE.14, 15, which was (UNINTELMGIBT,F)? Mr. Hernandez: It's CA.10 -- Commissioner Regalado: I got that one. Mr. Hernandez: -- RE. 7, RE.14, RE.15, and DI1. Commissioner Regalado: DI.1. Mr. Hernandez: Right. Chairman Gonzalez: All right. There was -- my office was contacted in reference to an item of the DDA (Downtown Development Authority). They were talking about deferring that item. Did you hear anything about that or --? Vice Chairman Sanchez: There is no deferral that I'm aware of. Chairman Gonzalez: No deferral, OK. RE.15 is the -- is continue. Why is that continue? It's a grant for -- isn't this part of the museum? Mr. Hernandez: That's the one that relates to the Museum of Science, and it has to go first through the Bond Oversight Board -- Chairman Gonzalez: OK. Mr. Hernandez: -- who didn't have a quorum at the last meeting, andl would like to respectfully ask that we allow for them to review and vote on the item. Chairman Gonzalez: All right. Very well. All right. Do we have a motion to continue all of these items? Is there a motion from a Commissioner to -- City ofMiami Page 6 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: So move. Chairman Gonzalez: -- continue --? Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. [Later...] Chairman Gonzalez: We have a City Attorney, and we have Mr. Springs [sic], who's going to be acting for the Manager, and we're ready to go, and I would like to inform everyone that the reason Commissioner Spence -Jones is not here this afternoon is that she wasn't feeling good, and our Fire -Rescue had to take her to the hospital. She's being checked out. Eventually, we will know how she's doing. CONSENT AGENDA CA.1 07-00407 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Public Facilities ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 05-06-054, THAT THE TOP -RANKED FIRM, FOR THE FOOD AND BEVERAGE CONCESSION AGREEMENT OF THE CITY -OWNED PROPERTY KNOWN AS THE MIAMI RIVERSIDE CENTER LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI FLORIDA, IS KARLEN FOODS, INC., D/B/A TROPICS CATERING; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-00407-Legisl ati on. pdf 07-00407-Exhibit 1.pdf 07-00407-Exhibit 2.pdf 07-00407-Exhibit 3.pdf 07-00407-Exhibit 4.pdf 07-00407-Exhibit 5.pdf 07-00407-Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0318 CA.2 07-00456 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FRANCISCO J. GORORDO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $230,750 IN FULL SETTLEMENT OF ALL CLAIMS AND City ofMiami Page 7 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS 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. 07-00456-Legisl ati on. pdf 07-00456-Cover Memo.pdf 07-00456-Memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0319 CA.3 07-00625 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED APRIL 9, 2007, PURSUANT TO INVITATION FOR BIDS NO. 21014, FROM SUPER SEER CORPORATION, THE ONLY RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF RIOT/CORRECTIONAL HELMETS, PADS, SHIELDS AND MISCELLANEOUS PARTS, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00625 Legislation .pdf 07-00625 Summary Form.pdf 07-00625 Award Form.pdf 07-00625 Award Sheet .pdf 07-00625 Bid Security List.pdf 07-00625 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0320 CA.4 07-00626 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONSENTING TO THE VILLAGE OF EL PORTAL'S ANNEXATION APPLICATION, THAT PROPOSES TO ANNEX AN AREA OF MIAMI-DADE COUNTY THAT ABUTS THE CITY OF MIAMI, LYING WEST AND NORTH OF THE EXISTING BOUNDARIES OF THE VILLAGE OF EL PORTAL. City ofMiami Page 8 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00626-Legisl ati on. pdf 07-00626-Exhibit 1.pdf 07-00626-Exhibit 2.pdf 07-00626-Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0321 CA.5 07-00704 RESOLUTION Department of Hearing Boards A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING MARITZA ALVAREZ, JACK R. BLUMENFELD, KATHRYN KNIERIEM ESTEVEZ, LISA A. GORDON AND DARCEE S. SIEGEL, AS SPECIAL MASTERS TO SERVE AS HEARING OFFICERS TO PRESIDE OVER CODE ENFORCEMENT AND OTHER SIMILAR HEARINGS AND PROCEEDINGS AND TO RENDER WRITTEN FINDINGS AND RULINGS, AS MAY BE REFERRED TO THEM BY THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL SPECIAL MASTER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, ON AN AS -NEEDED CONTRACT BASIS, FOR THE REMAINDER OF FISCAL YEAR 2006-2007, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE-YEAR PERIOD, IN A TOTAL ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $10,000, FROM ACCOUNT CODE NO. 00001.311000.531000, FOR FISCAL YEAR 2006-2007, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 07-00704-Legislation. pdf 07-00704-Exhibit 1.pdf 07-00704-Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0322 CA.6 07-00705 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Administration ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CLEAN VESSEL ACT" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $85,127, FOR THE DEPARTMENT OF PUBLIC FACILITIES, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $65,000, FROM THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT B NO. 30528, ACCOUNT NO. 326011.359301.840; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. City ofMiami Page 9 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00705-Legislation. pdf 07-00705-Exhibit 1.pdf 07-00705-Exhibit 2.pdf 07-00705-Exhibit 3.pdf 07-00705-Exhibit 4.pdf 07-00705-Exhibit 5.pdf 07-00705-Exhibit 6.pdf 07-00705-Exhibit 7.pdf 07-00705-Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0323 CA.7 07-00706 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $125,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 12500.191602.896000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENTS OF JUSTICE AND TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 0700706-Legislation. pdf 0700706-Summary Form.pdf 0700706-Affidavit. pdf 07-00706 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0324 CA.8 07-00707 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 19-690001, ACCOUNT CODE NO. 12500.191602.896000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. City ofMiami Page 10 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00707-Legisl ati on. pdf 07-00707-Summary Form.pdf 07-00707-Affidavit. pdf 07-00707-Memo. pdf 07-00707-Availability of Funds.pdf 07-00707-Law Enforcement Trust Fund. pdf 07-00707 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0325 Direction by Vice Chairman Sanchez to the Law Department to provide a monthly report on the legality of various solutions to provide additional monies to the Police Athletic League program that are currently being reviewed by the Law Department. CA.9 07-00708 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION TO THE GEORGIA INTERNATIONAL LAW ENFORCEMENT EXCHANGE ("GILEE"), TO SUPPORT THE 2007 GILEE PROGRAMS FOR LAW ENFORCEMENT EXECUTIVES AND OFFICIALS, IN AN AMOUNT NOT TO EXCEED $5,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 19-690001, ACCOUNT CODE NO. 12500.191602.896000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 07-00708-Legislation. pdf 07-00708-Summary Form.pdf 07-00708-Affidavit. pdf 07-00708-Letter .pdf 07-00708-Certification Form.pdf 07-00708-Letter 2 .pdf 07-00708-Letter 3 .pdf 07-00708-Letter 4 .pdf 07-00708 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0326 CA.10 07-00709 RESOLUTION Liberty City Community Revitalization Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PRESIDENT/CEO OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH VETERANS EMPLOYMENT TRANSITION SERVICES, IN THE AMOUNT OF $25,000, FOR THE PURPOSES OF JOB RECRUITING AND PLACEMENT FOR RESIDENTS OF THE LIBERTY CITY/MODEL CITY AREA. City ofMiami Page 11 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00709-Legisl ati on. pdf 07-00709-Exhibit 1.pdf 07-00709-Exhibit 2.pdf 07-00709-Exhibit 3.pdf 07-00709-Summary Form.pdf 07-00709-Letter. pdf 07-00709-Pre-Legislation. pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer items CA.10, RE.7, RE.14, RE.15, and Dl1 to the City Commission meeting currently scheduled for July 10, 2007. CA.11 07-00710 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Public Facilities AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY, FOR THE STAGING OF THE 2007 FLORIDA INTERNATIONAL UNIVERSITY FOOTBALL SEASON TO BE HELD SEPTEMBER 8, OCTOBER 6, NOVEMBER 17, NOVEMBER 24 AND DECEMBER 1, 2007, AT THE ORANGE BOWL STADIUM, WITH A MAXIMUM BASIC USE FEE OF $5,000, PER EVENT DAY; PROVIDING FOR THE ORGANIZERS TO PAY ALL NECESSARY COSTS OF CITY OF MIAMI SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00710 Legislation .pdf 07-00710- Exhibit .pdf 07-00710-Summary Form.pdf 07-00710 Football Schedule.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0327 CA.12 07-00711 RESOLUTION Downtown Development Authority A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE BYLAWS OF THE DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING FOR THE APPROVAL TO APPLY AS OF AUGUST 1, 2006. 07-00711-Legisl ati on. pdf 07-00711-Exhibit 1.pdf 07-00711-Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0328 City ofMiami Page 12 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 CA.13 07-00712 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE PURCHASES OF HAND HELD LIDAR SPEED MEASURING DEVICES, ULTRALYTE LRB MODEL, FROM LASER TECHNOLOGY, ON AN AS -NEEDED, WHEN NEEDED CONTRACTUAL BASIS, UTILIZING AN EXISTING STATE OF SOUTH CAROLINA CONTRACT NO. 06-S7241, EFFECTIVE THROUGH JULY 16, 2011, AND ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF SOUTH CAROLINA; ALLOCATING FUNDS FROM THE VARIOUS USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00712 Legislation .pdf 07-00712 Exhibit 1 .pdf 07-00712 Exhibit 2 .pdf 07-00712 Exhibit 3 .pdf 07-00712 Exhibit 4 .pdf 07-00712 Summary Form.pdf 07-00712 Quotation .pdf 07-00712 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0329 CA.14 07-00713 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Public Works ACCEPTING THE BID OF FLORIDA LAWN SERVICE, INC., FOR THE PROJECT ENTITLED "BRICKELL MEDIANS LANDSCAPING MAINTENANCE CONTRACT, B-60495A," IN THE PROPOSED ANNUAL AMOUNT OF $99,780 TOTAL BID OF THE PROPOSAL; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.202000.534000.0000.00000, IN THE ANNUAL AMOUNT OF $99,780, FOR THE 2007-2008 PERIOD, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, WITH SAID FIRM FOR SAID PROJECT. City ofMiami Page 13 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00713 Legislation .pdf 07-00713 Exhibit .pdf 07-00713 Summary Form.pdf 07-00713 Fact Sheet .pdf 07-00713 Contract .pdf 07-00713 Bid Tabulation .pdf 07-00713 Proposal Bid Form .pdf 07-00713 Work Sheet .pdf 07-00713 Questionnaire .pdf 07-00713 Supplement .pdf 07-00713 Office Location Affidavit .pdf 07-00713 Enterprise Participation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0330 CA.15 07-00714 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Public Works ACCEPTING THE BID OF FLORIDA LAWN SERVICE, INC., FOR THE PROJECT ENTITLED "US-1 MEDIANS LANDSCAPING MAINTENANCE CONTRACT, B-60489A," IN THE PROPOSED ANNUAL AMOUNT OF $110,555 TOTAL BID OF THE PROPOSAL; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL ACCOUNT No. 00001.202000.534000.0000.00000, IN THE ANNUAL AMOUNT OF $110,555, FOR THE 2007-2008 PERIOD, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, WITH SAID FIRM FOR SAID PROJECT. 07-00714 Legislation .pdf 07-00714 Exhibit .pdf 07-0014 Summary Form.pdf 07-0014 Fact Sheet .pdf 07-00714 Contract.pdf 07-00714 Proposal Bid Form.pdf 07-00714 Work Sheet .pdf 07-00714 Questionnaire .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0331 CA.16 07-00715 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED APRIL 16, 2007, PURSUANT TO INVITATION FOR BIDS NO. City ofMiami Page 14 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 22006, FROM SOUTHEAST MARINE CENTER, INC., FOR THE PROVISION OF BOAT ENGINE MAINTENANCE AND REPAIR SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00715 Legislation .pdf 07-00715-Summary Form.pdf 07-00715 Award Form.pdf 07-00715-Tabulation of Bids.pdf 07-00715 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0332 CA.17 07-00716 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing PURCHASE OF GLOCK PISTOLS AND MAGAZINES, FROM OMB POLICE SUPPLY, PURSUANT TO CITY OF MIAMI GARDENS COOPERATIVE BID NO. 06-04-014(A), EFFECTIVE THROUGH APRIL 24, 2008, WITH OPTIONS TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF MIAMI GARDENS, TO BE UTILIZED ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00716 Legislation .pdf 07-00716 Summary Form.pdf 07-00716 Award Form.pdf 07-00716 Tabulation Sheet .pdf 07-00716 Notice of Award .pdf 07-00716 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0333 CA.18 07-00717 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY VELMA MCNEAL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICER, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, RESIGNATION AND GENERAL City ofMiami Page 15 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 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. 07-00717-Legislation .pdf 07-00717-Cover Memo.pdf 07-00717 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0334 CA.19 07-00732 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Purchasing ACCEPTING THE CITY MANAGERS RECOMMENDATION TO AWARD A CONTRACT TO SOUTHWEST TRANSPORTS, INC., D/B/A WESTBROOK MOTORS, INC., FOR THE PROVISION OF POLICE/FIRE DISPATCHED TOWING AND WRECKER SERVICES, FOR PRIVATE VEHICLES, AND TOWING OF CITY OF MIAMI ("CITY") OWNED, LEASED, OR RENTED VEHICLES, FOR THE DEPARTMENTS OF POLICE AND GENERAL SERVICES ADMINISTRATION; AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWING/WRECKER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOUTHWEST TRANSPORTS, INC., D/B/A WESTBROOK MOTORS, INC., FOR A THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH TOWING FIRMS THAT ARE QUALIFIED TO PERFORM THE SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 04-05-054R AT ANY TIME SHOULD IT BE IN THE CITY'S BEST INTEREST WITHOUT ANY FURTHER CITY COMMISSION ACTION. 07-00732 Legislation .pdf 07-00732 Exhibit 1 .pdf 07-00732 Exhibit 2 .pdf 07-00732 Exhibit 3 .pdf 07-00732 Exhibit 4 .pdf 07-00732 Exhibit 5 .pdf 07-00732 Summary Form.pdf 07-00732 Pre -Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0335 CA.20 07-00733 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF FURNITURE (OFFICE AND NON -OFFICE), FROM VARIOUS VENDORS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT City ofMiami Page 16 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 NO. 1072-1/16-OTR, EFFECTIVE THROUGH FEBRUARY 29, 2012, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL FIVE (5) YEAR PERIOD, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS THERETO BY MIAMI-DADE COUNTY, FOR THE PURCHASING DEPARTMENT TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00733 Legislation .pdf 07-00733 Summary Form.pdf 07-00733 Award Form.pdf 07-00733 Award Sheet .pdf 07-00733 Initial Award .pdf 07-00733 Invitation to Bid .pdf 07-00733 Affidavit .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0336 CA.21 07-00763 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 TONI CHAO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $246,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00763-Legislation. pdf 07-00763-Cover Memo.pdf 07-00763-Memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0337 CA.22 07-00764 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BOTH FORMER AND CURRENT COUNSEL FOR JORGE LUIS LANDA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $62,250, IN FULL SETTLEMENT, OF ALL ISSUES PERTAINING TO PAYMENT City ofMiami Page 17 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 OF ATTORNEY'S FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A STIPULATION, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00764-Legisl ati on. pdf 07-00764-Cover Memo.pdf 07-00764-Memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0338 CA.23 07-00765 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ALEX GRAHAM, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM NOT TO EXCEED $235,000, IN FULL SETTLEMENT, OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00765-Legislation. pdf 07-00765-Cover Memo.pdf 07-00765-Memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0339 CA.24 07-00771 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY THE SUM OF $77,858.41 TO CLAIMANTS ATTORNEY, BARRY LERNER, ESQUIRE, FOR ATTORNEY'S FEES AND COSTS IN SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR CARIDAD FARINAS VS. CITY OF MIAMI, STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, OFFICE OF THE JUDGE OF COMPENSATION CLAIMS CASE NO.: 03-027341CMH; 94-007075SMS; 92-005674SMS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. City ofMiami Page 18 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 CA.25 07-00781 Office of the City Attorney 07-00771 Legislation .pdf 07-00771 Cover Memo.pdf 07-00771 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0340 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROSINE ATTAL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID CYRIL ATTAL, DECEASED, AND THE ESTATE OF DAVID CYRIL ATTAL, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF ROSINE ATTAL, ET AL. VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 04-01173 CA 03, UPON THE EXECUTION BY ROSINE ATTAL, OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00781-Legislation. pdf 07-00781-Cover Memo.pdf 07-00781-Memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0341 CA.26 07-00756 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $109,353, FROM THE CHILDREN'S TRUST TO PROVIDE ENHANCED SERVICES FOR THE 21 ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-00756 Legislation .pdf 07-00756 Cover Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0342 City ofMiami Page 19 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 CA.27 07-00757 Honorable Mayor Manny Diaz RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $236,681, FROM THE CHILDREN'S TRUST, TO ESTABLISH THE CITY OF MIAMI-FAMILIES FIRST PARENT ACADEMY DURING THE 2007-2008 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-00757 Legislation .pdf 07-00757 Cover Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0343 CA.28 07-00758 RESOLUTION Honorable Mayor Manny Diaz CA.29 07-00759 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $172,652, FROM THE CHILDREN'S TRUST, TO CONTINUE ENHANCED SERVICES FOR THE MIAMI YOUTH COUNCIL DURING THE 2007-2008 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-00758 Legislation .pdf 07-00758 Cover Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0344 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST UNITED FOR PEACE GRANT," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $262,500, FOR THE DEPARTMENT OF PARKS AND RECREATION'S UNITED FOR PEACE SCHOOL YEAR RECREATION, YOUTH VIOLENCE INTERVENTION AND PREVENTION PROGRAM AT VIRRICK PARK, CONSISTING OF A GRANT FROM THE CHILDREN'S TRUST, AND IN- KIND SERVICES, IN THE AMOUNT OF $19,743,75, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH; AUTHORIZING THE ALLOCATION OF CITY OF MIAMI IN -KIND SERVICES, IN THE AMOUNT OF $316,479.45; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 07-00759 legislation .pdf 07-00759 Cover letter.pdf 07-00759 Contracting Status .pdf City ofMiami Page 20 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0345 Direction by Commissioner Spence -Jones to the Administration to provide a list of the entities receiving grants in the Liberty City and Overtown communities from the Child Murder Youth Violence Prevention Initiative Program sponsored by the Children's Trust. Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, 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 Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado END OF CONSENT AGENDA Chairman Gonzalez: All right. Before we take the consent agenda to -- for a vote, are there any items on the consent agenda that any of the Commissioners wishes to pull for discussion or --? Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes. Vice Chairman Sanchez: I would respectfully request that CA.8 be pulled only for discussion. Chairman Gonzalez: CA.8, OK. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: Any other items? Yes, ma'am. Commissioner Spence -Jones: Yes. Mr. Chairman, CA.29, just only for discussion. Chairman Gonzalez: All right. Commissioner Sanchez, CA.8, you're recognized on it. Vice Chairman Sanchez: Thank you, Mr. Chairman. I will be brief on this. We all know the importance that PAL (Police Athletic League) plays in our community. It's an organization that provides assistance in -- to children in our community through sports, and through the federal cuts, as always, the Law Enforcement Trust Fund continues to get reduced, and PAL continues to suffer. Not long ago, we, this Commission, made a directive to the City Manager to work with the Police Department to try to come up with a one -dollar surcharge on police special duty fees to use to subsidize and use that money to keep this program going, which I think it's a great program and really benefits the youth in our community. I just want to know where we're at on that because I don't think this hundred thousand dollar is going to be able to keep that program afloat, andl am very, very concerned with this resolution. Deputy Chief Frank Fernandez (Police): Good morning, Commissioners, Mr. Chairman. Frank Fernandez, deputy chief Miami Police. Commissioner, pursuant to the direction of the Commission, we did meet. Unfortunately, there are some legal complications with doing a surcharge. We are working through that. I believe we have come to an understanding where we can accomplish this, but it's going to take a little bit more time before we could get City ofMiami Page 21 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 everything completely done, but we are working on it. I just met two weeks ago with our Law Department, or our legal representative, to work our way and navigate through the process, if you will, to find the means to identify how to get that surcharge in place. Vice Chairman Sanchez: Well, my question -- maybe not to you, but to the Legal Department -- is as follow: If it works for Jacksonville and it works for other cities, why can it not work for the City? And if there's some legality to it and we can move forward, I think we need to try to expedite this as quickly as possible, and some of the suggestions that have been proffered -- not that I'm going to opine as an attorney, because I'm not, but you know, why can't you have like a volunteer checkbox where -- to be honest with me -- with you, I find it very hard for anyone who is going to try to get a permit for off -duty to volunteer a dollar an hour to a great cause. I mean, it's a worthy cause, and it's -- one of the options, if, for whatever legal reason, we can't finalize this directive, that would be an option, so I still want to just direct the Administration to continue to work with that because, you know, once again, the federal government cuts our funding, and it boils down to the local government having to have the burden, and we're going to have to be more creative, and you know, we have to take care of our youth because, if we don't -- if we don't keep them in parks playing football, basketball, boxing, they're going to be out on the streets, and you know what? It's going to cost us much, much more than funding a dollar per hour of off -duty that a police officer works, so Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The City ofMiami is a lightning rod and attracts a lot of attention when it comes to all of the ordinances that we have in place that impose surcharges, and assessments, and fees, andl don't need to get into the particulars of this, but just because other jurisdictions perhaps have something like that and they haven't been challenged legally doesn't mean that if we do it here in the City ofMiami, it wouldn't be challenged, so we're being very careful. We want to make sure that we, again, don't create for ourselves a problem down the road because, in other jurisdictions, things go unnoticed, not challenged because life is different. In Miami, the moment we pass an ordinance or we add a surcharge, or we add some sort of an assessment and it doesn't meet the strict requirements of the law, I can assure you that it would be challenged one way or another. There are, however -- and we are very aggressively pursuing this -- ways in which we could bring in additional monies to this program, and thus -- those are the ones that we're trying to tailor specifically and put them in place, and we should be back to you within -- at the outset, maybe four weeks -- Vice Chairman Sanchez: Well -- Mr. Fernandez: -- or six weeks. Vice Chairman Sanchez: -- out of courtesy to this Commission, I think that you should -- the Legal Department, since you're working on it, should provide us on a monthly report as to the legality of it -- Mr. Fernandez: We certainly will. Vice Chairman Sanchez: -- because I think something -- this is something that we could pursue, andl think it's something that could benefit the most needed in our community, which -- Mr. Fernandez: Definitely. Vice Chairman Sanchez: -- are the children at times. Thank you. Commissioner Spence -Jones: Mr. Chairman, I just want to ask Deputy Chief a quick question. PAL definitely is an awesome program, and we continue to support it in whatever manner we can. I just have two questions for you. The first question is what is the current balance of the City ofMiami Page 22 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 trust -- the Law Trust Fund that we have, and how much -- or what's the percentage that we actually use towards prevention -related projects, like PAL? Do you know that offhand? Deputy Chief Fernandez: Commissioner, I'm going to give you some rough numbers, butt have to go back for specifics, but based on my recollections, approximately a little over $600, 000 that we currently have in the budget, and that's broken down. In terms of your second question, it's approximately 20 percent, based on state law, that we have to contribute to, if you will, community events or programs, such as PAL, Crime Stoppers, crime prevention type of functions. Commissioner Spence -Jones: So we're at our max with the 20 percent; is that what you're saying? Deputy Chief Fernandez: Yes. We're definitely meeting our 20 percent requirements. Commissioner Spence -Jones: OK. Chairman Gonzalez: Any further questions on the item? All right. Vice Chairman Sanchez: If you want -- Chairman Gonzalez: CA.20 -- Vice Chairman Sanchez: -- to take both items up together or not, if you want to separate them, then I am prepared to move this item. Chairman Gonzalez: No. Let's vote on the entire consent agenda. Vice Chairman Sanchez: OK. Chairman Gonzalez: You're ready? Commissioner Spence -Jones: Yes, Mr. Chairman. I just needed clarification on an item. United for Peace is actually a project that was -- I guess, came out of our district after all of the murders that took place in District 5 last year, so is there anyone here to speak on the Unite [sic] for Peace grant? I know this is something that I worked very hard with the County, through Commissioner Jordan's office, to really push hard to make sure that we had the dollars necessary to serve those particular communities that had been affected by gun violence, so my question is, what happened to this grant that we worked so hard on, and what -- and I'm glad that it's in the West Grove because, truly, the West Grove needs the support, butt never really got a formal answer as to, you know, what communities would actually be served with this. Robert Ruano: Commissioners, Robert Ruano, director of Grants and Sustainable Initiatives. We originally applied with -- the Children's Trust had an RFP (Request for Proposals) out for both communities; it was Coconut Grove and Overtown. We went through that process. We were recommended, along with another entity. They had asked for us to work together. We tried We couldn't come to an agreement on how -- who would lead; how we would work together. The Children's Trust reissued the RFP. We applied again under the area where they said that we were strongest to receive the funding in Coconut Grove, and we received it. The other entity is -- won it for Overtown, and they are still willing to work with the City, so I think that there's an opportunity for us to still get some benefit out of it. Commissioner Spence -Jones: OK, so, in other words, at this present time, there's no funds that are going to actually come from this particular round of grants for Overtown or for Liberty City, which is really kind of -- this whole Sherdavia Jenkins issue, the shooting that took place in the City ofMiami Page 23 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 heart of Liberty City was one of the reasons why this grant was even brought up. Mr. Ruano: Well, there are funds that will go to both of those communities. It's just that they weren't awarded to the City ofMiami. When we originally looked at this RFP, we applied with several entities, including PAL, but they -- you know, they chose other entities, but there will be funds going to those communities. If you'd like, I could provide you a list of which entities will be working there. Commissioner Spence -Jones: OK. I definitely would like to do that. Thank you, Robert. Mr. Ruano: OK. You're welcome. Chairman Gonzalez: All right. Do I hear a motion on the consent agenda? Commissioner Spence -Jones: So moved. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries unanimous. City ofMiami Page 24 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 PH.1 07-00723 RESOLUTION Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR FIFTH (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DECONTAMINATION BOAT, FOR SURFACE CLEANING OF THE CITY OF MIAMI'S WATERFRONT, FOR THE DEPARTMENT OF PUBLIC WORKS, UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, INC., THE SOLE SOURCE PROVIDER, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $300,000, FOR THE FIRST YEAR, WITH THE AMOUNT OF $100,000, TO BE FUNDED BY MIAMI-DADE COUNTY FOR USE IN COVERING ADDITIONAL WORK ON THE MIAMI RIVER, AND THE REMAINING TWO YEARS, IN AN ANNUAL AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS, IN THE ANNUAL AMOUNT NOT TO EXCEED $200,000, FROM THE PUBLIC WORKS ACCOUNT CODE 00001.208000.534000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL, ONE (1) YEAR PERIODS, FOR SAID PURPOSE. 07-00723 Legislation .pdf 07-00723 Exhibit .pdf 07-00723 Summary Form.pdf 07-00723 Memo.pdf 07-00723 E-mail .pdf 07-00723 E-mail 2 .pdf 07-00723 Patent .pdf 07-00723 Memo 2 .pdf 07-00723 Memo 3 .pdf 07-00723 Notice of Public Hearing .pdf 07-00723 Memo 4 .pdf 07-00723 Letter. pdf 07-00723 Request for Substantial Compliance.pdf 07-00723 Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0348 Chairman Gonzalez: PH.1 is a sole source, Scavenger 2000 Decontamination Boat. Yes, good afternoon. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.1 is a resolution City ofMiami Page 25 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 confirming a sole source for the acquisition of the Scavenger 2000 Decontamination Boat. There is one change. I handed out a substitution. We were able to find some additional funding from the County, so we made a change so that the amount is not to exceed $300, 000 for the first year, a hundred of which will be funded by Miami -Dade County for the use in covering additional work on the Miami River, and the remaining two years will be for an amount not to exceed 200, 000. Chairman Gonzalez: All right. Vice Chairman Sanchez: So move, Mr. Chair. Ms. Grindell: Oh, one more thing. Chairman Gonzalez: All right. We have -- Ms. Grindell: I also need authorization to revise the contract to reflect these changes. Chairman Gonzalez: OK. Vice Chairman Sanchez: I'm sorry? Ms. Grindell: I saidl also need authorization to revise the contract to reflect these changes; shouldn't be a problem because it's a sole source anyway. Jorge L. Fernandez (City Attorney): Actually, what we're saying is that you're passing the resolution with the appropriate language. Now we need to modify the contract to reflect what the resolution says. Chairman Gonzalez: What the resolution is -- Vice Chairman Sanchez: All right. I don't have with that. Chairman Gonzalez: All right. We -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- have a motion on PH.1. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. It's a four fifth vote. Roll call, Madam City Clerk. Mr. Fernandez: And it's also a public hearing, Mr. Chairman. Chairman Gonzalez: I'm sorry. Yeah. It's a public hearing. Anyone from the public? Yes, sir. Vice Chairman Sanchez: It's a resolution. Brett Bibeau: Good afternoon. Briefly, the Miami -- Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. The Miami River Commission recommends approval of agenda item PH.1, renewing the Scavenger water decontamination vessel services contract. According to data submitted by the company since the City originally contracted with them six years ago, although only working 25 hours per week, the Scavenger vessel has treated 4.68 billion gallons of water through the City ofMiami Page 26 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 decontamination system, injected 1.17 billion liters of oxygen into the water, while removing 6,000 cubic yards of debris. These combined efforts have resulted in improved water quality citywide. We're -- the River Commission is proud to have provided a $25, 000 cost share for the Scavenger's original pilot program. We applaud the City for renewing the contract, and the County for adding the hundred thousand dollars that was just referenced. For clarification, ifI may, Madam Director, the $100, 000 is only on the river -- Mr. Fernandez: On the river -- Ms. Grindell: Correct. Mr. Fernandez: -- correct. Mr. Bibeau: -- and that is in addition to the -- Glenn Marcos (Director, Purchasing): And only for the first year. Mr. Bibeau: -- hours that are in the current original $200, 000 contract -- Ms. Grindell: Correct -- Mr. Bibeau: -- so right now, they -- Ms. Grindell: -- but it's only for the first year. Mr. Bibeau: The original -- Mr. Marcos: Of the three-year contract. Mr. Bibeau: -- contract had five hours per week out of the City funding, plus the additional hundred thousand from the County. Ms. Grindell: Correct. Mr. Bibeau: Thank you very much. Chairman Gonzalez: Anyone else? Seeing none, hearing none, public hearing is closed. Roll call, please. Priscilla A. Thompson (City Clerk): This is a roll call on your modified resolution. Chairman Gonzalez: It's a resolution, but it's four fifth. Ms. Thompson: Right, and it's modified on the floor. Mr. Fernandez: Correct, as modified. Ms. Thompson: Thank you. Chairman Gonzalez: All right. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution is adopted, 4/0. City ofMiami Page 27 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 PH.2 07-00554 Department of Public Works RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0349 Chairman Gonzalez: OK. PH.2, which is a plat. Stephanie Grindell (Director, Public Works): PH.2 is a resolution accepting a proposed plat of Oasis on Biscayne Bay, which is located along Northeast Bayshore Court, between Northeast 79th and 80th Street. Chairman Gonzalez: All right. Is there a motion on PH.2? Commissioner Sarnoff Move for discussion purposes. Vice Chairman Sanchez: Second for the -- Chairman Gonzalez: All right. We have -- Vice Chairman Sanchez: -- purpose of discussion. Chairman Gonzalez: -- a motion, and we have a second. Discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff This is regarding a dedication -- well, this issue surrounds the dedication of a park up in the 79th Street area in the Upper Eastside, and we have three billboards which need to be moved in order for there to be a park, especially on the dedicated property. I'd love to hear a resolution to this, possibly. Lucia Dougherty: Yes. Mr. Chairman, ifI could. Lucia Dougherty, with offices at 1221 Brickell City ofMiami Page 28 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Avenue, here representing the owner and the applicant, and what Commissioner Sarnoff is alluding to is that on the site for which we were granted a Major Use Special Permit, there are two signs, and on the property that we gave the City ofMiami or we're giving the City ofMiami, there is one sign. All of these signs have to be removed prior to our building permit, especially the ones -- or, at least, the ones that we were going to build the building on have to be removed prior to the building permit, so what Commissioner Sarnoff wants to make sure is that the City doesn't get left with a building permit on the City's property, so what we have done is we have asked the City to amend our Major Use Special Permit to require the removal of the sign on the City's park portion at the -- by the time that we get a building permit, and that's what we would ask that you would not condition our plat on this, but instead, make it a condition of our Major Use Special Permit. We've talked to the Zoning Administrator; she accepts that, and I'm sure that the City Attorney would agree that this is a -- Jorge L. Fernandez (City Attorney): Yes. Ms. Dougherty: -- methodology that we can use to -- Mr. Fernandez: Right. Ms. Dougherty: -- ensure that the building per -- I mean, the billboard is removed by the time we pull a building permit. Vice Chairman Sanchez: And for the point of clarification -- andl wanted to discuss the item. I'm clear to that point. Now what happens with the removing of that billboard? Where does it go? Ms. Dougherty: Well, that's the $64, 000 question that we have been working with all along, so a lot of things has to happen. One is the City ofMiami has to give a permit to move it someplace else, and we are working with the City and Orlando Toledo, who is familiar with this issue, because this is one of the -- these three signs are one of the three signs that you allowed Clear Channel to keep, so in order to move them, we have to give them a different site, and we are working very closely with Orlando to find an acceptable site to the City. Chairman Gonzalez: Orlando. Orlando Toledo: Orlando Toledo, senior director of Building Planning, and Zoning, and Lucia is correct. Part of what we've been negotiating is that we will be bringing back that agreement for some type of an amendment so that we could go ahead and move the three signs somewhere else. Chairman Gonzalez: All right. Ms. Dougherty: The agreement will be, obviously, subject to your approval. Vice Chairman Sanchez: All right, so -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- let me get this very clear. You're going to come back with this with a due diligence as to where this possible -- Mr. Toledo: Where it's going, and again, at the end of the day, you guy -- I mean, the Commissioners are going to be going ahead and approving it, where it is that it's going to be going. City ofMiami Page 29 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Fernandez: So, ifI may. The item in front of you right now is a replat. On this item itself, nothing can be conditioned, but as -- with an abundance of caution, what the applicant attorney is doing is proffering, in essence, two things. Number one, an amendment to the MUSP (Major Use Special Permit), and that would be properly processed and brought in front of you, and you're being given a certain level of assurance that staff has reviewed; we have looked at it, and that would be a legitimate change to that MUSP. In addition to that, we also need to address the issue of the agreement that we have with the billboard companies to make sure that we find accommodations for all of the competing interests that we have, and that is also part of what's happening with the removal of these three billboards that are being proffered, will be removed, and taken away from the site. However, the item today, as you're considering it, cannot have any of those conditions imposed on it, but the good faith representation on the proffer by the applicant and your representations by staff that these two other processes have already started to remediate the situation. Commissioner Sarnoff The end result of which -- Ms. Dougherty: I agree with you, except for one thing. This does not have to come -- this amendment doesn't have to come back to you; it's administrative -- Mr. Fernandez: OK -- Ms. Dougherty: -- so -- Mr. Fernandez: -- that's true. The -- all the changes to the MUSP are -- Commissioner Sarnoff The end result of the MUSP change is that the building will not be permitted until -- Mr. Fernandez: Correct. Commissioner Sarnoff -- the one I'm only concerned about with, so let's be honest. The one I'm concerned about with is the dedicated park, which has a billboard on it -- Ms. Dougherty: Correct. Commissioner Sarnoff -- so you could not start construction -- Ms. Dougherty: You are right. Commissioner Sarnoff -- on the famous Oasis until and unless that billboard has been removed. Mr. Fernandez: Correct. Ms. Dougherty: That's correct. Mr. Fernandez: That's my understanding -- Vice Chairman Sanchez: All right. Commissioner Sarnoff And we're clear on that -- Mr. Fernandez: -- too. City ofMiami Page 30 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff -- right? Mr. Toledo: Right. Mr. Fernandez: Yes. Commissioner Sarnoff OK. Commissioner Regalado: But who -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- owns the billboards? Commissioner Sarnoff Clear Channel. Ms. Dougherty: Clear Channel. Commissioner Regalado: Clear Channel. The City settled with Clear Channel, right? Mr. Toledo: Yes. Ms. Dougherty: Yes, sir. Mr. Fernandez: Yes. Ms. Dougherty: There's a settlement with Clear Channel that allows them to keep those billboards there unless the City approves a different location. Commissioner Sarnoff Right. Commissioner Regalado: Right, right, but my second question is, we have not settle -- there are certain number of places, but we have not settle with CBS (Columbia Broadcasting System)/Viacom. Mr. Fernandez: That's true. With CBS, we have not yet settled. Commissioner Regalado: OK, so what is going to happen if we were to settle with CBS/Viacom, and the certain numbers -- Mr. Fernandez: Limited numbers. Commissioner Regalado: -- and then if you grant space, you will be favoring one company over another. Is that correct? Mr. Toledo: Commissioner, what we're doing is making sure that both of them could live together, meaning that when we go ahead and bring you the agreement about CBS, they will be -- they will have their own particular sites, and all of this has already been put on a map, and we know exactly what they want and what Clear Channel wants, so we know that we're going to be OK with both of them. Commissioner Sarnoff We're just changing locations. We're not changing numbers. Mr. Toledo: We're just changing locations. City ofMiami Page 31 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: No, but when you change locations, you're taking one site because you will never be able to put one where there's one now. There're certain sites -- Mr. Toledo: Right. Commissioner Regalado: -- so that's what I'm saying. Mr. Toledo: Yeah. Commissioner Sarnoff You're replacing one site with another site. Commissioner Regalado: No. Commissioner Sarnoff No? Commissioner Regalado: No. You're taking -- Pedro G. Hernandez (City Manager): Commissioner, may -- ifI may. I think that there are three billboards there, and the replacement may not be of an equal number. You may be moving three and only allowing one, or maybe, two back, and that's where Mr. Toledo was talking about being able to work with CBS in having enough locations to satisfy the concerns of both. It's not an equal number. Commissioner Sarnoff Well, the bottom -- to motivate the resolution of this, obviously, The Related Group would want to, inevitably, build its property, and they will be motivated to resolve getting the billboard out, which is my concern. Mr. Toledo: Right. Ms. Dougherty: Exactly. Commissioner Sarnoff OK. Well, I -- I'm ready to vote. Chairman Gonzalez: All right. We had a motion, and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Ms. Dougherty: Thanks very much. PH.3 07-00629 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Public Works ACCEPTING THE PLAT ENTITLED "HIGHLAND PARK ESTATES," 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 32 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00629 Legislation .pdf 07-00629 Exhibit 1 .pdf 07-00629 Exhibit 2 .pdf 07-00629 Exhibit 3 .pdf 07-00629 Exhibit 4 .pdf 07-00629 Exhibit 5 .pdf 07-00629 Summary Form.pdf 07-00629 Memo .pdf 07-00629 Notice of Public Hearing .pdf 07-00629 Memo 2 .pdf 07-00629 Pre -Notice .pdf 07-00629 Legal Description .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0350 Chairman Gonzalez: PH.3 is accepting another plat. Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: And there is a second. Discussion. No discussion. All in favor, say "aye." Priscilla A. Thompson (City Clerk): The public -- public hearing. There's -- Chairman Gonzalez: Oh, I'm sorry. Vice Chairman Sanchez: Oh. Chairman Gonzalez: It's a public hearing. Carlos Gimenez: That's Carlos Gimenez, for the record, Bilzin Sumberg, 200 South Biscayne Boulevard, and if you have any questions for me -- I'm representing the owner of the property -- I'm here to answer them, but if not, I'll just let you move forward with your business. Vice Chairman Sanchez: And you ask that we support the project. Mr. Gimenez: Absolutely. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Mr. Gimenez: Thank you. PH.4 07-00718 RESOLUTION City ofMiami Page 33 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ANCHORAGE REPLAT," 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. 07-00718 Legislation .pdf 07-00718 Exhibit .pdf 07-00718 Exhibit 2 .pdf 07-00718 Exhibit 3 .pdf 07-00718 Summary Form.pdf 07-00718 Legal Description .pdf 07-00718 Memo .pdf 07-00718 Notice of Public Hearing .pdf 07-00718 Memo 2 .pdf 07-00718 Pre -Notice .pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0351 Chairman Gonzalez: PH.4 is accepting another plat. It's a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. Is there a motion on the item? Vice Chairman Sanchez: Second. Commissioner Sarnoff Motion. So moved. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 34 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 SR.1 07-00340 ORDINANCE Department of Public Works ORDINANCES - SECOND READING Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS 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 FR .pdf 07-00340 Summary Form FR.pdf 07-00340 Memo FR.pdf 07-00340 Notice of Public Hearing FR.pdf 07-00340 Memo 2 FR.pdf 07-00340 Pre -Notice FR.pdf 07-00340 Submittal Memo FR.pdf 07-00340 Legislation SR.pdf 07-00340 Exhibit SR.pdf 07-00340 Summary Form SR.pdf 07-00340 Agreement SR.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12926 Chairman Gonzalez: All right. Let me go back. SR.1. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.1 is an ordinance amending Chapter 29 to require seawalls or bulkheads in all waterfront properties east of US 1, except for the Miami River, to meet a minimum elevation criteria. Chairman Gonzalez: All right. This is an ordinance. Anyone from the public that wants to speak on this item, please come forward to be recognized. Yes. Good morning. I mean, good afternoon. Amanda Quirke: Amanda Quirke, with offices at 1441 Brickell. Just to update you with proper -- the indemnification agreement that we discussed at first reading, and would ask that you would approve this on second reading. Chairman Gonzalez: All right. Commissioner Sarnoff Mr. Chairman, I make a motion to approve R -- SR.1. Vice Chairman Sanchez: Have you proffered --? Chairman Gonzalez: All right. Any -- wait a minute. Anyone else from the public that wants to speak on this item, please do so. City ofMiami Page 35 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: While we wait for the speaker, have you proffered the covenant? Commissioner Sarnoff Yeah. Ms. Quirke: Yes. We have proffered the indemnification agreement in a form acceptable to the City Attorney. Chairman Gonzalez: Go ahead, Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 35th Terrace. I assume -- I have a question -- that this is to meet the new federal regulations -- Chairman Gonzalez: Is this to -- Ms. Sandoval: -- is that correct? Chairman Gonzalez: -- meet a new federal regulation? Ms. Grindell: This is to meet the official Miami -Dade County flood criteria map. Ms. Sandoval: I -- a couple of months ago, it was brought up that there are new flood federal regulations about the height of barrier walls like this, andl wonder if we are meeting them or if there's something more we should do? You said Miami -Dade County, but -- andl believe Mr. Hernandez knows about these or Mr. Pedro Hernandez. Chairman Gonzalez: Well -- Ms. Sandoval: Anyway, that's my question. Chairman Gonzalez: All right. Ms. Sandoval: I'd like to have it answered. Ms. Grindell: I can't answer that. I'd have to research it and come back with that. Chairman Gonzalez: This has nothing to do with federal regulations. Ms. Grindell: No. Chairman Gonzalez: It has to do with Dade County. Ms. Grindell: Correct. Chairman Gonzalez: All right. Ms. Sandoval: Well, we're supposed to meet those, too, so long as you know. Chairman Gonzalez: All right. Ms. Sandoval: Thank you. Chairman Gonzalez: OK. Very good. Ms. Sandoval: Including for Bicentennial Park. City ofMiami Page 36 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 SR.2 07-00562 Department of Planning Chairman Gonzalez: All right. Thank you. All right. Anyone else? Seeing none, hearing none, the public hearing is closed. We have a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. Roll call, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 FR .pdf 07-00562 Summary Form SR/FR.pdf 07-00562 Fact Sheet SR/FR.pdf 07-00562 Legislation SR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12927 Chairman Gonzalez: SR.2. Ellen Uguccioni: Good afternoon, Mr. Chairman, members of the Commission. Ellen Uguccioni, the Department of Planning, Historic Preservation section. This is an ordinance on second reading allowing an ad valorem tax exemption for historic properties in the City of Miami for improvements to those properties. Chairman Gonzalez: Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Judy, why didn't you sit on the first row; make it easy? Judith Sandoval: I didn't want to take the seats of all those museum people. Chairman Gonzalez: No. Why not? City ofMiami Page 37 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. Sandoval: I got enough hassle from those people. Judy Sandoval, 2536 Southwest 25th Terrace. I just wanted to say that this is very good, and we support this wholeheartedly, what Ellen has just said. Thank you. Chairman Gonzalez: Thank you. All right. Anyone else from the public? Seeing none -- Vice Chairman Sanchez: So move. Chairman Gonzalez: Yes, ma'am. Becky Matkov: I'm Becky Matkov, executive director of Dade Heritage Trust, and l just wanted to say that our organization also is very excited about this proposal, which will help historic property owners. Chairman Gonzalez: Thank you. Thank you. Anyone else? All right. Seeing none, public hearing is closed. Comes back to the Commission. Mr. -- Vice Chairman Sanchez: So -- Chairman Gonzalez: -- City Attorney, read the ordinance. Priscilla A. Thompson (City Clerk): Ordinance. Vice Chairman Sanchez: There's a motion. I make the motion. Commissioner Sarnoff Second. Chairman Gonzalez: There is a motion, and there is a second. Read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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. Ms. Uguccioni: Thank you. City ofMiami Page 38 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 FR.1 07-00720 ORDINANCE City Manager's Office ORDINANCES - FIRST READING First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 13-8, IN ORDER TO ESTABLISH A MECHANISM TO ALLOW FOR THE CITY MANAGER TO WAIVE CERTAIN AFFORDABLE HOUSING TRUST FUND CONTRIBUTIONS FOR DEVELOPMENT THAT COMPLIES WITH SPECIFIED CRITERIA ONLY; AND ALSO BY AMENDING SECTIONS 13-5, 13-8 AND 13-16 IN ORDER TO CLARIFY REQUIREMENTS AND PROCEDURES FOR DEFERRAL OF IMPACT FEES FOR QUALIFIED AFFORDABLE HOUSING PROJECTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00720 Legislation .pdf 07-00720 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Direction by Vice Chairman Sanchez to the Administration to bring the item back on second reading with a waiver for homeownership projects that are 100 percent affordable housing in addition to the waiver for tax credit projects. Chairman Gonzalez: FR.1. Lourdes Slazyk (Zoning Administrator): Lourdes Slazyk, office of Zoning. FR.1 is an ordinance amending Chapter 13 of the City Code in order to establish mechanism to allow for the Manager to waive certain Affordable Housing Trust Fund contributions for a development that complies with the criteria, and also to clam requirements and procedures for deferral of impact fees, again, for qualified affordable housing projects. Both of these -- both of the items that are accomplished by this ordinance would assist the City in assisting the development of more affordable housing for the City ofMiami. Chairman Gonzalez: I have a question on this. Vice Chairman Sanchez: Yeah. Chairman Gonzalez: It says to allow waivers of contributions to the Affordable Housing Trust Fund for certain qualified affordable and the -- and my question is "certain." Ms. Slazyk: Right. The -- right now, if there is an Affordable Housing Trust Fund contribution due for a project, those are collected prior to issuance of the building permit, but if the project itself consists of 100 percent affordable housing units and they have secured their low income housing tax credits from Florida Housing Finance Corporation, they would be eligible for a waiver of that because they're actually providing 100 percent affordable housing -- Chairman Gonzalez: So, actually, this is going to be for -- just for -- Vice Chairman Sanchez: Tax credit deals. City ofMiami Page 39 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: -- tax credit deal. Ms. Slazyk: The tax credit deals, yes. Chairman Gonzalez: All right. OK. Vice Chairman Sanchez: And Mr. Chairman, ifI may add to that, and l just want to add -- echo on your comments, is that have a problem with that. I mean, if this City is committed to find a solution to affordable housing, I think that only to limit to the tax credits -- I mean -- Chairman Gonzalez: It's totally unfair. Vice Chairman Sanchez: -- it is unfair, to be honest with you, so you know, I would probably support this on first reading, but I would respectfully request that it will come back with a waiver for home ownership projects that are a hundred percent affordable housing, too. Ms. Slazyk: OK. Vice Chairman Sanchez: Because you're going to be penalizing projects in certain districts that don't get any tax credit, but they're a hundred percent affordable housing. Ms. Slazyk: Right. The issue as to why that wasn't put in to begin with was the monitoring process, and what we'll do is, on second reading, I'll sit down with Barbara and see if we can come up with some language that will do that -- Vice Chairman Sanchez: All right. Ms. Slazyk: -- for second reading. Chairman Gonzalez: All right. Vice Chairman Sanchez: So as I stated, I would make a motion -- or I think one has been already proffered. Chairman Gonzalez: All right. Vice Chairman Sanchez: No? Madam Clerk. Chairman Gonzalez: There is -- no. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. It's a public hearing. Please come forward to be recognized. Vice Chairman Sanchez: Judy, while you do that, I think my comments were made where I will support it on first reading, but when it comes back on second reading, I would like to see it also apply to projects of home ownership that are a hundred percent affordable housing. Judith Sandoval: Judy Sandoval, 2536 Southwest 25 Terrace. As chair -- cochairman [sic] of the Parks Department ofMiami Neighborhoods United, I object to this because the impact fees, part of them go to parks, and we are very low on funding for parks. We're very low on the amount of parkland that we have. We worked long and hard last year and the year before to City ofMiami Page 40 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 get this passed, and if it affects that, I would ask you to reconsider and not pass it. Thank you. Chairman Gonzalez: Thank you. Commissioner Sarnoff Judith, you understand that this is for affordable housing projects? Ms. Sandoval: Yes, I do -- Chairman Gonzalez: Yeah. Ms. Sandoval: -- but the people who live in affordable housing are the people who need parks more than anybody. Vice Chairman Sanchez: How can you want a park when you don't even have a house? Chairman Gonzalez: Yeah. Vice Chairman Sanchez: I think people would rather have a house than a park. Chairman Gonzalez: Well, if people don't have a house, then they can go and sleep in the park. Ms. Sandoval: They want to have both, you know. Chairman Gonzalez: Like Commissioner Sarnoff mentioned this morning, Bicentennial Park is not used by -- Jorge L. Fernandez (City Attorney): Fine. Chairman Gonzalez: -- you know -- Commissioner Sarnoff Right -- Chairman Gonzalez: -- people on the condominiums; it's used by homeless, right? Commissioner Sarnoff Right. Chairman Gonzalez: So we all become homeless and we go live in the parks, you know. Buy a tent. Let me tell you, it's going to be cheaper because you go to Sears and buy a tent that cost you 29.95 and you know, mount your tent and -- Vice Chairman Sanchez: Well -- Commissioner Sarnoff And you get waterfront property. Chairman Gonzalez: -- you have waterfront property. My God, what else can you ask for? Vice Chairman Sanchez: Waterfront property. Chairman Gonzalez: Waterfront property, you know. Vice Chairman Sanchez: All right. Ms. Sandoval: But Mr. Gonzalez -- City ofMiami Page 41 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Yes. Ms. Sandoval: -- maybe if they don't have a park, they'll sleep in your backyard. Priscilla A. Thompson (City Clerk): I'm sorry. We're not recording. Chairman Gonzalez: Go ahead. Nina West: Judy said, Mr. Gonzalez, maybe if they don't have a park, they'll sleep in your backyard. Chairman Gonzalez: Yeah. No, not in my backyard. No. They won't sleep on -- Ms. West: He'll invite them. Chairman Gonzalez: -- I'll bet you, they won't sleep in my backyard. Ms. West: This is Nina West, 3690 Avocado Avenue, Coconut Grove. I want to talk about the affordable housing. What are the affordable housing limits? Maybe the Chair knows or he can ask the -- Chairman Gonzalez: What is the what? Ms. West: The affordable home ownership, what is the cost of that housing? Chairman Gonzalez: The units that been built in my district, they range from $77, 000, three -bedroom, two -bathroom, living room, dining room -- Ms. West: And this is for -- Chairman Gonzalez: -- fully equipped Ms. West: -- affordable home ownership, and what is the maximum? Chairman Gonzalez: To a hundred and twenty five. Ms. West: Yeah. That's the maximum, is -- Chairman Gonzalez: Yes. Ms. West: -- 125,000 -- Chairman Gonzalez: A hundred -- Ms. West: -- under the federal whatever it is? Chairman Gonzalez: --145, 000 is -- the units have been sold for a hundred -- maximum 145, 000. The price that you can sell them for is 239, 000. Ms. West: Two hundred and thirty-nine thousand. Because maybe what you'd want to do is put a cap -- Chairman Gonzalez: Which -- do you want me -- City ofMiami Page 42 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Nina. Chairman Gonzalez: -- to be honest? Two hundred and thirty-nine thousandl don't consider affordable. Ms. West: Me either, that's why I want to make this statement. Chairman Gonzalez: Because most people -- Ms. West: Maybe you would want to put a cap of 125, 000 where you waive the home ownership fee and -- Chairman Gonzalez: Well -- Ms. West: -- and above 125,000 -- Chairman Gonzalez: --125, 000I don't think is realistic because those projects that were sold at 125,000 and at 145,000 land was acquire some years ago, and the cost of land was cheaper, but I believe that 175, 000, 180,000 is more in tune than 239. Most people don't qualify. Ms. West: Well -- Chairman Gonzalez: Low-income families don't qualin, for that -- Ms. West: OK. Chairman Gonzalez: -- price. Ms. West: What I was going to say is if you look -- the City has got plenty of lots for infill housing -- Vice Chairman Sanchez: Not really. Ms. West: -- all over the place, and -- Vice Chairman Sanchez: Not -- Ms. West: -- you all say that's not true -- Commissioner Sarnoff Not -- Ms. West: -- but just look at Overtown. Chairman Gonzalez: Not really. Commissioner Sarnoff Not -- Ms. West: There's a ton of lots down there. Vice Chairman Sanchez: Not really, Nina. Chairman Gonzalez: The City -- for your -- Vice Chairman Sanchez: Nina. City ofMiami Page 43 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: -- knowledge, the City doesn't have those many lots. The City had some lots in Overtown -- Commissioner Sarnoff Right. Chairman Gonzalez: -- and had some lots in Model City that has been issued to developers, which are presently working to develop affordable housing. Ms. West: And what are we doing with the County for all their empty lots? Chairman Gonzalez: Well, ask the County. Ms. West: Well, do we ask the County? Are we -- Chairman Gonzalez: We have -- Ms. West: -- working with the County? Chairman Gonzalez: -- asked the County. Ms. West: I mean, the County wants us to give them a lot of money out of the Omni fund -- Chairman Gonzalez: We -- my office -- Ms. West: -- CRA (Community Redevelopment Agency). Chairman Gonzalez: -- did a study on CLUC (County Land Usage Code)-90 properties that belong to the County, and we come up with a list of about, what, 200 lots? Frank Castaneda (Chief of Staff, Chairman Gonzalez): 200. Chairman Gonzalez: About 200 lots. We start inquiring to obtain those lots from the County to build affordable housing, and right away, they transfer the ownership of those lots to -- Mr. Castaneda: GSA (General Services Administration). Chairman Gonzalez: -- GSA, so now if we -- Ms. West: Who's GSA? Chairman Gonzalez: -- can give them away -- huh? Ms. West: Who is GSA? What is G --? Chairman Gonzalez: General Service Administration. Ms. West: OK. Because I was going to say, we had -- they want money -- the County wants us to spend our Omni dollars -- Chairman Gonzalez: Yeah. Ms. West: -- our tax dollars -- City ofMiami Page 44 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Yeah. Ms. West: -- that the people pay, that the business owners pay here to help the PAC (Performing Arts Center), and maybe we should say, well, we're having this discussion; why don't you help us out, too, and let's turn over some of these lots that are just sitting there in your GSA doing absolutely nothing, and then, the other thing is, we can put a cap, because I happen to agree with Commissioner Gonzalez, 125, $149, 000, that's real affordable housing. Above 149, 000, we saw what happened the last time; all those places were flipped. Chairman Gonzalez: Yep. Ms. West: Thank you. Chairman Gonzalez: You're welcome. All right. Any further discussion on the item? Seeing none -- Vice Chairman Sanchez: It's an ordinance, first reading. Chairman Gonzalez: We need -- Vice Chairman Sanchez: It's an ordinance, first reading. Chairman Gonzalez: -- do we had a motion on the item? Vice Chairman Sanchez: Yes. Chairman Gonzalez: And we had a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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, 4/0. Chairman Gonzalez: On first reading. FR.2 07-00766 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David AMENDED, ENTITLED "BUILDINGS/EXTERIOR FACADE CODE/CONDITIONS Sarnoff OF NONRESIDENTIAUCOMMERCIAL PROPERTIES," MORE PARTICULARLY BY AMENDING SECTION 10-23 TO ADD A PROVISION REGARDING TEMPORARY FENCING TO SECURE CONSTRUCTION SITES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00766 Legislation .pdf 07-00766 Cover Email.pdf City ofMiami Page 45 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 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 Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones 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: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones Chairman Gonzalez: FR.2, amending Chapter 10 to promote public health, safety, and general welfare. Commissioner Sarnoff Mr. Chairman, I'm actually the proposer of this with -- along with Hector Lima, from Building, and what it is, we're going to change some of the language on the dais here on first reading. We're going to restrict this simply to -- well, let me say what it is. It is to put up temporary fencing around construction sites. The reason for -- andl'm includingR-1 andR-2 properties in this -- the reason for this -- andl'm sure, as you all know, probably the most historic case, although it is only one of seven cases, was of a child being -- they are attractive nuisances, construction sites. If you recall in Coral Gables about five years ago, a child crawled into a construction site without a fence, climbed on top of a sandpile, and the sandpile subsumed him, and he suffocated. That is only one of seven cases here in Miami. Construction sites are attractive to children. They're places of interest. That's one aspect of it. The second aspect of it is, next to your home, if you're having somebody build a house, I think you need some common courtesy, and that is a fence up, andl believe it also needs a meshing -- I forgot what we called it. I think we called it a professional grade mesh inside of it so that when we have a blow like the other day with the -- just the thunderstorm that came to 40 mile per hour winds through most of our area, you don't need the sand going into your house, and also, you may notice, certainly in the Grove this happens, it can take two years sometimes to complete a house. Why do you need to have a house under construction right next to you for the better part of two years and have nothing to protect you from, let's say, the hurricane season, when they don't absolutely clean up what they should clean up, so this serves two purposes: It is less intrusive in the neighborhood in terms of what you have to look into on this construction site, and it protects you and it protects children. The language originally had said, "Remodeling, additions." Let's take that out. Let's leave this simply for new construction. Chairman Gonzalez: OK. Commissioner Sarnoff The other thing I'd like to amend is -- Vice Chairman Sanchez: Wait, wait, wait, wait, wait. That's new construction? Commissioner Sarnoff Only new construction, so anybody remodeling their house or adding an addition would not be subject to this new ordinance. Also, I strongly urge that we put in a section that says as follows: This area is a designated construction site. Anyone who trespasses on this property commits a felony -- City ofMiami Page 46 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Third degree. Commissioner Sarnoff -- and this -- third degree felony, correct -- is pursuant to Florida Statute 810.09, which is trespass on property; others. This will allow the police then -- I'm sure your neighborhoods have experienced what this neighborhood -- my neighborhood has experienced, which is the very theft of a great many of appliances, theft of building material, construction material. You know, once you put the fence up, we know who belongs in there and we know who doesn't belong in there. By restricting this to construction, we're not putting the onus really on the homeowner. We're putting the onus on the builder/constructer. This is a miniscule cost, and you think about the benefits to it. We preserve children. We restrict the ability of flying objects, and we keep a little bit of integrity of our own personal lives when people take a long time to finish property, and you and know there's -- there could be valid reasons and there could be invalid reasons why a property could take a long time. The minimum we can do is shield you with a fence and a professional grade mesh. Chairman Gonzalez: All right, so you move the -- Commissioner Sarnoff I do move the item, Mr. Chairman. Chairman Gonzalez: -- the ordinance? We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. Vice Chairman Sanchez: As amended. Commissioner Sarnoff As amended. Chairman Gonzalez: As amended. Vice Chairman Sanchez: As amended, which is new construction, which I could support. Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on this item? Seeing none, hearing none, public hearing is closed. Read the ordinance, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 4/0. [Later..] Chairman Gonzalez: Do you have any pocket items, Commissioner? City ofMiami Page 47 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff Mr. Chairman, this is a motion for reconsideration, FR.2, was the construction with a fence rule. What I'd like to do is amend this, per a request by Michelle Spence -Jones, that affordable housing units would be exempt from the rule. Chairman Gonzalez: All right. There is a motion -- Commissioner Sarnoff So it would be a motion for reconsideration. Chairman Gonzalez: -- for reconsideration. Is there a second? Commissioner Regalado: What are we reconsider --? Chairman Gonzalez: Reconsider FR.2. Commissioner Sarnoff FR.2, Commissioner Regalado, Michelle Spence -Jones has communicated a friendly amendment so it would not take up another Commission meeting, and that would be that affordable housing residential units would be exempt from the fence rule. Commissioner Regalado: Oh, OK. OK. Chairman Gonzalez: All right. Is there a -- Commissioner Regalado: Second. Chairman Gonzalez: -- second on reconsideration? There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff So now what we -- Chairman Gonzalez: (UNINTELLIGIBLE) reconsider. Now -- Commissioner Sarnoff -- what we do is we need to go back to FR.2. Chairman Gonzalez: -- you need to amend FR.2. Commissioner Sarnoff Right. I'd like to -- Madam Clerk, I'd like to amend FR.2 to exclude from new construction affordable residential housing. Chairman Gonzalez: There's -- Commissioner Sarnoff I'll do that by way of a motion. Chairman Gonzalez: -- a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. FR.3 07-00777 ORDINANCE First Reading City ofMiami Page 48 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 District 2- Commissioner Marc David Sarnoff AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC)," MORE PARTICULARLY BY AMENDING SECTION 2-1252(A) MEMBERSHIP, ENTITLED "MEMBERSHIP; QUALIFICATIONS; TERMS OF OFFICE; VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE; MEETINGS; QUORUM; VOTING, ATTENDANCE REQUIREMENTS," TO DELETE NON -VOTING, EX-OFFICIO MEMBERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00777 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: FR.3. Commissioner Sarnoff Oh, sorry. This is mine, as well. This is an ordinance, Mr. Chairman, that will allow us to have all voting members of the BIC (Business Improvement Committee). There have been, in the past, a number of ex-officio, nonvoting members. What wanted to do is everybody that takes the time out of their day and dedicates their volunteer -- their services on a volunteer basis to have a vote, and so all it does is clam and take out the nonvoting members and allow them to right to vote. Chairman Gonzalez: All right. Will you move the ordinance? Commissioner Sarnoff I do so move RE (Resolution) -- FR.3. Chairman Gonzalez: We have a motion on FR.3. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. It's an ordinance, Mr. City Attorney. Jorge L. Fernandez (City Attorney): It's a public hearing. Chairman Gonzalez: I'm sorry. Yes, a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. All right. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 49 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Thank you. FR.4 07-00779 ORDINANCE First Reading Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED: "ELECTIONS," MORE PARTICULARLY BY AMENDING SECTION 16-6, TO REFLECT THE CORRECT SECTION OF THE CITY CHARTER REGARDING ELECTIONS AND REVISING THE AFFIDAVIT OF CANDIDATES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00779 Legislation .pdf 07-00779 Cover Memo .pdf CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to continue item FR.4. Chairman Gonzalez: All right. Mr. Manager, you want to take the -- Pedro G. Hernandez (City Manager): Chairman, if you would allow me, I would like to RE.10, which is -- Vice Chairman Sanchez: Before we do that, I just -- I apologize, but there was one item that I wanted to defer on the agenda that I wasn't very clear, and we finally found it. That's going to be FR.4, which is an ordinance on first reading. I was -- respectfully request that that item be deferred, and would make a motion to defer that item. Chairman Gonzalez: Which one, FR.4-? Vice Chairman Sanchez: FR.4. It's on first reading. Chairman Gonzalez: OK. We hear a motion? Commissioner Sarnoff I'll second the motion. Chairman Gonzalez: You want to defer it for when? Vice Chairman Sanchez: For the next regular Commission meeting. Chairman Gonzalez: All right. Priscilla A. Thompson (City Clerk): So you're continuing it to -- Chairman Gonzalez: So we have -- Vice Chairman Sanchez: Continuing. Ms. Thompson: -- the Commission -- Chairman Gonzalez: Continue. Ms. Thompson: -- meeting of -- Thank you. City ofMiami Page 50 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: We have a motion to continue FR.4, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 51 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 RE.1 07-00652A Department of Capital Improvement Programs/Transpo rtation RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE DADE HERITAGE TRUST TO BE ADMINISTERED BY THE CITY'S DEPARTMENT OF CAPITAL IMPROVEMENTS, TO RESTORE THE FIRST MIAMI HIGH STRUCTURE LOCATED ON CITY -OWNED PROPERTY AT SOUTHSIDE PARK, 140-142 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, IN THE AMOUNT OF $355,000; ALLOCATING SAID FUNDS FROM B-30532, CAPITAL IMPROVEMENT PROJECT ENTITLED: " OLD MIAMI HIGH RESTORATION" AND GENERAL FUND ACCOUNT NO. 00001.980000.548000.0000.00000 OR OTHER FUNDING SOURCES AS MAY BECOME AVAILABLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-00652A Legislation .pdf 07-00652A Exhibit .pdf 07-00652A Summary Form.pdf 07-00652A Agreement.pdf 07-00652A Contract .pdf 07-00652A Text File Report.pdf 07-00652A Amendment Detail.pdf 07-00652A Text File Report 2 .pdf 07-00652A Text File Report 3 .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0355 Chairman Gonzalez: RE.1. It's a resolution. Ola Aluko (Director, Capital Improvement Program): Good afternoon, Commissioner. Chairman Gonzalez: Good afternoon. Mr. Aluko: This is a resolution authorizing the City Manager to execute an attached agreement, authorizing a grant to the Dade Heritage Trust, not to exceed the amount of $355, 000. Chairman Gonzalez: All right. Yes, ma'am. Go ahead. Becky Matkov: Yes. Becky Matkov, executive director of Dade Heritage Trust, and this is for the old Miami High School restoration in Southside Park, which will be your City park manager's office, and a community education center, andl do want to clarify that $355, 000 amount includes the $300, 000 from the -- Vice Chairman Sanchez: County. City ofMiami Page 52 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 RE.2 07-00570 Department of Capital Improvement Programs/Transpo rtation Ms. Matkov: -- County general obligation bond, so the City -- and then we are bringing a $350, 000 grant from the State to this project, plus any additional private fundraising that we have done and may do, so we're asking the City for that -- actually, a $55, 000 contribution to finish this project, and as Commissioner Sarnoff was talking about this morning with the parks having amenities to make them come alive and that Southside Park would be tremendously enhanced by this and by a presence where they can have programming for kids and make it more attractive for the neighbors to use -- Chairman Gonzalez: All right. Ms. Matkov: -- so I urge your support of this. I thank you very much for -- at the last two Commission meetings, you have all been very helpful and supportive, andl urge you to keep up the good work. Chairman Gonzalez: Thank you. Ms. Matkov: Thank you. Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-119, THAT THE FIRMS MOST QUALIFIED 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 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 City ofMiami Page 53 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0356 Direction by Commissioner Sarnoff to the City Manager to ensure that at least three public meetings will be held regarding the park project design and scope of work. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI beg your indulgence for a second. We have another item, which is RE.2, that is very, I would say, related to this one, which is the one that deals with authorizing the Manager to negotiate a contract with Cooper Robertson, which is the firm that has been selected to do the design and construction documents for Museum Park. Vice Chairman Sanchez: Why don't we wait till the afternoon; get some of the Commissioners to come back? I mean, we'll get it passed today, but right now, the Commission meeting stands in recess. We will be back -- Commissioner Regalado: 2: 30, 3? Vice Chairman Sanchez: -- 2: 30. All right. We will be back at 2: 30. See, Commissioner, I do compromise. All right, so we will be back at 2: 30. Thank you so much. [Later..] Chairman Gonzalez: RE.2. Becky Matkov: Thank you. Chairman Gonzalez: You're welcome. RE.2. Mr. Hernandez: Larry, RE.2. Chairman Gonzalez: RE.2. Mr. Hernandez: RE. 2 is a resolution of the Miami City Commission accepting the recommendation of the Manager to approve the findings of the Evaluation Committee pursuant to request for qualifications number 05-06-119, that the firm most qualified to provide architectural/engineering services for the waterfront district projects, in rank are: Cooper, Robertson & Partners, Kimley-Horn and Associates; authorizing the City Manager to negotiate an agreement with Cooper, Robertson & Partners, and further authorizing the Manager to negotiate an agreement with the second -ranked firm in the event negotiations fail with the top -ranked firm; directing the City Manager to present the negotiated agreement to the City Commission for consideration and approval at a later date. This deals with Museum Park and the bay walk, and it's your authorization to allow me to negotiate with Cooper Robertson, the selected firm, and then come back with a contract. Chairman Gonzalez: All right. Is there a motion on RE. 2? Commissioner Sarnoff I'll make a motion for discussion. Vice Chairman Sanchez: Second. City ofMiami Page 54 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: There's a motion, and there is a second. Discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Mr. Manager, by agreeing to Cooper Robertson, are we going to maintain some control so that we can steer the process a little bit? I mean, I know you were at the Performing Art [sic] Center meeting. I know you heard a number of the comments that were made; I know I did, as well. I think the general feeling amongst folks, just in general, whether they were there or not, is that it's a very complicated design, and we need to simplin, it. I think we need to simplify it for two reasons: One is dollars, and the second is, I don't know, keep it simple, stupid, always seems to work a lot better than complicated, andl think one thing Cooper Robertson needs to take into account -- I think everybody does. We may have -- of course, I'm saying this; it's probably raining outside, butl think we need to be more tolerant or create foliage that's more tolerant and more resistant to less watering. You know, I don't know what the future holds for us, but it seems like it's less frequent that we get water, and it seems like we get somewhat less and less water. I know in his plan he had some pools or pooling ideas and some fountain ideas. I don't know that those are ideas of the future, and maybe we're better off putting them behind us versus in front of us. Mr. Hernandez: Commissioner, I totally agree with you. I was at that meeting, andl think that we all agree that the plan is, as we have it today, sort of maybe too elaborate, and consequently, too expensive, andl think that we have to be simple but elegant, and have a scope that -- I was just discussing with Mary Conway -- will be more realistic to something that we can afford; would be more sensitive to the use of water, and would be more fitting of the available monies that we foresee, so rather than a plan that would cost -- or a construction that would be at the 60, $70 million level, it should be no more than half of that, maybe 20, 25, in that range, so it will be like a million per acre, and we would develop that scope, and it would be negotiated with that scope in mind, andl think that we have go back to that day at the PAC (Performing Arts Center), when we had that meeting, and work taking those comments into account, and having several public meetings to move from that elaborate design to something that is more acceptable. Commissioner Sarnoff Yeah. Let's make sure when we scope it, that we give -- andl know it's expensive to bring them down, andl know we chose them, but let's make sure that we give ourselves at least three public meetings, if not more. Mr. Hernandez: Agreed. Chairman Gonzalez: All right. Yes, ma'am. Judith Sandoval: I would like to comment on this. Chairman Gonzalez: Comment. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I speak as cochairman [sic] of the Miami Parks and Public Spaces Committee. I was very vocal in our opposition at the meeting to which you refer at the PAC about that park design, andl would like you to know that not only will it be very expensive, but to maintain, and we have consulted with a landscape architect, an established known landscape architect named Bob Powers, who works in this community, and he estimated that it would cost, as they have created this project, $4 million a year just to maintain it, and probably between two and three million an acre to create, and remember that a lot of testing of that soil and perhaps environmental work has to be done on the park, and the City's going to have to remove a lot of construction that's in there. It will be very expensive, and the landscaped area with plants and more simple as Marc and you have City ofMiami Page 55 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 suggested, is much more appropriate, and one of the things that should be out of there is that large space, which is totally useless, unless you put something in there for pickup ball, ball games, and we need something more appropriate to this community than this formal construction. We need things like, perhaps, places to play chess, and to play Dominos, and we need more shade trees so that that big area out in front doesn't become only suitable for a venue to make money and have circuses in there. We've got Bayfront Park just down the line a little on Biscayne, andl hope you will consider these things in this new design, and we'll be glad to take part in any new planning that takes part -- that goes on. Commissioner Sarnoff Judith, do you see any ball fields on this design or not, not here? Ms. Sandoval: There aren't any. Commissioner Sarnoff No, no. Do you see it as a good thing or not desirable? Ms. Sandoval: Possibly, yes, and the thing is a lot of people go in that park and play ball now, just as they do in all the City parks. I mean, you've got families that go in and have a little game, or you've got teams that go in and maybe just practice, andl think there's room for it. There's room for -- andl think it'd be a much better use of that -- these two big open green areas, which nobody is ever going to go and sit on. There's no shade. We need benches, and we don't need all these, you know, palm trees that get lethal yellow. We should have local landscape designers very involved if this new revision because they know the plants, they know our native plants; they're used to working here, and not just guys from New York because they'd made a lot of mistakes. Vice Chairman Sanchez: Cockfighting. Ms. Sandoval: Thank you. You go for that, Mr. Sanchez? Vice Chairman Sanchez: I had some suggestions. As a matter of fact, one of the suggestions that received was cockfighting over -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- at the park. Ms. Sandoval: Why -- you furnish the birds, and I'm sure somebody will be there to challenge you. Chairman Gonzalez: All right. Commissioner Regalado: The people -- Chairman Gonzalez: We have a motion, and we have a second. Commissioner Regalado: -- that they're playing there are the same people that used to play in Margaret Pace Park before it was fix. Margaret Pace Park was just an empty lot, and you had soccer, and you had baseball over there all during weekends, and these are the people that are move to play in Bicentennial, and they do it all the time. Chairman Gonzalez: All right. Nina West: OK. City ofMiami Page 56 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 RE.3 07-00722 Department of Capital Improvement Programs/Transpo rtation Chairman Gonzalez: Yes. Ms. West: Nina West, 3690 Avocado Avenue, Coconut Grove. I'm also part of the Parks and Public Space Committee. We've given a lot of thought to this park, including the original charrettes that were done and lost by the City. The park is the backyard for all this high-rise that you're planning on for downtown. These people have terraces, but they don't have a backyard. The park needs to be used by people, not just a formal elegant entranceway to a couple of museums. This is very, very valuable. We don't have enough playing fields, that's true. We don't only want playing fields. We want a lot more trees in this park. We can do that park for much less than 25 million, in my opinion, and it will be perfectly useable and enjoyed by everything, and the last thing we should do is to build a fancy restaurant in there that will be functionally obsolete in 30 years that we're going to lease to someone and take up more acreage in the park because we want to encourage the use of the mixed -use that's right across the street rather than to complete with it, so we don't need two restaurants, one in the museum and one in the park itself, to compete with restaurants that haven't even been put in place in the mixed -use across the street, which everybody says they want a restaurant in their building, so I think if we take careful consideration of all of this, and we husband our dollars wisely, we will get a huge return on our investment, much more than the original hot park, as envisioned by Cooper Robertson. Thank you. Commissioner Sarnoff So, Nina, you don't see a Tavern on the Green there or --? Ms. West: No, absolutely not, andl think that that was the biggest real estate deal payoff boondoggle that ever happened in the City of New York, and once it happened, the people made sure it never happened again. Commissioner Sarnoff You think people are against Tavern on the Green? Ms. West: Yes, I think the people who live in New York and use the park everyday are vastly against -- Vice Chairman Sanchez: All right. Ms. West: -- Tavern on the -- Tavern on the Green -- people who come in from Danbury, Connecticut, for mom's weekend and they go in and look at the (UNINTET,TIGIBLE). They have terrible food They have expensive prices, while they wait on line, and it's probably the worst restaurant in New York City for the price. Thank you. Commissioner Sarnoff OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS RECEIVED FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND ("GOB") IN THE TOTAL AMOUNT OF $15,500,000 FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM, PROJECT B-30508 (THE "PROJECT); AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE GOB FUNDING TO THE PROJECT AND TO EXECUTE ANY REQUIRED DOCUMENTATION RELATED TO THE RECEIPT AND ADMINISTRATION OF SAID FUNDS FOR City ofMiami Page 57 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 SAID PROJECT PURPOSES. 07-00722 Legislation .pdf 07-00722 Exhibit .pdf 07-00722 Exhibit 2 .pdf 07-00722 Summary Form.pdf 07-00722 Text File Report .pdf 07-00722 Letter .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0357 Chairman Gonzalez: RE.3. Ola Aluko: Good afternoon, again. Ola Aluko, director of Capital Improvements. This resolution is to accept the funds received from Miami -Dade County GOB (General Obligation Bond), in the total amount of $15, 500, 000 for the Historic Virginia Key Park Museum project. Chairman Gonzalez: The $15 million, right? Mr. Aluko: That's correct. Vice Chairman Sanchez: Fifteen point five. Mr. Aluko: Fifteen point five million dollars. Chairman Gonzalez: All right. Is there a motion on the item to accept 15 -- Vice Chairman Sanchez: So -- Chairman Gonzalez: -- million dollars? Anyone in opposition of accepting $15 million? Vice Chairman Sanchez: -- move for discussion. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff I'll second -- Commissioner Regalado: Second. Commissioner Sarnoff -- the 15. Chairman Gonzalez: There is a second. Discussion. Vice Chairman Sanchez: Just a question. This is -- will be from design -- Chairman Gonzalez: I thought you were going to object to the $15 million -- Vice Chairman Sanchez: No. Is it --? Chairman Gonzalez: -- or you want to -- you were going to ask that they give it to you on a 20 City ofMiami Page 58 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 dollar bills -- on 20 dollar bills. That's the only way that you will accept it. Vice Chairman Sanchez: Twenty dollar bills. Would this be from design to turning [sic] key? Mr. Aluko: Design to turnkey, yes, sir. Vice Chairman Sanchez: So this 15.5 should take care of it. Mr. Aluko: With -- as long as we have no unforeseens [sic]. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. RE.4 07-00725 RESOLUTION Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006. 07-00725 Legislation .pdf 07-00725 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0358 Chairman Gonzalez: RE.4. Michael Boudreaux: Good afternoon, Commissioners. Mike Boudreaux, acting chief Office of Strategic Planning, Budgeting & Performance. This is just to close out the fiscal year 2006 budget based on the year-end financial audit and to recognize the final adjustments that we made to that budget. Chairman Gonzalez: All right. Is there a motion on RE. 4? Vice Chairman Sanchez: So move. Chairman Gonzalez: There is a motion. Is there -- Commissioner Regalado: Second. Chairman Gonzalez: -- a second? There is a second. All in favor, say "aye." The Commission (Collectively): Aye. RE.5 07-00728 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Attorney AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN City ofMiami Page 59 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, OFFICE OF THE PUBLIC DEFENDER, FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF DEFENDING CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA. 07-00728 Legislation .pdf 07-00728 Exhibit .pdf 07-00728 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0359 Chairman Gonzalez: RE.5. Reimbursing the Office of Public Defender for the cost of defending person charged with violation of the Code of the City ofMiami. Is there a motion on this item? Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Second. That's -- Chairman Gonzalez: We have a motion, and we have a second. All in favor -- Vice Chairman Sanchez: -- the State. Chairman Gonzalez: Yeah. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: We already did RE.6 -- Vice Chairman Sanchez: Yes. Chairman Gonzalez: -- and we did RE.8. RE.6 07-00750 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF NOT TO EXCEED (I) $115,652,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA LIMITED AD VALOREM TAX REFUNDING BONDS, SERIES 2007A (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) ("SERIES 2007A BONDS"), TO REFUND A PORTION OF THE CITY'S LIMITED AD VALOREM TAX BONDS, SERIES 2002 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS), AND (II) $50,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA LIMITED AD VALOREM TAX BONDS, SERIES 2007B (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) ("SERIES 2007B BONDS"), TO PAY FOR THE COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY; PROVIDING THAT SUCH SERIES 2007A BONDS AND SERIES City ofMiami Page 60 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 2007B BONDS (COLLECTIVELY, THE "SERIES 2007 BONDS") SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY BUT SHALL BE SPECIAL LIMITED OBLIGATIONS PAYABLE FROM A LIMITED AD VALOREM TAX TO BE LEVIED ANNUALLY ON ALL TAXABLE PROPERTY IN THE CITY, WHICH LIMITED AD VALOREM TAX SHALL BE PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH SERIES 2007 BONDS; PROVIDING A SECONDARY SOURCE OF PAYMENT FOR SUCH SERIES 2007 BONDS FROM NON AD VALOREM REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH SUCH NON AD VALOREM REVENUES; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE SERIES 2007 BONDS AND THE REFUNDING OF THE REFUNDED BONDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES IN CONNECTION THEREWITH; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2007 BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID SERIES 2007 BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID SERIES 2007 BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2007 BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO AND APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER; AUTHORIZING THE REFUNDING, DEFEASANCE AND REDEMPTION OF THE REFUNDED BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTING AN ESCROW AGENT AND A VERIFICATION AGENT; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 07-00750 Legislation .pdf 07-00750 Exhibit 1.pdf 07-00750 Exhibit 2.pdf 07-00750 Exhibit 3.pdf 07-00750 Exhibit 4.pdf 07-00750 Exhibit 5.pdf 07-00750 Summary Form. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Spence -Jones City ofMiami Page 61 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 R-07-0353 Vice Chairman Sanchez: RE.6. Chairman Gonzalez: All right. RE.6. Vice Chairman Sanchez: That's the one refer -- with the refinancing? Larry Spring (Chief Financial Officer): Well, actually, the Commissioner was just discussing RE.8. Priscilla A. Thompson (City Clerk): Thank you. I'm sorry. Chair, I'm really confused, andl apologize. Mr. Spring: Right. Ms. Thompson: I'm trying to make sure. When I look at the agenda, RE.8 is 50 -- Chairman Gonzalez: We're -- Ms. Thompson: -- million, so -- Chairman Gonzalez: -- going to be taking RE.6. I was asking a question on RE.8 -- Vice Chairman Sanchez: Why is this to defer? Chairman Gonzalez: -- because it caught my attention when I saw $50 million of bond issuance. God. RE.6. Mr. Spring: RE.6, Commissioners, is a resolution asking for two authorizations. The first authorization is to allow the Commission to refinance up to $115 million of the already -existing issued $155 million. We'd like to make one correct -- one floor change with regards to that. In the bond documents attached to this item, we put in a threshold of three percent savings for that refunding. The way the market is going, interest rates are rising right now, and we would respectfully ask that it be changed to a two and a half percent as our floor savings, and it will -- at that level, we will still accomplish a $2.5 million savings in interest on that refunding transaction -- Chairman Gonzalez: Which took -- Mr. Spring: -- if the market takes us to that level. Chairman Gonzalez: Which it's always good to save money. Mr. Spring: It's always good to save money. The second portion of that resolution, which I think Commissioner Sanchez has some -- is uncomfortable about is the authorization to issue an additional $50 million. Chairman Gonzalez: But that's on RE.8. Mr. Spring: No, no, no. Vice Chairman Sanchez: No. Mr. Spring: That's part of -- that is part of RE.6 as well. City ofMiami Page 62 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Which I -- but here's my thing to -- Mr. Spring: OK. Vice Chairman Sanchez: -- you. Why can't we wait till -- to find out the outcome of Tallahassee on this? Why are we rushing into this, when I could understand that we could break it into two phases; one is the refinancing, which I'm OK with. Mr. Spring: OK. Vice Chairman Sanchez: The other phase is the one that I'm a little concerned with. Mr. Spring: Andl am -- and I'm willing to accept that modification to this item. I would just like to put on the record that with regards to what's going on in Tallahassee and the City's capacity to issue these extra 50 million -- this additional $50 million. We have done a calculation with the underwriting team and the financial advisor and have determined that it will not impact our capacity, even in the worst case scenario. The City's debt millage is required to be at the 1.218 at a maximum, and per our calculations, we will remain probably below where we are today, which is . 621, but I -- if the Commission is not comfortable with that, I am willing to accept, you know -- Commissioner Sarnoff Wait a minute. Wait a minute. If don't mind -- Chairman Gonzalez: No. Go ahead. Commissioner Sarnoff -- Mr. Chair. We're working on a second tranche of a $100 million HSB, Homeland Security Bond, project -- Mr. Spring: Correct. Commissioner Sarnoff -- so you only want to issue 50 million because you obviously don't have the project staged sufficiently that you want to -- Mr. Spring: Correct. Commissioner Sarnoff -- delay the next 50 million. Now -- Mr. Spring: Correct. Commissioner Sarnoff -- I want to clarify some things you said. Whatever Tallahassee does does not affect that particular aspect of money because that is dedicated money towards -- that's what -- you gave us an answer earlier today when we were talking about the math. Mr. Spring: Absolutely. Commissioner Sarnoff OK. Mr. Spring: Because the -- those proposals exclude -- Commissioner Sarnoff Correct. Mr. Spring: -- the voted debt, butl think what Commissioner Sanchez concern is with regards to our net assessed value, there -- City ofMiami Page 63 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: That's the issue right there. Mr. Spring: -- if, indeed, something changes and they look to reduce or net assessed value, i.e. - - via a rollback to a certain year's level. That is his concern. In the briefing memo that we gave you, we talked about that, I guess, worst case scenario, and in that worst case scenario, the City's net assessed value would still be higher than it was when we initially authorized this bond issuance at 255; thus, we would be in a position to still be able to service our debt for the remaining life of this issuance. You know, I'm -- you know, we've done the calculation again. I understand the Commissioner's concern -- Commissioner Sarnoff Yeah, but -- Mr. Spring: -- but -- Commissioner Sarnoff -- Larry, let me say this, because I made a vote this morning that want to be able to be consistent with here today, and that is I voted to use funds from the Homeland Security Bond project. I take it that they were first tranche, I take it, funds -- I'm not sure they were; I didn't ask the question, butl certainly voted based upon the fact that any proposal before Tallahassee right now does not include the reduction of this aspect of money. Mr. Spring: It -- Chairman Gonzalez: No. Commissioner Sarnoff It excludes it. Mr. Spring: -- the proposals that are there now excludes -- Vice Chairman Sanchez: Excludes. Commissioner Sarnoff Correct. Chairman Gonzalez: Excludes. Mr. Spring: -- voted debt millage. Chairman Gonzalez: Yeah. Commissioner Sarnoff Correct, so any reduction it would have would not affect this. Chairman Gonzalez: No. Mr. Spring: Yes, based on what is proffered there now, yes -- Commissioner Sarnoff Right. Mr. Spring: -- absolutely. Commissioner Sarnoff So I want to be consistent. I would not make -- I'm going to ask the Commissioner not to make a re -- an amendment because I think we should be consistent here today. Chairman Gonzalez: Right. All right, so I be clear myself -- any other questions? And now I City ofMiami Page 64 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 need to be clear myself. You are asking -- Vice Chairman Sanchez: The motion -- Chairman Gonzalez: -- to be allowed to issue $115 million. Mr. Spring: A refinance up to $115 -- Chairman Gonzalez: Refinance it -- Mr. Spring: -- million -- Chairman Gonzalez: -- up to $115 million. Mr. Spring: -- of the already -issued portion. Chairman Gonzalez: But out of those 115 million that you want to refinance, you also want to issue $50 million? Mr. Spring: No. The 115 million refinancing is one transaction. Chairman Gonzalez: OK. Mr. Spring: It's just a refinanced transaction like you would do with your mortgage. Chairman Gonzalez: I understand that. Mr. Spring: All right. Then we have a separate transaction in this resolution that is asking for the authorization to issue an additional brand-new $50 million of the authorized 255. Commissioner Sarnoff The second tranche. Mr. Spring: The second tranche -- Chairman Gonzalez: OK. Mr. Spring: -- of the original bond that was voted by the -- that was voted. Vice Chairman Sanchez: All right. Chairman Gonzalez: OK, so you know where I'm coming from, as long as all we are approving and as long as we are voting -- and all we are voting on is on the money that was approved by the voters -- Commissioner Sarnoff Right. Chairman Gonzalez: -- under the -- Vice Chairman Sanchez: That's clear. Chairman Gonzalez: -- Homeland Defense Bond -- Commissioner Sarnoff Right. City ofMiami Page 65 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: -- I don't have any problem -- Commissioner Sarnoff Right. Pedro G. Hernandez (City Manager): That's -- Chairman Gonzalez: -- and I told you that in my office, and I told you that, Mr. Manager. My main concern here is the -- I hear conversations about a tunnel. I hear conversations about a streetcar. I hear conversations about a lot of things, and let me tell you. In reality, until we know exactly what is going to happen with Tallahassee, until we know exactly what is going to happen with CDBG (Community Development Block Grant) funds cutting, and until we know all of that -- you know for a fact, because I have told you I don't know how many times, both of you, my vote won't be here to support any new expenditures for luxury items. To me, a train is a luxury item. That's to me. I might be wrong. I don't have to be right. I might be wrong. I might be dumb, but to me, that's a luxury that we cannot afford, under the circumstances that we are now, so that's my point of view. Each one of us have a different point of view, but that's my point of view -- Commissioner Regalado: No, no, no, no. Chairman Gonzalez: -- so that's my concern. Commissioner Regalado: No. I have the same point of view. Chairman Gonzalez: OK, so then it's two. Then it's two, so -- Mr. Spring: And none of those items are contained within this -- Chairman Gonzalez: OK. Mr. Spring: -- funding. Chairman Gonzalez: Very good. Very good. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Clear. Vice Chairman Sanchez: -- on item six, for the point of clarification, that's the item that we're speaking on -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- for the Clerk's -- for the Clerk, item six. Ms. Thompson: Thank you. Vice Chairman Sanchez: This is item six. Commissioner Sarnoff RE. 6. Chairman Gonzalez: Item six. Vice Chairman Sanchez: RE.6. City ofMiami Page 66 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Right. Vice Chairman Sanchez: I am, once again, comfortable with the refinancing, which I consider to be Part A, OK, because that's going to save us money. I'm still a little nervous on Part B, so therefore, I will proffer, as a motion, that we go ahead and go with the refinancing, but we hold off on Part B till the next regular Commission meeting, where we have a clear understanding of what's going to happen in Tallahassee. That's just my motion. If there's a second, it moves on. Chairman Gonzalez: But let me tell you. Vice Chairman Sanchez: If it doesn't -- Chairman Gonzalez: My problem with that is I don't -- How many projects do we have pending ready to be built? Because Grapeland Height [sic] -- Commissioner Sarnoff Exactly. Chairman Gonzalez: -- is being built for the last five -- four years. Maceo Park was supposed to be finished a year ago, and they are still playing around with it. Fern Isle Park, they were supposed to have it completed six months, eight months ago; they won't be ready until, I don't know when; maybe January. I don't even ask questions anymore because every time I ask questions, I get a different answer, so why wasting my time, why getting myself upset when I'm told one thing, and then two weeks later, found something different, so you know, I -- do you have any projects that are ready to start building next week that need this money, or this is money that you can play with? Mary Conway: Mary Conway, chief of Operations. We have a combination of things. We have projects that were -- that did not have sufficient funding with HD-1 (phonetic), which is the reason that we had the reallocation. Those are projects that are ready to be -- go into construction. We anticipate hard bidding a lot of those projects, so they won't start construction in a week, but those are projects that are ready to go. In addition to that, we have the reimbursement to general fund already for Jose Marti Gym, Grapeland Phase II, and Little Haiti as well. Chairman Gonzalez: All right. Well, we have a proffer of a motion that says to -- it moves to -- the first part of the resolution to save money on the interest, and then a denial on the second portion, which is the issuance of the 50. Yes, sir. Mr. Spring: Just as a -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Spring: OK. I can go first? Commissioner Regalado: You always go first. Mr. Spring: No, no, no. I always defer to the Commission. I want to be deferent to the Commissioner's motion. I just want to put on the record, in speaking with the underwriting team, we do save money by doing these transactions together. Vice Chairman Sanchez: They're refinancing. City ofMiami Page 67 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Spring: Well -- no, no. I'm -- by doing -- Commissioner Sarnoff Together you do it because of underwriting, right. Mr. Spring: -- both transactions together, we do save mon -- or we're looking at an additional cost of about maybe 60 to $100, 000 -- Commissioner Sarnoff That's why you do it together. Mr. Spring: -- by separating the transactions at -- you know, at this point, but I want to be deference to the -- deferent to the Commissioner's -- Vice Chairman Sanchez: Yeah, but this is the first time I hear that. This is the first time that you -- that I hear from you that it will cost us money if we separate them. Mr. Spring: I'm just -- Vice Chairman Sanchez: All right. Mr. Spring: I understand. Vice Chairman Sanchez: Because, I mean, if there's one Commissioner here who likes to be briefed and sits down with the Administration pertaining to all these because this is -- these are serious -- Mr. Spring: Andl -- Vice Chairman Sanchez: -- serious, serious issues when we bond out, so I always ask questions pertaining -- I'm just a little nervous on the second -- Mr. Spring: No. I -- Vice Chairman Sanchez: -- phase. I don't think, first of all, that holding it till the next Commission meeting -- and you know, we could disagree all the time -- holding it is going to interfere with any other projects. As a matter of fact, that's why, on the second -- Mr. Spring: If you do RE.8. Absolutely. Vice Chairman Sanchez: -- we amended it. That's -- and we got to be clear on that. That's -- Mr. Spring: Right. Vice Chairman Sanchez: -- why we amended the sec -- the other item to make sure that none of the items that are moving forward are affected, because we all have -- Chairman Gonzalez: No. Vice Chairman Sanchez: -- projects that are moving forward. Chairman Gonzalez: No, no. My concern was that they had any -- Vice Chairman Sanchez: I want to get that very clear. I'm not -- City ofMiami Page 68 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff But any time -- Vice Chairman Sanchez: I'm helping. Commissioner Sarnoff Right, but I knew this: At any time that we're going to take something off the underwriters will give us a better rate and will allow us to have -- it just becomes a cost item that we shouldn't incur, and as long as he -- as long as Tallahassee is not affecting this type of money, I don't think we have anything to worry about, andl think we need to be consistent with what we did this morning. Vice Chairman Sanchez: Well, I -- Mr. Spring: If you -- Commissioner Regalado: What -- Mr. Spring: -- can I -- may I --? Vice Chairman Sanchez: -- have the outmost [sic] respect for him, but at times, we all could disagree on the issue. Commissioner Sarnoff No. I understand. Mr. Spring: Yeah, andl don't have a problem with that, andl will -- and consistent with what Commissioner Sanchez is saying. If -- Commissioner Regalado: But Larry, if I may? Just -- Mr. Spring: Yes, absolutely, sir. Commissioner Regalado: What we should be concern is not what Tallahassee's going to be voting on tonight, because as we all know, what is on the table, there may be some amendments, you know, to reinstate the Save Our Homes and some technical amendment. We all know that this will not affect the bond debt. We know -- Commissioner Sarnoff Right. Commissioner Regalado: -- that for sure, so there is no sense in waiting for Tallahassee. What we should be concern is about the people's initiative, that will kick probably next week after everything is said and done from the Legislature that would put on the ballot in November of 2008 whatever we sign throughout the state of Florida in order to sort of have a Proposition 13. That could -- so we would have to wait until the Supreme Court approves the language and until they get the 700,000 signatures, and to go on the ballot on November 8. That is to be the concern, so we would have to wait to make a decision until a year from now. That was my -- what is happening in Tallahassee, it would not affect, at all, the bond issue. Commissioner Sarnoff Correct. Chairman Gonzalez: All right. Mr. Spring: For full disclosure -- Vice Chairman Sanchez: You know. City ofMiami Page 69 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Spring: -- I'm going to set -- put this on the record, and it's simply this: The refinancing, nobody has a problem with; we're saving money, so that's the first part of this item. The second part, the issuance of the 50 million, the additional 50 million. If the Commission approves the intent resolution, that item will safeguard us from any project delays because we will have dollars that we could continue. However, I do want to put on the record, as I've just consulted with my team, splitting those items will have a financial impact of 60 to a 100. That 60 to 100 obviously is rolled into the financing plan, so it's not like the City's writing a check for it today; it's over the life of the issuance, but I just want to be clear so that the Commissioners can make -- Chairman Gonzalez: All right. Mr. Spring: -- a good decision, and understand Commissioner Sanchez's concern. I'm not -- Vice Chairman Sanchez: Larry, I have the outmost [sic] respect for you. Mr. Spring: Right. Vice Chairman Sanchez: We could disagree, but I have the outmost [sic] respect for you. I will monitor this, andl will bring it back. Mr. Spring: No. I -- Vice Chairman Sanchez: If -- God forbid that whatever it does affect, so you know, because we've had plenty of lengthy discussion on this. Mr. Spring: Yeah. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. What is the motion then? Vice Chairman Sanchez: No. The motion -- I would still move on with my motion. I may not get a second, but that's -- Chairman Gonzalez: All right. Is there a second to that -- Vice Chairman Sanchez: -- it won't be the first time or last in this Commission. Chairman Gonzalez: -- motion? Is there a second to the motion? There is no second. Is there a substitute motion? Commissioner Sarnoff I'll make a motion to approve RE. 6 -- Chairman Gonzalez: All right. We have a motion to -- Mr. Spring: With -- Chairman Gonzalez: -- approve RE. 6. Is there a second? Mr. Spring: -- with -- Commissioner Regalado: Second. Vice Chairman Sanchez: No. Wait, wait. You need to add something to that. City ofMiami Page70 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Spring: -- the modification that I read into the record earlier, which is to reduce the savings threshold on the refinancing down to -- Commissioner Sarnoff To 2.5 percent. Mr. Spring: -- 2.5 percent -- Commissioner Sarnoff Right. Chairman Gonzalez: Right. Mr. Spring: -- which will translate into $2.5 million -- Chairman Gonzalez: All right. Mr. Spring: -- over the life of the bond. Commissioner Sarnoff So I -- Chairman Gonzalez: Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." Vice Chairman Sanchez: One no. Chairman Gonzalez: One no. RE.7 07-00772 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE Finance OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA TO ISSUE SPECIAL OBLIGATION BONDS IN THE EXPECTED MAXIMUM PRINCIPAL AMOUNT OF EIGHTY MILLION DOLLARS ($80,000,000) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN STREETSCAPE IMPROVEMENT PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS BY THE CITY MANAGER AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 07-00772 Legislation .pdf 07-00772 Summary Form.pdf DEFERRED R-07-0352 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and City ofMiami Page 71 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 was passed unanimously, to defer items CA.10, RE.7, RE.14, RE.15, and DI1 to the City Commission meeting currently scheduled for July 10, 2007. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 07-00772 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE Finance OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA TO ISSUE SPECIAL OBLIGATION BONDS IN THE EXPECTED MAXIMUM PRINCIPAL AMOUNT OF EIGHTY MILLION DOLLARS ($80,000,000) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN STREETSCAPE IMPROVEMENT PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS BY THE CITY MANAGER AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 07-00772 Legislation .pdf 07-00772 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0352 Chairman Gonzalez: I would like to recognize Vice Chair Sanchez -- Vice Chairman Sanchez: Oh, yes. Chairman Gonzalez: -- who asked to be recognized. Vice Chairman Sanchez: Mr. Chairman, if you would allow me a point of privilege. I would be making a motion to reconsider. We deferred RE.7, and I'd like to bring it up -- back for discussion. Chairman Gonzalez: All right. Vice Chairman Sanchez: I would make a motion. Chairman Gonzalez: Is there a second to that motion? Commissioner Sarnoff RE.7. Commissioner Regalado: What are we doing? City ofMiami Page 72 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: RE.7. Chairman Gonzalez: RE.7. Reconsidering RE.7 that was to be deferred this morning. Vice Chairman Sanchez: And that was the $80 million bond issuance. Chairman Gonzalez: For streets. Commissioner Regalado: But who deferred that? Chairman Gonzalez: We did. He -- Vice Chairman Sanchez: This -- Chairman Gonzalez: -- asked for a deferral. Vice Chairman Sanchez: This morning that item was deferred, and I'm bringing it back up -- Commissioner Regalado: Oh, I thought it was Administration. I thought -- Chairman Gonzalez: No. Commissioner Regalado: It was you? Vice Chairman Sanchez: Yeah, the Administration deferred it, andl apologize. It was deferred by the Administration. Chairman Gonzalez: You have objection to the item? Pedro G. Hernandez (City Manager): No. No, we don't, sir. Chairman Gonzalez: All right. Mr. Hernandez: This is the item that deals with the intent to issue bonds on the street bonds, and the significant thing is -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Manager -- Chair, I do have a maker of a motion to reconsider. I have no second. I have not vote. Commissioner Sarnoff I'll second it. Chairman Gonzalez: All right. Vice Chairman Sanchez: Discussion. Chairman Gonzalez: We have a motion, and we have a second. We wasn't going to reconsider. We were getting information from the Manager, but anyways, we have a motion; we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion to reconsider is in place. Mr. Manager, will you proceed? City ofMiami Page 73 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Hernandez: The -- I would say the benefit that this item has is the -- that allows us to be able to use fund balance dollars to advance projects that have already been design so we can move them through either design or construction, and when the bonds are issued, then those expenditures are paid back by the bonds, so it allows for, let's say, the acceleration of projects by at least 30 days. Chairman Gonzalez: Which -- I speak always the last, but which makes a lot sense because the problem that we had the last time was that we issue the bonds, the money was in the bank, and then, at that point, we started designing projects and it took us, I don't know, three years designing projects and having projects ready to be built, so I think it's very smart that we start designing now, and once we have the money, we are ready to start building roads and sidewalks and the improvement that we need to bring to the communities. Yes, sir. Vice Chairman Sanchez: Mr. Chairman, let me just state for the record why I suggested and made the motion to reconsider based on this. I will proffer an amendment, but my concern was on the ongoing projects that exist at this time, andl think that the last thing that we want to do is jeopardize any of those programs for our fiduciary responsibility, not only to the bond agencies, but also the consequences that they may bear on the City if we don't move forward with these projects as our commitment to the voters in the City ofMiami, so I'm not in support of the $80 million at this time. What I would like to proffer as an amendment is to proffer a $25 million bond issuance, and it would be five per district, to make sure that any of the projects that are on their way, and if not, because of the money that we spend on design and stuff maybe for the advancing of the ongoing projects, we won't put them in jeopardy because, you know, time is money, and if we stop these projects and we basically cause overruns or we spend more money on -- andl think that would be concerned with that. I tell you, I was very concerned with it, but I am OK with now making the motion to proffer 25 million, five per district, as I stated, on the projects that are on the books. Chairman Gonzalez: Larry. Commissioner Sarnoff What -- excuse me. What was the basis for reducing it by 25? Vice Chairman Sanchez: Well, the basis is a couple of things. One, I'm making it very clear. I am very concerned -- we don't know the outcome of Tallahassee. We don't know what's going to happen in Tallahassee, and that's why, when we sat down with the Administration, I was very concerned with it. RE. 6, which is a companion of this -- of course, I have no problem with the refinancing because that's fine, no-brainer, if we save money on refinancing, but to put out the 80 million, I was very concerned. I wanted to wait for the outcome of Tallahassee. We still don't know what it is, but having made that decision, and having the Administration, and doing my research with my staff on all these projects, the last thing that I want to do is impede some of the projects that are being move forward in the districts, and then having to sit here and take responsibility for spending more money because of my actions, so I am comfortable with the 25 million. I don't think none of the projects are going to be jeopardized, and then later on, we could bring the additional money for approval by this Commission. Chairman Gonzalez: Larry. Larry Spring: Larry Spring, chief financial officer. I just want to make the one clarification. This item is the intent to reimburse resolution. This is not Commission's authorization for the 80 million. You're authorizing us -- you're giving -- you're authorizing us to dip into the reserve to the tune of now 25 million, five per district, with the intent that we will be reimbursed from the -- Vice Chairman Sanchez: Look -- City ofMiami Page 74 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Spring: -- proceeds of the -- Vice Chairman Sanchez: -- let's make it very clear, all right. Mr. Spring: OK. Vice Chairman Sanchez: Advancing the money -- Mr. Spring: Advancing -- Vice Chairman Sanchez: -- which will be repaid. Mr. Spring: Repaid once the proceeds of the bonds are received, and that authorization will be coming to Commission next month. Chairman Gonzalez: All right, so what is the motion? Vice Chairman Sanchez: I would make a motion to -- for the $25 million, five million per district, and of course, as stated on the record, it's for advancing on the ongoing projects. Commissioner Sarnoff Larry, let me ask a question. With Commissioner Sanchez's amendment, are you comfortable with 25 million? Mr. Hernandez: Commissioner, this is just 25 million that would be used for advancing funds from the fund balance to allow us to continue with projects in the design or construction phase. When the issuance is made later on, it will be for 80 million. Commissioner Sarnoff No. I understand, but I want to make sure the Administration, which you were asking for more than 25 -- Mr. Hernandez: Right, but the 25 is fine because it's really -- Commissioner Sarnoff OK. Mr. Hernandez: -- gap funding between like now and 60 to 90 days from now. Commissioner Sarnoff Twenty five million amongst friends, I agree. Chairman Gonzalez: All right. Yes, ma'am. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I have some questions. Chairman Gonzalez: Go ahead. Ms. West: The first question is I don't understand about bonds too much, except that I think we're supposed to vote on them, so what I'm asking is has this bond issue been voted on yet, or are the voters to vote on it? Vice Chairman Sanchez: By the voters. Chairman Gonzalez: The voters don't have to vote on it. Mr. Spring: If you will allow me, this is a special obligation bond issuance, and it does not require a voter referendum -- City ofMiami Page 75 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. West: So there's no --? Mr. Spring: -- because it is not backed by ad valorem taxes. Ms. West: OK, so this bond is paid back by the operating --? Mr. Spring: This -- no, no. This bond is backed by the commitment of local option gas tax revenues, the 20 percent of the parking surcharge revenue, and the 80 percent of the PTP (People's Transportation Plan) surtax, transportation surtax, all in which cases are required to be reinvested into streets, transportation -related capital expenditures. Ms. West: OK. I'm just -- Chairman Gonzalez: All right. Ms. West: -- wondering where the money's comingfrom. Thank you. Commissioner Sarnoff It's not comingfrom us. Chairman Gonzalez: Anyone else from the public? Seeing none, hearing none -- there wasn't a public hearing, but anyways, people have the right to ask and be concern. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right, so we have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Ms. Thompson: Chair. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Just to make sure that -- for the record, this is being approved as modified? Mr. Spring: Correct. Vice Chairman Sanchez: Yes, ma'am. Chairman Gonzalez: As modified Ms. Thompson: Thank you. Vice Chairman Sanchez: Twenty five million dollars -- Chairman Gonzalez: Twenty five million dollars. Vice Chairman Sanchez: -- five million per district. RE.8 07-00774 RESOLUTION City ofMiami Page 76 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Department of Finance A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA TO ISSUE LIMITED AD VALOREM TAX BONDS IN THE EXPECTED MAXIMUM PRINCIPAL AMOUNT OF FIFTY MILLION DOLLARS ($50,000,000), IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH LIMITED AD VALOREM TAX BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS BY THE CITY MANAGER AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 07-00774 Legislation .pdf 07-00774 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0354 Larry Spring (Chief Financial Officer): Mr. Chair, ifyou will indulge me. Can we consider RE. 6 and RE.8 at this point, because I do have my underwriting team, bond counsel here, and we've been waiting to hear that item? Chairman Gonzalez: OK. Vice Chairman Sanchez: RE.6? Mr. Spring: Yes. Chairman Gonzalez: All right. I'm going to make the exception, but you know -- Mr. Spring: If -- no. I'll -- Vice Chairman Sanchez: No. We deferred that. Chairman Gonzalez: -- don't start getting used to this because, you know, you have me jumping all over the agenda. Vice Chairman Sanchez: Well, are we -- but are we breaking --? I mean, I'm OK with the refinance. I mean -- elaborate a little bit on it. Chairman Gonzalez: What are these --? Intend to issue a special obligation bond of $50 million. For what? Mr. Spring: It's the same -- it is the same type of resolution, but for the home -- the next tranche of the homeland defense bond issuance. I think Commissioner Sanchez is -- Chairman Gonzalez: So -- City ofMiami Page 77 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Spring: -- not -- well -- Chairman Gonzalez: --I be clear. Mr. Spring: OK. Vice Chairman Sanchez: No, no, no, no. Chairman Gonzalez: So these are $50 million from the bond issue that the public approve on a ballot? Mr. Spring: Yes. This would the same type of resolution that you just passed for the streets bond, but for the homeland defense bonds that the voters approved. Chairman Gonzalez: Approved, OK. All right. I have no problem with that. Vice Chairman Sanchez: OK. I don't have a problem with that one either. Chairman Gonzalez: Yeah. [Later..] Chairman Gonzalez: OK. RE.8. Mr. Spring: RE.8 is the intent resolution that we just spoke about for the item that you just approved. Chairman Gonzalez: That's the same $50 million that we -- Mr. Spring: Yes, it's the -- Chairman Gonzalez: -- were talking about -- Mr. Spring: -- exact same -- Chairman Gonzalez: -- for a half an hour ago? Mr. Spring: Yes, yes. Commissioner Sarnoff I make a motion to approve RE.8. Chairman Gonzalez: We have a motion on RE.8. Is there a second? Is there a second on RE. 8? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Yes. Chairman Gonzalez: One no? One yes. City ofMiami Page 78 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Yeah, I will. Chairman Gonzalez: OK. Priscilla A. Thompson (City Clerk): IfI might, Chair. With your permission, I want to make sure to make your record clear to find out if it's all right for the Commission if we combine the discussion on RE. 6 and -- Chairman Gonzalez: Yes. Ms. Thompson: -- RE.8? Chairman Gonzalez: Yes. Ms. Thompson: Because it all ran together, and we'll show separate votes. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Thank you. Chairman Gonzalez: You're welcome. Mr. Spring: Thank you. RE.9 07-00439 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION URGING ALL COUNTY AND MUNICIPAL MAYORS OF THE STATE OF FLORIDA, TO SPONSOR INDIVIDUAL LEGISLATION ADDRESSED TO THE FLORIDA LEGISLATURE TO AMEND THE EXISTING FLORIDA STATUTE, CHAPTER 556, ENTITLED "UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY," SECTION 556.105, ENTITLED "PROCEDURES," TO REQUIRE EXCAVATORS AND/OR EXCAVATING CONTRACTORS TO REMOVE INVALID UTILITY MARKINGS FROM THE RIGHTS -OF -WAY UPON COMPLETION OF EXCAVATIONS AND/OR DEMOLITION WORK; FURTHER URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTE, CHAPTER 556, SECTION 556.107, ENTITLED "VIOLATIONS," TO ESTABLISH VIOLATIONS FOR EXCAVATORS AND/OR EXCAVATING CONTRACTORS THAT DO NOT REMOVE INVALID UTILITY MARKINGS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00439 Legislation .pdf 07-00439 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0360 Chairman Gonzalez: RE.9. City ofMiami Page 79 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.9 is a resolution urging county and municipal mayors of the state of Florida to sponsor individual legislation to require excavators to remove invalid utility markings from the right-of-way, and also requires procedures to address violations. Chairman Gonzalez: All right. Let me tell you. One issue -- this is one issue that I have been complaining a lot in my district, and I'm sure it's happening all over the City. All of these companies that go to do new installation of facilities or remove all facilities, they go in, they excavate the street, they do their work, and then what they do is they patch up, you know, and they do a lousy job on patching up, and that is something that you need to address with these companies or the County or whatever -- whoever it is. Miami -Dade County Water and Sewer, those are the worst of the worst. I'm going to tell you specifically, on Northwest 34th Avenue between 14 Street and 17 Street, they went in two times; they excavated the street; they did whatever they were doing with their pipes, installing new pipes, and then they patch it up, and what they did was a total mess, OK, to the extent that now we have to go back ourselves, the City ofMiami, and do a complete milling and resurfacing, and that's the street that I've been talking to you, Mr. Manager, because the neighbors are -- keep complaining, and they are right, they are right. Another problem that we have is that we do a new street, and we complete our project, and maybe, a month later, you see people excavating what we just did. They go in, they do their work, and then they patch it up and leave it like it is, you know, so you -- we need to address that. How we're going to address it, I don't know, but we -- you need to address it with the County. Pedro G. Hernandez (City Manager): Commissioners, I believe that we have -- you know, on the streets that we have done, we have a moratorium -- I don't know whether it's -- Ms. Grindell: It's five years. Mr. Hernandez: -- five years. Ms. Grindell: If the street has been repaved in the last five years, then it requires full restoration of the entire street. If it has not been repaved, then it's just certain portions of the work, but will say that the utility company that we have the most difficulty with is WASA (Water and Sewage Authority), and that's because they perform a temporary patch, and -- Chairman Gonzalez: I know. Ms. Grindell: -- then the Public Works Department comes back a year or two later, when they have their miscellaneous contract, and then they correct it properly. Chairman Gonzalez: But for one or two years, the street look like a mess. Vice Chairman Sanchez: But also on that note, I think that the -- this resolution also focuses on marking, and -- Ms. Grindell: This particular one -- Vice Chairman Sanchez: Yeah. Ms. Grindell: -- just has to do with removal of the markings because by law, the markingss have to stay for at least 21 days, but what happens is the work is done and they leave and they leave the marks there -- Vice Chairman Sanchez: Exactly. City ofMiami Page 80 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. Grindell: -- and we cannot remove them unless we're positive that the work has been completed -- Chairman Gonzalez: Right. Ms. Grindell: -- or that it may -- it could be for something else, so this is to change a statute -- the Florida Statute so that those companies have to come back and remove those markings, and if they don't, they're fined Vice Chairman Sanchez: OK, and I'm sure that you've seen it citywide everywhere where they go in -- Ms. Grindell: It's citywide. Vice Chairman Sanchez: -- on a project; they mark it with that paint, which it should be like, you know -- Ms. Grindell: It's actually a statewide issue. Vice Chairman Sanchez: Right -- within certain time, that paint should just go away by itself but they go out -- Ms. Grindell: It's supposed to go away in 21 days -- Vice Chairman Sanchez: But it doesn't -- Ms. Grindell: -- but it does not. Chairman Gonzalez: No. Vice Chairman Sanchez: -- and you go out there and you see how they mark the entire street, and it's just something that we need to address. Chairman Gonzalez: The streets and even sidewalks. Vice Chairman Sanchez: Sidewalks, everything, yeah. Commissioner Regalado: So -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- what would happen if we just pass this ordinance about fencing -- Commissioner Sarnoff It's a resolution. Commissioner Regalado: -- the new construction, which I think is fine because it bothers the -- their neighbor with the dog, and the problem -- and construction debris? What would happen to those people who would not comply? Will they be fine or prosecuted or something? Ms. Grindell: Regarding the fencing? Commissioner Regalado: Yes. City ofMiami Page 81 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Are we --? What issue are we on? Ms. Grindell: We're on utility marking. Commissioner Regalado: I'm asking a question. Julie O. Bru (Deputy City Attorney): Commissioner, any violation of a City Code provision would be a Code violation. Commissioner Regalado: Exactly. OK, so we just pass an ordinance that would strongly prosecute and -- those violators. Now, what do we do to WASA? Because it's a health and safety problem, and I'll tell you why. In front of 2930 Southwest 16 Terrace, the City did a $9 million project from 24th to 32nd, repaving, curbs, then WASA comes, digs a hole, do whatever they had to do; they leave one of those metal plates. One of that -- one of those plates jump and broke a car. It was WASA. My question is what do we do to WASA? Mr. Hernandez: Commissioner, in those cases -- Commissioner Regalado: Nothing, and that's my point, so we are going after the people that are doing the new construction with passion, but we don't do anything against WASA. Ms. Grindell: Well, the plates are supposed to be secured. If that popped -- Commissioner Regalado: But it wasn't. Ms. Grindell: -- off then it wasn't -- Commissioner Regalado: But it wasn't. Ms. Grindell: -- and that's a -- and then that's a failing in the -- Chairman Gonzalez: Yeah. Commissioner Regalado: But it wasn't -- Ms. Grindell: -- Public Works Department. Commissioner Regalado: -- so -- but it wasn't, and that's the point. Mr. Hernandez: Commissioner, even though -- Chairman Gonzalez: All right. Mr. Hernandez: -- it's WASA, they still need to get a permit from the City to do work in our right-of-way, so I think that there are ways for us to exercise some -- you know, put some force to it, show some teeth -- Vice Chairman Sanchez: Leverage. Mr. Hernandez: -- in dealing with them, no question. They need permits from us to work in our road. Commissioner Regalado: But whoever gave that permit had false teeth -- City ofMiami Page 82 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Right. Commissioner Regalado: -- because the car was damaged, and some people may have been injured. It could have been an accident. Ms. Grindell: The only leverage we have right now is to withhold permits. Commissioner Regalado: OK. Ms. Grindell: We can't even cite them. Commissioner Regalado: OK. Chairman Gonzalez: Well, but you can establish conditions on their permit -- Ms. Grindell: Correct. Chairman Gonzalez: -- and make them comply -- Ms. Grindell: Correct, which -- Chairman Gonzalez: -- you know. Ms. Grindell: -- we have those conditions. Chairman Gonzalez: All right. Is there a motion on RE.9? Commissioner Sarnoff I'll so move. Chairman Gonzalez: There is a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. RE.10 07-00773 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Employee RATIFYING THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE Relations CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79 (SOLID WASTE), AFSCME, AFL-CIO, LOCAL 871, FOR THE PERIODS OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2007 AND OCTOBER 1, 2007 THROUGH SEPTEMBER 20, 2010. 07-00773 Legislation .pdf 07-00773 Exhibit 1 .pdf 07-00773 Exhibit 2 .pdf 07-00773 Summary Form.pdf Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 83 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 R-07-0346 Direction by Commissioner Spence -Jones to the City Manager to ensure that the Solid Waste shower facilities will be upgraded from their current deplorable condition. Chairman Gonzalez: Mr. Manager, you want to take the union contract, the Solid Waste contract? Pedro G. Hernandez (City Manager): Yes, Mr. Chairman. If you allow me -- Chairman Gonzalez: Yes, sir. Go ahead. Mr. Hernandez: -- this is the Solid Waste Union contract. It is the last of the union contracts that we're dealing with. As you know, we have done the AFSCME (American Federal, State, County, andMunicipal Employees) general employees; we have done Police, Fire, and today, I'm proud to say that our staff together with the union representatives, you know, President Joe Simmons, were able to reach an agreement, and we have a contract before you, a contract that I would say is quite improved over the one that they had before. There were some, I would say, deficiencies in that contract that affected the employees, andl think that working with Mr. Simmons, we have taken care of many of those concerns, and I'm very happy to be here and to say that, thank you, Joe, thank you to the union, and thank you to my staff that worked on it. Chairman Gonzalez: All right. Yes, sir. Hector Mirabile (Deputy Director, Employee Relations): Well, sir, at this moment, with the pleasure of the Commission and the Manager, I'd like to place some essential items on the record as to the union contract with our AFSCME 871 Local, also known as our sanitation union members, as to the benefits that they derived from the extraordinarily pleasant negotiations that Mr. Joe Simmons, as the president, and ourselves had, with your permission, Mr. Chair. Chairman Gonzalez: Go ahead. Mr. Mirable: The various changes that were made through this contract were extensive. The benefits that they derived were deserving on their part. They had not been provided these types of benefits for a period of a long time, and we brought them up to a level that is consistent with the general area in the tri-county area of what they deserve. First we started off with disciplinary procedures, where employees may need -- may be immediately relieved of duty, they will be relieved of duty, but instead of not being compensated while they're being relieved of duty pending an investigation, now they will be put on administrative leave and compensated accordingly, until the investigation is over with. The most important portion, obviously, is the wages, and in the wages, the union received a retroactive, for a period of three years, two percent for each year. Additionally, there is a restructure that took place, and we did a restructure similar to the other unions, but with theirs, there was significant increases in the restructure to a total of an additional 15 percent in the life of the two contracts, and that's significant gain on their part, but they deserved it. They are very hardworking individuals, and we needed to bring them up to par with the rest of the sanitation community. Line of duty injuries. They are currently under the Chapter 440, as we all are, but additionally, they were only receiving a supplemental salary increase up to 70 percent of your general wages. They are now increased to 80 percent, which is consistent with the AFSCME general employees of the City ofMiami. The working out of classification article, it was improved considerably, giving them greater -- giving greater benefits to the union members when they're working out of classification, instead of the very dogmatic approach that was used previously. The sick leaves greatly enhanced. That way -- the -- they're given incentive not to use the sick leave, and at the same time, provide them with some financial sustainment as they leave the City ofMiami, which City ofMiami Page 84 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 we increased from 600 up to 750 hours, their maximum cap, whereby they can leave and cash out at their current rate of pay, and anything above that would be 50 percent of such 750 hours, and they do have the ability to transfer those in excess of 750 over to vacation should they want to. Significant change also was on the substance abuse and alcohol personal screening. When these individuals would get into an accident, according to state law, they would have to go under -- if they have a CDL (Commercial Driver's License), they would go under the automatic testing for alcohol or substance abuse. The unfortunate aspect of this is what the previous contract had is that they would have to use their own personal time in order to go through this. Whether they're guilty or not of the accident, they would have to do it, and then pending the review of this is when they would get back -- either their time is reimbursed or not, so now that's changed. They will be placed in administrative leave. They will not have to use their own personal time, and then pending the results of the toxicology report is when the progressive discipline would kick in, which leads on to the other aspect of the changes. We included a progressive discipline aspect in the articles because they didn't particularly have one that was coded, and now it is. These are the significant changes that occurred throughout their contract, and I'm very pleased to report that the -- they have a very good contract. I would like to, first of all, thank -- Mr. Manager, thank you for giving me the opportunity to negotiate this, thank the teams, and especially, the one that keeps running away from us here, Michelle Pina. She was in it; took a part of the negotiations, and the rest of the other negotiating members for the various other unions. It was a pleasure working with them, and also, our City Attorney, who is -- who did great diligence in expediting all of the reviews. Thank you, sir. Chairman Gonzalez: Thank you. Joe, good morning. Joe Simmons: Joe Simmons, 1798 Northwest 57th Street, president, AFSCME Local 871. It's been a process that we basically have been very patient with the City and through the changes of all our negotiators. We believe that we're comfortable with the changes that are being take -- that are being proffered today, and we're in agreement. We thank your patience going through this process. I want to give special consideration to the Man -- to Hector Mirabile, through the Manager's Office, as well as our negotiating team, the director, and of all of the officials. This basically will put us in line with, you know, like you said, the tri-county area. Basically, our men and wom -- members of the Sanitation Department will be compensated fairly due to the fact that they provide great service to the residents ofMiami, and we want to continue providing that great service to Miami residents. Thank you. Chairman Gonzalez: Very well. Well, I just notice -- I just passed the gavel to the Vice Chair because I would like to have the honor to move the ratification of this contract by the City Commission. Vice Chairman Sanchez: Mr. Chairman -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- you are recognized for a move for the record, second by Commissioner Spence -Jones. The item is under discussion, and Mr. Chairman, you're recognized for discussion. Chairman Gonzalez: Yeah. I just want to say that I thank the Administration for finally achieving a contract, well needed contract by the Solid Waste workers. We ought to be proud of the work that these men and women do in our city. No matter if it's raining or lighting, or we have a storm, or we have a hurricane, they are out there, with the exception, I believe, of two days a year. They are there to clean our city and to pick up our trash and our garbage, and believe that they do a tremendous, tremendous job in our city, and they are to be commended, and it's nothing more fair than providing them with a good contract, andl commend you, Mr. City ofMiami Page 85 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mirabile, and Michelle, and all ofyou that work in this contract and that solve some of the issues that were affecting them very bad. When you brief me and you told me, you know, all of those points that you just mentioned, benefits that they were lacking for years and years and years, I was really shock. I mean, you know, I don't know how no one else picked that up before and remedied that because it was totally, totally unfair, so I'm glad that we cure those deficiency, and that we are providing them with a good contract, with good benefits, and they have -- finally, they have a decent contract. They're going to have their increases, which they merit and they deserve for their work, so I'm very pleased. I'm very pleased to have made a motion to have this Commission ratify this contract, and Mr. Manager, I want to also thank you. Mr. Hernandez: Thank you, Mr. Chairman. Vice Chairman Sanchez: Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Thank you, Mr. Chair. First of all, I want to say a special thanks to the City Manager, Michelle Pina -- I always forget the City Attorney, but just for sticking in there not just on this contract, on all the contracts. Your ability to actually get them done really needs to be commended, andl really wanted to at least publicly, once again, acknowledge you for that. Like the Chairman stated, when I got briefed on this whole issue of what's happening or what has happened to the Solid Waste workers, it's shameful how they were treated compared to the other departments. As you know, I've been a strong supporter -- and Joe's dressed up today, so I know he's happy today; got a suit on today, but just the struggle that they've had to be treated fairly and equally to everybody else. To see them finally getting some justice and getting what they deserve is very, very important. That department, of course you know the majority of the folks working in that department are African Americans, and they've been working there for a very long time, and really felt as though there -- no one was really listening to what their needs were, so I'm glad to see that you guys were able to have or get some of the things that you deserved to have through the contract. I got a chance to ride with you one morning at 5 o'clock in the morning on a route because I really wanted to see, you know, what you deal with every single day, and believe me, I couldn't do it, and to deal just with their routes and picking up trash, and just dealing with everything that they have to deal with in the hot sun and -- they need -- I mean, they're the lifeline or the backbones of our communities, and what we don't realize, if they don't pick up the trash, we got a big issue happening in the City ofMiami, so we got to take care of them, so I am extremely excited and ecstatic about them getting their contract done, andl will continue to work and fight for the Solid Waste workers to make sure they get their due justice. I just want to make sure that we also put this on the record. It's a happy day for you, so I don't want to rain on it, but I do want to remind the City Manager -- there were only two things thatl really asked for you to work very hard on, which, one, you've already accomplished which was making sure that their contracts get done, but the other part of that, which came before you got there, which is making sure that their current facility in which they operate in, meaning where they have to take showers and prepare to go out or come back in -- the area itself was deplorable, and I'm not sure whether or not that has been handled as of yet or is being worked on. Mr. Hernandez: Commissioner, that hasn't been done yet. It has been designed; it has been planned, and construction is supposed to be underway some time in August of this year. Commissioner Spence -Jones: OK, so that's one down and one more to go, but -- Mr. Hernandez: Yeah. Commissioner Spence -Jones: -- I really appreciate the Administration staying on top of that because if no one needs to take a shower in the City ofMiami, we know at least the garbage workers need to be able to take a shower. They should have the best showers more so than any City ofMiami Page 86 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 other department because when they come after -- come back in after a route, they should be able to take a clean, decent shower, so I just wanted to make sure that that is still on -- Mr. Hernandez: Our highest priority right now is Solid Waste. Commissioner Spence -Jones: No problem. Thankyou, Joe, and thank you, staff. Vice Chairman Sanchez: Commissioner -- Mr. Simmons: Thankyou, Commissioners. Vice Chairman Sanchez: -- Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. Whenever there is a holiday, a long weekend, you read in the paper, two or three days before, the list of the places that will be closed and open, and it says "garbage pickup," and then you see "Unincorporated Miami -Dade, no pickup; City of Coral Gables, no pickup," and you always see "Miami, regular pickup." We take for granted this, and you know, you guys are out there. You know, I -- my first visit ever when I was elected was at 6 a.m. -- Mr. Simmons: Yes. Commissioner Regalado: -- when you were -- in 1996, when you guys left with the trucks, and it's been, for me, a very good learning experience to know what you do and what your needs are. This time we got it right -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- hopefully, and we have to thank Hector Mirabile and Michelle Piha because on this union, they were not adversaries. They were helping, and it is important to understand for the future that that's the way that we should work with the employees, so thank you, Michelle; thank you, Hector, City Manager, and you guys, thank you. Mr. Simmons: Thank you. Vice Chairman Sanchez: All right. Gerard Sinese: Thank you, too, Commissioner. Commissioner Sarnoff Let me just congratulate you on your contract. Vice Chairman Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Thank you, Mr. Chairman. Having lived in New York City during the Lindsay Administration, and having learned what a garbage strike can look like, that's something that, if you all want to research that weren't around, you can see who can win that one. The City ofMi -- the City of New York did not have its garbage picked up for a month and a half, and you can imagine what that looked like. Mr. Simmons: Oh, yeah. Commissioner Sarnoff It's good to see we never got to that level here. Congratulations. Mr. Simmons: Thank you. City ofMiami Page 87 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: All right. I believe you wanted to speak, sir. Would you like --? Yes. Mr. Sinese: I thank you all for that contract because we been waiting so long where we been suffering bad time. We thank God we have (UNINTELLIGIBLE) for the contract. Thank you to you all, Commissioner. Thank you to Mr. Hector. I'd like to say thank you again. Priscilla A. Thompson (City Clerk): I need a name for the record, please. Mr. Sinese: Gerard Sinese, assistant president. Ms. Thompson: Thank you. Vice Chairman Sanchez: I think -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- when we focus on one word here is fairness, and it's a word that's very high in my words of list, besides opportunity. Fairness. This is the best contract that you've gotten -- that you've ever gotten in the history ofMiami, and you should be very proud. Your members should be very proud of the representation. The members should be very proud of who they work for, and the members should be very proud that this was a unified force of people coming together to sit at the table to find solutions to problems, which I think that is our strength here in the City is being able to have many differences,which we do, as municipal government, but still, we're able to put, at times, our differences aside and do what's right for this city, and today, we've done that; not only what's right for this city, but what's right for the most hardworking people that represent the City, so I am very proud to be a Commissioner here today, and there's no -- we need no applause for that. There's been motions, andl think we could move this and make -- take a vote on it and move forward in the City ofMiami. It's a great day for the City ofMiami when we're able to work out all the contracts, thanks to the leadership, so having said that, 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 -- and there's going to be none -- say "nay." Chairman Gonzalez: Nay. Vice Chairman Sanchez: It passes unanimously. Thank you. Congratulations. Chairman Gonzalez: All right. Mr. Simmons: Excuse me, Mr. Chairman. Is this effective today, or do we have to wait the ten days for the Mayor to sign it? Vice Chairman Sanchez: Listen, you know, next time -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- we see you, I want to see you with a tie on, OK? You're the president now. You're the president now. Chairman Gonzalez: All right. City ofMiami Page 88 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 RE.11 07-00775 Department of Capital Improvement Programs/Transpo rtation Vice Chairman Sanchez: All right. Mr. Simmons: I want to introduce our negotiating committee. This is Gerard Sinese; he's the vice president; our recording secretary, Mr. James Dixon; Mr. Aurelius Dorville, our secretary/treasurer; and Mr. Clifford Hosendorf (phonetic), our executive board member; our attorney, Manny Anon, former assistant city attorney; and Josephine LaBeau, our counsel -- director, Region 5. Vice Chairman Sanchez: All right. The -- Chairman Gonzalez: Thank you. Vice Chairman Sanchez: -- gavel is back to the Chair. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY -FUNDED JOINT PARTICIPATION AGREEMENT, AN ESCROW AGREEMENT AND A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CONSTRUCTION OF CERTAIN ROADWAY ENHANCEMENTS ALONG BISCAYNE BOULEVARD, MIAMI, FLORIDA, INCLUDING NON-STANDARD SIDEWALK TREATMENTS AND MEDIAN LANDSCAPE UPLIGHTING, AS PART OF FUTURE FDOT LANDSCAPE PROJECTS ALONG BISCAYNE BOULEVARD FROM NORTHEAST 5TH STREET TO NORTHEAST 87TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS, FOR THE CITY OF MIAMI'S REQUIRED CONTRIBUTION, IN THE AMOUNT OF $298,000, FROM CAPITAL IMPROVEMENT PROJECT B-30564. 07-00775 Legislation .pdf 07-00775 Exhibit 1 .pdf 07-00775 Exhibit 2 .pdf 07-00775 Exhibit 3 .pdf 07-00775 Exhibit 4 .pdf 07-00775 Exhibit 5 .pdf 07-00775 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0361 Chairman Gonzalez: RE.10. I'm sorry, RE.11. Mary Conway: Mary Conway, chief of Operation [sic]. RE.11 is a resolution authorizing the City Manager to enter into a joint participation agreement with the Florida Department of Transportation in the amount of $298, 000. This is a City contribution to fund enhancements along the Biscayne Boulevard corridor, including median up -lighting in the one section of Biscayne that actually has a median, with date palms, as well as specialty treatments in the MiMo (Miami Modern) Historic District, sidewalk treatments, and special tree grates. City ofMiami Page 89 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: All right. Is there a motion on RE.1 -- 11 ? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is -- Commissioner Sarnoff I'll so move. Chairman Gonzalez: -- a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. RE.12 07-00776 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Planning AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, REGARDING MIAMI INTERNATIONAL AIRPORT (WILCOX FIELD) ZONING. 07-00776 Legislation .pdf 07-00776 Exhibit .pdf 07-00776 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0362 Chairman Gonzalez: Having said that, we're ready to go with -- andl would like to take RE.12. I'm going to take that item out of order, but there's some people that have been here since 9 o'clock this morning waiting for this item, so RE.12. Anyone from the Administration that can put something on the record in reference to RE.12? Jorge L. Fernandez (City Attorney): Department of Planning. Chairman Gonzalez: Anyone from the Department of Planning? Larry Spring (Chief Financial Officer): Commissioner, if you -- Chairman Gonzalez: Wake up, wake up. The Commission already started. Staff. Mr. Spring: Commissioner -- Chairman Gonzalez: Yes? Mr. Spring: -- if you want to go ahead and proceed with the next item, until we identify the staff because they don't seem to be -- Chairman Gonzalez: Well, I was asked to bring RE.12 -- Mr. Spring: The -- 12 back. City ofMiami Page 90 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: -- as the first item, so all right. We don't have anybody from staff that can speak on this item? All right. Well -- OK. Mr. Fernandez: Actually, I could -- [Later..] Chairman Gonzalez: RE.12. Orlando Toledo (Senior Director, Building, Planning & Zoning): This is a resolution authorizing the City Manager to execute an interlocal agreement with Miami -Dade County Aviation in regards to building heights, and if you have any questions, we have people from Miami -Dade County airport here. Chairman Gonzalez: Is there a motion on the item? Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Nina West: Is this a public hearing? Chairman Gonzalez: I'm sorry. This is not a public hearing. It's resolution, but I'm going to allow -- Ms. West: Well, I have questions -- Chairman Gonzalez: -- you to speak because -- Ms. West: -- because they're asking to raise the ceiling to over a thousand feet. Is that downtown? Mr. Toledo: That is downtown, yes. Ms. West: OK, and then what does the FAA (Federal Aviation Administration) say about that? Because I was at a meeting at one time, some two years ago, where the expert from the FAA came in and said, you have to be very careful where you do this because as weather changes and landing patterns change when you're eliminating -- if you watch the way the planes come in and out, it comes right out over downtown, so then are we moving the traffic over the residential buildings up town and down south, are we causing a hazard, and is there a report from the FAA that says that this is a good idea? Pedro G. Hernandez (City Manager): The -- Orlando -- Ms. West: And also, we don't even need it because there's no building right now. Mr. Hernandez: -- the proposed item that you have before you is basically the result of studies, discussions between the County, the City, and the FAA -- City ofMiami Page 91 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 RE.13 07-00438B Office of the City Attorney Chairman Gonzalez: Right. Mr. Hernandez: -- and what we have there now is the maximum that the FAA would allow. We would never propose something without their input, as they have the final say-so on it. Chairman Gonzalez: All right. There is a motion. There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A CITIZENS' BILL OF RIGHTS; PROVIDING THAT THE AMENDED CHARTER MAY BE REORGANIZED AND RENUMBERED; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. 07-00438B Legislation.pdf 07-00438B Exhibit .pdf 07-00438B Cover Memo.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to defer item RE.13 to the City Commission meeting currently scheduled for September 13, 2007. Chairman Gonzalez: RE.13. Commissioner Sarnoff (UNINTELLIGIBLE) do you want me to speak on this? Chairman Gonzalez: Anyone on RE.13? Commissioner Sarnoff This is where I ask that a citizen's bill of rights be placed on the November agenda. I think what we've learned, Mr. Chairman, is that as a result of the -- what the Florida Legislature is going to do, is they're intending to have a general election -- or special election, I should say -- Chairman Gonzalez: In January, I believe. City ofMiami Page 92 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff -- in January. It would cost us $289, 000 to have it in November -- Commissioner Regalado: No. It changed. Commissioner Sarnoff It did? Commissioner Regalado: Yeah, because the January 29 is a presidential primary -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- so independents cannot vote. It's only Democrats or Republican, so what I think they're suggesting is to do it in the general election statewide in November. We -- Chairman Gonzalez: 2008? Commissioner Regalado: -- will know this today, however. Chairman Gonzalez: 2008? Commissioner Regalado: No, no. Vice Chairman Sanchez: But has that been confirmed in Tallahassee? Commissioner Regalado: I think it's 2008. Chairman Gonzalez: 2008. Commissioner Regalado: Yes -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- so you still can place it on the general, and people -- Commissioner Sarnoff For 2008, you're saying? Commissioner Regalado: No. Commissioner Sarnoff For -- Commissioner Regalado: On -- no, no. Commissioner Sarnoff -- November? Commissioner Regalado: I'm saying that you still -- Vice Chairman Sanchez: Wait. Commissioner Regalado: -- can place it in January because there is a presidential election. Chairman Gonzalez: The only people that won't be able to -- Commissioner Regalado: The only thing is that -- Commissioner Sarnoff And -- City ofMiami Page 93 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: -- we need to educate the independents in the City ofMiami to go out and vote. Chairman Gonzalez: Those will be the only people that won't be able to vote -- Vice Chairman Sanchez: And -- Chairman Gonzalez: -- independent. Vice Chairman Sanchez: -- I think the only issue here is that we don't want to spend that two hundred and some thousand dollars maybe. Commissioner Sarnoff Well, right. I didn't want to make us incur something when I was under the impression we could do it in January. Vice Chairman Sanchez: Right. Commissioner Sarnoff Right. Commissioner Regalado: No. I think that we should do it in January. Commissioner Sarnoff Right. Commissioner Regalado: That's whatl think. Commissioner Sarnoff So can we make the resolution that we be held in -- I guess we should -- you know what? Commissioner Regalado: January 29. Commissioner Sarnoff Maybe we should continue this till we learn the date of the -- Chairman Gonzalez: Continue, yeah. Commissioner Sarnoff -- when we learn the date of the special election. Chairman Gonzalez: The date, and maybe from here to there, you want to modin, something or something like that. Vice Chairman Sanchez: Second for a continuation. Chairman Gonzalez: All right. Continue indefinitely. All right. Julie O. Bru (Deputy City Attorney): May I suggest, Mr. Chairman, that we continue it to October? Because if we're planning to do an election in January, is -- Commissioner Regalado: No. Ms. Bru: -- what I'm hearing -- Vice Chairman Sanchez: No. No, no -- Ms. Bru: No? City ofMiami Page 94 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: -- no, no. Commissioner Regalado: You need to work from November. Ms. Bru: Backwards. Chairman Gonzalez: We're not planning -- Ms. Bru: It would be -- Chairman Gonzalez: -- on -- Commissioner Regalado: You need to work backwards, including November -- Chairman Gonzalez: Right. Priscilla A. Thompson (City Clerk): Actually -- Commissioner Regalado: -- because you don't know. Ms. Bru: Oh. Ms. Thompson: Actually, Chair and members, according to the schedule that we received from the Dade County of Elections, if we want to do it January 29, we can actually -- 120 days would be your October 11 or 25th -- Vice Chairman Sanchez: I'm OK with that. Ms. Thompson: -- meeting, and your 60-day would be your November 8, and because we don't know what's happening till the 22nd, you may want to do it by November 8. Ms. Bru: Right. Chairman Gonzalez: By November 8. Ms. Thompson: No later than, so -- Commissioner Sarnoff Why don't we do it in the last October meeting? Ms. Thompson: It's entirely up to you, but that's -- Ms. Bru: Right, so -- Ms. Thompson: -- your window, 180 -- Ms. Bru: -- I -- Ms. Thompson: -- 60 -- Commissioner Sarnoff Right. Ms. Thompson: -- to 180 days. City ofMiami Page 95 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. Bru: -- suggest we bring it -- Commissioner Sarnoff Why don't we -- in case we make a mistake or we have a full agenda, why don't we give ourselves an extra meeting? So why don't we do it the last meeting in October? Ms. Bru: October. Ms. Thompson: That would be your P&Z (Planning & Zoning) for October 25. Commissioner Sarnoff Why don't we do it for the first meeting in October? Ms. Bru: Right. Ms. Thompson: That'll -- Commissioner Regalado: Of course. Ms. Thompson: -- be October 11, 2007. Commissioner Regalado: That's easy. Commissioner Sarnoff OK. Vice Chairman Sanchez: Remember to take into consideration a very important factor is the language. Commissioner Sarnoff The -- Vice Chairman Sanchez: The wording. Chairman Gonzalez: All right, so the item is continued until October? Commissioner Sarnoff Well, I want to understand what Commissioner Sanchez is saying, take into account the language. When do we approve the language? Ms. Bru: The language would be approved when we bring it back in October, but by then, we really should have had all the discussions as to what the -- Chairman Gonzalez: Of course. Ms. Bru: -- amendment would contain, and so far -- Commissioner Sarnoff So can I make a request that we do this the first meeting in September so that we can hammer out language and everybody can go, I like this, I don't like this, I'm not prepared to support this, I am prepared to --? Can we bring this back for first meeting in September? Ms. Thompson: So we're deferring until September 13? Vice Chairman Sanchez: Yes. Commissioner Sarnoff That's good. City ofMiami Page 96 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. Bru: OK. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. Boards. Ms. Thompson: Can I get a vote, please? Commissioner Sarnoff Oh. All in favor. Ms. Thompson: A vote. Chairman Gonzalez: All right. Is there a motion? Ms. Thompson: We have -- Commissioner Sarnoff Yeah. It's to -- Chairman Gonzalez: Is there a --? Commissioner Sarnoff -- the motion is to table this until September 13, 2007. Chairman Gonzalez: All right. There is a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RE.14 07-00786 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Office RELATING TO THE PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT ("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT FOR THE PROJECT AMONG THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), MIAMI-DADE COUNTY, AND THE CITY OF MIAMI ("CITY"), WHICH PROVIDES FOR A FINANCIAL CONTRIBUTION FROM THE CITY OF $50 MILLION IN CASH PAYMENTS, TO BE FUNDED FROM ALL LEGALLY AVAILABLE SOURCES, AND $5 MILLION IN LAND RIGHTS/RIGHT-OF-WAY TO THE FDOT IN SUPPORT OF THE PROJECT. 07-00786 Legislation .pdf 07-00786 Exhibit .pdf 07-00786 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer items CA.10, RE.7, RE.14, RE.15, and DI1 to the City Commission meeting currently scheduled for July 10, 2007. City ofMiami Page 97 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 RE.15 07-00721 Department of Capital Improvement Programs/Transpo rtation RE.16 07-00426 Department of Capital Improvement Programs/Transpo rtation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF SCIENCE, INC., D/B/A MIAMI SCIENCE MUSEUM, TO SUPPORT THE DEVELOPMENT OF A NEW MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-78502 ENTITLED: "MIAMI SCIENCE 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 HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, FOR SAID PURPOSE. 07-00721 Legislation .pdf 07-00721 Exhibit .pdf 07-00721 Summary Form.pdf 07-00721 Letter .pdf 07-00721 Project Budget .pdf 07-00721 SCI Funding .pdf 07-00721 MIA SCI .pdf 07-00721 Text File Report.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer items CA.10, RE.7, RE.14, RE.15, and Dl1 to the City Commission meeting currently scheduled for July 10, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC., TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT PROJECT NO. B-78503 ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOLLOWING THE ISSUANCE OF SERIES II HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, FOR SAID PURPOSE. City ofMiami Page 98 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00426 Legislation .pdf 07-00426 Exhibit .pdf 07-00426 Summary Form.pdf 07-00426 Letter .pdf 07-00426 Project Cost .pdf 07-00426 MAM Park.pdf 07-00426 Text File Report .pdf 07-00426 Submittal Conditions to RE.16 SUB.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Sanchez Noes: 1 - Commissioner Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0347 Chairman Gonzalez: All right. Next item. We have a lot of persons here today for the museum -- Vice Chairman Sanchez: Want to take that up? Chairman Gonzalez: -- andl think I'm going to take that item now. Before I start taking regular items, let me, once again, establish the rules. Any speaker that is going to speak on any of the item will be allowed two minutes per speaker, so keep that in mind whenever you come to the mike. Madam City Clerk, we also will need to swear in the persons that are going to speak whenever it comes to -- right? We don't have to? Priscilla A. Thompson (City Clerk): I -- and I'll defer to the City Attorney. I don't think that, on this issue, we need to swear in, but I leave it up to her opinion. Julie O. Bru (Deputy City Attorney): On the disclosure? Chairman Gonzalez: Yeah. Ms. Bru: On the disclosure, the ordinance is in place to require that anybody that seeks to have an approval, that has a request, a petition of this board, would be required to disclose in writing anyone whom they've paid to either support or withhold objection to the item, so this applies to this item, yes. Ms. Thompson: Andl have no disclosures at this point in time having been submitted to our office. Chairman Gonzalez: I believe there will be no public hearing on this because it -- we'll see how it goes. Anyways, RE.16. Mr. Manager, RE. 16, fine arts museum facility at Bicentennial Park. Ola Aluko (Director, Capital Improvement Program): Thank you, Commissioner. This resolution, Commissioner, Mr. Manager, is a resolution authorizing a grant to the Miami Art Museum of Dade County Association to support the development of a new fine arts museum facility in the City ofMiami-owned Bicentennial Park, in the amount of $2 million; approved by referendum of the voters in November 2001, as specified in the project, the Homeland Defense/Neighborhood Improvement Bond Program, allocating said funds from the Capital Improvement Project B-78503, entitled "Miami Art Museum - Bicentennial Park." With that said, Mr. Manager, we're asking for approval on this. Chairman Gonzalez: All right. The district Commissioner, Commissioner Marc Sarnoff -- City ofMiami Page 99 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Aluko: I am sorry, Commissioner. Chairman Gonzalez: -- you have the floor, sir. Commissioner Sarnoff Let me -- if you don't mind, Mr. Manager, can we -- excuse me, Mr. Chair -- can we allow the public hearing on this, and then I'll make my comment? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Great suggestion. Chairman Gonzalez: Anyone from the public that wants to speak on this item, please come forward to be recognized. Terrence Riley: Hello. Chairman Gonzalez: All right. Mr. Riley: Terry Riley, director ofMiami Art Museum. Chairman Gonzalez: Madam City -- Mr. -- I'm sorry, Mr. Attorney, disclosure or whatever? Jorge L. Fernandez (City Attorney): Yes. There is a requirement that anyone appearing in front of the City Commission requiring any action on their behalf on the part of the Commission has to make a full disclosure. We read that in our statement. The City Clerk has the appropriate form that needs to be filled out and read into the record by the applicant before proceeding with the item. This is a new requirement -- or this is a new ordinance that has been enacted recently, and so we need the process of educating the public with regard to those requirements, but it is my opinion that anyone seeking any action from the Commission with regard to an application, a petition, or any action that would favor them, that they need to disclose their -- all the requirements of the form, and the City Clerk has that form available for them. Ms. Thompson: And my staff is bringing some out right now. Mr. Fernandez: All right, but the Chair may have -- may accede for them to begin their presentation and introduce the form some time during their presentation. Chairman Gonzalez: Let me ask a question. Is there anyone here in opposition to this item? We have some opposition. OK, very good. All right. Mr. Riley: Again, my name is Terry Riley. I'm the director of the Miami Art Museum. I had been led to believe that would be giving a report of sorts, a progress report on the building. I have no -- I've prepared one; it would be longer than two minutes. I have no problem going with whatever the Commissioners would appreciate. Chairman Gonzalez: Well, actually, it's two minutes per speaker, so -- Mr. Riley: OK. Chairman Gonzalez: -- you have two minutes. Mr. Riley: 171 make a couple of comments then about some of the issues that have been raised repeatedly, butt guess what could do is, in my two minutes, address myself to two questions City ofMiami Page 100 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 that have been in the public's mind recently. Why build two museums in Bicentennial Park, being one of them. For the record, the current site plan places the two museums on the north edge of the park, shielding it from 395. Eight acres is a set aside for landscaping, access roads, and paths, the public plaza, and the buildings themselves, which should be noted each have a footprint of only two acres. In other words, only four acres of the total 29 acres would be used for museum buildings. I agree with the consultant commissioned by the City ofMiami that a park the size of Bicentennial Park, without an attraction, such as the museums, will fail It will fail to overcome the current uses, and this is the opinion of ZHA Associates, the civic economist who analyzed the three proposed plans. I also agree with the museum's -- with the consultant's conclusion shared by many of the world over; that the museums in the park complement each other. This was a point raised again today in the Miami Herald in their editorial endorsing the project. The future of the park and the museums is going to be a project of the private sector. As we know, City funds, County funds, and State funds are not going to be largely available for this project. It's going to be the private citizens of the City who put these -- the museums and the park together, and in that spirit, all of us have to work together to make sure it happens. In reality, the museum will not be -- the museums will not be successful without a world -class park, and the park has no chance of success without the museums. Another question: Why doesn't the private sector pay for the science museum and the art museum themselves? Like virtually every new museum in the country, these two museums are public private partnerships, public bond issue in this case and private fundraising. Is that my time? Commissioner Sarnoff No. Chairman Gonzalez: No. Go ahead. Vice Chairman Sanchez: Go ahead. Mr. Riley: The new Museum ofModern Arts, the Denver Art Museum, the De Young Museum in San Francisco, are a few examples of recent projects that received public support in the form of gifts of land and capital for construction and for operating. Virtually every arts institution in Miami, large and small, the Rubell Family Collection, the Margulies warehouse, the Museum of Contemporary Art, MAM (Miami Art Museum), receives direct -- receives public support in the form of tax exemptions, direct grants, or other means. The reason cities contribute to these arts institutions is two fold They believe that it is important for their citizens to have access to culture; to experience the same things that wealthier people can enjoy privately, and it is a good investment for the community. The Arts and Economic Prosperity Report, just published by Americans for the Arts, documents $30 billion per year as local, state, and federal income and investment by those government agencies of only four billion; in other words, a seven to one return on their investment in the arts. Chairman Gonzalez: All right. Mr. Riley: There's 5.7 million full-time professionals in Miami -- Chairman Gonzalez: You're going to need to conclude. Mr. Riley: OK. Thank you. Chairman Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. City ofMiami Page 101 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: -- can I ask him a question, and that way, maybe we establish the debate? The issue that we're dealing here is $2 million -- Mr. Riley: Right. Commissioner Regalado: -- correct? But would you, with your experience, tell us how much do you think that the land where the museums are supposed to be built will cost if they were to be sold in the public --? Mr. Riley: Well, it's a slightly complicated question because if they were sold for private development, without height restrictions, they would be, indeed, many, many dozens of millions. If part of the park plan says that, well, the museums are going to go there and they can only be three stories in height, it's a very different thing, but in terms of the fair value of the land, if the City actually considered selling it -- which nobody, I think, is considering -- at the full value, I've heard $50 million. I've heard, perhaps, higher. Commissioner Regalado: Right, because it's prime land, waterfront, downtown. I think it's the only waterfront downtown land south of Manhattan that you have in the United States. Now you have sign a lease with the City for the land? Mr. Riley: Right now we're in the midst of a slightly complicated negotiation with the City, the County, our partner, Museum of Science, and the Miami Art Museum to come up with a memorandum of understanding that outlines the basic relationships between the entities. The -- in the past, MAM has been a County -owned building, and there's been discussions of a lease of the land to the County to build a County building. This is one formula that's under discussion. At the end of the lease, it's my understanding that the City Attorneys would like to see the building become City property, but that -- it -- again, this is something that's under discussion. Commissioner Regalado: So we don't know how many years --? Mr. Riley: The term of the lease -- we -- the museums were asking, both Science and Art -- for 99-year leases. That kind of a figure, which of course, would be renewable leases of a shorter term, but to convince our patrons that their hundred million dollars plus is going towards a significant and long-lasting contribution to the City, we both feel, both museums, that we need a long-term guarantee of the use of the building. Commissioner Regalado: So as of now, there's nothing in paper about lease? It's just a handshake. You can have -- Mr. Riley: No, no, no. Commissioner Regalado: -- Bicentennial -- Mr. Riley: There are drafts, and there have been drafts submitted to the various City officials who are participating in these discussions, but like other aspects of this project, it does come down to certain details, and the funding, the $2 million is funding all of planners, consultants, et cetera, who are in the midst of preparing this agreement. Commissioner Regalado: Mr. City Attorney -- Mr. Fernandez: Yes, sir. Commissioner Regalado: -- have we approved any lease? City ofMiami Page 102 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Fernandez: No, sir. Commissioner Regalado: So the lease has to be done with the County, with the museums -- Mr. Fernandez: Right. Commissioner Regalado: -- is that --? Mr. Fernandez: There have been preliminary talks. There have been a series of meetings, but as of today, there is nothing that is final, binding on the City, or on the County, or on the museums. Commissioner Regalado: So -- Mr. Fernandez: The answer to your question is that there is no lease today. Commissioner Regalado: -- we're giving the money before we have anything in paper, legal, so we don't know if they would be there or could be there? Mr. Fernandez: I can't answer that question, but it begs the question. Mr. Riley: Commissioner, in addition to the money that the City has forwarded in advance of a signed final agreement, my trustees have already raised $8 million in cash and have been spending this based on the belief that all parties, working together, are going to close this agreement at a certain point, but certainly, we have not held back-- and don't think you can hold back for that final agreement before you start planning because the agreement itself depends, to a certain extent, on what we are doing right now. Commissioner Regalado: OK, Mr. Chairman. I'll do more questions later. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I just wanted some clarity from -- just kind of feeding off of Commissioner Regalado for a minute. Mary and Mr. Manager, the City Attorney said he had -- at this present time, there's no lease or anything being put in place. Has there been any discussions at all with the County regarding whatever this partnership, relationship, whatever it's going to be with the County? Has a discussion -- have several discussions taken place regarding this project? Pedro G. Hernandez (City Manager): Commissioner, there have been extensive meetings with not only the County, but also Miami Art Museum representatives. The information that they need to provide is available. The County and the City have preliminary documents that we plan to move forward to our respective Commissions. I would say, probably, September, maybe sooner, we plan to do a term sheet. We plan to do the necessary -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- interlocal, the lease, et cetera. Commissioner Spence -Jones: OK, so -- and the reason or the justification -- Mr. Riley just mentioned that they've already raised $8 million already themselves, and that at -- Mr. Hernandez: That's -- yes. Commissioner Spence -Jones: -- this present time, they're using those dollars that -- out of their City ofMiami Page 103 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 $8 million to begin working on their project already, correct? Mr. Hernandez: Um -hum. Commissioner Spence -Jones: So my question becomes, what -- if we don't know the terms or we don't have a sense of where we are with the County, what is the rush now -- I'm just trying to understand -- to make this $2 million available if they already have money right now they have raised; $8 million already raised? They could go head [sic] and use what they have until you finalize the agreement. What happens if we get into the agreement and we realize that it's not really what we want to have? It's not like we've not had situations with the County that we have not been happy with once we've got into negotiations. Currently, we have that happening now, so what makes us understand or think or feel that that won't be the same? Mr. Hernandez: Well, on all these items, I would say that we're very, very close to agreements with the County. There is a lot of legalese, a lot of legal terms that have to be worked out. I understand that, yes, they have 8 million already raised in cash, and those are monies that I believe they plan to allocate towards the construction of the building, and they need -- Mr. Riley: Point of -- Mr. Hernandez: -- our support not only because of the cash value, but I think, of the good faith that it shows on the contract to allow them to continue to fund -raise and be successful in providing their match. Commissioner Spence -Jones: OK, and then my other question -- first of all, I want to thank Terry and the team from MAtvl for actually doing a community hearing in my neighborhood. I'm going to save all my comments until all of the presentations, but I do have a question before you leave. One of the big things that did come up during that discussion was the match, Mr. Manager, of the hundred million that the County has to put in that the -- excuse me, that they have to raise in order for them to draw down the dollars from the County. Now -- the hundred million dollars -- my question becomes -- I guess, for Mary or for the City Manager -- what strings do we have attached to our $2 million? Because it's not a match, obviously. That's not the case. We don't have to provide a match on our end. What strings do we have put in place if they don't raise the hundred million dollars that they're committing to raise? Do we just lose the $2 million? Mr. Hernandez: I want to have Mary provide more detail as to the, let's say, restrictions that we have on it. Mary Conway: Mary Conway, chief of Operations. Commissioner, the way that our interlocal is structured when they spend a million dollars, they request reimbursement to us for half a million dollars, so there is a match that's built into this $2 million. They spend money; we reimburse our 50 percent share of what they've spent, and they have to provide us detailed documentation, along with the invoice, before we'll pay our 50 percent reimbursement. Commissioner Spence -Jones: OK, and Mary, in closing -- and I'm going to turn it back to the Chairman -- how much money outside of the money, out of the 3.5 million ultimately that they'll receive from us, have we already spent in the park? Ms. Conway: We have spent the $750, 000 for Cooper Robertson to develop the comprehensive master plan for the park. Those are the only dollars that were expended. The balance of the 3.5 million goes to each of the two museums. Commissioner Spence -Jones: OK. All right, thank you. City ofMiami Page 104 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Riley: And just one point of clarification. Most of the $8 million has been spent over the last three years, in terms of producing the project to date. The private supporters have been fully committed to putting this money up front and not simply going to the City or going to the County for those initial dollars, so the -- there is, in effect, no $2 million floating around right now that would replace the City's contribution through the bond issue. Our -- my trustees have actually been putting up that money, and we've been sending it to make sure that the project starts correctly. Commissioner Regalado: Mary, a question. You just said that we spent the $3.5 million? Ms. Conway: Well, there was a total of 7 million in the bond -- Commissioner Regalado: Right. Ms. Conway: -- 3.5 million for each museum -- Commissioner Regalado: Right. Ms. Conway: -- and what we mutually agreed was that we would withdraw, in equal proportions from that 3.5 million, the money that was needed to fund the master plan for the entire site. Commissioner Regalado: We did not -- when we cancel some bond projects because other projects went over budget, you did not take any money from those monies allocated to the museums? Ms. Conway: No, we did not. Commissioner Regalado: And we did take money -- I mean, you did took money from other projects approve -- Ms. Conway: That had not -- Commissioner Regalado: -- by the voter. Ms. Conway: -- from projects that had not begun yet; that's correct. Commissioner Regalado: But the museum has not begun yet. Ms. Conway: The -- all of the initial planning efforts, design development efforts, have begun. Commissioner Regalado: I'm just trying to establish here that one of the issues that have been discussed is that this was approved by the voters, but the voters did approve other projects that were canceled because we need to move the money from what was allocated from those projects in order to finish those projects. I just want to -- for the people here to understand that. Ms. Conway: And the Manager and the CFO (Chief Financial Officer) have also committed that we remain committed to completing all of the projects that were there and to continuing to seek alternate fund sources so that we can complete all of the other projects that were referenced, that were affected by the reallocation. Commissioner Regalado: Thank you. City ofMiami Page 105 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: All right. Thank you. Next speaker. Ronald Frazier: My name is Ron Frazier. I'm a member of the MAM Board I'm in support of this project. I think these are some items that the Commission should consider in talking about this project and in making their decision. First is inclusion -- cultural inclusion as it relates to diversity. For me, it's about the black (UNINTELLIGIBLE) and including all aspects of arts, the African American community be exposed to arts and its cultural contributions be exhibited. It's about economic inclusion for the local community, especially Afro-Americans, in terms of design, construction, and jobs. Who's going to get these tax dollars? MAM's goal right now is approximately 22 percent minority participation for design services, and a similar one will be for construction. It's about program inclusion, programs that involve the public schools, the inner-city communities, the general public; programs that expose public to all types of art. We all know that art is a growing, evolving, living thing -- programs about the ethnic art and speakers who are able to tell their stories; programs to encourage and to showcase local art talent. Miami has -- Miami -- MAM's art programs are very similar to this and will be expanded. It's about the enhancement of this park. Bicentennial Park will become a place for cultural gathering, instead of a derelict, underutilized place. Public buildings will not dominate this park, but add to the quality of life by adding activities for both daytime and evenings. The park planners, Coopers [sic] Robinson's developed a master plan to ensure balance, retainage [sic] of views of the water and building orientation. The public has had input into this planning process for developing this park. The buildings will only take up four acres; you still have 21 acres left for other activities. It's about the enhancement of economic impact for the City of Miami, and it creates a destination. It provides economic spin-offs, provides opportunities, providing jobs and incomes from the dollars; $650 million impact, 550 jobs. This is the positive impact that this project can have on the City and the community -- Chairman Gonzalez: Thank you. Mr. Frazier: -- and we hope that you will follow the process -- Chairman Gonzalez: Thank you. Mr. Frazier: -- and vote yes. Thank you. Chairman Gonzalez: Good morning. William Parker: Good morning. My name is William Parker. I am a trustee for MA111, and l would like to talk today briefly about education. As you know, MAM is the single largest arts education provider in Miami -Dade County, serving thousands of students a year, and we believe by having room to expand, we'll be able to extend and expand those offerings to more students, and in result, we think we'll have a more culturally diverse society, which is, we believe, important. We -- MAM also offers a number of other programs that benefit students. For example, we work alongside Southside Elementary and, I guess, it's Sunnyside, as well, preparing young students for the FCAT (Florida Comprehensive Assessment Test) examination. We think things like that are talked about very widely throughout the community, and we think those kind of programs will go a long way in helping our young people. We also realize that -- we find that young people that excel in arts also do well in math and sciences, and anything we can do to improve the level of education I think is something that we ought to consider. Thank you very much. Chairman Gonzalez: Thank you, sir. Good morning, sir. Peter Menendez: Good morning. I'm Peter Menendez, 2530 Southwest 12 Street. I'm here to show my support ofMuseum Park and the Miami Art Museum. From my Shenandoah home in City ofMiami Page 106 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 the City ofMiami, I have been a strong supporter of MAM since its inception. I am a former trustee of the museum, where I've served for over 30 --13 years. I hold strong convictions on the benefits of culture to a community and firmly believe in the roles that Miami Art Museum and that Miami Science Museum hold in our city. I am also a strong supporter of green spaces and believe in the concept of a Museum Park at Bicentennial Park and its potential, a park that can be an open and inviting space to all segments of our multicultural community, and one that can become a true destination for the people of the City ofMiami. I encourage you Commissioners to be visionaries about the potential of Museum Park. Thankyou. Chairman Gonzalez: Thank you, sir. Good morning. Rose Ellen Greene: Good morning. I'm Rose Ellen Greene. I'm one of those people that you were asking about who was making the contribution so far of $8 million to the museum. I have made a significant contribution, part of that is the $8 million, and it has already been spent, and I have a greater commitment, and we have tens of thousands -- tens of millions of dollars committed to this project. We have spent almost $8 million already. All the proper invoices have been sent to the City; they have reviewed them, and we have done it for one reason: Because we believe in the goodwill of the City ofMiami and Miami -Dade County. Thankyou. Chairman Gonzalez: Thank you, ma'am. Katherine Hinds: Good morning, Commissioners. Chairman Gonzalez: Good morning. Ms. Hinds: I'm Katherine Hinds. I'm the long-time curator of the Martin Z. Margulies foundation and the Margulies Collection of Contemporary Art. I'm speaking to you today on behalf of my associate, my long-time associate, Martin Margulies. He regrets he is not here in person to speak to you, but he is in Europe attending the International Art Fairs. We are asking you to defer MAM's request for $2 million for the following reasons: Nationwide, as a fundamental characteristic, art museums are not funded by taxpayers, but rather, by private fundraising. Let me make it clear. We are not against art museums. We are against building art museums with taxpayers' money. Our position is simple. Let those who want the luxury of a new art museum pay for it themselves. How can we afford to spend over a hundred and two million taxpayers' dollars on a museum when so many of our elderly, our disabled, poor, working-class citizens struggle in poverty and on the edge of homelessness. Our inner-city schools are falling apart. We lack medical services for the neediest, including children. Our infrastructures need overhauling. Our fire and police departments are compromised due to budget constraints. These are our real civic priorities, not a museum, but bad habits are hard to break. Twenty years ago, the taxpayers were promised a new art museum would bring culture and revitalization to downtown, but that hasn't happened, so what does a mill -- excuse me -- a building does not make an art museum. What makes a museum great is a great collection of art, so what does MAM really have in art? In 2005, MAM was ranked last in the nation in number of works of art, and despite the recent hurry -up surge in donations, the truth is that raising MAM's meager collection from 280 objects to 450 objects still places them at the very bottom of the list, according to the National Association of Museums, so what does Mlttvl really have for an audience? MAM's underwhelming membership of 808 people in a city of over 2 million speaks for itself and paying visitors, MAM, once again, ranked at the bottom of the list in 2005. Chairman Gonzalez: Ma'am, you need to conclude. Ms. Hinds: I beg your pardon? Chairman Gonzalez: You need to conclude. City ofMiami Page 107 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. Hinds: OK. Chairman Gonzalez: You exceeded your two minutes. Ms. Hinds: In conclusion, we urge you to defer this -- MAM's request for the $2 million. MAM already has a building. They do not have a collection. They do not have an endowment. They do not have a significant membership base or an audience -- Chairman Gonzalez: Thank you. Ms. Hinds: -- nor do they have the private money that they need to build this project. Chairman Gonzalez: Thank you. Thank you. Next. Bernice Steinbaum: Hello. I'm Bernice Steinbaum. I'm an entrepreneur in Miami. My parents were immigrant parents, andl was a latchkey kid. I attended the local museum every afternoon because that's what working parents found necessary for a kid who was alone without daycare. That latchkey kid has a doctorate in art history from Colombia University in the City of New York. Museums are not brothels. What they are suggesting that they build here is, in fact, something that will add to this community and help with the diversity of the City. A museum is our link to the past, our gift to the present, and our legacy to the future. Please don't hold up this process so that they run into additional financial problems. Chairman Gonzalez: Thank you, ma'am. Next. Marguerite Beaty: Hi. My name is Maguerite Beaty. I came as an artist, and what I wanted to say is that Miami Art Museum has an incredible educational department, and it brings a lot of public schools in, a lot of kids, a lot of free programs for families, and I hope that you will allow them to continue to do so. Chairman Gonzalez: Thank you. Next. Emanuel Washington: Yes. Good morning. Emanuel Washington. I just want to say -- good morning to the Commissioners, Mr. Mayor, and Mr. City Manager -- that I'm not here for or against the MA[lil project; just had a few concerns, and matter of fact, Commissioner Regalado really hit the nail on the head when he come to me. I'm involved with the Overtown Optimist and the youth, and my main concern -- and now that I begin to look and see as far as funding and dollars to make sure that the youth -- because we realize we have youth issues, and Ms. -- Commissioner Spence -Jones said the thing about the Peace project -- the dollars that are very needed for this community, and when you hear about the MA[l l project -- and like I said, I'm not here for or against it, but even when Ms. Conway said that dollars were deferred from other projects -- and know specifically, because I'm working with the Overtown Optimist, in the Gibson Park project, we need dollars to make sure that happen, and dollars were taken away from us, and then -- but no dollars were deferred from those other projects, and like I say, I'm not a political advocate, but I am involved in my community to the point where that -- I want to make sure that our children [sic] -- because I know that when you start building a community, whether it be for museum, arts, and anything else, when you don't take the children [sic] first, then you building everything on sinking sand because those are the individuals that are going around causing the problem, the robbery, and the stealing, and the crime, and they end up being homeless and all the other thing. You'd be surprised of the amount of homeless youth that we have on the street outside of adults, and I'd just like I say, I just want to, you know, be on the record that I want, number one, that this project -- is self -supportive, and number two, that, you know, our priority definitely should be our youth and crime prevention and homeless, and last, City ofMiami Page 108 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 but not least, just that you, Commissioner -- because I trust you, andl trust our City Manager, to do the due diligence that it take to make sure that this project don't be a bust or a fiasco because you guys are going to be the one ultimately to decide whether or not we go forward or not, and I'm just here today to be on record to ask that you do your due diligence to make sure that the dollars that we're allocating, the taxpayer dollars are done properly, so that's what I wanted to -- Chairman Gonzalez: Thank you. All right. Nina West: Good morning, Commissioners. Nina West, Miami Neighborhoods United, Parks and Public Space Committee. I'm here to talk to you about a little fiscal responsibility. Today, in the State Legislature, they are going to cut the taxes. These bonds cost money. We paid for these bonds already to fix up our parks, our sidewalks, and we're told there's a shortfall. The Bond Oversight Committee that Mr. Riley appeared before, he explained to them that all their funding in their budgets do not include the parking, and on today's agenda are many more bond issues. Now we're going to have our funding cut in forty -some million dollars now each year out of our 250 or $300 million budget or however big our budget is goes for debt service, so how are we funding the City? With more bonds, and what are we owed? What we've paid for already. We've paid for this park two or three times over, and we don't need a $60 million plan for the park, and these people should be raising their own money and being responsible for their parking and everything else that they're for. We are not against the museum. We are against the location and the site in our park. To say that the property is only worth $50 million is ridiculous. It's the last piece of downtown waterfront property probably in the state of Florida. The money for children's art should be put in the art classrooms. To take care of a few hundred kids in a couple of public schools where they've cut the funding for art and music is a disgrace, and the money -- you mentioned the art programs that -- and music programs you could put into the public schools with a hundred million dollars. The programs that could be funded that just, at Tuesday's meeting, Commissioner Gonzalez said to us and the people there, who are there helping the poor, that don't come back to us next year unless you write to the government in Tallahassee because there won't be funds for this. Well, where are our funds going? So I am begging you to be fiscally responsible, to defer this item, and to rethink this issue, and to demand that they come up with full figures, including the parking. Thank you. Chairman Gonzalez: All right. Mr. Riley: Might I -- Chairman Gonzalez: No. Mr. Riley: -- ask for clarification? The last speaker said we're not paying for the parking. The parking is absolutely part of the budget. There's no doubt about that. Chairman Gonzalez: All right. Mr. Riley: There was testimony that we had very few visitors. We have 60,000 visitors a year, and we serve 15,000 students who would normally not be getting arts education. If we had a larger museum, if we had greater capacity, we'd serve much more than 15,000 people. Chairman Gonzalez: All right. You made a clarification. Mr. Hernandez: Mr. Chairman, if you -- Chairman Gonzalez: Larry. City ofMiami Page 109 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Hernandez: -- allow -- Chairman Gonzalez: Yes. Mr. Hernandez: -- Mr. Spring to put something on the record -- Chairman Gonzalez: Yes. Mr. Hernandez: -- regarding the debt service millage. Chairman Gonzalez: I was going to ask you to do that because we need to clear the smoke -- Larry Spring (Chief Financial Officer): OK. Larry Spring -- Chairman Gonzalez: -- so please, would you clear --? Mr. Spring: I will clear. Larry Spring, chief financial officer. With regards to the last set of proposals that are being considered in Tallahassee, they all explicitly exclude voted debt, which means our debt millage on this one, which is a limited ad valorem debt issuance, will be unaffected right now. Now keep in mind that because it's a limited ad valorem debt issuance, we are -- we have to remain within that debt millage cap of 1.218 for our entire issuance, but all of the legislation that we have in our hands right now does exclude voted debt millage. Commissioner Sarnoff What is our millage right now? What are we up to? Mr. Spring: It's point -- under this issuance .621 -- Commissioner Sarnoff So we're -- Mr. Spring: -- and based -- .621, based on our current net assessed value. Based on our projections right now, we feel that we will continue to maintain significant capacity, at least, at a minimum .6 mills for the remaining life of this issuance. Commissioner Sarnoff So, essentially, we're at about half -- Mr. Spring: We're -- yeah, a -- Commissioner Sarnoff -- a little over half. Mr. Spring: -- a little less than half -- Commissioner Sarnoff OK. Mr. Spring: -- yeah. Thank you. Chairman Gonzalez: All right. Next. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I am here today as cochairman [sic] of the Parks and Public Spaces Committee ofMiami Neighborhoods United, andl am also authorized by Ron Jude, head of the Sierra Club, to speak on behalf of the Sierra Club of more than 3,000 members, which is in accord with the Parks Committee. We are -- do not object to museums. I, myself, have been a museum professional and worked with them and for them for over 50 years. I -- we only object to the use of the park space and of public money. As has been stated over and over, other museums raise the money; this one should too. If they're City ofMiami Page 110 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 so good at raising money and they're going to be able to raise all this money, why did they need this $2 million? It's like me taking out a mortgage on my house to get $200 out of it. The other thing is, in practical terms, would you -- if you were a car dealer or selling a house, would you let somebody move into your house or your ranch, or take that car that they want off your lot without signing the papers? We should defer this until all the papers are signed. One of the concerns that has not been raised is that in addition to this money -- I read the drafts of some of these. There were $67 million the City is supposed to put into fixing up that park. They have to do the environmental studies, the environmental corrections, all necessary demolition, relocation, design, water, sewer, landscaping. They do have to pay for the landscaping. The City has to pay for the landscaping of that park. If somebody knows differently, let me know -- Commissioner Sarnoff I will. Ms. Sandoval: -- and it's going to be an expensive project, between 60 and $80 million, and take quite a few years. Now we have all seen the copy of the park plan. It is not a people friendly active park plan because most of it is given up to formal designs and walks. There's not enough shade. There aren't enough places for ordinary people to come in and use the park. That's why they don't -- Chairman Gonzalez: Judy -- Ms. Sandoval: -- go there now. Chairman Gonzalez: -- you need to conclude. Ms. Sandoval: I need to close? OK. One more thing. It has been stated that this is the best site for this museum. There was a committee in 1998. They looked at nineteen sites. They immediately eliminated seven; they evaluated twelve. They broke it down to six. The three top - - Bicentennial Park, by this committee and the consultants of the museum, Goodwyn, was rejected. Chairman Gonzalez: Thank you, Judy. Ms. Sandoval: There were three other sites considered -- Chairman Gonzalez: Thank -- Ms. Sandoval: -- more appropriate. Chairman Gonzalez: -- you, Judy -- Ms. Sandoval: Thank you. Chairman Gonzalez: -- but it happened that this was the site that was approved by the voters in a referendum, and if we're not going to respect the will of the voters in a referendum, might as well don't have any more referendums. Just, you know, do whatl want, or what you want, or don't take anything to election or referendum. I mean, are we going to take the -- away the value of a referendum of an election? I don't think that's -- those are the basis of this country and this democracy. All right. Good morning. Grace Solares: Good morning, Commissioners. My name is Grace Solares. I am the president of the Miami Neighborhoods United. I wasn't going to address the issue that you just touched upon, sir -- City ofMiami Page 111 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: Yes, ma'am. Ms. Solares: -- but am now, for just one second. I have the two resolutions that went into -- two ballots, the language that went into the ballots for the County, 2004; for the City, 2001, and in either one of them, there is no mention of Bicentennial Park. Chairman Gonzalez: I don't think that's correct. Mr. City Attorney. Commissioner Spence -Jones: That's not. Chairman Gonzalez: The resolution that went before the voters in 2001 -- Commissioner Spence -Jones: It didn't have the language. Chairman Gonzalez: -- mentioned specifically at Bicentennial Park, didn't it? Mr. Fernandez: What the voters vote on is a 75-word ballot. On that 75-word ballot, no reference is made to a site -specific. However, what the Chairman is referring to is the literature and is other documents underlying that referendum that did make reference to Bicentennial Park. However, what the voters specifically voted on, which is limited to 75 words on the ballot, did not make specific reference to the park. Chairman Gonzalez: Then I apologize, andl stand corrected. Ms. Solares: Thankyou, sir. Thankyou. Appreciate it. Miami Neighborhoods United is not opposed to the museums. As a matter of fact, I heard somebody said over there referring, I think, to us peasants -- we may be peasants because we don't have the amount of money that some of them have, but we do have education. I, for one, have a major in history, minor in English; graduated magna cum laude, Phi Beta Kappa of the University ofMiami; did a thesis on populism and populist leaders in Latin America. I am also an artist. I look at an art -- I look at a painting not just by the colors. I know textures. I know techniques, so we do like museums. It is the issues pending at this point in time today that we're coming before you, of the $2 million. We do not have a memorandum of understanding completed. The draft that I've seen, as a request of my public records request, says that any of the people -- Could have -- Commissioner Gonzalez, couldl have Mr. Herrerra's time -- two minutes to actually finish? Chairman Gonzalez: Go ahead. Ms. Solares: Thank a lot. The memorandum of understanding has, at the end, a little clause that says that any of the parties can pull out of this deal at any time, so if you give them the $2 million today and $10 million tomorrow, and $20 million next month, and that memorandum of understanding continues to have that clause, anybody can pull out of this deal, and whatever monies diverted or sent to -- what happens to those money? We're short of money at this time, Commissioners. You're going to be voting on possibly bonds of $300 million later on this afternoon because you don't have the money, and you're giving it away? We do not have the memorandum of undestandings [sic] finalized We do not have the master development agreement finalized. We do not have the master management agreement finalized We don't have the proposed cooperative agreement finalized. We do not have the lease agreement finalized. I beg of you, what we're asking is that you defer this item to September. You will have the benefit of having all of those documents that are so important to this deal before you in final draft, and the public will also have the ability of looking as to see what is the City committing itself, with the County, and certainly, once that -- things are signed -- I mean, to be -- for having one of the individuals, for example, the museum pull out, what about the money that has been given? The only reason we're here today and the only reason we're asking -- the only thing is City ofMiami Page 112 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 that this matter be deferred to September, please, so that all of these documents are finalized; you have read them, not somebody else for you. You have read them, and we have had the ability of read them as well. We are not opposed to the museum. Thank you so much. Chairman Gonzalez: Thank you. All right. I guess that concludes the public hearing; brings it back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff Thank you, Chair -- Mr. Chairman. There's really two issues before us today, and that is, fiscal responsibility and the siting of these two museums. Now having been born in Brooklyn and brought up in New York, I had the opportunity to have museums pretty much my entire life; the Metropolitan Museum, Museum of Modern History, and the Museum of Fine Arts in New York City, and every -- twice a year, we were bussed, as schoolchildren, to go to those museums, and it was certainly a big part of my recollection, as an adult today, going to those museums. Nobody can take away the fact that you must have a cultural experience for children for them to even appreciate and then gain a respect for the culture and the arts. The siting of these two museums, I wasn't absolutely sure whether it was the correct siting, so what I did this past Sunday was go out with my wife, Ryan Alexander, and his fiancee, Andrea. We went by Metrorail to the museum; had a nice experience on the Metrorail, so I'll give some kudos to the County, and actually found the Metrorail to be quite crowded on a Sunday -- and we went out there and we saw the museums, and then walked over to the park, down Flagler, which is a different issue that we can get to later on in the committee -- in the meeting today -- and when I got to the park, it was my -- quite honestly, it was my first time actually completely in the park. I'd driven by it; I'd seen it, but never walked through the park, andl got to see exactly where the museums would be sited. I got to experience the museum -- the park with a number of other people that were in the park, and those were mostly homeless people, and right by what understood to be a former restaurant are five families or five existences of homeless people who've lived there, they've told me, for the better part of six months, so it's pretty clear that the people that enjoy the park -- and not that they should not, but -- are homeless people, and as to where the siting of this park -- of these two facilities are, nobody could argue and nobody could get up here and raise their right hand and suggest to anybody in this meeting hall today that you will restrict anyone's view where those two museums will be sited. Those museums will cover up 395. Vice Chairman Sanchez: That's it. Commissioner Sarnoff Period, end of report. Well, does that mean that a museum belongs in a park? Quite honestly, I still didn't have the answer, and providence working its own magic, I actually met a person I knew in the park that day named Shane Graber, and he said to me, have you read the following books: The Death and Life of a [sic] Great American City [sic], by Jane Jacobs; The Geography of Nowhere, and The Rise and Sprawl of Suburban Nation. I had not read the books, yet I sat before you as a Commissioner. I've now read the books, and Jane Jacobs -- this book was written in 1961. Let's talk about vision for one moment. This woman is not only a visionary -- 'cause you know what she's talking about? Too much carbon being put into the air by cars; 1961, and she's telling us to be worried about carbon being emitted into the air. Only reason I bring that up to you is to give you some of her ideas. She describes, in this book, something called a vacuous park. Her definition of a vacuous park is a park that does not attract people; park that doesn't bring people to it. She talks about good small parks typically have a place somewhere within what's commonly understood to be the center, a crossroad, a pausing point, a climax. She then goes on to describe three parks, most of them parks that know from my living in New York City, and she talks about some parks that are surrounded on three sides, on by the Lower Eastside Highway, one by the water, and one by an impassable roadway, and she could have been describing Bicentennial or Museum Park, whatever you choose to call it. On the one side of Bicentennial Park, you have 395. Now we all know, for our lifetimes, that's where it's going to be. We have the water. We all know we put a City ofMiami Page 113 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 great new seawall up there, and that seawall is going to remain, and we're not going to have people go in through the water side. We then even have one more side to the park, which is the inlet, and the inlet is not going to invite anybody into that park, and we now have Biscayne Boulevard, which, for all intents and purposes, is a psychological and physical obstruction to anybody going into that park, so what is Ms. 1961 Jane Jacobs recommend? She says you must create an environment that a park needs. You must create a meeting place for people, and what does she describe? The use of buildings to bring people into a park. The Geography of Nowhere. You must have eyes and ears in a park for that park to succeed. By the way, in Jane Jacobs' book, 16 parks that she's described in New York City are no longer parks. They're now projects where buildings exist because they were vacuous parks. The Rise and Sprawl of Suburban Nation, which I'm gladl read this because this is Elizabeth Duater [sic] Plater-Zyberk. She describes parks as being common meeting places, and they must provide a reason to be there, especially vacuous parks. Folks, we have a vacuous park. Time has demonstrated that this is a vacuous park. This park is not a used park by the people who want to use it. This park is utilized by those -- you know, it's interesting, I always wonder -- not to be disrespectful to Mr. Perez out there, but he could afford to live on any waterfront anywhere in the world, and we have six people living on the best waterfront in the world, but they happen to be homeless. It's kind of ironic in a way that the rest of us don't get to enjoy the waterfront because it's a vacuous park, so with that being said, I became convinced, after reading these three books and having been there myself, this is the right place to put magnets in the park. Are these the right magnets to put in there? Everything we do, everything we say is post -apocalyptic PAC, Performing Arts Center. Everything we think about, as a Commission, is in the shadow of the economics of the PAC. Now that should scare us as Commissioners because we don't need and don't want to make the same mistake, but let's talk about economics for a second. My first week or month being a Commissioner, I got to experience Art Basel. Art Basel is predominantly a City ofMiami Beach event, yet, I was in the Design District, Commissioner Spence [sic], and it was packed. It was the first time I appreciated having a driver because I was allowed to get in there, mill around, and spend time in what I've been told provided $100 million to our economy. Now how many of you sitting on this Commission would turn down the opportunity to have the Super Bowl here every year, not at Miami Gardens, but in the City ofMiami? I don't think anybody here would make that choice to not have the Super Bowl here every year, and yet, that's the kind of money you'd be turning away if we don't start creating venues for Art Basel to come in and to spend its time and its energy. Why the art? Two reasons. It is your sense of place in history; it is who you are. It is what you like to define yourself as. It is your gift to the next generation, but how about the here and now and the right tofore? It is good economy. We're not going to bring a General Motors to the City ofMiami. The first person to do that will probably get thrown off the dais because it's a polluting -type environment. Art is an industry that is clean. Art is an industry that will bring a great many visitors, both from a tourist class and from a world -class community to come into Miami. We have something that few cities have. We have a community of artists in the Wynwood section that are flourishing, more so than Miamians think. If you go to France, if you go to Spain, if you even go to Germany, they'll talk to you about Wynwood and its community. If we don't start supporting our artists, if we don't start supporting art as an economy to the City ofMiami, then what else are we going to bring, and that's just a stopgap measure because, folks, everything we deal with up here inevitably comes down to jobs, education and jobs, and it's our job here to talk about jobs, and maybe it's the School Board's job to talk about education, but what's -- let's not kid ourselves. We all need to talk about it to make this a better city than it is today. Let's talk about the museum, and let's talk about inclusion. The museum should never turn away a school -aged child. That museum should never be allowed to turn away a school -aged child who wants to spend the day in there. That would be a great poverty initiative. The museum should have a local artist gallery, just to City ofMiami, and maybe we'd be grand and open it up to Dade County, Dade County artists, and that should be a gallery that is dedicated, maybe, to one of our most famous artists, and maybe we should ask for the naming rights for him, Purvis Young. Purvis Young is probably the most popular artist, maybe in the world, you City ofMiami Page 114 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 could argue, but certainly, in the United States today, and if we don't support our local artists, then we'll never have a thriving arts community. Now I know it's been pointed out to the Chairman that the voters have not specifically spoken on this issue. They have been presented - - and gave it to the Chairman -- there's no doubt -- pro and con. People brought advertising. I have Mr. Margulies' advertising behind here. I have the City of Miami's fact sheet advertising. If we're to say every time somebody goes to the poll they don't know what they're voting for, then none of us sitting here have a right to say that we're here because the voters chose. You've got to give the electorate a lot more credit than people wish to give them, and you never underestimate the electorate. Were they advised there were going to be two museums in Museum Park or Bicentennial Park? Yes, they were advised that. It says it right here, "Museum of Science contribute funds to assist the museum with its development efforts for a Bicentennial Park location. Miami Art Museum; allocate monies to assist the museum in establishing a development site at Bicentennial Park." We have to find the courage, in the post -apocalyptic PAC, to go forward with an agenda, the courage to say we will get it right, and the courage to do right versus always being afraid and saying, "Oh, no. Can't do that. The PAC's not working." 'Cause you learn from every experience. For this group to get it wrong, shame on you. For this group not to have gone to PAC and say what did you do wrong and learn from that, shame on you, but you're smarter than that. When I look out into the audience, forgive me, but the people who do take interest in the arts just tend to be the most educated, and that's what art is about, education. It's that amorphous concept that we cannot put our fingerprints on. Is it math? Is it science, or is it more than that? Is it our essence of humanity? Is it who we are as a people? Is it who we are as Hispanic? Is it who we are as African American? Is it who we are as Jewish American? And can it be all of us, as Miamians? Is that not the meeting place that we talk about, that the City ofMiami comes together in one place and create its own culture? I suggest to you it is. I suggest to you that Bicentennial Park, and should you choose to call it Museum Park, is that place. It is the place where hope exists. It is the place where we can't put our fingerprints on exactly who we are, but we come to meet to talk about who we will be. If we are the great melting pot of the year 2007, where I came from the melting pot of New York -- because I think we are. I think we're the society of the future. I think what you look at in Miami is what you will see in the United States in the next 20 or 30 years, and the art that we form in this community is the art that you will be seeing all across the nation 20 years from now, and that's the point. That is the point that I'm trying to make going forward. Now can we put some restraints on you? Yes, and we will, so I'm going to suggest to this Board that we do a motion to approve the already -allocated and voter -approved $2 million to the Museum of Science, subject to the following conditions. Vice Chairman Sanchez: No, wait, wait, wait. Commissioner, could you just wait to get those conditions? I think I'm going to be adding some conditions, and maybe some of the -- Commissioner Spence -Jones: And Mr. Chairman -- Vice Chairman Sanchez: -- Commissioners -- Commissioner Spence -Jones: -- too, before -- I'm going to respect the -- his motion on it, but I do have -- I would like to at least put my comments on the record. Vice Chairman Sanchez: You're making a motion? Commissioner Sarnoff I am. Vice Chairman Sanchez: I will second it. You're going to proffer some conditions? Commissioner Sarnoff I am. Vice Chairman Sanchez: OK, go ahead. City ofMiami Page 115 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff I'm going to say that the -- prior to the issuance of the funding, that they come to an agreement on a master term sheet with the County. I'm going to say that they also execute a memorandum of understanding. That does leave some things to do. That leaves you with a lease agreement and a master management agreement. I look out in that audience andl see some of the most brilliant legal minds, andl know ifI locked them in a room for two days, it'd be ugly, but they would come to an agreement. I'm going to suggest that they raise $40 million of the 108 million by written, unqualified pledges, and that 20 percent of them exist in cash. While you have said it on the record, I'm going to hold you to it. There will be parking for 500 underground spaces, paid for by the museum, to be utilized by the public at -large. That means that we can park there. In accordance with your memorandum with County Manager Burgess, I'm going to demand that your soft costs do not exceed 17 percent, just like the County requires. As to the park itself let me talk about that for a moment. I'm going to ask you to immediately form a committee to raise not less than $12 million with the goal of raising $20 million for the construction of the park. I'm going to require you to maintain the park at your own expense so that we, as a city, don't fail you and you don't fail us. I'm going to suggest that there be an immediate public meeting to consider what occurred at the Performing Arts Center, which was an overflow meeting, and that the public comments made at the Cooper plan -- Cooper Robertson plan, that we immediately visit them. Let me just say one thing for the record. That's the end of my conditions, but I'll -- if you don't mind, let me just close my comment. I was not impressed with the Cooper plan. I think it's overcomplicated. I think it's more than we probably could afford and should afford, andl think simplicity is the call of day. You know, folks, we are just coming out of -- well, I don't know that we're out of it yet -- one of the worst droughts in our history. Don't overcomplicate a park design. Don't require water when we may not have that much available in ten or fifteen years, so I'm going to suggest that we have immediate public hearings, just like we had with Sasaki, and there be real public input on the 22 acres that still remain to be designed because all we've done is site the park and put the battery in there, and with that, I apologize to my Commissioners for being so long-winded, and I'll turn it over to them. Vice Chairman Sanchez: Mr. Chairman, I would -- Chairman Gonzalez: All right. We have a motion, and we have a second. Vice Chairman Sanchez: But there's still -- Chairman Gonzalez: Discussion. Vice Chairman Sanchez: -- discussion. Chairman Gonzalez: Vice Chairman Sanchez, you're recognized. Vice Chairman Sanchez: No. I would yield to Commissioner Spence -Jones, and later on, I would like to make a friendly amendment to add some conditions that have been proffered by Commissioner Sarnoff. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman, andl have to say, you know, for those that truly know me know I truly support the arts, so it's not even about whether or not I support the arts or whether or not support having any arts -based programs happening in the City of City ofMiami Page 116 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Miami. I'm a strong supporter of that. For me, it's not personal. For me, it's more of a trust issue for me and my community, and I'm just going to put it out there because I think it's important to say, and Terry andl have had this conversation. Many of the board members andl have had this conversation, and just even yesterday, when we start looking at an item that's going to come up later, when we start looking at what the voters approved, meaning if these are the items that we wanted to see or voters wanted to see funded even that, in my community, in my district, and even in some of your districts, where programs or projects were supposed to be funded for whatever reason, they were all put on -- or some of them were put on the backburner, or now we can't find the funding to complete them, so for me, this issue is about a trust issue, and I understand that CIP (Capital Improvement Program) is working very hard to make those necessary changes, but to know that the voters have approved certain items and some of our projects are not happening, or they're not being funded because, quite frankly, for whatever reason, it's not happening. I think of parks like Gibson Park that is still waiting for a A/C (air conditioner) in the middle of the heated summer, where kids have no place else to go in Overtown, and that A/C, which we just put in seven months ago, still is not working. I think about Tacolcy and all of the work that they've been doing in that area in Liberty City, and still, you know, have to struggle to at least get their roofs completed. I think about Hadley -- I think about Little Haiti Park, you know, the first cultural complex that I'm having in my district, and for some reason, a 1,400 square building -- excuse me, a 4,000 square building that was supposed to be a 4,000 square building now -- is now being reduced to, you know, 1,200 square feet, which I know the Manager's working to change that, andl appreciate it, but for me, like I said, it's a trust issue. If the voters approved something and said this is something that they wanted to see happen, then, to me, that should be happening. My trust also goes beyond just the issue of whether or not we keep our word on what the voters decided to vote on is the issue of the negotiations with the County. I understand that our City Manager's going to do an awesome job, and when we ask the question as to where we are with the negotiations from the County, we're saying that we're almost there. Well, almost there for me means almost a year and a half -- almost a year, excuse me, of trying to negotiate with them, the County, on key issues regarding the people living in the heart of Overtown, trying to get these issues resolved from a bond perspective, from a reverter perspective, and we're just not getting any love or any true support, you know, to see some of these things happen from a County standpoint, so for me, it's about a trust issue. It's whether or not I can really trust you're going to do what you say you're going to do, and it's not going to change down the line. Now I respect, totally, what Commissioner Sarnoff -- and I'm glad that he has proffered these items on the record today, and I really appreciate him adding -- because those are clearly some of the things that I thought were really important, but I have to say this. I have friends on both sides. I have friends that support the museum. Some of my friends are in here today, and some -- I have friends that don't support the museum. I personally don't have an issue with the museum. I personally don't have an issue with having any buildings in the park, especially since, as Commissioner Sarnoff stated earlier, you do need to have something to attract people to the park, and quite frankly, right now, Bicentennial is only really being used for events, major events that come in town. People come there for the events, and then they leave, so it's not an active park from that perspective, but it is an important venue that is utilized, and that's -- a lot of that has to do with, you know, whether or not the City's actually programmed the park to really be that type of a park to attract people there, so my issue and my concern is not really about the buildings per se. It's really about trusting that you're going to do what you say you're going to do and keeping your promise, and as Commissioner Sarnoff stated earlier, you know, no one wants to utilize the word or mention the word "the PAC, " but I have to tell you, from my community's perspective, I cannot help but to use the PAC as an example because here's a perfect example of how people have said that they were -- would make promises to my particular community and make sure that there was inclusion and participation, and all those great things to get the project passed and then now that the PAC is built, it's -- we have a hard time even using the facility. We have a hard time even having activities and events take place there, so understand for me, it's not about -- Terry, it's not about whether or not this project is not a good project to have. The City ofMiami Page 117 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 reality is, my concerns are whether or not you're going to do what you say you're going to do, and we all have good intentions. We all say that, you know, we're going to be -- we're going to raise the money and do whatever it takes, but what happens if you don't raise the money? And you know, for me, you know, these examples that were used earlier regarding, you know, a lot of these museums not using public funds that is coming from, most of the time, private industry, you know, that -- to me, those are very solid, good, valid points. You know, we're already giving free land for you to put the museum on. It's not like we're not providing the free land, so you know, the issue for me becomes then, why not raise the additional money you need to build the museum? I don't think that that is a difficult request. Now as far as the Museum of Science is concerned -- andl know we're not dealing with this today -- and as Commissioner Sarnoff stated earlier, we do need to have attractions on the park. I personally feel that if the Museum of Science -- I was very impressed with their presentation, their outreach in the urban community, and all the great things that they have done, and even the number of visitors that actually participate or actually come to the museum annually were very impressive, andl do understand that in the presentation in my community, it was stated that, well, we need a bigger facility to attract those kind of people, and I do understand that, but I have to say that I'm -- I was very impressed with the Museum of Science and what they presented, andl think a museum of science in the heart of a park with a aquarium on the water is a beautiful thing to have, and it is definitely a great attraction, and it goes with the use of the park; very similar to what I saw in Baltimore not too long ago when I visited there, so I just want to say, really kind of in closing, you know, for me, you know, this item has already been supported and been passed and voted on -- well, actually, it hasn't voted -- we're going to vote on it, but I do want to, at least, make sure that I put some key issues -- and I would like to, at least, offer a friendly amendment to yours, Commissioner Sarnoff. I would like to definitely see that there is a community benefits agreement that's put in place. Quite frankly, I'm so sick and tired of hearing broken promises or empty promises and people not living up to what they say they're going to do, andl would definitely like to make sure that that benefits agreement is something that has real teeth attached to it so that if you don't meet those necessary commitments or guidelines, then there's some penalties that are attached to it, just as we do in the CRA (Community Redevelopment Agency), when we put agreements together with folks that want to build and develop in the area. There's key things that we want to see that happens in this community benefits agreement, and then last, but not least, I think that it's very important -- andl think this was already mentioned, but I would like to, at least, expand on it. Because the park itself is a downtown -- basically, a downtown park, and it is a park that all districts will utilize, I think that it's important to have, not only before the building of the park takes place, but even after the park gets done -- I know that we have a Park Advisory Board that's been kind of not moving, but hopefully, it will start moving and doing something and being productive, but would like to see that there's some sort of community oversight board that's put in place to say if these are the ten items that the community has come up with that the park -- that -- excuse me, that the museum has to do in order for it to live up to their commitment of making promises to the community residents, then the community oversight board would be there to make sure that those things took place, so that is my only concern. It is really a -- not about the museum. I love the arts. I'm probably in a gallery once a week, you know, because I really support local artists. I mean, I have several initiatives to do that. It is about trust. It's about, if you tell me you're going to do something, then do it. If you're not going to -- don't make these promises to -- and then we have to stand up in front of our constituents and tell them, you know, when they e-mail (electronic) us or we go out into the areas like Overtown, and the A/C's not working for kids to be able to acknowledge or be able to, at least, play in their parks, you know, it's a very difficult sell for me, not when I have to make a choice like that. The neighborhood folks that, you know -- this is the only outlet they have is the little parks that they have in their communities. That's all they have, and if they can't go in their own parks -- and the voters voted on it, and we can't deliver on, you know, what we say we're going to deliver on, then it's hard for me to trust it on both ends, and as far as the County's concerned, Mr. Manager, you can agree that it has been extremely difficult with us getting some additional agreements that we've City ofMiami Page 118 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 been working on, for God knows how long, on key issues that are very important to just the quality of life of individuals living in neighborhoods, so you know, it's -- I'm glad that Commissioner Sarnoff put -- I'm hearing the -- I want to make sure I heard you correctly. You did say that you're supporting this item, but you're supporting this item based upon the fact that there is an agreement put in place, or that they're going to start working on this -- finalizing this agreement? Commissioner Sarnoff Sure. Commissioner Spence -Jones: I want to just be clear because I don't want us to get in it -- I'm just telling you. I don't want us to spend the money and then -- or start spending the money and then the County says, "No. We don't agree with that, " and we know, from experience, that has happened. Commissioner Sarnoff Right. I said that they would have to have the terms -- the term sheet agreed to and the MOU (Memorandum of Understanding) agreed to. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. You done? Commissioner Spence -Jones: I think Regalado -- Vice Chairman Sanchez: Commissioner Regalado, you're recognized for the record on this item. Commissioner Regalado: Thank you, Mr. Chairman. This is looking like the immigration bill with so many amendments and conditions. I'm not going to place any amendment. I just want to go back in history several years ago, back to the '80s and back to the '90s. As a journalist, I cover the public hearing -- maybe some of you attended -- that was held at the Miami -Dade County Auditorium many, many years ago in the '80s. I think it was County Commissioner Bruce Kaplan who chair that hearing. The Manager may remember. It was about the PAC, the performing arts, and this is where -- in that public hearing, and then there was another public hearing in the Knight Center about the PAC, andl saw there the persons from Sears and -- donated the tower, and also the people, member -- the members of the Trust that promised that they would raise the money. At that time, we were told, at that meeting, that the cost of the PAC would be $87 million, and -- so they said, well, we'll come up with $57 million. As we stand today, that figure never came through, and we all know what happened in the past. Commissioner Sarnoff is right in saying, well, you know, we have this PAC paranoia, but the fact is that the City ofMiami, through the CRA, the Community Redevelopment Agency, is still putting in the PAC a million and a half every year, and the fact is that, in less than 60 days, we may have, in the agenda of the CRA, a proposal that the CRA of the Omni area will use 35 percent of all the revenues, which amounts to maybe 7, $8 million a year, to support the administration of the PAC, and that will be forever, or at least, to the year 2027, so the PAC is a real issue for the City ofMiami and for the residents ofMiami, and just wanted to remind my colleagues and the people watching and the people here that this is a serious issue that we have, and that the City -- which has nothing to do with the PAC because it doesn't own the PAC; didn't build the PAC -- has been called to rescue the PAC with the CRA and 35 percent of the revenues of the CRAs in the Omni area, which include, by the way, maybe the Bicentennial Park. The other issue that I wanted to remind, coming back a little closer, the '90s -- one of the happiest moment in this City Commission for me was when I was honored to move forward the Children's Museum. The City gave the land to the Trust of the Children [sic] Museum, but you know, when they came in, at that time, the City was in the middle of this bankruptcy and crisis, and we couldn't talk about money. We could only talk about land; the most precious land that City ofMiami Page 119 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 the City had, the Watson Island land, and we told the people from the Children [sic] Trust, when you raise the money, you come back to the City Commission, and they did. In 90 days, 120 days, they raise $13 million. They came back; the Children's Museum was built, and it's there. The conditions? Fifty percent discount to every resident of the City ofMiami, and it work. It has -- now they have -- in the middle of charter school. The attendance, it's staggering of residents of the City ofMiami, so this Commission has been very proactive and still is supporting the PAC in terms of the arts. The problem is that there have been sort of a double standard. The problem is that there have been projects in the district that I represent and that every [sic] of us represent that have been cancel; projects that went in that -- also to the voters as a information pamphlet, but some of these projects have been canceled because there were cost overruns, and we had to move money from other priorities -- beautification of Southwest 8th Street, gateways -- to finish other projects, and the voters did vote for it. We did promise that to the voters, so it is very difficult to explain to the voters why did -- we didn't use at least $100,000 of the museums so we can sort of move money around. The money wasn't touched, and it's fine. I understand. It was a -- it's a major project. We say, well, you know, we need to respect the voter. In this case, we haven't because some of the projects have been cancel. We have -- with a stroke of the pen, we cancel a contract with the Rusty Pelican that was approve by the voters, and somebody said, no. We do not want more money nor a new restaurant, until we finish the master plan and we figure out what we want to do. By doing that, the City is losing about a million dollars a year in the last three or four years. The voters approve it, 76 percent. The same issues that the voters approve on that referendum, next day, went into effect; the parking surcharge and the salaries for Commissioner, so I just want to say that, you know, I'm a little uncomfortable with the double standard. We do not have a lease. We do not have a - - we don't know what's in it for the City. We -- I mean, this is easier than the tunnel because we were going to discuss today the tunnel, and the City was going to come up with $50 million as a gift to the County because we don't own the tunnel, nor we can have a toll to enter the tunnel. The question is, what's in it for the City ofMiami, for the residents ofMiami? This is going to be owned by the County. The director said that the land will cost like $50 million, which is a conservative estimate, so we're giving away fifty -some million dollars for the arts, andl agree. Arts deserve it, but there's nothing that the City can say, "This is ours." This is our. The PAC is not ours, and yet, we're going to have to be paying for the next 20 years for the administration, so it is not about the arts. The homeless, big problem in Coral Way, in Overtown, also in Bicentennial, but this is not about the art. This is about a police and community action, a concerted effort to eliminate homeless. I agree with the notion that parks needs to be active, andl hope that it does. The point here is that it's very difficult for me to understand why does the County has not release the $100 million that were approve in the GOB (General Obligation Bond) or part of it? Why does the City have to release first the money, without any paper signed, without anything that could say, well, we are part owners of this project? That is my problem. My main issue is that we went along by canceling projects that were approved by the voters, and now we say that we have to do this without any papers signed because it was approved by the voters, so it's either I'm too dumb to understand, or there is a double standard here, and that double standard troubles me, and this is why I would not support the $2 million grant to the Miami Art Museum. Thank you, Mr. Chairman. Vice Chairman Sanchez: Yes. Mr. Hernandez: Mr. Chairman, if you allow me. I think it's important that I do put on the record that we plan to fulfill every promise that we have in that capital improvement plan. Many of the ideas originally were, I would say, vague in concept. As they were defined, costs did increase, but our plan right now is to fulfill every promise and every commitment, not to have a double standard. Definitely, we will not. Commissioner Regalado: And we thank you, Mr. Manager, and we'll love you if you do that, but planning is not good enough. I mean, we just -- we cancel -- the reality is that we did cancel City ofMiami Page 120 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 some projects. Now planning, it's great. We are planned -- we plan to do the best for the City, and we thank you, but we're talking today. Mr. Hernandez: Commissioner, it's a question of I think, rescheduling. We'll reschedule the projects. We'll do the ones that are ready to go now, and the others will be rescheduled, but eventually, all will be done. Commissioner Regalado: Thank you, Mr. Chairman. Vice Chairman Sanchez: Yes. Are you done? Mr. -- Commissioner Regalado: Yes. Vice Chairman Sanchez: -- City Manager, you're done? I think it's important that we focus on really two things, but one thing that I'm going to toss in; one is oversight, and the other, of course, is a vision, but before I do that, I think it's important that we set the facts straight because we do have great organizations that are partnering up with the City, andl think we at the City here -- and I've been here -- I've been blessed by the voters to be here two terms. One of the things that we constantly promote is partnering up with great institutions to create great venues for our city, to put our city on the map as a great international city, andl am a visionary. I like to compare myself to other great cities, such as Barcelona, Spain, France, Paris, and other great cities that have all those things that really make it a great city, but think it's important, as I stated, to clear the facts because there have been a lot of things said that aren't accurate and aren't true, andl think that one of the things that we did in this Commission, one of the wisest things that we did was to defer this item to allow us an opportunity to sit down with the Administration and have the Commissioners address their concerns, andl think the Administration did a great job with this memo that they put out addressing 13 questions that we had, 13 concerns and 13 questions that really had merit. I took the liberty to put down, I think it was five or -- five questions that I wanted to address, and I think one of the questions that was brought forth that I think the record needs to be cleared is that, you know, we who labor here seek the truth, andl think that when we say something, it's got to be accurate. I just can't pick numbers from the sky andl can't make misleading statements. One of the things said that there wasn't enough citizen participation, andl think that was number one on the issue. You know, the Herald, in itself -- andl got this article that came out -- characterized the Museum Park's proposal as provoking wide attention and strong debate. I can't even count the meetings that we had pertaining to the public input to get people to support, which they did -- not once, but twice -- the City's bond issuance and the County's bond issuance. The other issue that had some concerns was on the finances; that we wanted to see that the budget had -- did not exceed or pass the limits of the 17 percent cost -- soft costs, which Commissioner Sarnoff put that as one of the conditions, andl will proffer some conditions when I get to the conditions. Of course, the big issue here was the issue of overruns and change orders, and of course, we don't like to dwell on the past, but we need to make sure -- and that's where I think it's important for this Administration to put an oversight committee -- and that will be one of my conditions, but I'll put it out now -- would be to create an oversight committee of people in CIP, people in budget; people that are knowledgeable and can assist to make this project a reality; to make sure that the project is time certain, cost certain, and project certain; to assure no cost overruns, and of course, the soft costs will remain at 17. There was another issue that got my attention on that, and that was -- no. We'll skip that one because there's -- I don't want to dilute the -- my support for this, but we need to focus on one other thing that was oversight -- andl think I've made that very clear. Now on the vision aspect of the City -- andl state it before -- we are a very diversified city. Miami is a very young city, and we have had opportunities in the past -- and maybe some of us weren't here, but I could tell you we made some mistakes. One mistake was Bicentennial Park. What's there today is a mistake. We want to make sure we don't repeat that mistake. We want to make sure that we do it right. It was this City ofMiami Page 121 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner -- andl think maybe two Commissioners were here -- when they wanted to put a baseball stadium there, it was this Commissioner who was the swing vote who did not approve a baseball stadium at Bicentennial Park because I had a vision. That wasn't the proper site for a baseball stadium, and boy, did we get lobbied because we got lobbied. People wanted a baseball stadium there. We were -- waited for the right opportunity to create the right projects. As Commissioner Sarnoff stated what we want to accomplish is a park -- and you know, somebody made a statement that caught my attention, and it was great. It is not the museum building that makes a museum. It's what's in that museum that makes a museum, and we could build a museum; we could build whatever we build out there, but if we don't get people to go out there, and we don't get people to visit and make that park a vibrant place as downtown is becoming -- and we're going through some growing pains; it's a young city. I think the leadership is there. I think we're focusing on the right things. This plan that was put forth that was presented to us, I think will be a signature piece of mosaic to the gem of our city that would be enjoyed by everyone because that park and that museum, and that environment that we're creating, it's for all the people of the City ofMiami, not for the rich, not for the poor. I think museums and parks, when they're done right, benefit all those who want to take advantage of it, and when they go to those parks, no one's going to be turned away. As a matter offact, you have in place already -- you've reached out -- you embraced the concept of bringing people to your museums and to -- we'll handle the part about bringing people to our parks, but you know what? No child should be locked out, Commissioner. You're absolutely right. Everyone should have an opportunity to experience what Miami's all about. Miami's a very diversified community, as I stated, and we have a great opportunity to make sure that we do become a world -class city, a city compared to great cities of the world, not just America. Our great country provides us opportunity, and that opportunity is created to many who, today, don't have that opportunity. Artists. I am a strong supporter of arts. You've heard about Cultural Friday. I take great pride in that because I've taken an area that economically flat -lined that, within four blocks, we have 14 art galleries of artists that struggled at one point, but today, they have their art galleries, and they take great pride in not only saying that they're from Miami, but they're great lovers of art, andl think it's important in those conditions, as one of my colleagues proffered, that those artists, the local artists, have an opportunity to work with you to maybe somebody, maybe once a month, allow them the opportunity to showcase, through your committee, to select whoever you may want to exhibit their arts because I think that a lot of struggling artists out there that would have that great opportunity, that is something to inspire for, so once again, I made it very clear that I support this. As a matter offact, when I deferred it, I deferred it out of respect for my colleagues because I think that if we're going to be a great City, we need to have great museums, great parks, great ambience to make Miami what Miami's all about. Now there comes a time when leadership and vision come together to make history. My dear colleagues, the time is today. The vision is there. I pray to the good Lord that we do have the leadership to make this a reality and support this concept, and you know what? Wish you the best to make sure that you, through the oversight that you will have and the conditions that have been proffered we're able to partner up together because you know what? If we don't, we're going to be sending a horrible message out there to anyone who wants to come in and partner with us to whatever project there may be, when we have to put you through this vigorous discussions, and put you through this public display that really isn't what the City wants to do. However, I want to emphasize that oversight is a key issue here; to make sure that the Administration works to make sure that you do what you're supposed to do, andl think that with the conditions that have been proffered here today, you will have the vote to accomplish our vision, to accomplish our goals, which is not only your goal, but our goals to make sure that we do have a great place to showcase throughout the world, so having said that, I think I've second the motion. We're trying to see if there's one Commissioner going to be here. If not, I think we're ready for a vote. Commissioner Sarnoff Mr. Chairman, for a moment. I just wanted to point one last thing out would have liked to have made a part of my presentation, andl apologize. City ofMiami Page 122 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Well, before you do that, would you yield to your --? Let me add to your conditions -- Commissioner Sarnoff OK. Vice Chairman Sanchez: -- and that, of course -- my condition was to have -- I think, fiscal responsibility, and we need to be very prudent on this -- the Administration put together an oversight committee to oversee the project to make sure, as I stated, those three elements are very important; time certain, cost certain, and project certain of the project. Of course, they have already proffered in that agreement that cost overrun, they will -- they -- it will not happen, and if it does, it'll be in their burden, and Commissioner, you stated one that was very important to me, and that's that 17 percent soft costs, and then, of course, you do work with the community, andl want to make sure that we do work with the local artists to make sure we work out a program where, through -- somehow you work with them to promote maybe once a month or local exhibition of artists, and with those conditions, if they're accepted as a friendly amendment, I would support the seconding of your motion. Commissioner Sarnoff And just before we vote, I just wanted to point out to the audience on one thing. One of the things I did was to look at whether there have been any museums built very recently, andl say by that in the past seven years, on a waterfront community, andl was actually quite pleased that Ron Nelson of my office found the Milwaukee Museum, andl provide this to you -- and I'm going to give a -- provide a copy, but this is a museum that they put right at the water's edge, and if you look at the wings on that building -- of course, I am a little bit of the taste police. I like this. If you look at that building, those wings actually come down to guard against them, not for hurricanes, but blizzards, so the windows can be closed in the event of hundred -mile -per -hour blizzard winds, and this museum is a signature for their particular park, and if anybody's curious, their museum cost $121 million to build, and this is an example of a public -private partnership. It was designed by Calvathra, which is the architect, Santiago Calvatra, and he created the first world -class museum inside Milwaukee, and it is their cultural history environment, and it is approximately 100,000 square feet, and it is a beautiful facility, so it can be done on the water, and they equally suffered from a vacuous park; a park and a section of the -- of their real estate that was not used by anyone, so it can be done, and with that, why don't we call the question? Vice Chairman Sanchez: OK. There's a motion and a second. No further discussion on the item. Mr. Hernandez: Mr. Chairman. Vice Chairman Sanchez: Let's make it a roll call. Mr. Hernandez: I'm sorry. If you allow me, just to clam the conditions. Commissioner Sarnoff I'm trying to write them as we speak. Mr. Hernandez: Well -- Vice Chairman Sanchez: All right. Let's -- Mr. Hernandez: No. I wanted to at least maybe elicit what the City Attorney and myself had just discussed to see if we're all on the same page. Vice Chairman Sanchez: Why don't you proffer them for the record so we have an under --? City ofMiami Page 123 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Mr. Hernandez: Prior to the issuance of any monies, the term sheet and the MOU will have to be completed and approved by this City Commission. The other items, like the 40 million in pledges, the 20 percent in cash, the 500 underground spaces of parking, the soft costs not to exceed 17; the formation of the park committee, the museum to maintain the park, the oversight committee recommended by Commissioner Sanchez, the community benefit agreement, also mentioned by Commissioner Spence -Jones; all of those would be part of the MOU. Mr. Fernandez: Yeah, and also another point -- excuse me for interrupting. Commissioner Sarnoff had made the point of not only the maintenance of the park, but also an initial contribution of 12 to $20 million for the improvements and infrastructures of the park. Mr. Hernandez: That's correct. Commissioner Sarnoff What said -- Vice Chairman Sanchez: Whoa. Commissioner Sarnoff -- was an immediate formation -- Vice Chairman Sanchez: No, no, no, no. That's -- you didn't proffer that. Commissioner Sarnoff I said immediate formation of a committee -- Vice Chairman Sanchez: To -- Commissioner Sarnoff -- to raise between 12 and $20 million for the -- Mr. Fernandez: OK. Commissioner Sarnoff -- construction of a park. Mr. Fernandez: For construction of the park, not of the museums. Commissioner Sarnoff No, not of the museums. Mr. Fernandez: Of the parks itself. Commissioner Sarnoff Of the park itself right. Mr. Fernandez: Correct. Commissioner Sarnoff They don't have to have that money in hand. They have to create -- Mr. Fernandez: Sure. Commissioner Sarnoff -- the committee to form -- Vice Chairman Sanchez: Oh, OK. Commissioner Sarnoff I'm not suggesting that they have to have that money there. I'm suggesting that the onus is put upon their committee to create a committee -- it could very well be their committee -- I'd like to be a part of that committee -- to raise between 12 and $20 million for the construction of a park, and the reason being it will probably take in the City ofMiami Page 124 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 neighborhood of $20 million to get a -- maybe not the Cadillac, but the Buick of parks. Vice Chairman Sanchez: All right. Are we crystal clear on those conditions? Commissioner Sarnoff I think -- Mr. Hernandez: Right, so in essence, prior to any issuance of monies, you need to have the term sheet and the MOU approved by the City Commission. The MOU will contain all the other goals and the detail necess -- that goes with each one of them. Vice Chairman Sanchez: OK. Are you comfortable as making the motion -- Commissioner Sarnoff Yes, sir. Vice Chairman Sanchez: -- with the conditions that have been proffered? I think there's no further discussion. The question has been called. Madam Clerk, roll call. Ms. Thompson: This is your roll call on your resolution, as amended. Vice Chairman Sanchez: Yes, ma'am, as amended, for the record. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: And then, Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: We have a quorum. We have a vote of 2/1, and by our vote, it does pass. Mr. Fernandez: Correct. Vice Chairman Sanchez: Yes, it does. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. We will be in -- Mr. Hernandez: Mr. -- Vice Chairman Sanchez: -- recess. Mr. Hernandez: -- Chairman. Vice Chairman Sanchez: We will be back -- [Later..] Chairman Gonzalez: Also, for the record, I had to leave before a vote was taken on the Museum City ofMiami Page 125 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 of Arts [sic], and having heard to the arguments that I heard this morning, and having heard the arguments of the district Commissioner, I was ready to vote in favor of the museum also, so I'm glad that it passed, and I'm sorry that I couldn't be here to support that item. City ofMiami Page 126 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 BC.1 07-00249 RESOLUTION Office of the City Clerk BOARDS AND COMMITTEES A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES:: NOMINATED BY: Commissioner Michelle Spence -Jones (appointed seat) Commissioner Michelle Spence -Jones (elected seat) Commissioner Michelle Spence -Jones (youth member) Commissioner Michelle Spence -Jones (youth member) 07-00249 memo.pdf 07-00249 members.pdf 07-00249 Letter.pdf 07-00249 applications.pdf CONTINUED Chairman Gonzalez: OK. Overtown Advisory Board. Commissioner Spence -Jones is not here. BC.2 07-00506 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones City ofMiami Page 127 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00506 memo.pdf 07-00506 members.pdf CONTINUED Chairman Gonzalez: BC.2, Miami Sport [sic] & Exhibition Authority. Commissioner Regalado, you have one nomination. Commissioner Regalado: Yeah, I do, Mr. Chairman, but I need to ask someone a question; I don't know who. This board has not met in one year -- Chairman Gonzalez: I know, and we need -- Commissioner Regalado: -- so what do we do with a board that doesn't meet -- Chairman Gonzalez: We need to meet. Commissioner Regalado: -- during 12 month? Chairman Gonzalez: We need to meet. Commissioner Regalado: Is it -- by Florida Statute, does a board have to meet more than once a year? Julie O. Bru (Deputy City Attorney): Commissioner, this particular board was created in order to administer funds that are collected by a tax that was imposed by state statute. I would have to look at the ordinance to see whether or not there was a requirement of sunsetting the board, but I'm not too sure if it's still -- it is still administering the funds -- Chairman Gonzalez: Right. Ms. Bru: -- so it still needs to be in existence. By state statute, the board can -- has to continue to exist. The fact -- Commissioner Regalado: Yeah. Ms. Bru: -- that it's not meeting -- Commissioner Regalado: It is -- Chairman Gonzalez: OK. Who -- Commissioner Regalado: -- getting funds. It is -- Chairman Gonzalez: -- can call a meeting on this board? Any one Commissioner or --? Commissioner Regalado: The Mayor is the Chairman. Chairman Gonzalez: Who's the Vice Chairman on this board? Commissioner Regalado: I am -- Chairman Gonzalez: You are. Commissioner Regalado: -- but -- I mean, usually, it's the Mayor that calls the meeting, but the meeting has not been called for one year. City ofMiami Page 128 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: But if the Mayor doesn't call a meeting, you should call a meeting -- Vice Chairman Sanchez: Vice Chair has the authority to call. Chairman Gonzalez: -- and then we should meet, and at least get an update on, you know, what we're doing. Commissioner Regalado: OK. Chairman Gonzalez: How much funds we have on the -- in the agency, you know. Commissioner Regalado: Maybe we have the 50 millions that we need for the tunnel, and we don't know. Chairman Gonzalez: I'm looking for money to complete the Melreese Golf Course project -- Commissioner Regalado: Well, the two millions -- Chairman Gonzalez: -- and that qualifies -- Commissioner Regalado: Of course, that qualifies. Chairman Gonzalez: -- so -- Commissioner Regalado: Two million, remember? Chairman Gonzalez: Yeah. All right. Do you want to make an appointment, Commissioner Regalado? Commissioner Regalado: No. I'll defer this one -- Chairman Gonzalez: All right. Commissioner Regalado: -- because I just want to find out. Chairman Gonzalez: Commissioner Spence -Jones have appointment. She's not here. I will reappoint Eli Feinberg. Priscilla A. Thompson (City Clerk): He will need a unanimous five five waiver for his term limit. Chairman Gonzalez: Yes. He's been in the hospital, and he's been having some health problems, so -- Vice Chairman Sanchez: So defer. Chairman Gonzalez: Oh, we need five votes. Vice Chairman Sanchez: Yep. Ms. Thompson: Yes. Chairman Gonzalez: OK. I'll defer all the appointments, then. BC.3 07-00511 RESOLUTION City ofMiami Page 129 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Guillermo A. Revuelta Chairman Angel Gonzalez Tamara Gort Chairman Angel Gonzalez 07-00511 memo.pdf 07-00511 members.pdf 07-00511 Legal Opinion.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0364 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Guillermo A. Revuelta and Tamara Gort as members of the Planning Advisory Board. Chairman Gonzalez: BC.3, Planning Advisory Board. I believe I'm the only one that have an appointment, right? Priscilla A. Thompson (City Clerk): That's correct. Chairman Gonzalez: I will reappoint Guillermo Revuelta and Tamara Gort. Vice Chairman Sanchez: I would make a motion. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.4 07-00661 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez City ofMiami Page 130 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Joe Sanchez 07-00661 memo.pdf 07-00661 members.pdf CONTINUED Chairman Gonzalez: Equal Opportunity Advisory Board. Vice Chairman Sanchez, you have an appointment. Vice Chairman Sanchez: I would defer at this time. Chairman Gonzalez: OK. I will also defer mine. BC.5 07-00663 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00663 memo.pdf 07-00663 members.pdf CONTINUED NOMINATED BY: Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Chairman Gonzalez: BC.5, Waterfront Advisory Board. Commissioner Spence -Jones has two appointments, but she's not here. BC.6 07-00665 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manolo Reyes Chairman Angel Gonzalez Mariano Cruz Chairman Angel Gonzalez Luis Cabrera Commissioner Tomas Regalado Charisse L. Grant Mayor Manuel A. Diaz Carmen Matos Mayor Manuel A. Diaz City ofMiami Page 131 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00665 memo.pdf 07-00665 members.pdf 07-00665 Memo-Grant.pdf 07-00665 Memo-Matos.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0365 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Luis Cabrera, Charisse L. Grant, and Carmen Matos 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 Luis Cabrera as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to appointManolo Reyes and Mariano Cruz as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chairman Gonzalez: BC. 6, Homeland Defense/Neighborhood Improvement Bond. Vice Chairman Sanchez. Vice Chairman Sanchez: I would defer. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Luis Cabrera. Chairman Gonzalez: OK. Priscilla A. Thompson (City Clerk): He will need a four fifth waiver for absences. Commissioner Regalado: OK. Chairman Gonzalez: Who's that? Luis -- Commissioner Regalado: Luis -- Chairman Gonzalez: -- needs four fifth? Ms. Thompson: Yes. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 132 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Ms. Thompson: I'm sorry. I didn't get a motion -- a second. Vice Chairman Sanchez: I would second that. Ms. Thompson: So -- Chairman Gonzalez: Commissioner Regalado -- Ms. Thompson: -- from Regalado. Chairman Gonzalez: -- made the motion, Vice Chairman Sanchez second the motion, and we have four votes. Ms. Thompson: OK, and then Mayor Diaz has submitted two names for appointment to the board. Chairman Gonzalez: All right. Ms. Thompson: Carmen Matos and Charisse L. Grant. Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Would you move Manolo Reyes and Mariano Cruz for me? Vice Chairman Sanchez: So move both names that have been -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- proffered by the Chair. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.7 07-00677 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Clerk INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Miguel A. Gabela Chairman Angel Gonzalez 07-00677 memo.pdf 07-00677 members.pdf 07-00677 application.pdf 07-00677 Legal Opinion.pdf City ofMiami Page 133 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0366 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Miguel A. Gabela as a member of the Zoning Board Chairman Gonzalez: Zoning Board. Commissioner Sanchez, you have -- Vice Chairman Sanchez, you have -- Vice Chairman Sanchez: Yes. I would like to reappoint -- he will require a five fifth term waiver, so we'll defer. Chairman Gonzalez: All right. I will reappoint Miguel R. Gabela. Commissioner Regalado: Second. I made a motion for the Chairman. Chairman Gonzalez: Is there a second? Vice Chairman Sanchez: Second. Commissioner Sarnoff Second. Chairman Gonzalez: It's a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.8 07-00678 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Constance Johnson Chairman Angel Gonzalez Lyse Cuellar Chairman Angel Gonzalez 07-00678 memo.pdf 07-00678 members.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0367 City ofMiami Page 134 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 BC.9 07-00679 Office of the City Clerk passed unanimously, with Commissioner Spence -Jones absent, to appoint Constance Johnson and Lyse Cuellar as members of the Commission on the Status of Women. Chairman Gonzalez: BC.8, Commission of [sic] the Status of Women. I will -- would you reappoint Constance Johnson and Lyse Cuellar for me, please? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Otto Boudet-Muria Mayor Manuel A. Diaz 07-00679 memo.pdf 07-00679 members.pdf 07-00679 Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0368 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Otto Boudet-Muria as a member of the Orange Bowl Advisory Board. Chairman Gonzalez: BC.9. Vice Chairman Sanchez, Orange Bowl Advisory Board. Vice Chairman Sanchez: I would have to defer. I'm having a hard time getting people to that board because of the residency requirement. Chairman Gonzalez: Commissioner Spence -Jones -- Commissioner Regalado: Is that board meeting, too? No, it isn't. Chairman Gonzalez: It hasn't met in a long time. Vice Chairman Sanchez: Hard to get people. I mean, it's -- Chairman Gonzalez: Not only that, with the problem of the university leaving or not leaving -- City ofMiami Page 135 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: The uncertainty. Chairman Gonzalez: -- and the Marlins coming or not coming, or you know. It's such an uncertainty that it's incredible. I mean, you know. Priscilla A. Thompson (City Clerk): And -- I'm sorry. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The Mayor has proffered a name for appointment. Chairman Gonzalez: Who? Ms. Thompson: Otto Boudet. Chairman Gonzalez: Who -- oh, the Mayor? Ms. Thompson: Yes. Chairman Gonzalez: All right. Is there a motion on Otto Boudet? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion. Is there a sec --? We have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.10 07-00680 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00680 memo.pdf 07-00680 members.pdf CONTINUED NOMINATED BY: Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Chairman Gonzalez: Arts and Entertainment Council. I'm going to defer mine, and Commissioner Spence -Jones is not here. BC.11 07-00682 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE Clerk MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS City ofMiami Page 136 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Orange Bowl Advisory Board of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: of the Mayor's International Council of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: of the Dade County Visitors Industry Voluntary Education Service Training Trust of the Dade League of Cities of the Florida League of Cities of the Greater Miami Convention and Visitors Bureau of the Metro Dade Community Action Board of the Metropolitan Planning Organization (MPO) City ofMiami Page 137 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 of the Miami River Commission of the Tourism Development Council as an ex-officio, nonvoting member of the Miami -Dade HIV/AIDS Partnership 07-00682 memo.pdf 07-00682 History.pdf CONTINUED Chairman Gonzalez: BC.11, Commissioners as members of boards. Bayfront Park Management Trust, Vice Chairman Sanchez serve as Chair; Commercial Solid Waste Management Advisory Board [sic], Commissioner Spence -Jones serve as member. Actually, she serve as Chair on the Solid Waste. Madam City Clerk. Priscilla A. Thompson (City Clerk): Well, looking at my records, I had her listed as serving as our -- just one second, I'm sorry -- as a member of the Solid Waste Management Advisory Committee. Chairman Gonzalez: No. Ms. Thompson: You said she's serving as Chair? Chairman Gonzalez: She was appointed Chair because I was the Chair before her. Ms. Thompson: I'll check that. Chairman Gonzalez: Dade County Visitors Industry Voluntary Educational [sic] Service Training Trust, Commissioner Regalado serve as member. Commissioner Regalado: Yeah, but that has never met in five years, five years. We check. Chairman Gonzalez: Same thing happen to me with some other County board. I'll -- it'll come to my mind. Downtown Development Authority, Vice Chairman Sanchez serve as chairperson; Florida League of Cities, Vice Chairman Sanchez serves as member; Greater Miami Convention and Visitors Bureau, Commissioner Spence -Jones serve as the City representative; Miami International Council, Vice Chairman Sanchez serves as Vice Chairperson; Metro -Dade County Action Board, Vice Chairman serves as the City representative; Metropolitan Planning Organization, Commissioner Sarnoff serves as City representative; Miami -Dade HIV/AIDS (Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome) Partnership, Commissioner Spence -Jones serve as ex-officio nonvoting City representative; Miami River Commission, Vice Chairman Sanchez serves as a member; Miami Sports and Exhibition Authority, Commissioner Regalado serves as Vice Chairperson; Midtown Community Redevelopment Agency, Commissioner Sarnoff serves as Chairperson and Commissioner Spence -Jones serve as Vice Chairperson; Midtown Community Redevelopment Agency, Chairman Gonzalez and Commissioner Sanchez and Regalado serve as members; Orange Bowl Advisory Board, Chairman Gonzalez serve as chairperson; and Southeast Overtown/Park West Omni Community Redevelopment Agency [sic], Commissioner Spence -Jones serves as Chairperson and Chairman Gonzalez serves as Vice Chairperson -- Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: -- and those are the boards. Yes. City ofMiami Page 138 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: -- ifI could just make -- proffer something into the record. Chairman Gonzalez: Yes. Vice Chairman Sanchez: The -- my appoint to Miami -Dade Community Action, I have a letter on file, since June 24, 204 [sic], where I resign from that board, for the record. Commissioner Sarnoff Mr. Chairman, and to Commissioner Sanchez, I'd like to serve and be Chairman of the DDA (Downtown Development Authority). Vice Chairman Sanchez: Commissioner, with all due respect, I have accepted that challenge at the DDA. The DDA is going through a transition. I think that in the last couple of months, we have made progress on that. I am also interested in participating and being president of the DDA, so that would be up to this board to make the final determination. I do respect -- I have the outmost [sic] respect for you. I think that position has never been towards a district Commissioner. It's based on seniority, for the record. Commissioner Gort was the past Chairman of that, and whatl would respectfully request is an opportunity to try to bring transition and bring a change, a positive change with the things that we have proffered. This board knows that we have done that, just not the changing of the bylaws, but the vision that we're implementing, and as a matter of fact, I wanted to -- I didn't want to discuss the item, but since you brought it up, I think that downtown plays a very important role in the economy of our city, and the challenge that I accepted about ten months ago when I first got appointed for the unforeseen reasons that Johnny Winton was suspended, the downtown in itself has gone through a transition period right now. We had been focusing on new vision. Let me share that vision with you. That vision is a world -class, cultural, and urban waterfront experience that we're trying to put forth. We know that it is premier residential neighborhood as it is going through a transition right now that downtown is changing. We also had focused on a workshop that we put together where focus on service -oriented. Downtown is not about development. Downtown is about providing that service -- the DDA to provide the basic services of not only keeping downtown clean, but beautiing it and playing a major role, as it is to -- of our mission to attract new businesses, and that's whatl think that we're heading in that direction. Also, on the new vision, we want to basically focus on a (UNINTELLIGIBLE) recognized business center to attract downtown and promote downtown. Also, we want a compelling urban tourism destination, which we're doing. Let me just say that the budget will be coming in front of you in a couple of months, and we have basically focused -- and for the first time at the DDA, $3.3 million, the largest amount of money, going into capital improvement projects that focus on beautification and services to the downtown. We have put forth programs that, right now, have never been implemented in downtown, and let me just elaborate on some of those. One is the Ambassador program. The Ambassador program, which we did research, and we took it from Jacksonville, is a program where we have people riding in bicycles with walkie-talkies and a very professional uniform. They're not police officers, but they're ambassadors to help tourists that come to downtown, to get information, and guide them in the right direction. We've [sic] also have increased the debt team from 14 to 20 members. These are people that'll be cleaning the streets. These are people that'll be tackling graffiti. This will be people that'll be pressure -cleaning the streets of downtown, and let me just focus on the factors that -- succeed factors that we have. We want to basically focus on a vision of delivering the vision ofMiami's new economy. We realize that we have to focus on a new economy for downtown. Delivering the vision of a new downtown experience, which is a new experience where people will come to downtown and not only feel secure, but see that downtown is a clean downtown, that it's a friendly downtown, a pleasant experience for people to come back and enjoy it. Delivering the vision of a new community, which is very important. The key factor here is also delivering the vision of a new model for working together and more efficiently, andl could tell you this much. The DDA cannot accomplish this by itself. The DDA needs the full support of the Administration. It needs the support of the district Commissioner. We need the City ofMiami Page 139 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 support of all the other agencies that work together there, with the CRA (Community Redevelopment Agency), which we're bringing everyone at the table to work together. We're also delivering a new vision with an economical implementation focus of a new strategy, and that strategy is to build a livable community in downtown, make downtown business friendly, competitive and compelling, and of course, retain and expand the diversity of that economy, so what I would respectfully ask my colleague, since I've been there for such a short period is to allow me that opportunity, and if, in the future, I fail, I have no problem passing over the gavel to you over at the DDA. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes. Commissioner Regalado: It is great to have these plans, but I'm talking from a pers -- from the point of view a person that always -- all I've done in my life is media and public relations and image. I will tell you that downtown is going through what they call in the media or in public relations a public relations nightmare. The different articles, the statement by Macy's president, the stinking building, the malaise shown by all the merchants, it contradicts everything and anything that is being planned andl would think that whoever does that needs the support of all the Commission. I remember that in 1996, Mr. Luis from Miami Today, had a town hall meeting in the Gusman about downtown, andl think that we had another one few month after. It was at that time, because of the situation in downtown, that Johnny Winton became involve in the "abolish Miami" movement, because some people don't want to talk about history or the past, but this is the way it goes, and because of that town hall and the plans and the promises, some people change their minds, and Winton decided to run for a Commission later on, and after that, I guess that Mr. Luis gave up and didn't call for anymore forums, and Commissioner Gort was there for several -- I think until Winton came in in '99, so it'd been -- the area Commissioner had been the Chairman for six years, I think, maybe, butl do think that the DDA has disappointed many merchants, andl hope that something can be done, because like you said, downtown is a citywide issue, andl would like to try to participate. As a matter of fact, no one has ever asked -- the past Chairman or any Chairman, or the DDA -- the help of any members of the Commission, not on this member or the Commission itself but I would tell you that the situation in downtown is not good. It's not good on image. It's not good in reality. It would not get better. You need to show hope to the people that have their hopes postpones [sic] for so many years. The people that are holding the trenches want to leave. Really, there are problems, andl think that a new strategy has to be applied. I don't know -- because what you describe is your vision, but I don't know exactly what is going on. No one has ever asked for help, at least from this Commissioner, not that I -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: -- be important, but I think that everyone should be involved in downtown; the area Commissioner should be involved in downtown, the merchants should be involved in downtown, andl just think that we cannot say there is no crisis in downtown. Vice Chairman Sanchez: Mr. Chairman, ifI -- Chairman Gonzalez: Yes. Vice Chairman Sanchez: -- may address my colleague. Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: I am the first one to say that we do have problems in downtown, but City ofMiami Page 140 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 we also do have a plan in place, and I've been trying to implement that plan. Let me tell you one of the thing first things I did when I was appointed at the DDA. One of the first things I did, I told the board members we weren't going to have a board meeting. We were going to get out of the 29-floor environment and walk the streets because we wanted to go out and see the streets conditions. We wanted to see the environment. We wanted to see people and what their concerns and what their vision was for downtown. I was very disappointed. The plan that we have in place is not going to succeed, folks, ifI don't have, first, the support of my colleagues and this City, and all those that are stakeholders in downtown. We do have a plan in place. We have been working vehemently to put that plan into effect, and for you to remove me within the nine months that I've been there would not allow me an opportunity to accept that challenge, which I have, and it has been a challenge. It was the same challenge that I faced when I was at Bayfront Park when I first took over, that I turned it around. Today, it's a profit -making agency, a trust. It is a very respected trust, and the only thing that I ask is the support of my colleagues to allow me that opportunity to succeed. We are heading if the right direction. The things that have been implemented are working. We have sat down with Macy's. As a matter offact, the Administration has sat down with Macy's. The Manager has sat down with -- the Mayor has sat down with Macy's. We are working. We realize that Macy plays a very important role in downtown, and we are addressing the issue of Lerner building, which you have brought -- and spoke about, Commissioner Sarnoff so we are addressing those issues, andl think you will see changes, and if you don't see changes, I think that's when you will have the -- not only the course to make a motion to have someone else be appointed to that, but not giving me a chance to prove myself, I think it's something that I cannot accept. Now, I accepted that challenge. IfI fail, you guys, which I have the outmost [sic] respect for, have the right to remove me, and as a matter offact, ifI fail, you don't have to remove me. I'll come here and I'll remove myself but I'll tell you this thing. The things that we've done there and where we're heading at, if we all work together, which is the biggest impediment of downtown, having everyone work together, whether you're a member of the DDA or not, to assure that we'll be able to be successful, we all have to work together, and I'm trying to bring everyone to the table. I brought a simple resolution here, andl did not have too much support from my colleagues. That was just the beginning. On the bylaws, I was surprised that nobody brought it out to discuss the item, but could tell you this much. The board is going through a transition. We do have new board members. We do have a vision. We do have a plan. The matter offact is maybe six months from now, if that plan is not implemented and we're not making progress, then you know, I would respect the decision, but I think, after all, it is the will of this board, and it is the decision of this board to appoint whoever the DDA president -- Chairman may be. Judith Sandoval: Could I -- Commissioner Sarnoff Mr. -- Ms. Sandoval: -- ask a question? Vice Chairman Sanchez: Ma'am, this is not a public discussion. Chairman Gonzalez: All right. No, this is not a public hearing. This is a discussion among the Commissioners, OK? Barbara -- Ms. Gomez, I have a question. Because the deterioration of downtown is caused by different factors. I remember when we had a CBO (Community Based Organization) in downtown -- and Josie Correa used to be the executive director of that CBO -- Commissioner Sarnoff Downtown Partnership something. Chairman Gonzalez: -- and they were doing -- Barbara Gomez (Director, Community Development): DMP (Downtown Miami Partnership). City ofMiami Page 141 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: -- a lot of commercial facade, and the downtown -- downtown look different They were painting building all the time; they were doing awnings; they were doing new signage, even the storefronts. Why were the funds taken away from that CBO? Ms. Gomez: The funds were not taken away. HUD (Housing and Urban Development) ruled and met with DMP and stated that they will not allow facade program in the downtown area -- Chairman Gonzalez: Why is that? Ms. Gomez: -- so then the D -- Downtown Miami Partnership created a new program to deal with vacant buildings, so two years ago the resolution between the downtown Miami Partnership and U.S. HUD (United States Department of Housing and Urban Development) was that they would change the type of program that they would do, and they would do a job creation program instead of a facade program. Chairman Gonzalez: Yeah, but did we challenge HUD on their decision not to fund facade program in downtown? Ms. Gomez: We did, and DMP helped us. We met with them, and the ruling came back. They disallowed the past, which that's the beginning of the process, but the understanding was that they would not provide a waiver to the City. Vice Chairman Sanchez: Mr. Chairman, ifI could add. The DDA will be funding the facade program in downtown. It's part of -- it's in our budget, which will come -- Chairman Gonzalez: I believe that is going to help a lot. Vice Chairman Sanchez: Absolutely. Chairman Gonzalez: Because let me tell you. Ms. Gomez: Yeah. Chairman Gonzalez: The most -- the thing that gives the worst image to downtown are -- and this is my personal appreciation, you know, what I have seen. Those metal roll -up doors -- Vice Chairman Sanchez: Horrible. Chairman Gonzalez: -- solid, metal roll -up doors are painted with graffiti. It looks like a war zone. I mean, you know -- Vice Chairman Sanchez: Mr. Chairman, the down -- Chairman Gonzalez: -- there are some other things that could be remedy, and they're a lot easier to take care of but that's one of the biggest problems that you have in downtown. You know, when they close those stores and you drive by and you see all of those roll -up doors down, full of graffiti and all that, you know, that gives a real, real bad image. I mean -- Vice Chairman Sanchez: But -- Chairman Gonzalez: -- and that's very simple to solve. Vice Chairman Sanchez: -- right now downtown is going through a midst of a renaissance, all City ofMiami Page 142 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 right. It's in that time period where you have the development, and the people that are moving in, which would be -- in a couple ofyears, I think you're going to see a difference in downtown of ambience where downtown -- and right now you're starting to see it. You're starting to see people walk their dog. You're starting to see people, you know, play chess in front of Starbucks, like I've seen when I walk downtown with the executive director, so you're starting to see those things, but let me tell you one thing. I want to put this on the record. All of these things, I have inherited, all right. Chairman Gonzalez: I know. Vice Chairman Sanchez: I am taking the leadership role to correct those things and make downtown or the DDA an agency that we could all be very proud of. I've been there nine months. I think that we are heading in that direction. We had a workshop. We do have a new vision. We do have a plan. I think that we need to allow that plan an opportunity, because Rome was not concurred in one day, nor was it built in one day, so with all due respect, I would respectfully request that my colleagues allow me the opportunity to continue to serve on the DDA and prove some ofyour doubts. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff I will, of course, as the junior Commissioner on this dais, accede to the wish wishes of this Commission. I will, of course, accede to the senior Commissioner wishes. I do want to point a few things out, though. Number one, the downtown DDA occupies all of Brickell and all of Brickell Key, which is the better part of 6, 000 voters in my district. They have an expectation and an anticipation that represent their interests and that should do something about what their concerns are. As an attorney, I go to the courthouse twice a week. I see the downtown everyday. I walked, with my wife and two of my colleagues, the $10 million Flagler Improvement Project, which I wouldn't give you $10 for, but that's a different matter. The downtown is not in a state of change. The downtown is in a state of absolute utter decline. Lerner building is the metaphor for what is wrong with the downtown, not that the building is in collapse because the building was in collapse for four and a half years. Four and a half years this City allowed it to remain in collapse. The building next to the most important tenant the City ofMiami now has, Macy's, was in collapse for four and a half years. There are buildings in downtown that have the better part of $150, 000 in liens that we do nothing about. Now, I don't share that -- your vision in the way that you're going to proceed with it. I happen to be a zero tolerance Code enforcement person. I'll say this on the record one last time and as emphatically as I possibly can: This City tolerates and through its toleration, accepts and through its acceptance, encourages what the downtown looks like, so I will accede to the wishes of my Commissioners, but with good caution and warning. You cannot get done what you want to get done with a facade program. You can only do it by enforcing laws against absentee and careless and carefree landlords. Chairman Gonzalez: Well, that, too. Vice Chairman Sanchez: And, Commissioner, what makes you think we're not doing that? Commissioner Sarnoff I know you're not doing it. Vice Chairman Sanchez: Yes, we are. If you look at -- Mr. Legal Attorney, and we have someone from the Legal Department. We're taking every action we can on the Lerner. You couldn't do it quicker than what we're doing. We're taking every action we can on that. The Legal Department can tell you that. The County -- City ofMiami Page 143 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff Four and a half years? Vice Chairman Sanchez: Was I there four and a half years? Commissioner Sarnoff I'm not blaming you. I'm saying four and a half years. Vice Chairman Sanchez: Well, I'm saying nine months since I've been there. We are to a point now where we're taking them to court, and you know -- Mr. City Attorney, step in. Because you know what? Hey, listen, I'm a nice guy. I don't want to take off my gloves for anybody, OK, because I have the outmost [sic] respect for this legislative body, but downtown and itself -- and I agree with you -- has not lived up what it needs to lift [sic] up, downtown, but the DDA, in itself, now, the transition that we're going, we are making progress. We do have a plan in place. Give that plan an opportunity to succeed. Don't fight me all the way. Commissioner Sarnoff No. I -- Vice Chairman Sanchez: You have an opportunity to represent your constituents, whether you're the DDA executive, as their Commissioner. Work with me to try to find these problems, and I challenge -- I challenge you. I challenge the Administration. I challenge the DDA board. I've challenged everyone to help me create -- bring solutions to the problem. You know what? I'm not a Commissioner who sits here, like some of us do -- and I'm not going to name any names; that all they do is criticize, but proffer no solutions whatsoever. I put plenty of solutions out on the DDA, and they'll come to you in that budget. Once you see that budget, it is the first time in the history of the DDA, where $3.3 million are going into capital improvement projects and services. We're taking areas that look like a junkyard and we're going to turn them into nice little parks, OK. We're going to have people out there with uniforms pressure -cleaning the sidewalks, which is -- I don't know if it's ever been done, but it will be done. I want more flowers and trees and buildings. I agree with you on that, but for you to come here and say that you want to be the DDA executive, when you just got here, and it's not based on seniority, OK, and I'm -- it's not based on the district Commissioner. It is on the opportunity thatl have accepted, and you, as respect -- because if you were the guy there, I would do the same for you. I would allow you the opportunity, and if you failed, with all due respect, I would bring that in front of the Commission and say, look, my colleague has not been able to succeed and therefore, you could make an argument. To take this, I just find it completely unacceptable, Commissioner -- Commissioner Sarnoff Well, let me -- Vice Chairman Sanchez: -- with all due respect. Commissioner Sarnoff -- withdraw my request, and we can come back to this in six months. Vice Chairman Sanchez: We could come back with it next week, if you want. Commissioner Sarnoff No. You suggested six months and we'll see a turnaround. Vice Chairman Sanchez: Well, once again -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- it's not up to you, nor to me; it's up to this Commission. Commissioner Sarnoff I understand. I'll withdraw my request. City ofMiami Page 144 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Mr. Chair, if you'll allow me, because this is a very sensitive matter, the issue of Lerner. On Tuesday, we reported that we were working with the City Attorney Office to go through the injunctive relieve process. An assistant city attorney has already contacted the attorneys for Lerner. The attorneys for Lerner stated that they had done a inspection of the building; that it could not be saved; that the plan would be to demolish. They have reached out to the attorneys for Macy's, and they're meeting tomorrow, the attorneys for Lerner andMacy's, and the plan is demolition, and hopefully, after tomorrow's meeting, I'll be able to report more news as to what's happening, butl think that we have stepped up the pressure. Chairman Gonzalez: But let me tell you, Mr. Manager. Let me tell you. I do have to agree with Commissioner Sarnoff on the issue of Code enforcement, OK, because one of the biggest problems that we are seeing in downtown in reference to the buildings in downtown is due to the owners of those buildings and of those businesses. Because they don't care to paint their buildings. They don't care to change those roll -up doors and leave them all full of graffiti. Why? Because probably some of them don't live in the City. They just go there; make them -- their buck; close the doors, leaves, and come back the next morning, roll up the door again, and start making more money, and then close it down, and leave, and we, the City, lack to enforce the codes and to put pressure on these property owners so they start making those buildings look decent, and help the City, help the DDA, and help the district Commissioner, and the entire City ofMiami to have a decent downtown. Let me tell you, they have been -- they have citedl don't know how many buildings in Allapattah, and the owners there, they get a citation, and they get a $250 fine, you know, daily, until they paint their buildings, and you -- guess what? People go out there right away; they buy the paint; they paint it themselves, or they do whatever they have to do, but they clean up the area, and go down on 20th Street and look at all the commercial buildings on 20th Street, and we talking about 450 businesses on 20th Street; same thing on 27th Avenue and 22ndAvenue, OK. That's the way to do it. I mean, if people don't -- if they don't care, then we have to do our job and enforce the Code, and make people understand that we care about what happens in that area, and we're not doing that, and if we're doing that, we're not being efficient doing that, and there is so much that DDA can do, and there is so much that the district Commissioner can do, and there is so much that this Commission can do in reference to that. That's why we have loads [sic] and that's why we have codes, and that's why we have, you know -- Vice Chairman Sanchez: Commissioner, the hardest challenge that we have been faced on this transition plan that we have is getting cooperation from everyone, OK, andl want to make that very clear. From the City administration, finally, we have people that are sitting at the board -- they're sitting with us to work with us. Code Enforcement is working with us, and we do have -- and we have implemented plans and now are starting to head fruition, but Commissioner, you're going to be back here in six months, I know it, and let me tell you something. I want to bring this up because, you know, I tend to be -- I try to get along and be diplomatic as everybody, but you know what? Since you got here, your office, through the underground, have been trying to do everything you can to the DDA to try to get you appointed as Chair, and I'll tell you this much. No, no, no. You even had one of your staff members -- and we'll put it on the record -- contact a lady who did the facade program, and they told her, "If you support Marc Sarnoff, we'll give you the funding." I don't know if you're aware of that, but certainly will not have anybody from my staff trying to do those things. " Commissioner Sarnoff I am not aware of that, and that person -- just give me the name. That's not an appropriate thing for anyone to say. City ofMiami Page 145 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: I will give you the name. Commissioner Sarnoff I -- well, I hope you do. Vice Chairman Sanchez: Right now, or do you want it in person? Commissioner Sarnoff You could put it out right now; I don't care. Vice Chairman Sanchez: I'll give it to you in person. Commissioner Sarnoff OK. Commissioner Sarnoff I mean, I am not actively doing anything, other than -- for instance, when the Miami Herald calls me up and says, "Commissioner Sarnoff, did you speak to Bacardi prior to them leaving?"And they said because -- "as the head of the DDA," and said, wait a minute. I'm not the head of the DDA. There's an expectation of me, as the district Commissioner, thatl am to take care of the entire district. I'm just suggesting to you, Commissioner Sanchez -- Vice Chairman Sanchez: So should Bayfront Park also be yours? Commissioner Sarnoff I didn't ask for Bayfront Park. Vice Chairman Sanchez: I'm telling you. I'm just saying it as district wise. Commissioner Sarnoff I'm suggesting to you that what read in the paper and the meetings I had with Macy's, and when I went to the Greater Miami Chamber of Commerce Convocation that they had last weekend, there is such a thrust on the downtown, there is such a despair in the downtown, whether it's -- Vice Chairman Sanchez: Commissioner -- Commissioner Sarnoff -- D -- let me just finish. Vice Chairman Sanchez: -- then I -- Commission Sarnoff You -- Vice Chairman Sanchez: -- suggest that instead of working against me, why don't you work with me? Commissioner Sarnoff I've never worked against you, that I know of. I mean, I'm not aware that we're in a competitive process. The first time I have ever asked to go on the DDA is right here. I have done nothing to undermine the DDA. Chairman Gonzalez: All right. Next item. Commissioner Regalado: I just want to say something because it looks that we -- I, personally, have not tried to cooperate. When I said several minutes ago about that town hall meeting, I offer myself many years ago, andl was instrumental in designing a campaign from downtown Miami, paid by the merchants. There were billboards "Come Back to Downtown, " and it didn't work because no one help to fix the streets and to clean the garbage and all that. I have -- Vice Chairman Sanchez: Jesus Christ. City ofMiami Page 146 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: -- never, ever been asked by no one in the DDA or the Chairman -- the past Chairman, Commissioner Winton, to attend the meeting, to be brief on the DDA. In fact, I have never been brief in the DDA, until we have all these ordinance that we support -- that I support to change the board, never; never the DDA, not in your watch, not in Winton's -- much less in Winton's watch, so I'm offering my help. I don't know what I can do, but to say that we have not cooperate, I think is unfair. It is the DDA, like you said, the arrogance of the 29th floor, that -- do they live where -- I mean, it's a -- they have a -- must have an office on the 29th floor. I've never been there. I'm sure that they have a great office, and it pays a lot of rent, but I have never been invited, never ask, not in your watch, not in seven years that Winton was the Chairman, so I'm ready. I'll go. Vice Chairman Sanchez: It's a public hearing -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- and all of you will be invited to every meeting from now on, plus you'll be briefed on just about everything we're doing at the DDA. Chairman Gonzalez: All right. Next item is -- Vice Chairman Sanchez: It's a public meeting. Chairman Gonzalez: -- D2.1. Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Chair, are we --? Vice Chairman Sanchez: No, no. I mean, after all this, Commissioner Sarnoff, you're not going to make a motion to appoint me? Chairman Gonzalez: Yes. Ms. Thompson: We have a list -- Commissioner Sarnoff I'll -- sure, I will make a motion to appoint you. Commissioner Regalado: Second. Chairman Gonzalez: You have a motion for what? Commissioner Sarnoff To appoint him as the head of the D -- Commissioner Regalado: Downtown -- Chairman Gonzalez: Well, I would -- Commissioner Regalado: -- Development Authority -- Chairman Gonzalez: -- no, no, no. Commissioner Regalado: -- Chairman. Chairman Gonzalez: No, no. No. If we're going to go into appointments, then I think we need to have a full Commission here, OK. City ofMiami Page 147 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: All right. Chairman Gonzalez: Let's wait until we have five Commissioner on the dais, and then we'll bring it, and we make a motion, and if it pass, it pass. If it doesn't pass, it doesn't pass, but let's make sure that we have five Commissioners here. [Later...] Commissioner Sarnoff Last thing, Commissioner -- I'm sorry, Mr. Chair. A few moments ago, Commissioner Sanchez made an accusation that my office had done something inappropriate. I conducted a survey of my office members a few minutes ago. On behalf of my staff and myself, as the District 2 Commissioner, we categorically deny any improper behavior regarding anyone's request to insert me as the head of the DDA (Downtown Development Authority). Perhaps, Commissioner Sanchez, through an inaccurate conversation from an unrelated, possibly disgruntled third person, may have misheard something, andl would certainly understand that, but I want to make something categorically clear on this record. The only place I've ever sought to be head of the DDA was about ten minutes ago here, andl accept the fact that it is not something that's for me for now today, butl do not go around undermining any Commissioner or any Chairman other than whatl think is an appropriate response, andl have never done that, andl will not allow anyone from my office to do that. Vice Chairman Sanchez: Well -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- Commissioner, I was in my office, and after hearing that, we're going to clear the record straight, because tomorrow at the DDA, we will get this straightened out, and it was advised to me that one of your board members -- one of your staff members, Burt, contacted Rosie the -- Josie, who does the facade program with the gentleman, and she advised that he told her that if he -- they supported you for the DDA, they would get funding but we'll clear that tomorrow -- Commissioner Sarnoff OK. Chairman Gonzalez: Very good. Commissioner Regalado: Mr. Chairman -- Vice Chairman Sanchez: -- andl can assure you that my staff would have never done that. BC.12 07-00684 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Clerk INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erie Rodriguez Mayor Manuel A. Diaz City ofMiami Page 148 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 07-00684 memo.pdf 07-00684 members.pdf 07-00684 Nominations.pdf 07-00684 Resumes.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0369 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Erie Rodriguez as a member of the Community Relations Board. Chairman Gonzalez: All right. Let's take D2.1. Priscilla A. Thompson (City Clerk): BC.12. Commissioner Sarnoff You know what, Mr. -- Chairman Gonzalez: What about BC.12? Ms. Thompson: That's an -- board appointment. Chairman Gonzalez: BC.12 continues to be -- Ms. Thompson: Yeah. We have BC.12 and BC.13. Chairman Gonzalez: All right. BC.12 is Community Relation [sic] Board. Ms. Thompson: And we have a memo -- Chairman Gonzalez: It's a Mayor's nominations. Ms. Thompson: Yes, and the -- Chairman Gonzalez: OK. Ms. Thompson: -- Mayor has nominated Erie Rodriguez. Chairman Gonzalez: All right. Can someone move for the Mayor's --? Commissioner Sarnoff I'll move. So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.13 07-00681 RESOLUTION City ofMiami Page 149 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00681 memo.pdf 07-00681 members.pdf CONTINUED NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Joe Sanchez Chairman Gonzalez: And BC.13, Miami Street Codesignation Review Committee. I'm deferring my appointment. Commissioner Sanchez has an appointment. He's not here. Commissioner Regalado has one term waiver. Commissioner Regalado: Huh? Chairman Gonzalez: You need a four -- a five fifth vote, so -- Commissioner Regalado: Where is that? Chairman Gonzalez: -- we can't do that one. Priscilla A. Thompson (City Clerk): For Yves Fortune. He was appointed -- Chairman Gonzalez: Yeah. Ms. Thompson: -- May 10, 2007, but he's served more than the eight years, so he'll need a five five term -- Chairman Gonzalez: We need five votes -- Ms. Thompson: -- limit waiver -- Chairman Gonzalez: -- to reappoint him. Ms. Thompson: -- so we'll bring that back at the next regular meeting for you. Chairman Gonzalez: I have the same problem in one of my boards. Commissioner Regalado: OK, but it wasn't here. Ms. Thompson: On your memo. Commissioner Regalado: Oh, but it wasn't on the agenda. That's why. Ms. Thompson: Right. It's on the memo. OK. City ofMiami Page 150 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 DISCUSSION ITEMS DI.1 07-00724 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 07-00724 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer items CA.10, RE.7, RE.14, RE.15, and DI.1 to the City Commission meeting currently scheduled for July 10, 2007. City ofMiami Page 151 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 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 07-00760 DISCUSSION ITEM AS A RESULT OF THE STATE OF FLORIDA IMPENDING AD VALOREM TAX REVENUES CUTS, DISTRICT 2 REQUESTS A DISCUSSION DIRECTING THE CITY MANAGER TO REVIEW ALL CITY DEPARTMENTS BUDGETS WITH THE GOAL TO FIND COST SAVINGS. 07-00760 Cover Email.pdf CONTINUED Chairman Gonzalez: All right. D2.1. Commissioner Sarnoff Mr. Chairman, what I will do is I'll defer D2.1, D2.2, D2.4, and just discuss D2.3 for sake of time, and bring them up at the next Commission meeting. D2.2 07-00761 DISCUSSION ITEM DISCUSSION REGARDING KEEPING AN INVENTORY OF CITY PROPERTY VALUED AT LESS THAN $1000. 07-00761 Cover Email.pdf CONTINUED [For minutes related to Item D2.2, please see the minutes of Item D2.1.] D2.3 07-00762 DISCUSSION ITEM DISCUSSION ON BRINGING TRADITIONAL SERVICES BACK TO THE NET, WHICH HISTORICALLY INCLUDED: FILING OF POLICE REPORTS, APPLICATION FOR HOMEOWNERS PERMITS, AND IMPROVING 311. 07-00762 Cover Email.pdf MOTION A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Spence -Jones absent, to direct the Administration to complete a study of the services that can be brought back to the NET (Neighborhood Enhancement Team) offices to provide more and better services to the City ofMiami Page 152 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 communities in the five districts of the City ofMiami; to be brought back within 30 days, at the City Commission meeting currently scheduled for July 10, 2007. Chairman Gonzalez: So you want to take -- Commissioner Sarnoff D2.3. Chairman Gonzalez: -- D2.3? Commissioner Sarnoff Yeah. Chairman Gonzalez: OK. You're recognized for D2.3. Commissioner Sarnoff Thank you, Mr. Chairman. I'd like to address bringing back what services were traditionally brought at the NET (Neighborhood Enhancement Team) historically, which included the filing of police reports, applications that could be done for permits for homeowners, and improving the 311 system. Simply, with regard to services and police reports back at the NET, I know there was a program at one time -- Mr. Manager, I realize that we had PSAs (Public Service Aides) on staff at the NET, and it may not have been the most cost-effective way, but I'm not absolutely convinced that it requires a police officer to take a report. I know that there are now 116 police departments across the United States that allow you to fill out a police report online. That means by the Internet. I know that there are 150 police agencies that do not require a police report be filled out by a police officer. What goes on in the Upper Eastside is that the folks who live in Belle Meade, Palm Grove, Shore Crest, have to go all the way to Overtown to fill out a police report; something as simple as "my bike was stolen" to something as complicated as "my car was stolen, " and don't know that, andl don't know that that's not something we could not accomplish at the NET. I certainly believe the City ofMiami should and could be on the fore of these 116 cities that allow for Internet filing of police reports. I've been told, of course, by the police that that would provide for fraudulent claims, and that somehow, sitting across from a uniformed police officer discourages you from filing a claim. I don't know that that's true or untrue because I guess, if you're going to lie, you could just as well lie to a police officer as you could lie to a NET administrator as you could lie to a Commissioner. I don't know the validity of that argument. I would ask you, once again, to consider bringing the ability to report a crime -- simple crime back to NET. I would also ask you to revisit and consider something which is not going to be considered by the Police Department, which is the filing of police reports online. We're not that different than San Francisco. We're not that different than Los Angeles. We're not that different than Phoenix. I could go on and on. Our molecules are basically the same. We might be a little warmer down here, but otherwise, we're people. I don't think we're that different that we can't do it the way other cities do it. Chairman Gonzalez: I have to agree with you, and what you're doing now -- what you're trying to do now is something that tried to do probably three years ago, and Commissioner Regalado was here, and he knows that I tried to bring back all of these services to NET when they tried to dissolve NET. To be honest with you, I don't know what NET does today, but that's beside the point. I mean, I think that the concept of NET was created so many years ago for the purpose of having what they call a mini City Hall in each neighborhood where residents could go and get services and file police reports, and you know, take care of their problems without having to go out of their neighborhoods. Well, this present Administration consider that that was wrong. They didn't agree to that, and they dissolve it, and they took the inspectors -- they centralize the inspectors and took away all the services that were provided at NET, so you don't have to convince me. I mean, you're -- Commissioner Sarnoff Yeah. Mr. Chairman, the two happiest -- City ofMiami Page 153 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: You're preaching to the choir. Commissioner Sarnoff -- days I was a citizen in Miami that I thought the City ofMiami served me: One was about eight years ago when they created NET, and if I'm wrong, it was six years, but it was a while ago, and when they brought all the services there, and two, was when we got the garbage cans, those great big garbage cans. Chairman Gonzalez: Right. Commissioner Sarnoff I thought to myself, wow, the City really gave us something. Commissioner Regalado: Well, actually, NET was created in the late '80s, when there was supposed to be mini City Halls, and they had the NET directors and they had -- what NET does now is outreach with the people, but I think it's important if we can sort of have the possibility of filing police reports at NET, because whenever -- I just gave the City Attorney a resident whose car was damaged by a dump truck of the City ofMiami yesterday, and we went there today and took pictures. They call the police, and the police said, "You have to come to Flagler and 22nd to file a police report," and they live in Flagami, way there, and they're very elderly disabled persons, so they couldn't go, so we had the pictures of the damage and the truck and all that. If we can only get NET to serve as -- like in the past, we have some NROs (Neighborhood Resource Officers) that could take care or we just hire more -- Chairman Gonzalez: PSA. Commissioner Regalado: -- assistant, PSA. To have a PSA sitting there to field calls and police report, we will be giving a tremendous service to the residents. I do want to say something about 311 because -- andl see Hector there. I -- everything that has to do with communication interests me, so I went to 311 headquarters, andl took a full tour, several hours; talked to every operator on that shift, of course; went through all the departments; saw how they field calls. Several month ago and weeks ago, people were complaining about the City ofMiami because they weren't able -- once you call 311, the County operator refers you to a phone. Some of the people call back because they only will get a voice mail in Solid Waste or in Building. Now, I can say that Building is responding because the amount of complaints have decreased completely. Building is responding with a person. What some of the operators suggested is that the Building Department could have the same program that the County has. What it is is that the contractors can go online and look and says, inspector so-and-so is the one that is coming to see me. He is now, at 10:15 a.m., at location so and so and so. He has (UNINTELLIGIBLE) this one, two, three more locations to go before he gets to you, so the contractors can go and do something. What the people are complaining, residents and contractors alike, are complaining to 311, is that they don't know who the inspector is or when he's coming because they don't have the access to that information. It's a suggestion. I don't know. We have spent so many millions of dollars in ITD (Information Technology Department) thatl think it's possible to use some of that money to do that service. I would love, Mr. Manager, for you to come with me to 311. I know, personally, a lot of people there. They're good people, very, very good people, and they have the service, but I'm telling you, some -- I was present -- have gone crazy trying to help residents of the City ofMiami because everything we do, we say call 311, and when the people call 311, you get, boom, bounced to a voice mail, and then they call back to 311 and said, I tried to call. They have not -- I couldn't talk to anybody. What do I do? So it is -- and, of course, there were some numbers that were out of order on the list that the 311 operators gave from the City ofMiami. I'm just telling you this by personal experience. I think that 311 is a great service, but it does need to get the City to do more in terms of information, in terms of being more proactive. Maybe we can direct the calls to the NET office, where there're always people. I don't know, but -- Hector, I don't know if you're -- know what -- City ofMiami Page 154 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Chairman Gonzalez: But let me tell you. Commissioner Regalado: -- I'm talking about. Chairman Gonzalez: It's up to us to decide what we're going to do, and you know, it's for you to make a motion, and you know, what you want to see done and get the votes that you need on the Commission, and then change the system, because in reality, we are the one -- andl keep saying that over and over and over -- that are on the line of fire out there, and the people complain to us, and the people -- you know, and rightly so. I mean, they have the right to complain if they're not being provided the services they -- that they deserve and that they pay for, so -- Pedro G. Hernandez (City Manager): Mr. Chairman, iflmay. Chairman Gonzalez: -- it's up to you. Mr. Hernandez: You know, reference the blue page item by Commissioner Sarnoff, I totally agree with you, and my goal is to really try to provide as many services as we can at the neighborhood level at the NET office. I'll work with David right here next to me to ensure that somehow we need to be able to provide the ability for someone to report a police case at the NET office. That's why we have them there -- Chairman Gonzalez: Why don't you direct the Administration -- Mr. Hernandez: -- and there may be other things that we can do. Chairman Gonzalez: -- the NET director -- Mr. Hernandez: We need to increase the level of service at that point. Chairman Gonzalez: -- to do a study on what services they can increase in the NET office, and based on that, you make a motion to change the system? Commissioner Sarnoff You know, let me -- I hear the Chairman. I think he's got a good motion, and I'm going to let him voice the motion to -- let me give you a concept that I've been trying to bring to bear. It's very nice to be on the 29th floor, and it's great to be in the MRC (Miami Riverside Center) building, but the seat of government is right here. This is the most in -your -face democracy I've ever seen in my life, andl would challenge any city in the United States to have a more -- and maybe City ofMiami Beach might have a more in -your -face democracy because they don't go through a metal detector. We're the ones that essentially have to deal with every complaint. The Chairman is so dead right. When 311 doesn't work, it's our fault. It not your fault; it's our fault. When they have to go to Overtown and fill out a police report, it's my fault. When they can't get a homeowner's permit to do -- whether it's removal of a tree or to put a small insignificant amount -- improvement to their house, it's my fault that NET once did that and no longer will allow them to do it, so let me give you a concept. I'm going to coin a phrase; maybe you'll like it; maybe you won't. It's called "Miami on the Streets. "It's not Miami at the MRC building. It's not Miami of the second floor. It's Miami on the streets. Chairman Gonzalez: That's right. Commissioner Sarnoff It's the concept I wanted you to think about when we talked about the Grove. We talked about the PAC (Performing Arts Center). We talked about even Commissioner Sanchez's area, about putting a kiosk out there, putting Code Enforcement City ofMiami Page 155 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 officers. It's Miami on the streets. You want to go a little further? Miami on the streets for you. It not about us hiding behind desks and floors, 29th, MRC buildings. The people want to see -- you know, this is a great -- think about this. Everybody's complaining about their taxes, and they know how much more money the City of Miami's taken in. It is -- we can't hide that. We're a $350 million city that's a $508 million city, and next year we might be a $558 million city, and God willing, we'll be a 608 million city, and they say to themselves, but gosh, I don't see you guys out there anymore. Where are you? What are you doing? Well, we just increased another floor to the MRC. Didn't you notice? We built three more stories. Well, what do you do up there? I don't know; I don't go, you know, and I've been to the MRC building three times. How about not being in buildings? How about being on the streets? Nine pleasant months out there. We don't happen to be in those nine pleasant months now, but let's be on the streets. NET concept was to break away from being -- it's nothing more than the street. It's just a small part of the street. The kiosk was a smaller part of the NET. The idea is for everyone to feel like that's my city. That's my employee. That's the guy that's Code enforcing. There's my police officer. It's being out there. I mean, eyes and ears on the streets. We talked about that for the Miami Art Museum. We talked about doing that project. Why is it good for that park? Because we're putting eyes and ears on the street. NET is just part of the equation ofMiami on the Streets. Making it -- you know, as we crunch traffic, as we build these buildings -- andl'm not getting into merits of that, but as traffic increases, people don't want to travel. They want to go to the NET. They want to go to the -- four or five blocks away, I got a police report. Four or five blocks away, I need to take down a tree. Four or five blocks away, you know, the guy across from me is dumping on my property, andl'm -- I think -- here's what I'm saying. We were better at that seven years ago -- Chairman Gonzalez: Than we are now. Commissioner Sarnoff -- than we are today. I mean, I can say that to you, andl don't mean that disrespectfully to anyone. We were better -- I remember meeting Haydee Regueyra, my first NET administrator or -- yeah, she was a NET administrator. I mean, it was like, wow, you could do so much at the NET office, and then there was this like removal of all these services, and then some services have come back, I admit some, but it never seemed to me to get back to the level -- andl see the Chairman nodding, and he's a real community guy. It never seemed to get back to that level it once was, and there may be valid reasons for it. I haven't really heard them. I heard that they got too -- there was too much of a rapport with the neighborhood and that's why Code Enforcement came out of there, and -- I'm not suggesting Code Enforcement go back in there just yet. That may come. I resisted doing it because you told me reasons it's not wise to do it. I'll accept those reasons June of 2007. Mr. Hernandez: But that's not tied to the services. We should be able to provide those services irrespective of Code Enforcement. Commissioner Sarnoff And you know, I shouldn't have brought that in, but my point being -- number one, I've done 311. It is -- I hate to talk in exactitudes -- it's a failure. 311 does not work. You may have a tracking system, butt have done it four times since I've been Commissioner, and all get is somebody's voice mail, andl never got a phone call returned, so if you think 311 is working -- I have no idea why it doesn't work. It -- it's a great concept. 911, 311, great concept. Something -- there's a disconnect, so let me give you my criticism of 311. The last thing I'll say is bringing simplicity back for homeowners' permits of simple things. You might tell me they've been there all along; it doesn't feel like they've been there because most of my constituents don't think it's there, andl'm going to leave the motion to the Chairman, who think will make a better motion than me. Chairman Gonzalez: And let me tell you, I just want to add to that, that right here, we have one inspector sitting in the back that has been in Allapattah for I don't know how many years, but City ofMiami Page 156 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 when the NET inspectors were at the NET office, you know, in the -- in designated areas, there was more pride because they were constantly in the neighborhood, and they had owner ship of the neighborhood, and they were -- they knew exactly the spots where people were dumping garbage, where people were doing illegal things. Am I right or wrong? And since they knew the area, they will target those areas, and let me tell you, they did a tremendous job in Allapattah years ago cleaning up that neighborhood because they were familiar with the area. They had, like I say, ownership of the neighborhood where they work at. They saw the business people everyday. They had contact with the business people, with the residents. It was totally different Yeah, I know what you heard. You heard that, you know, well, you know, because then they get to know everybody and everybody get to -- so what? Are we supposed to be enemies of the residents or are we supposed to be friendly with the residents? What do we want to do? Write tickets right and left? Or do we rather work with the residents and encourage them to comply with the codes and to be good residents and good neighbors? I think that's what we want to do. Now, if we want to have a profit -making operation here, then it's different, OK, butl did work a lot with the NET office and with the inspectors at the NET office for many years, and let me tell you. I can tell you that it was different Now they have inspectors from the south going to the north, from Little Haiti going to Little Havana, from Grapeland going to downtown, from downtown -- so the inspectors, there is no ownership. There is no, you know -- I mean, you send me here; I go andl give a ticket and that's it, and -- but you know, there is no -- there is not that sense of pride of the neighborhood that they work on for so many, many years, OK, andl know, the numbers are fine. You're going to stand there and tell me that you write a lot of tickets, OK, but we were just minutes ago talking about downtown Miami, andl don't even want to -- say here, you know what? I don't want to go into NET. I don't want to go into Code enforcement inspectors. I had a tremendous good day today. I don't want to finish damaging my day today, OK? Mr. Hernandez: Commissioner, I just wanted to balance the record, that's all. Chairman Gonzalez: OK. Unidentified Speaker: OK, Commissioner. Chairman Gonzalez: Don't push the button because I'm very -- Commissioner Regalado: OK. Chairman Gonzalez: -- very disappointed. Commissioner Regalado: So the question -- Chairman Gonzalez: Very disappointed, OK? David Rosemond (Director, Neighborhood Enhancement Team): Mr. Commissioner. Commissioner Regalado: -- is -- one question, so the question is, are we going to have a NET office for the Coral Way area? Because we didn't -- we don't have a trailer because the Manager asked me to pull the item. Mr. Hernandez: Well, in essence, that provides more people on the streets. Commissioner Regalado: Huh? Mr. Hernandez: By not having the building, it provides more eyes on the streets, and they -- that's what you wanted, in essence, right -- City ofMiami Page 157 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: No. No, no -- Mr. Hernandez: -- to be there all the time? Commissioner Regalado: -- no, no, no. See what's happening with the Coral Way NET is what used to happen with the police stables, exactly the same thing. When inspectors and -- because Coral Way NET was the site for Code Enforcement so people understand that it doesn't have to do anything with NET, but the south part was house in -- so the inspectors go out, but at the end of the day, they have to go back to MRC. Mr. Hernandez: No, that's not correct, sir. Commissioner Regalado: It's not? They don't never [sic] go back to any office? Mr. Hernandez: They don't have to go back to MRC on a daily basis. Commissioner Regalado: They are working in their car? Mr. Hernandez: Yes. Commissioner Regalado: In their car, but they have to come back to MRC. I don't know if all of them have to or some of them have to, but the fact that to go back to MRC from Flagami, it takes a lot of time and work, so I'm just saying that we need to have a place to house the Coral Way NET. I'm just saying that we need to streamline the 311 service. I'm just saying that -- and the 311 is a good service, like Commissioner Sarnoff says, but we still have gaps and holes throughout the City, andl can prove it to you. I can take you there, Mr. Manager, and you know, I don't know if -- I'm sure that you have visited several times the center; I have. I have several times, and I understand what they do and what they cannot do. I do think that NET office are underutilized. That's what think, andl think that the Chairman is correct in seeing this cross people going this way and that way. You work one week in -- near the Palmetto and then the next week in Little Havana, andl understand the reasons. The reason is to avoid the contamination to -- so they don't get to befriends with the people, but guess what? What the people really want most is to have a police officer that knows the area and go by -- Mr. Sarnoff, how you doing, sir? And go by Angel house and say, Angel -- forget he's a Commissioner. Mr. Gonzalez, hey, how you doing, sir? And knows the bad guys and knows the good guy, and this is what used to happen in the past with Code Enforcement. Like he said, I remember. I mean, I'm getting old and I'm getting old here, andl remember Code Enforcement. I call one of them and say, I know that family, every Wednesday throws away trash right after the truck has gone by. I know them. I have warned them. I'm going to cite them. They knew the person by name. Chairman Gonzalez: They knew by name. Commissioner Regalado: By name, so you know, you guys -- that's all that we're trying to say. Chairman Gonzalez: All right. My motion is going to be, David, directing the City Manager to direct the NET director to do a study of the services that can be brought back to the NET offices, you know, and be very open-minded, and you know, what you think that we can be doing at the NET offices to provide more and better services to our communities in our districts, and then once you have that, I think you -- you know, that won't take you long. I think that, within 30 days, you can -- Mr. Rosemond: Exactly. I'm sorry. IfI may speak. David Rosemond, NET administration. We're doing exactly that, Mr. Chairman, andl cannot disagree with any of the objectives that you're City ofMiami Page 158 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 trying to reach. Let me just say that, in terms of the police report, I'm sorry that there's no one here from the Police Department to be able to respond to your request. Having the PSAs at the NET office was a factor of a grant that was received by the Police Department, but I am told from Deputy Chief Frank Fernandez that they are looking at how they can provide that services in absence of that additional dollars, so we will continue to work to provide that service so that everyone who may wish to do so can come to a NET office to file a police report. I understand the Police Department's concern of having individuals sitting there not doing anything except waiting, so there will have to be some understanding of exactly how we can integrate those functions and still not be wasteful in terms of resources to the community, but we want to obtain exactly that. With regards to the permits, one of the things that is happening is that we're finding ourself [sic] in a process of moving to a very automated process. A lot of the permit that used to be done by hands, et cetera, we are in the process of integrating with the land use software, et cetera, but we will be happy to tell you exactly how well these things are working. We are doing more permits today than we used to do before, and it may just be, as Commissioner Regalado may point out, a matter of perception; that people do not feel that they can come to the NET office to obtain a particular permit. If you cannot get it from the NET office, at least you can begin it at a NET office. We will be able to provide them with instructions, the paperwork, and begin the process. Those things that cannot be done at the NET office at least can be started at the NET office. They may not be finished at the NET office, but we -- would be started at the NET office, but we will be happy to come back with a full study, and to look at exactly what kinds of services have been provided in the past as compared to what we intend to provide in the present, not in the future, but today. Chairman Gonzalez: All right, so will you please bring us back -- Commissioner Sarnoff Yeah. We -- Chairman Gonzalez: -- a program that can we -- that Commissioner Sarnoff can sponsor and us vote on it and implement? Mr. Rosemond: Absolutely. Chairman Gonzalez: Improving the services and adding services to the NET office? Mr. Rosemond: Absolutely. Chairman Gonzalez: And then Code Enforcement, who knows? We may take that -- Commissioner Sarnoff Make it there someday. Chairman Gonzalez: -- one day. Mr. Rosemond: Let me just respond to Commissioner Regalado. We will have a -- as you know, the Coral Way office was burned. It was not by purposely that Code Enforcement not there, but we are looking at other properties where we can again have what we had at -- in -- on 12th Avenue, so we are addressing all of those concerns. Chairman Gonzalez: All right. Thank you. Commissioner Sarnoff Do you want -- I do that by motion or we --? Chairman Gonzalez: Yeah. I need a second. Commissioner Sarnoff OK. There's a motion. Do we have a second? City ofMiami Page 159 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Commissioner Regalado: Second. Commissioner Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Passes unanimously. D2.4 07-00782 DISCUSSION ITEM DISCUSSION REGARDING THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND THE RECENT ARTICLES IN THE MIAMI HERALD. 07-00782 Cover Email.pdf CONTINUED [For minutes related to Item D2.4, please see the minutes of Item D2.1.] DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 160 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 NON -AGENDA ITEMS NA.1 07-00846 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE HEALTH STATUS OF JACK BLUMENFELD, FORMER MEMBER OF THE CITY OF MIAMI COMMUNITY RELATIONS BOARD, WHO RECENTLY UNDERWENT OPEN-HEART SURGERY. DISCUSSED Chairman Gonzalez: Let me -- I just receive a call -- for those that know Jack Blumenfeld, who work a lot with our -- one of our boards -- Pedro G. Hernandez (City Manager): Community Relations. Chairman Gonzalez: -- he -- Community Relation [sic] Board. He went under open-heart surgery yesterday, and he's doing fine. I just got a call from the hospital. Jack, in addition to being my personal attorney, is a close friend of mine for almost 30 years, so for all of those that know Jack, he did a tremendous job as -- on a volunteer basis for this City, and he's a great, great man, so -- Vice Chairman Sanchez: And we'll keep him in our prayers. Chairman Gonzalez: -- we're all praying for him, yeah. NA.2 07-00851 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mirta Guerra -Aguirre Commissioner Regalado Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0370 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Mirta Guerra -Aguirre as a member of the Health Facilities Authority Board. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Regalado: I was asked by the City Attorney's Office to appoint someone for the Health Facilities Board. That's because my appointee resigned, so -- and they need to meet, and City ofMiami Page 161 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 -- I don't know what. Anyway, I'm proffering the name ofMirta Guerra as a member of the Health Facility [sic] Board. Chairman Gonzalez: All right. There is a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. Commissioner Sarnoff Motion and -- sorry. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. NA.3 07-00811 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, FOR Tomas Regalado THE "PORTRAITS BY DELIO REGUERAL", PHOTOGRAPHY EXHIBIT BEING HELD AT THE TOWER THEATER ON JULY 13-29, 2007; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones R-07-0363 Chairman Gonzalez: Pocket items. Commissioner Regalado: I have -- Chairman Gonzalez: Any pocket items? Commissioner Regalado: -- one. This is a resolution of the Miami City Commission authorizing the allocation of funds in an amount not to exceed $1, 000 for the portraits of Delio Regueral. This is a photography exhibit being held at the Tower Theater on July 13 through July 29; allocating funds from the District 4 special events nondepartmental account code. So move it. Thank you. Commissioner Sarnoff So move -- do you need a motion? Chairman Gonzalez: He made a motion. Commissioner Regalado: I made a motion. Chairman Gonzalez: He need a second. Commissioner Sarnoff I'm sorry. Second. Chairman Gonzalez: We have a second. All in favor, say "aye." City ofMiami Page 162 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 The Commission (Collectively): Aye. NA.4 07-00847 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE CITY OF MIAMI LOBBYING TEAM IN TALLAHASSEE, FLORIDA. DISCUSSED Direction by Commissioner Regalado to the City Manager to provide a report on the amount of funds expended during the regular and special session of the State Legislative for lobbying on behalf of the City ofMiami. Commissioner Regalado: My -- one last question to the Manager. I understand that the City has a lobbying team in Tallahassee, as we speak. Who are the members of the lobbying team? Pedro G. Hernandez (City Manager): Commissioner, I'm going to have to call you back to give you the specific names, but I know it's part of the, you know, Ron Book, Pittman, folks from Akerman Senterfitt. Chairman Gonzalez: Ignacio? Mr. Hernandez: Well, Ignacio's from our office. Commissioner Regalado: Yeah, from the -- (UNINTELLIGIBLE) -- is Linda Haskins still in the lobby --? Mr. Hernandez: She's working as a sub to Akerman Senterfitt. Commissioner Regalado: OK, and can we get a report of -- Mr. Hernandez: Yes. Commissioner Regalado: -- how much was spent in the regular session and this special session in lobbying in behalf of the City ofMiami? Because I guess that the only thing that the lobbying team of the City did was focus on the tax -- Mr. Hernandez: Well, I think that besides that, we were very successful as a whole in obtaining other things for the City, other issues -- Commissioner Regalado: Well, most of the -- Mr. Hernandez: -- and bringing in funding. Commissioner Regalado: -- same -- most of the things were vetoed by the Governor -- Mr. Hernandez: Well, I'll -- Commissioner Regalado: -- at least that I remember three of the things that were obtained by the City were vetoed by the Governor, but the point is it is important to let the people know, you know, what we did as a City and how much we spent of the people money in this special session dedicated to tax reduction, and I think -- I hope that we can -- if you can send that information to us -- Mr. Hernandez: I'll -- City ofMiami Page 163 Printed on 6/26/2007 City Commission Meeting Minutes June 14, 2007 Motion to Adioum Commissioner Regalado: -- I really appreciate it. Mr. Hernandez: -- send it to all Commissioners. Commissioner Regalado: Thank you. Mr. Hernandez: Be happy to. Thank you. Chairman Gonzalez: Can I have a motion to adjourn? Vice Chairman Sanchez: Motion to adjourn. Commissioner Sarnoff Yes, to adjourn. Commissioner Regalado: Thank you. Chairman Gonzalez: Second. Commissioner Sarnoff Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Have a good night. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 164 Printed on 6/26/2007