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HomeMy WebLinkAboutCC 2007-08-01 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Wednesday, August 1, 2007 9:00 AM Special Meeting 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 August 1, 2007 CONTENTS MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES ORDER OF THE DAY Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 1st day of August 2007, the City Commission of the City ofMiami, Florida, met at its special 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: 40 a.m. and adjourned at 1: 26p.m. ALSO PRESENT: Julie O. Bru, Deputy City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning. Welcome to the August 1, 2007 special 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, and Julie Bru, Assistant City Attorney. The meeting will be opened with a prayer by Vice Chairman Sanchez, and the pledge of allegiance by Commissioner Sarnoff. Please all rise for the invocation. Invocation and pledge. NO MAYORAL VETOES Chairman Gonzalez: OK, also I need -- I'd like to report that we don't have any vetoes from the Mayor's office. Pamela E. Burns (Assistant City Clerk): No vetoes. Chairman Gonzalez: All right. Thank you. Chairman Gonzalez: All right. Today we don't have any protocol items, and we're going to go straight into the agenda. Hopefully, if everything works out OK, what I'm planning on doing is to stay here until -- continue the meeting until 1 o'clock to see if we can finish the agenda so we don't have to come back in the afternoon maybe for one or two items, so if that's all right with all of you, that -- those are my plans. Vice Chairman Sanchez: Mr. Chairman, from your lips to God's ears. Chairman Gonzalez: All right. Commissioner Sarnoff I was going to say, and the Chairman will be providing lunch, correct? Chairman Gonzalez: I will be providing lunch, yes. CONSENT AGENDA CA.1 07-00902 RESOLUTION City ofMiami Page 3 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF A CHEMICAL/PESTICIDE SPRAYER TRUCK, FROM ENGINE & ACCESSORY, INC., IN THE TOTAL AMOUNT NOT TO EXCEED $49,265, AND THE PURCHASE OF A PORTABLE CEMENT SILO, FROM ZIMMERMAN INDUSTRIES, INC., IN THE TOTAL AMOUNT NOT TO EXCEED $26,309, FOR THE DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED $75,574, FROM FISCAL YEAR 2006-2007, ACCOUNT CODE NO. 38000.201000.664000.0000.00000. 07-00902 Legislation.pdf 07-00902 Summary Form.pdf 07-00902 Recommendation and Approval Form.pdf 07-00902 Award Sheet.pdf 07-00902 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0431 CA.2 07-00903 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONSENT TO AND TO ACCEPT AN ASSIGNMENT OF THE UNIFORMS, CITYWIDE, BID CONTRACT NO. 04-05-081 PURSUANT TO SECTIONS 1.6 AND 1.73 OF SAID BID CONTRACT, FROM JULES-BROS' UNIFORMS, INC., TO THE FECHHEIMER BROTHERS COMPANY D/B/A HARRISON UNIFORMS OF MIAMI A/K/A HARRISON UNIFORM COMPANY UNDER THE SAME TERMS AND CONDITIONS. 07-00903 Legislation.pdf 07-00903 Exhibit.pdf 07-00903 Summary Form.pdf 07-00903 Power of Attorney.pdf 07-00903 Contract Performance Bond.pdf 07-00903 Contract Performance Bond 2.pdf 07-00903 Letter.pdf 07-00903 Fax.pdf 07-00903 Letter 2.pdf 07-00903 Master Report.pdf 07-00903 Pre-Legislation.pdf 07-00903 Pre -Summary Form.pdf 07-00903 Recommendation and Approval Form.pdf 07-00903 Award Sheet.pdf 07-00903 Tabulation Sheet.pdf 07-00903 Cashiers Check.pdf 07-00903 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0432 City ofMiami Page 4 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 CA.3 07-00904 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED JUNE 18, 2007, PURSUANT TO INVITATION FOR BIDS NO. 28030, FROM NORTH AMERICAN FIRE EQUIPMENT COMPANY, INC. D/B/A NAFECO, INC., MUNICIPAL EQUIPMENT COMPANY, LLC., AND TEN-8 FIRE EQUIPMENT, INC., FOR THE PURCHASE OF FIREFIGHTING EQUIPMENT, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00904 Legislation.pdf 07-00904 Summary Form.pdf 07-00904 Award Form.pdf 07-00904 Award Sheet.pdf 07-00904 Tabulation Of Bids.pdf 07-00904 Invitation for Bid.pdf 07-00904 Application to Register.pdf 07-00904 Corporate Details.pdf 07-00904 Annual Report Details.pdf 07-00904 Corporate Details 2.pdf 07-00904 Corporate Name.pdf 07-00904 Articles of Incorporation.pdf 07-00904 Certificate.pdf 07-00904 Detail Entity.pdf 07-00904 Annual Report.pdf 07-00904 Detail Entity 2.pdf 07-00904 Annual Report 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0433 CA.4 07-00915 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Administration SPECIAL REVENUE FUND ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") VIOLENT CRIMES AND DRUG TRAFFICKING ORGANIZATION AND APPROPRIATING FUNDS, CONSISTING OF TWO GRANT AWARDS, FROM THE SOUTH FLORIDA HIDTA, IN THE AMOUNTS OF $30,000 AND $5,000, FOR A TOTAL GRANT AWARD IN THE AMOUNT OF $35,000' AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARDS. 07-00915 Legislation.pdf 07-00915 Summary Form.pdf 07-00915 Letter.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 5 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0452 Direction by Commissioner Sarnoff to the City Manager to create a program whereby photographs and details of felons arrested repeatedly are distributed in the City through its NET (Neighborhood Enhancement Team) Offices along with community -based and homeowner organizations. Chairman Gonzalez: All right. Commissioner Spence -Jones, CA.4. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. Is there anyone from Police at all here or --? It's really more -- this is a law enforcement based type grant, correct? OK. I just want -- I just needed to get some clarity on the areas in which this -- is this a long-standing grant that we have? Mr. Chairman, you might need to turn it on. Chairman Gonzalez: Oh, I'm sorry. Robert Ruano: Robert Ruano, director of Grants and Sustainable Initiatives. Yes, this is a renewal. HIDTA (High Intensity Drug Trafficking Area) is something the City's been getting for a very long time. This money is, particularly, for the Model City area for overtime and for drug trafficking, for police officers to deal in drug trafficking. Commissioner Spence -Jones: So these are the -- these are just additional dollars that's put into the area to make sure we address the issue of drugs happening in the --? What -- who -- I just have to ask a question. What -- how was a determination made that Liberty City needed it over another area? Mr. Ruano: That's probably a question -- Commissioner Spence -Jones: Only reason why I'm saying, I could just -- I mean, I can tell you just clearly, and anybody sitting here will -- that has passed through Overtown in certain parts of Overtown will tell you that clearly there's definitely an issue with drugs happening in the Overtown area, so I didn't really understand -- if I had a choice as a district Commissioner of where I'd like to see the resources go, it clearly would be in the Overtown area where we're having a serious issues with drugs, so I'm just -- and that why I -- Mr. Ruano: OK. Commissioner Spence -Jones: -- really, it's really -- Mr. Ruano: That -- Commissioner Spence -Jones: -- more of a question -- Mr. Ruano: -- and that's -- Commissioner Spence -Jones: -- of the Police Department -- Mr. Ruano: -- yeah, that's -- Commissioner Spence -Jones: -- how do we determine that -- Mr. Ruano: -- not a determination that I'm -- City ofMiami Page 6 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Spence -Jones: -- Model City -- not to say that Model City doesn't need any support from that perspective, butt have a serious problem with drugs in Overtown -- Mr. Ruano: Yeah. Commissioner Spence -Jones: -- and l just wanted to understand why Police chose that. Mr. Ruano: Yeah, and I'm sorry, that's not a question that can answer. I didn't make that determination. Commissioner Spence -Jones: And then the other part of that question, which you can't probably answer either, is what was the results of this happening, having this type of additional support in the area? I mean -- Mr. Ruano: OK. Again -- Commissioner Spence -Jones: -- so, Mr. Chairman -- Mr. Ruano: -- I'm sorry. I guess -- Commissioner Spence -Jones: -- because I can't -- Mr. Ruano: -- we'll wait for a police. Commissioner Spence -Jones: -- get a clear answer on a project that's going to be really affecting my district, is there any way --? Chairman Gonzalez: Is the Police Chief here? Commissioner Spence -Jones: Or anybody from Police. Chairman Gonzalez: Is the assistant chief here, Deputy Fernandez? Mr. Hernandez. No, they're on their way, Mr. Chairman. Commissioner Spence -Jones: Can --? Chairman Gonzalez: All right. Why don't we -- Mr. Hernandez: We could pass on the item, if you desire? Chairman Gonzalez: -- table this item until the chief or the deputy chief are here? Commissioner Spence -Jones: Thank you, Mr. Chairman. [Later..] Chairman Gonzalez: All right. CA.4. Chief I believe Commissioner Spence -Jones have some questions for you. Commissioner Spence -Jones: Yes. Deputy Fernandez, I just wanted to get clarity on CA.4 regarding the grant that we received. The first question was -- I asked him and he couldn't really answer it -- what -- how was the area determined -- how did you determine Liberty City over Overtown for the -- this particular project, this grant? Is it -- andl was told this is an ongoing grant that is -- how long has this project has been in existence where we've been having City ofMiami Page 7 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 the Overtown -- overtime program? Deputy Chief Frank Fernandez: Frank Fernandez, deputy chief Miami Police. Commissioner, to respond to your question, this is a HIDTA grant monitored by them. We have to report to them once a month with our leads, with our arrests, if you will, direction in which the investigation is going. That is confidential. Commissioner Spence -Jones: Right. Deputy Chief Fernandez: In terms of how long it's been existing -- Commissioner Spence -Jones: Yeah. Deputy Chief Fernandez: -- I could tell you we just recently closed another case, but we have multiple ones going on. Commissioner Spence -Jones: OK. Deputy Chief Fernandez: This actually branches off into Little Haiti, Model City, and Overtown. Commissioner Spence -Jones: OK, so that -- so you just cleared it up -- Deputy Chief Fernandez: OK. Commissioner Spence -Jones: -- because what I -- when I asked Robert, Robert couldn't really answer. I was told -- it was communicated that it was really for the Model City area, so you're saying these dollars'll actually hit all three of those areas? Deputy Chief Fernandez: Hits all three of the areas, because what I could tell you is that these subjects that we are investigating do not -- I'm being very careful with my words because, obviously, this is being televised, and we don't want to -- Commissioner Spence -Jones: Yeah, andl don't need to know the details -- Deputy Chief Fernandez: -- disclose our position, but whatl can tell you is that they do not centralize in one particular neighborhood. They have fractions that go off into -- Commissioner Spence -Jones: Other areas. Deputy Chief Fernandez: -- different parts. Commissioner Spence -Jones: OK, and the reason I asked you -- I'm sure you know that there has been a serious rise in issues of murders happening in -- throughout my district. Little Haiti, Liberty City, and especially Overtown, in the last month and a half, the number of murders thatl have had with young people or just people period has been outrageous, so for me, when I saw this grant award and understood that we've been doing this for a while now, and we have some resources that -- which is not a lot -- are made available to assist in this arena, I could not understand why I'm seeing so much violence happen in Overtown, and so much drugs on the streets in Overtown if we have resources to do that, so I would like to at least -- you know, not wanting to have to have the details because I understand this is critical information, but I would like to understand what the results have been because of this grant. Deputy Chief Fernandez: I'd like to provide you with a quick snapshot because it's a very good point you bring up. It's one that's very important to Chief Timoney and the entire staff and we are equally concerned. We have seen a significant concern with violent crimes in Model City, City ofMiami Page 8 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Little Haiti, and Model City [sic] -- Commissioner Spence -Jones: Overtown, you mean. Deputy Chief Fernandez: -- and Overtown, and in one particular case -- I'll tell you, you mentioned Overtown. We just had a homicide at 1 Court and 14th Street. That individual that was murdered had been arrested 15 times for sale of cocaine by the Miami Police Department. The offender on that case had been arrested 35 times for the same thing. In one particular case, in Operation Difference, I would tell you that we started off the operation. We arrested a seller for sale of cocaine to undercover. The operation continued. That afternoon, the officers noticed the same subject that we arrested was back out again. We sent in a different undercover, arrested him again, the same subject for sale of cocaine two times in one day. Just last week, we caught a subject selling, armed trafficking. We put him in jail. That afternoon, he was back out on the street in the same corner. This was a subject selling narcotics with a gun. We caught a subject yesterday sitting on top of an AK-47. They dropped the charges. I -- Commissioner Spence -Jones: So -- Deputy Chief Fernandez: -- and I would pose a challenge to anyone that find me a drug dealer in Overtown that the City ofMiami Police officers have not arrested. You know, I think everybody has a little piece of the pie of that responsibility, and I'm here to tell you that the officers are doing an exceptional job. Just alone in Little Haiti, we just finished up Operation Difference. We made 160 arrests, 160. Last month, we did it in Overtown. Two hundred and forty arrests in Overtown. We average about 380 arrests a month in Overtown alone; about an additional 320 in Little Haiti. Commissioner Spence -Jones: So, Deputy Chief you know, and that goes to my exact point. You know, if -- I would like to at least understand well, then, what are the true results if we have a grant to do some of this additional work to assist in the area and obviously it's not working, then that means we need to try something different, andl know that you andl have been talking at least for the last two years and at least for the last year regarding the issue of cameras in certain areas, and I came back from Chicago and talked to you and the Chief regarding issues of trying a pilot project in those areas that's working in a lot of the public housing in those cities, and it was communicated to me at that particular time, even on the dais, that we would be looking at utilizing those cameras to have that happen. I think that we need to try something different instead of doing the same thing over and over again. I do understand that we have an issue with the court system, and that needs to be addressed, but I also think we need to look at it from different approaches. I always have been saying over and over again the dollars that we use from the Law Enforcement Trust Fund, yes, it's important for us to use it for training and all these other things, but we also need to begin to address stuff like prevention and supporting projects that address prevention so that people don't feel that that's the only way out for them, so I would like to at least have a full breakdown -- I'm going to pass the item. It's not an issue today because you provided clarity on it, but I would like to understand what the results have yielded, and what are we going to do different this time so it's not us arresting 200 people in Overtown that are going to be back on the streets again and not having a viable solution on how we end the issue? Deputy Chief Fernandez: Commissioner, ifI may. What could tell you is that in these particular cases, these subjects don't get out. We just finished an operation, for example, where we put in, I think it's over 15 individuals in jail. Those individuals are looking for -- Commissioner Spence -Jones: But when you were explaining -- again, you said they don't get out, but in your explanation this time around -- Deputy Chief Fernandez: I'm referring -- City ofMiami Page 9 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Spence -Jones: -- you -- Deputy Chief Fernandez: -- to the HIDTA. Commissioner Spence -Jones: Right, but that's why it's very important -- andl don't want to spend a lot of time on the issue. We can have a one-on-one conversation -- Deputy Chief Fernandez: Sure. Commissioner Spence -Jones: -- the Commissioners don't have to hear what's going on in my district like that, but the point is, you know, your explanation now was, you know, we put them in jail and they get right back out. Now you're clearing it up. No, some of them, they do go to jail that are doing these type of crimes do stay, so it actually is working on some instances. Deputy Chief Fernandez: Well, ifI may just take a couple of minutes just to explain because I think it does affect all of the districts, and not just exclusive to one. Whatl could tell you is that when we do these HIDTA investigations, these are what we call protracted investigations. They're very lengthy. There's a lot of documentation. We provide a history or a career pattern, if you will, of these subjects to create a case that is -- that they could take to prosecution and withstand the criminal justice system as it stands right now. For example, we just took on over 15 subjects. Those subjects are looking at in excess of 15 to 20 years in jail. They're going to be staying in there for a long time. Their bonds are very high for them to get out. You mentioned prevention and perception. Those are key things that we're extremely concerned about, because we could have our crime rate down, but if people don't feel safe, if they don't see officers coming around in the neighborhood, then that's -- we're not being successful. In terms of prevention and the results, I can tell you there's an area ofMiami Avenue and 54 Street, east of there, also known in the past -- I hate to refer to it like this, but the neighborhoods called the zombie area. That area is clean now. We haven't had an incident there for a long time, and we did it through partnerships with Code Enforcement, partnerships with sanitation and Solid Waste -- Commissioner Spence -Jones: All right. Deputy Chief Fernandez: -- and we see -- Commissioner Spence -Jones: Deputy -- Deputy Chief Fernandez: -- the results -- Commissioner Spence -Jones: -- Chief -- Deputy Chief Fernandez: -- so there are -- Commissioner Spence -Jones: -- I just -- Deputy Chief Fernandez: -- results that are positive. Commissioner Spence -Jones: -- the only reason -- and I'm going to close out on this subject right now so we can continue with the agenda, andl would like to have a further discussion with you on the issue -- Deputy Chief Fernandez: Sure. Commissioner Spence -Jones: -- but you can admit, out of all the Commissioners sit up -- sitting here, when we talking about violent crimes or murders happening over the last six months, City ofMiami Page 10 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 District 5 has definitely been -- is the highest out of all of them? Deputy Chief Fernandez: Definitely, they are the highest, butl will tell you that crime right now is five percent below what it was last year, but we're still concerned. Commissioner Spence -Jones: But you have to admit that we've had a serious rise -- Deputy Chief Fernandez: Yes. Commissioner Spence -Jones: -- of gun violence or murders happening in my district? Deputy Chief Fernandez: Yes, we have. We've had a -- Commissioner Spence -Jones: OK, so that's all -- Deputy Chief Fernandez: -- eight more homicides so far. Commissioner Spence -Jones: Right, so what I'm asking is that we please sit down -- I want -- would like for you to come back to me -- Deputy Chief Fernandez: Yes. Commissioner Spence -Jones: -- with a report on where we are with the cameras that was promised almost a year or so ago. I don't need to know it now, but I would like for you to bring that back to me. Deputy Chief Fernandez: But did make a commitment that the cameras are coming. The cameras are coming. In addition to that, the Chief has authorized T,FTF (Law Enforcement Trust Fund) funds to purchase two additional cameras specifically for Overtown -- Commissioner Spence -Jones: Thankyou. Deputy Chief Fernandez: -- and those things will be coming. Commissioner Spence -Jones: Thankyou, sir. Deputy Chief Fernandez: OK. Commissioner Sarnoff But I'm a little lost, and don't mean to pipe in on this, because if you're making all of these arrests, 235, guy got 35, another one 15, a camera doesn't make an arrest -- Chairman Gonzalez: No. Commissioner Sarnoff -- and you're making the arrest, so you're obviously believing that these -- you have probable cause these people are committing crimes. It seems to me -- and this is always something I've always wanted to talk about on the dais -- the failure when you sit here -- andl look to my left and look at Commissioner Gonzalez and he's smiling because he sees somebody arrested 35 times; pretty high number. It seems that the problem is the criminal justice system -- Chairman Gonzalez: It is. Commissioner Sarnoff -- and it -- it's either liberal judges or judges that don't have jail space, but for a man to get back on the street 35 times doing the same crime -- and ifI heard you correctly, somebody may have beaten the police officer back out on the street after his arrest City ofMiami Page 11 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 because he was arrested twice in that day. Deputy Chief Fernandez: For sale of cocaine. Commissioner Sarnoff Right, for sale of cocaine, andl think you said with a weapon. Deputy Chief Fernandez: That one was not with a weapon. Commissioner Sarnoff OK. Deputy Chief Fernandez: It was another one with a weapon. Commissioner Sarnoff OK, for sale of cocaine. Deputy Chief Fernandez: Yes. Commissioner Sarnoff It seems -- you know, and I'm going to advocate this budget season to actually increase the ranks of the police officers, but it almost seems like you're doing your job; it's -- the ball is being dropped by somebody else. Now, you know, as a village council member, I sat here and had judges stand up here and I asked every one of them this question -- I don't think got an honest answer, but I got the answer -- have any of you ever not put somebody in jail because there wasn't the requisite place? And every one of them said no. Now, I don't think that's a truthful answer, but you know, I have nothing to back that up, but I think it's time -- because we're about to have a budget conference -- that we -- you know, cameras are OK, and cameras may free you up to move to different parts of the city, but it seems to me you're doing your job. It seems to me you're arresting people. It seems to me that people are making bail somehow, some way, and their charges are either being lowered, dropped, but they're not going to jail, and they're not going to jail for any length of time, and deterrence is a different issue, and finding alternatives is a different issue. I mean, to me, it's a -- the three-legged stool, but the leg that you're standing on as a police officer -- as a licensed, uninformed police officer for the state of Florida, it seems you're doing your job, but somebody else is not doing theirs. Commissioner Spence -Jones: Right. Let me just add to that, Commissioner Sarnoff, so that you're real clear on my position on it. By all means, I've received the stats in Overtown over the last year or so about the number of arrests, and we know that there's definitely an issue with the criminal justice system, and the Mayor andl have been talking about -- as a matter of fact, one of the things we did when I first came on board is we had this big press conference with the Chief and everybody, andl believe the State Attorney -- I -- Attorney General -- everybody was there saying what they were going to do to address the issues of drugs through the court system and all of that, and that has not happened, and that was the mapping thing to make sure that the same people are not creating the same crimes over and over again. The cameras concept came from - - again, speaking to the Chief and the deputy chief -- it's about putting more eyes and more visibility on the street so that people know that they're being watched, and it has been successful in other cities to help detour [sic] crime in the area, and it makes the residents feel that there's always eyes on the streets. I can tell you, I just did a -- myself in Overtown, on Monday night -- and you know, Chief 'cause I talked to you about me going. For two hours, I was on the streets with residents in the area just watching the activity that took place. Within that two-hour period of time, I only saw one police officer -- Commissioner Sarnoff Well, I -- Commissioner Spence -Jones: -- and that's neither here nor there. I understand they probably had a lot of other things going on at the time; they couldn't be there, but I'm just simply letting you know, you know -- and hopefully, these 23 new officers that we have will give us the ability to have more, but I think that as you stated, this needs to be a three prong approach. It does not City ofMiami Page 12 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 necessarily just need to be police. It needs to be the court system, police, and the residents involved in this issue, but can tour you any time in my district in Overtown on any night, andl got Overtown residents here right in this room right now that could tell you that we've got a serious issue going on and it's not being addressed. Commissioner Sarnoff And I'm not suggesting it is. I just -- when I listen to a man arrested 35 times, I think about 34 mistakes have been made, so I think about 34 lost opportunities to take this man off the street. It's not his fault, and I'm not suggesting that cameras are not a good thing. I actually see them as being very worthwhile things, especially in the Central Business District in downtown, where you may be able to free up some police officers and move them to more high crime areas. I just -- I -- you know, I just believe that until there are -- there is more prison space and the judges have the ability to put people away, that it's nothing more than like recycling. We get to recycle them for today, then we'll recycle them for tomorrow, and so then he finally commits a heinous crime, and you get to say, well, he had a rap sheet of 47 arrests. Commissioner Spence -Jones: And then, I guess, my opinion is, while I agree to that point, I think it's really important for us to have more jails to prevent some -- to have some of these people off the streets. I also think this we need to put as much energy and time into preventing them from even taking that road in the first place, andl think that that's as -- just as important it is to help rebuild people, rehab them, than to find more jail space for them, so that is really my only point. I think that it needs to be a three prong approach. I think that we need to be focused on trying to make sure that, you know, our kids -- and again, a lot of my kids are being affected by -- 15, 16 years old, these same -- I don't know how old this person was, but usually, they're really, really young, and a lot of times that's the reason why some of these things don't stick, and that's because they don't have anything else to do in these areas. There's nothing offered for them in these areas, so my point is I think that we need to make sure we deal with it from a prevention side of it, too; put just as much emphasis on trying to save them from even taking that route as we put emphasis on putting them in jail. Deputy Chief Fernandez: May I add a couple of points -- Commissioner Spence -Jones: That's my point. Deputy Chief Fernandez: -- just for clarification? In the last three homicides, our officers were on scene before the call came in. That means that they were in the right place at the right time. Commissioner Spence -Jones: Yeah. Deputy Chief Fernandez: The last one, the officer was less than 50 feet away around the corner when the gunshots broke out. Weapons are readily available to kids. It is a trend They're buying assault weapons as if they're going -- as it is a fad that's happening right now; they're very cheap and they're buying them. Our last homicide, they fired 64 rounds. Commissioner Sarnoff Jesus. Deputy Chief Fernandez: They went through walls. We were very, very fortunate that we didn't have a Sherdavia Jenkins again occur. If you remember the little girl in Model City -- Commissioner Spence -Jones: Of course, I remember. Deputy Chief Fernandez: -- we -- and we're very concerned about that, but I will say this: Sustainability in Liberty Square, for example, is there. The officers are inside. You know, we can't be everywhere, and certainly, as the Commissioner was saying, we may be tied up on one call here and there, but just as a point of clarification, in the last three homicides, the officer arrived on scene before the 911 calls came in. In less than 30 seconds, they were on the scene. City ofMiami Page 13 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 We chased the individuals down and we caught them on one case. Commissioner Sarnoff The last three homicides -- Deputy Chief Fernandez: I will say -- Commissioner Sarnoff -- you've caught all three of them, right? Deputy Chief Fernandez: The last three homicides, no. We've caught two out of the last three. Commissioner Sarnoff And of the two, what were their rap sheet? Give me the total it would be. Deputy Chief Fernandez: I'd be more happy to sit with you, butl could tell you that they have extensive pasts for trafficking cocaine. One in particular, where it had been arrested before for attempted murder. Commissioner Sarnoff So -- I mean, this is my point. You -- just a -- my point being to you that you would say to me that both of these individuals should not, in your estimation, have been on the street? Deputy Chief Fernandez: No, they should not, and that's why I pose that challenge. Show me a drug dealer in Little Havana, in Model City, in Overtown that we have not arrested. Show me one. Commissioner Spence -Jones: And can I ask the same question, Chief -- Deputy Chief would you say that one of those individuals was a -- under 21 years old? Deputy Chief Fernandez: Yeah, and you bring up a very good point. Commissioner Spence -Jones: 17, 18 years old? Deputy Chief Fernandez: They're very young. Opportunities need to be there, and that's one thing. They're gravitating towards the street. Commissioner Spence -Jones: I can't -- it's hard for me to throw -- I'm just -- I'm -- from where I sit, it's hard for me not to focus some of the energies on trying to prevent them from going down that road. That's always going to be my position, because I do believe that people take those routes because they feel like they have no other options or there's nothing else for them -- Deputy Chief Fernandez: OK. Commissioner Spence -Jones: -- so while I don't have a problem with more police or don't have a problem with having more jail cell, if you're doing stuff wrong, you should be in jail. That's bottom line, but also think that we do have a responsibility to make sure that we do whatever it takes to make sure kids do not take this route. I didn't intend for C4 -- CA.4 to become, you know, a 30 minute discussion. I just needed clarity on it, but I would like to have a further discussion on what are our next steps to kind of address kids taking these routes, because everybody that you're talking about is somebody's child, whether or not they be 17, 18 years old; it could be my child, so my point in that is I think that it's important that if we're talking about changing the lives of individuals and make our communities better -- because you could take them off the street all day long. Guess what? There's another one coming right up behind 'em. If we don't change the mindset or change what's happening in those neighborhoods, we're going to keep having the same problem. I would like, Mr. Chairman, for us to go ahead and move this item so that we could move to the rest of the agenda. City ofMiami Page 14 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Vice Chairman Sanchez: All right. There's -- Deputy Chief Fernandez: Commissioner, one -- Vice Chairman Sanchez: -- a motion. Deputy Chief Fernandez: -- may I just add one thing? Vice Chairman Sanchez: Please. Deputy Chief Fernandez: One disturbing point. This last arrest that we made, ten -year -old kid trafficking. Ten years old. Opportunities have to be there. We just served 45 search warrants if the last month in Little Haiti. I want to tell you, our officers are doing an exceptional job; they're in the right place at the right time, and they are making the apprehensions, butl would agree with Commissioner Spence -Jones; they need opportunities. They're being gravitated to -- when I see a little ten -year -old boy wanting drugs, that's a major problem. OK. Vice Chairman Sanchez: All right. Commissioner Regalado: Can I say just --? Vice Chairman Sanchez: Commissioner Regalado -- Commissioner Spence -Jones: Yes, sir. Commissioner Regalado: Chief -- Vice Chairman Sanchez: -- you're recognized on the issue. Commissioner Regalado: Thank you, Mr. Chairman, so there's no way we can fix the criminal justice system. It has to be done by State Legislatures, Supreme Court. I mean, the Legislature just ordered counties to fund the court system, which is absurd, but there's no way also that we can build more jails. We don't have the authority in the city, but we can use the community as a leverage. Many communities throughout -- small communities throughout the United States have been using a public campaign. You arrest a guy twice in a day, and the police officer take their picture, put the name; this guy has been arrested twice for selling drugs in such and such a corner. This has been distribute. If we are able to distribute through the police and NET (Neighborhood Enhancement Team) to the community some of the pictures and the details of these people that have been arrested 35 times, 40 times, or 3 times in the day or whatever, I think that, number one, it would motivate the people in the community to be on guard and reject this kind of people, to counsel their kids not to do -- do not go near that guy, and second, it would make them feel better because you see, when you arrest that guy twice on the same day, police units were on the scene twice on the same day, so people around said, wow, they arrested another guy selling drugs, and what's -- and that was the same guy. The perception is that crime is like rampant, and these are a few crooks that are creating the perception that everyone is involved in crime. I would tell you that if we have this system in high -intensity areas -- and I'm speaking on the area also that you know very well, Flagler and 47, Flagler and 51, Southwest 8th Street and 48, with the prostitution, which is the major crime there. If we were to distribute pictures of people that have been arrested, who are a nuisance to the community, people would respond. I'm telling you that people would respond; that the community will talk amongst them and say, you know, we got to get rid of these people. It has happened in the small communities throughout the United States. I will tell you that it is -- the cost is minimal. The distribution can be done by the same police officer, by NET, by the City inspectors that are going around by Code enforcement, so if we flood not only we will shame them, but at the same time, they would -- we City ofMiami Page 15 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 will displace them, because they will go somewhere else because they feel that they're cornered by the community, so I suggest to you -- andl would really like to do it in the area that we have this problem in terms of prostitution, because the people in the area that is affected by this crime, specifically, this crime in our area, believe that we are being invaded by prostitution. The fact is that some of them are arrested at 8 a.m. by your guys, and then she's back on bail at 8 p.m. at the same time. The mapping work. I don't know if it's working now anymore, but I think that by distributing their identities and their pictures to the community, we can make a breach in their ownership of the area, so consider that. Deputy Chief Fernandez: Sure. Commissioner Sarnoff Can that be done? Deputy Chief Fernandez: I might have to defer that to the Law Department. Years ago there was a problem. I'm not sure if that's something -- Commissioner Sarnoff Madam City Attorney -- Deputy Chief Fernandez: -- that -- I'd have to research it. Commissioner Sarnoff -- can that be done? Commissioner Spence -Jones: I mean, they do that in other cities. I've seen them circulate -- Julie O. Bru (Deputy City Attorney): I'm sorry. I wasn't paying attention. What was the question? Commissioner Regalado: The question is -- Commissioner Sarnoff We need you to pay attention when you're here. Commissioner Regalado: -- well, the -- Ms. Bru: I was multitasking. Commissioner Regalado: -- question is very simple: Can the City ofMiami do exactly what the TV (television) stations do when someone is arrested? They show the pictures and their name. Vice Chairman Sanchez: Sexual predators. Ms. Bru: You know, I have looked at this issue before, and don't see any problem with doing that. No. Commissioner Regalado: Of course not. Ms. Bru: No. Commissioner Regalado: If the media does it -- Ms. Bru: No. Commissioner Regalado: -- I mean, when you see a rapist, you see his picture on TV like 40 second, and the name and the address and all that, so that is public, so -- Deputy Chief Fernandez: We'll consider it a legal opinion, and we'll get it done. City ofMiami Page 16 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Sarnoff No. I -- and I think -- I got to tell you. I mean, the point is we're frustrated because we're not the State Legislature, we're not the County, yet, what's the saying? You know, push here, but the impact is right here, so it's in the City. I mean, if there's no prisons, we feel it here. If there's no midnight basketball, we feel it here. If there's no -- the point being, we're the very end of the pen; we're not the pen filler, so let's do what we can do, and if -- I'm not saying that this is going to work, but you know we have so few things we can do to make things work, so I'm going to ask the City Manager to create a program where we can distribute, you know, felony -arrested people out through the NET areas. Get them out to all the community -based organizations, all the homeowners associations. Let's put it on our budget, because I'll make sure that's part of our budget, and let's do what we can do in the City of Miami, as well as midnight basketball and prevention programs. I mean, I know I'm starting a midnight basketball program in the Village West. I don't dispute that, but when you cross the threshold and when you harm somebody with a gun or when you've been arrested 15 times, your ticket's up. Commissioner Spence -Jones: Right. Commissioner Sarnoff You know, your punched ticket's up. You're no longer going to dance in the City ofMiami. Commissioner Spence -Jones: I just want to say, as we move this item so we can go on to another subject, if we can, we do have a campaign that we started that we're already working on called Hot Spots, and it's going to focus on hot spots in the area, from illegal dumping to criminal activity or whatever the case may be. Maybe this is something that could be brought to that working task force that's pulling that together to have them come up with suggestions on how we do or how we address, along with the police, the best way to address neighborhoods identifying people that are creating numerous crimes in their community -- Mr. Hernandez: Commissioner -- Commissioner Spence -Jones: -- so we could look for the police to really make sure that we're not putting somebody on a flyer that might affect an investigation that you may have going on. Mr. Hernandez: -- but it will be another tool that we can add basically to the Hot Spots -- Commissioner Spence -Jones: No problem. Mr. Hernandez: -- program -- Vice Chairman Sanchez: All right. Mr. Hernandez: -- to assist. Vice Chairman Sanchez: CA.4. Is there a motion on CA.4? Commissioner Spence -Jones: So moved. Commissioner Sarnoff So moved. Vice Chairman Sanchez: There's a motion -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones, second by Commissioner Sarnoff. City ofMiami Page 17 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 CA.5 07-00916 Office of Sustainable Initiatives CA.6 07-00917 Department of Police CA.7 07-00918 Department of Police Plenty of discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, we're going to head over to the public hearings. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN INVITATION FOR THE CITY OF MIAMI TO JOIN ICLEI, LOCAL GOVERNMENTS FOR SUSTAINABILITY, AND BECOME A PARTNER IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN, AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 07-00916 Legislation.pdf 07-00916 Summary Form.pdf 07-00916 Pre-Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0434 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS TO THE LAW ENFORCEMENT TRAINING TRUST FUND, IN AN AMOUNT NOT TO EXCEED $75,000; ALLOCATING SAID 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. 07-00917 Legislation.pdf 07-00917 Summary Form.pdf 07-00917 Affidavit.pdf 07-00917 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0435 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE OPERATING EXPENSES FOR THE COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM, WITH THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 07-0012, ADOPTED JANUARY 11, 2007, IN AN AMOUNT NOT TO EXCEED $30,954.44, INCREASING THE EXPENSES FROM AN AMOUNT NOT TO EXCEED City ofMiami Page 18 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 $161,564.23 TO AN AMOUNT NOT TO EXCEED $192,518.67; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191653.534000.0000. 07-00918 Legislation.pdf 07-00918 Summary Form.pdf 07-00918 Pre -Legislation. pdf 07-00918 Letter.pdf 07-00918 Routing Slip.pdf 07-00918 Letter 2.pdf 07-00918 Correction Invoice.pdf 07-00918 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0436 CA.8 07-00919 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY INC., IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 19-690001, ACCOUNT CODE NO. 125000.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 07-00919 Legislation.pdf 07-00919 Summary Form.pdf 07-00919 Affidavit. pdf 07-00919 Certification Applicant.pdf 07-00919 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0437 CA.9 07-00921 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("TENANT') AND COLUMBUS PROPERTIES, INC. A/K/A COLUMBUS PROPERTIES, INC., OF ALASKA, AN ALASKA FOR -PROFIT CORPORATION ("LANDLORD"), FOR THE USE OF THE ORIGINAL APPROXIMATELY 2,585 RENTABLE SQUARE FEET OF ORIGINAL SPACE IN PH-1 B (THE "ORIGINAL PREMISES") PLUS AN ADDITIONAL APPROXIMATELY 1,485 SQUARE FEET OF RENTABLE SPACE IN PH-1 C (THE "EXPANSION PREMISES") FOR A TOTAL OF APPROXIMATELY 4,070 SQUARE FEET OF RENTABLE SPACE OF THE PROPERTY LOCATED AT 155 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, (THE ORIGINAL PREMISES AND THE City ofMiami Page 19 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 EXPANSION PREMISES BEING COLLECTIVELY THE "TOTAL PREMISES"), FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE CIVILIAN INVESTIGATIVE PANEL SUBJECT TO THE FOLLOWING: 1) LANDLORD, AT ITS COST AND EXPENSE, SHALL MAKE CERTAIN CAPITAL IMPROVEMENTS TO THE EXPANSION PREMISES IN ACCORDANCE WITH SPECIFICATIONS OF TENANT; 2) TENANT EXERCISES ITS OPTION TO EXTEND THE ORIGINAL LEASE TERM FOR THE TOTAL PREMISES FOR AN ADDITIONAL FIVE-YEAR PERIOD WITH AN EXPIRATION DATE OF MAY 31, 2013 (THE "AMENDED LEASE TERM"); 3) UPON POSSESSION OF THE EXPANSION PREMISES, TENANT SHALL PAY ANNUAL BASE RENT OF $22.00, PER RENTABLE SQUARE FOOT, OR $2,722.50, MONTHLY, FOR THE EXPANSION PREMISES; 4) COMMENCING JUNE 1, 2008, THE ANNUAL BASE RENT FOR THE TOTAL PREMISES SHALL BE $22.66, PER RENTABLE SQUARE FOOT, OR $7,685.52, PER MONTH, AND THEREAFTER SHALL BE INCREASED BY 3% ANNUALLY FOR THE TOTAL PREMISES FOR THE REMAINDER OF THE AMENDED LEASE TERM; ALLOCATING FUNDS, FROM THE GENERAL FUND, ACCOUNT CODE NO. 12100.950101.534000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. 07-00921 Legislation.pdf 07-00921 Exhibit.pdf 07-00921 Exhibit 2.pdf 07-00921 Exhibit 3.pdf 07-00921 Exhibit 4.pdf 07-00921 Summary Form.pdf 07-00921 Comparables.pdf 07-00921 Pre-Legislation.pdf 07-00921 Division of Corporation.pdf 07-00921 Corporation Name.pdf 07-00921 Letter.pdf 07-00921 Application.pdf 07-00921 Certificate.pdf 07-00921 For Profit Annual Report.pdf 07-00921 Lease Agreement.pdf 07-00921 Floor Plan.pdf 07-00921 Landlord's Work.pdf 07-00921 Janitorial Services.pdf 07-00921 HVAC System.pdf 07-00921 Detail by Entity.pdf DEFERRED Note for the Record: Item CA.9 was deferred to the September 11, 2007 City Commission meeting. CA.10 07-00925 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ANTONIO ALVAREZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $200,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICER, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF City ofMiami Page 20 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 CA.11 07-00926 Office of the City Attorney CA.12 07-00927 Office of the City Attorney LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, RESIGNATION AND GENERAL RELEASE OF THE CITY OF MIAMI AND 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. 07-00925 Legislation.pdf 07-00925 Cover Memo.pdf 07-00925 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0438 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY VITEY GARCON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $70,000, 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, RESIGNATION AND GENERAL RELEASE OF THE CITY OF MIAMI AND 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. 07-00926 Legislation.pdf 07-00926 Cover Memo.pdf 07-00926 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0439 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING DIRECTOR OF FINANCE TO PAY DARIO MISENAS, SUBJECT TO CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, TOTAL SUM OF $67,750, IN FULL SETTLEMENT OF ALL CLAIMS DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE 05002.301001.524000.0000.00000. THE THE THE AND ITS OF AND AND ALL THE NO. City ofMiami Page 21 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 07-00927 Legislation.pdf 07-00927 Cover Memo.pdf 07-00927 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0440 CA.13 07-00928 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 GERALD GREEN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $150,000, 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, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND 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. 07-00928 Legislation.pdf 07-00928 Cover Memo.pdf 07-00928 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0441 CA.14 07-00961 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "EMERGENCY PREPAREDNESS AND RESPONSE DIRECTORATE FOR THE FISCAL YEAR 2007-2008," AND APPROPRIATING FUNDS CONSISTING OF A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $802,500, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, TO CONTINUE THE DEVELOPMENT AND MAINTENANCE OF THE URBAN SEARCH AND RESCUE RESOURCES, TO BE PREPARED TO PROVIDE QUALIFIED AND COMPETENT PERSONNEL READY TO RESPOND TO MAJOR INCIDENTS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City ofMiami Page 22 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 CA.15 07-00972 07-00961 Legislation.pdf 07-00961 Summary Form.pdf 07-00961 Letter. pdf 07-00961 Award Ammendment.pdf 07-00961 Price Cost Schedule.pdf 07-00961 Application.pdf 07-00961 Agreement Application. pdf 07-00961 Summary Sheet.pdf 07-00961 Application 2.pdf 07-00961 Rescue Response System.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0442 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $41,369, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, CONSISTING OF A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST 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. 07-00972 Legislation.pdf 07-00972 Budget Cover Form.pdf 07-00972 Instructions. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0443 CA.16 07-00973 RESOLUTION Homeless Programs A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2007 SUPPORTIVE SERVICES GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $245,093, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A ONE YEAR-PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-00973 Legislation.pdf 07-00973 Summary Form.pdf 07-00973 Letter. pdf City ofMiami Page 23 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0444 CA.17 07-00974 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY, THE UNITED STATES DEPARTMENT OF TREASURY, THE CITY OF MIAMI BEACH, AND THE INTER-AMERICAN DEVELOPMENT BANK 2008 HOST COMMITTEE, TO HOST THE 2008 INTER-AMERICAN DEVELOPMENT CONFERENCE AND THE 23RD ANNUAL MEETING OF THE BOARD OF GOVERNORS OF THE INTER-AMERICAN INVESTMENT CORPORATION; DIRECTING THE CITY MANAGER TO BRING BACK FOR CITY COMMISSION APPROVAL, ANY AGREEMENT SETTING FORTH THE CITY'S FINANCIAL AND/OR IN -KIND CONTRIBUTION TO HOST SAID EVENTS. 07-00974 Legislation.pdf 07-00974 Exhibit.pdf 07-00974 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0445 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: All right. Let's go into the consent agenda. Is there an item that any of the Commissioner wish to pull or the Administration? Commissioner Spence -Jones: Yes. CA.4 for me. Chairman Gonzalez: CA.4 for discussion or you want to defer it? Commissioner Spence -Jones: Discussion. Just clarity. Chairman Gonzalez: OK. Commissioner Spence -Jones: I don't know if there's anyone here, though. Chairman Gonzalez: CA.4. Any other items to be pulled? City ofMiami Page 24 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me? Chairman Gonzalez: Yes, sir. Mr. Hernandez: I would like to defer item CA.9. Chairman Gonzalez: All right. Is that it? Mr. Hernandez: That's it. Pamela E. Burns (Assistant City Clerk): Excuse me. Are we deferring that to a date certain? Mr. Hernandez: It will be deferred to the next regular meeting. Chairman Gonzalez: September 11 that will be, right? Mr. Hernandez: Right, and also, Mr. Chair, talking about deferrals, PH.1 is to be deferred indefinitely, and item DI. 1, which is the financial update and budget outlook, is to be continued. Commissioner Sarnoff What was that? Chairman Gonzalez: Continue DI]. Mr. Hernandez: DI.] -- Vice Chairman Sanchez: Financial -- Mr. Hernandez: -- Financial Update and -- Vice Chairman Sanchez: -- update. Mr. Hernandez: -- Budget Outlook is to be continued. Chairman Gonzalez: Financial Update (UNINTELLIGIBLE). [Later..] Chairman Gonzalez: All right. All right. I need a motion to approve the -- Commissioner Sarnoff So moved. Chairman Gonzalez: -- balance of the consent agenda. We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. City ofMiami Page 25 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 PH.1 07-00869 RESOLUTION Department of Public Facilities 10:30 A.M. PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER, TO ISSUE AN INVITATION FOR BID, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE CITY OF MIAMI ("CITY") OWNED REAL PROPERTY LOCATED AT APPROXIMATELY 100 SOUTHEAST 2ND STREET, MIAMI, FLORIDA (THE "PROPERTY"), MORE PARTICULARLY DESCRIBED AS TRACT "A" OF WORLD TRADE CENTER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 115, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH PROPERTY INCLUDES THE FEE SIMPLE PURCHASE OF THE PARKING GARAGE AND THE CITY'S INTEREST AS LANDLORD UNDER THE RETAIL LEASE AND OFFICE LEASE; ESTABLISHING $49,000,000 AS A MINIMUM BID PRICE; FURTHER AUTHORIZING THE CITY MANAGER TO: (I) EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER OR CODE FOR PURPOSES OF DISPOSING OF THE PROPERTY; (II) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS; (III) NEGOTIATE A PURCHASE AND SALE AGREEMENT; AND (IV) PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR FINAL APPROVAL. 07-00869 Legislation.pdf 07-00869 Exhibit.pdf 07-00869 Exhibit 2.pdf 07-00869 Summary Form.pdf 07-00869 Notice of Public Hearing.pdf 07-00869 Memo.pdf 07-00869 Notice of Public Hearing 2.pdf INDEFINITELY DEFERRED A sign language interpreter translated discussion of items PH.2 - PH.7. PH.2 07-00908 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Development AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALLSTATE BUILDING AND REMODELING, COMPANY, FOR THE REHABILITATION OF A SIX (6) UNIT CITY OF MIAMI OWNED APARTMENT BUILDING LOCATED AT 1371 NORTHWEST 61 ST STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENTS NECESSARY FOR SAID PURPOSE. City ofMiami Page 26 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 07-00908 Legislation.pdf 07-00908 Exhibit.pdf 07-00908 Summary Form.pdf 07-00908 Pre-Legislation.pdf 07-00908 Pre-Attachment.pdf 07-00908 Detail by Entity Name.pdf 07-00908 Pre -legislation 2.pdf 07-00908 Invitation for Bid.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0453 Chairman Gonzalez: All right. PH.1 was deferred. Pedro G. Hernandez (City Manager): Yes, sir. Chairman Gonzalez: PH.2. Commissioner Regalado: No, we can't. Chairman Gonzalez: PH.2. Anyone from the Administration -- Commissioner Spence -Jones: Administration. Chairman Gonzalez: -- on PH.2? Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: 10: 30. Chairman Gonzalez: Oh, I'm sorry. Yeah, 10: 30, you're right. You're right. [Later..] Vice Chairman Sanchez: All right. Let's move on. Let's try to get some of the public hearing items out of the way through -- two through seven, and we do have the translator here, and we are ready. OK, public hearing. We'll go to public hearing number 2, it's a resolution. You're recognized for the record, sir. Alfredo Duran: Yes. Good morning, Mr. Chairman and Commissioners. This resolution is asking for -- my name is Alfredo Duran, assistant director with the Department of Community Development. This resolution is asking the -- for the Manager's authorization to sign into -- enter into an agreement to -- with All State Building and Remodeling Company for the rehabilitation of a six -unit, City -owned property, located at 1371 Northwest 61 st Street. The bid came in. The lowest bid, he was selected, was $224,950. This is to ask for authorization to enter into that agreement. Vice Chairman Sanchez: All right. Is there a motion on the item? Commissioner Sarnoff So moved. City ofMiami Page 27 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Vice Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner -- Commissioner Spence -Jones: But -- Vice Chairman Sanchez: -- Sarnoff. Is there a second? Commissioner Spence -Jones: There's a second, but I -- Vice Chairman Sanchez: Second. Commissioner Spence -Jones: It's a public hearing. Vice Chairman Sanchez: There's a motion for a second. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Sir, state your name and address for the record. Charles Cutler: Charles Cutler, 6116 Northwest 7th Avenue, Veterans Employment Transition Service. Any opportunity that we take to make a pitch for employment -- because we're doing an employment project in the Liberty City area and in the Overtown area, and it's really tough finding jobs, so anything that you can do, sir, in lieu of -- in terms of this project to help us to secure employment for the residents and people in those areas, especially the same young people that we just got through talking about because we do have to come up with alternatives, because make no mistake about it. I live in Overtown, and we have been experiencing a lot of murders over there, andl work in Liberty City, andl work hard for this community, and a lot of these young people, they're looking for some other options, and we have to give them some alternatives, so any opportunities that we have to provide employment, we welcome those opportunities and we look to create partnerships with the Police Department, because I saw something happen very unique over in Key Biscayne. They had some kids that was on skateboards that was damaging property in the area, and the Police Department was ready to start arresting those kids, so what they did was they went to the business community and they explained what the problem was, and they came up with a project to actually build a skating ramp for them, so they built a park so that those kids can skate, so the only thing I'm saying is let's just take that same mindset, because the communities across-the-board, we have a lot of respect for our Police Department because that's our military. That's our frontline of defense, and we want to be able to work with them to be able to open up some doors, because I know that it's very difficult, being a military man myself, but I think that if we work together and that we expand [sic] the same opportunities that's extended to other communities across-the-board, I think we can make a tremendous difference. Thank you. Vice Chairman Sanchez: Thank you. Next speaker. Name and address for the record. Elaine Black: Elaine Black, Liberty City Trust, 4800 Northwest 12th Avenue. We support this project. 1371 Northwest 61 st Street will be renovated. We also support the idea of have -- making sure that residents of our community will be able to work on this project. The goal is to have this project to be used for some type of supportive housing for individuals living in the community, and we are identfing groups at the present time. Thank you. Vice Chairman Sanchez: All right. Anyone else from the public? Seeing no one else, the public hearing is closed; coming back to the Commission for discussion. Commissioner Spence -Jones, you're recognized for the record. City ofMiami Page 28 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Spence -Jones: First of all, I want to thank my colleagues for supporting us on this item. This is -- this happened about six or seven months ago after the shantytown issue, and when we discovered we had right in Liberty City area vacant, abandoned buildings that the City owned, and it was -- a commitment was made. I believe the City Manager did the first four units. We have Better Way that's in there, and families and individuals living in there that are formerly homeless or are at least going through some sort of addiction, and that is a great project. This is the second project that there was a commitment made that these -- this particular building would be rehabbed and would be given to another supportive program. I believe I went to visit one of them while -- as a concept in Commissioner Sarnoffs district, which was called Casa -- Commissioner Sarnoff Casa -- Commissioner Spence -Jones: -- something. Commissioner Sarnoff -- Casa -- Commissioner Spence -Jones: -- for kids aging out of foster care -- Commissioner Sarnoff -- Valencia. Commissioner Spence -Jones: -- and the idea -- we don't have enough programs like this happening within the area, so hopefully, once we rehab the project, this could be made available for one of these organizations in the community. Now, Commissioner -- Mr. City Manager, I'm sure you're not going to put 90 days -- you made a 90-day commitment the last time. You won't do that to yourself this time, right? Mr. Hernandez: No. Commissioner Sarnoff Give him an extra 30. Mr. Hernandez: I think that we pulled it off and that was thanks to staff that made it happen, honestly. Commissioner Spence -Jones: Andl think staff is asking that you don't make a 90-day commitment this time. A hundred and twenty days. Mr. Hernandez: Is a hundred and twenty days a challenge? Commissioner Spence -Jones: Thank you very much for your support. We're very excited about this. Vice Chairman Sanchez: All right. Any further discussion on the item? Hearing none, it's a resolution. The only question that I have is does the Administration feel the company is quaked and do they meet all the requirements as to the insurances? Mr. Hernandez: Yes, sir, we do. Vice Chairman Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.3 07-00909 RESOLUTION City ofMiami Page 29 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING TO Community HABITAT FOR HUMANITY OF GREATER MIAMI, INC.: (1) AN EXTENSION Development OF TIME, UNTIL DECEMBER 31, 2007, IN WHICH TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 7830 NORTHWEST MIAMI PLACE, 7818 NORTHWEST MIAMI PLACE AND 6950 NORTHWEST 4TH AVENUE, MIAMI, FLORIDA (THE "PROPERTIES"), AND (2) AUTHORIZATION FOR THE CONSTRUCTION OF MULTIFAMILY HOMES ON SAID PROPERTIES; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO THE PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY OTHER DOCUMENTS FOR SAID PURPOSE. 07-00909 Legislation.pdf 07-00909 Summary Form.pdf 07-00909 Pre-Legislation.pdf 07-00909 Quit Claim Deed.pdf 07-00909 Quit Claim Deed 2.pdf 07-00909 Quit Claim Deed 3.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0454 Vice Chairman Sanchez: And we move to PH (Public Hearing) number 3. PH number 3 is also a resolution. George Mensah: Good morning. My name is George Mensah. I'm the assistant director for Housing in the Community Development Department. PH.3 is a resolution of the Miami City Commission granting to Habitat for Humanity of Greater Miami, Incorporated an extension of time until December 31, 2007, in which to commence construction on the properties located at 7830 Northwest Miami Place, 7818 Northwest Miami Place, and 6950 Northwest 4th Avenue, Miami, Florida, and also secondly, to allow them to build multifamily units instead of single-family units. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Public hearing. Vice Chairman Sanchez: Is there a motion? Commissioner Sarnoff So moved. Commissioner Spence -Jones: So moved. Commissioner Sarnoff Second. Vice Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Commissioner Spence -Jones, second by Commissioner Sarnoff. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this Commission, please step forward and state your name and address for the record. City ofMiami Page 30 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 PH.4 07-00910 Department of Community Development Anne Manning: Anne Manning, Habitat for Humanity, 2641 Southwest 30th Court. We are simply asking that the deed restriction be changed from single family to multifamily. That change is requiring us to have more time for the -- and that's why we need the extension. Vice Chairman Sanchez: All right. That resolution reflects that. All right. Any discussion on the item? The public hearing is closed. Commissioners? Hearing none, it's a resolution. There's a motion and a second. Commissioner Spence -Jones: I just want to have a comment. Yeah. It's already passed, right? Vice Chairman Sanchez: Discussion. Commissioner Spence -Jones: OK. I just want to say once again to Anne, the Habitat folks, I'm very, very excited about this project that they're doing. This is the first multifamily that Habitat has done in Miami -Dade County, which we're extremely excited about. I also want to say that Elaine Black has been on the job for the last seven months at the Liberty City Trust, and we have 49 houses that are actually going through permitting at this particular time. That is like unheard of 12 houses already built and 49 on its way, so we're clearly excited about Habitat coming to the Liberty City Trust and putting new houses there for ownership. Vice Chairman Sanchez: All right. Call the question. Chairman Gonzalez: All right. Call the question. 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 IN CONNECTION WITH THE ALLAPATTAH COMMUNITY HOUSING PHASE II PROJECT, GRANTING ALLAPATTAH COMMUNITY ACTION, INC., AN EXTENSION OF TIME FROM AUGUST 1, 2007 TO MARCH 31, 2008, TO MAKE THE REQUIRED BALLOON PAYMENT TO THE CITY OF MIAMI, FOR THE $325,000, BRIDGE LOAN APPROVED BY THE CITY COMMISSION ON DECEMBER 14, 2006; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00910 Legislation.pdf 07-00910 Summary Form.pdf 07-00910 Pre -Legislation. pdf 07-00910 Pre-Attachment.pdf 07-00910 Agreement.pdf 07-00910 Description.pdf 07-00910 Map.pdf 07-00910 Letter.pdf 07-00910 Pre -Legislation 2.pdf 07-00910 Bridge Loan.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 City ofMiami Page 31 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 R-07-0455 Vice Chairman Sanchez: PH.4. Chairman Gonzalez: PH.4. George Mensah (Assistant Director, Community Development): PH.4 is a resolution of the Miami City Commission in connection with the Allapattah Community Housing Phase II project, granting Allapattah Community Action, Incorporated an extension of time from August 1, 2007 to March 31, 2008, to make the required balloon payment to the City ofMiami for a $325, 000 bridge loan, which was approved by City Commission on December 14, 2006; further authorizing the City Manager to execute the necessary documents for said purpose. Now, this is a 202 [sic] project. I know the other project -- and staff spoke to HUD (Department of Housing and Urban Development) and HUD did indicate to staff that they are ready to close on this deal, so once HUD close on this deal, the $325, 000 will be given back to the City, so this is a loan. Vice Chairman Sanchez: Public hearing. Chairman Gonzalez: All right. It's a loan. It's a -- Commissioner Sarnoff So moved. Chairman Gonzalez: -- getting -- Commissioner Regalado: Second. Chairman Gonzalez: -- they have approved $9 million from the federal government to build this improvement. Commissioner Sarnoff It's a bridge loan. Chairman Gonzalez: It's -- right, so as soon as they get their check and closing, they will return the money to the City. All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. All right. Seeing none, hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PH.5 07-00911 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development PARCEL REVERTER PROVISIONS, CERTAIN CITY OF MIAMI OWNED PARCELS OF LAND DIRECTLY TO CARRFOUR SUPPORTIVE HOUSING, INC., AS DESCRIBED IN EXHIBITS "A, B AND C," ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 32 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 07-00911 Legislation.pdf 07-00911 Exhibit.pdf 07-00911 Exhibit 2.pdf 07-00911 Exhibit 3.pdf 07-00911 Exhibit 4.pdf 07-00911 Exhibit 5.pdf 07-00911 Exhibit 6.pdf 07-00911 Exhibit 7.pdf 07-00911 Exhibit 8.pdf 07-00911 Exhibit 9.pdf 07-00911 Summary Form.pdf 07-00911 Fact Sheet.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be TABLED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0461 Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chairman Gonzalez: PH.5. George Mensah (Assistant Director, Community Development): PH 5 is a resolution of the Miami City Commission with attachments, authorizing the City Manager to convey, with parcel reverter provisions, certain City ofMiami owned parcels of land directly to Carrfour Supportive Housing, as described in Exhibit A, and the exhibit indicates 5329 Northwest 17th Avenue, and further authorizing the City Manager to execute the necessary documents for said purpose. Carrfour got this property through an RFP (Request for Proposals). On December 19, 2006, the City issue an RFP for certain properties in the Liberty City area. A committee of five people, which included two staff and three community residents, met and reviewed the properties and the proposals, and came to a decision that Carrfour, who was the early bidder for that particular property, can have the property. That recommendation was made to staff and staff are confident that Carrfour has the ability and the capacity to complete this project. This project will consist of 44 units, and in addition to this parcel, Carrfour also has an option to purchase additional property to make this project work, and we're here requiring -- requesting the approval of the City Commission. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Elaine Black: Good morning. My name is Elaine Black, the Liberty City Trust, 4800 Northwest 12th Avenue. We support the development of this project. We participated in the selection. The project was completed -- completely vetted at the committee, and it should make a tremendous difference at the corner of 54th and 17th Avenue. Chairman Gonzalez: All right. Anyone else from the public? DougMayer: Good afternoon. My name is DougMayer. I'm with Carrfour Supportive Housing. We're at 155 South Miami Avenue, in downtown Miami. I just wanted to say that we applied under the RFP process. We're grateful and delighted that we've been recommended for City ofMiami Page 33 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 the property. We went further to acquire additional property, at least rights to additional property next door so that we could build a more substantial development there, and look forward to working with you, the City, in making affordable housing happen there. Chairman Gonzalez: Thank you. Mr. Mayer: Thank you. Chairman Gonzalez: Yes. Good morning. Charles Cutler: Charles Cutler, 6116 Northwest 7th Avenue. I'm the CEO (Chief Executive Officer) of the Veterans Employment Transition Service, and we're also working with Carrfour to create some housing in conjunction with our veterans program, so we have checked them out. They are creditable, and we support the project. Thank you. Chairman Gonzalez: Thank you. All right. Anyone else? All right. Public hearing is closed. It's a resolution. We need a motion. Commissioner Spence -Jones: Yes. I'd like to move it, but I do have a discussion. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second, and we have discussion. Commissioner Spence -Jones: I just want to be very clear, andl -- you know I support Carrfour 100 percent because I do know we need more supportive housing throughout my district. I just want to hear from the City Attorney 'cause I have not been able to get a full straight answer on this. This particular parcel of land, and our executive director knows, it sits really -- it's a gas station now, so my question becomes to my City Attorney, are we sure that we have resolved all of these issues with the owner of the property? Because right now it is a functioning business, so that is my concern on this issue, and I've been asking over and over and over again, andl don't want to waste anybody's time, but there currently is a business operating in this space that is supposed to be our land. Is there --? Chairman Gonzalez: You say there is a gas station there now? Commissioner Spence -Jones: There's a gas station there now that's not functioning as a gas station. It's functioning as a window tinting business there -- Chairman Gonzalez: Do you -- I wonder -- Commissioner Spence -Jones: -- andl -- then my question becomes do we have an agreement with the people that are renting there --? I mean, please explain to me because before we give this to them, I want to make sure this thing has been totally vetted out -- Chairman Gonzalez: Well -- Commissioner Spence -Jones: -- andl have not been able to get an answer yet. Chairman Gonzalez: -- one thing that you need to consider is that the property may be contaminated -- Commissioner Sarnoff Correct, correct. City ofMiami Page 34 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Chairman Gonzalez: -- and that -- those are major words. When you're talking contamination and cleaning up the land, you're talking heavy dollars. Commissioner Spence -Jones: I do know, Mr. Chairman, that the Liberty City Trust, before Elaine got on board, they got a grant, and that was one of the sites that was already cleaned up, so they did clean it up. The problem was they cleaned up land that -- the dispute was how could you clean up land that does not belong to you? So my question is -- andl want to make sure I fully put it on the record, and not taking anything away from Carrfour, but I just don't want to have this happen to come back in front of me as a City Commissioner, so have we fully settled this and we have the paperwork in place saying that the City -- this land actually belongs to the City? Commissioner Sarnoff I'm sorry. Has DERM (Department of Environmental Resources Management) given this a clean bill of health from the gas tanks in the ground? Commissioner Spence -Jones: We need to double-check it because -- but I'm almost sure there was three different gas station sites that we got grants through Economic Development. If Economic Development is here, they could probably respond to that question, because I had three gas station sites that were cleaned. Commissioner Sarnoff Well, you -- yeah, because -- being a private attorney, I've yet to see DERM give a clean bill of health without about a seven-year stack being placed in there, because I'm sure it didn't have fiberglass tanks. I'm sure it had steel tanks. Commissioner Spence -Jones: Is Economic Development here? They're the ones that won the grant. Julie O. Bru (Deputy City Attorney): Commissioner, with respect to the quality of the title that the City may or may not have on these properties, I know that an issue was raised late in the day yesterday or the day before. My office is looking into it. Obviously, we can't convey that which we don't have. Your authorization -- Commissioner Spence -Jones: See, that's why -- Ms. Bru: -- to the Manager to convey these parcels is contingent on, of course, having clear title and marketable title, which is something that'll be finalized before the actual transfer is made. Commissioner Sarnoff My question's a little different My question is if it -- if these were gas stations and they had steel tanks in the ground -- Chairman Gonzalez: Yep. Commissioner Sarnoff -- you're -- I don't know any circumstance ever where DERM has not required at least a remediation stack of seven years. Larry Spring (Chief Financial Officer): The -- Chairman Gonzalez: Me, too. Commissioner Sarnoff Right. Mr. Spring: We -- I respectfully -- Larry Spring, chief financial officer. Commissioners, we need to ask that we bring that information back with regards to the remediation issues. Individual who runs that program is not physically here at this time, so I need a few minutes to contact him, but -- to get back to you on it, but -- City ofMiami Page 35 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Spence -Jones: So -- Mr. Spring: -- with regards to the legal title, I -- all of those issues are fine, as far as the information that we've been provided and that we know. Commissioner Sarnoff Can we table it and get back before the end of --? Mr. Spring: It's -- Commissioner Spence -Jones: Yeah. I just -- Mr. Spring: -- fine with me. Commissioner Spence -Jones: -- I mean, not take anything awayfrom -- I just don't want to give you something, then we're going to have a hard time trying to go through the motions of -- Mr. Spring: That's true. Commissioner Spence -Jones: -- and unless I get a -- and, Mr. City Manager, you know I've been asking for this. I have not been able to get a clear answer. Have we resolved the lawsuit issue regarding this --? Mr. Spring: There's no litigation (UNINTET,T IGIBT ,F). Pedro G. Hernandez (City Manager): Commissioner, you and were discussing this item even late last night -- Commissioner Spence -Jones: Yeah, I know. Mr. Hernandez: -- and my understanding from the attorneys is that we do have clear title, and my understanding is that the site has also been, let's say, remove or clear as far as contaminants, but it's something that we need to -- Mr. Spring: Get back to you. Commissioner Spence -Jones: So, do -- Mr. Hernandez: -- I would say, confirm. Commissioner Spence -Jones: -- you want me to -- Mr. Spring: Yeah, we need to confirm that. Commissioner Spence -Jones: -- withdraw my -- do I withdraw my motion or table it until --? I mean, I'm asking, Mr. Chairman, what's the best way? Chairman Gonzalez: Motion has been withdrawn. There is a motion now to table the item -- Commissioner Sarnoff Second. Chairman Gonzalez: -- and there is -- Commissioner Spence -Jones: Until get clarity from y'all. City ofMiami Page 36 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Mr. Hernandez: Yes. Chairman Gonzalez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. [Later..] Vice Chairman Sanchez: All right. Where do we go from here? Mr. Hernandez: Mr. Chairman, we have PH.5 that can discuss. Chairman Gonzalez: PH.5. Mr. Hernandez: PH.5 is the parcel at 17th Avenue and 54th Street that the proposal is to convey it to Carrfour through an RFP (Request for Proposals) process. There was a concern as to the environmental condition of the site. The contamination case is open. The parcel does qualin, for the State cleanup program. A large portion of the remediation, whenever it's necessary, is to be paid by the State, and 25 percent of it is paid by the owner of the property. The cleanup, at this point in time, is not a high priority. We contacted DERM (Department of Environmental Resource Management) a little while ago. The property can be conveyed. Carrfour will have, when they develop the property -- would need to follow with DERM's environmental guidelines, and they will need to have an environmental person on staff and potentially, there may be some additional costs in the development associated with the removal of hot soil. We have talked to the representative from Carrfour, and they understand the environmental requirements and are willing to go forward. Unidentified Speaker: That's correct. Chairman Gonzalez: All right. Ms. Bru: OK. Additionally, Chairman and members of the Commission, as it concerned the question regarding the quality of title, I've been given an update. In fact, this was -- this property was the subject of a litigation. At the trial court level, the City had lost, but then on appeal to the ThirdDCA (District Court of Appeals), the appellate decision was in favor of the City, entering a quiet title action in effect. At this time, we don't know whether or not it's going to be appealed any further. If it gets appealed further, then obviously, there would be a cloud on title, but as I stated before, the City will convey such title as it has and in the condition that it has, if it's acceptable to Carrfour. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.6 07-00956 RESOLUTION City ofMiami Page 37 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL Development ACTION PLAN ("PLAN") FOR FISCAL YEAR 2007-2008, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S PLAN FOR FISCAL YEAR 2007-2008, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 07-00956 Legislation.pdf 07-00956 Exhibit.pdf 07-00956 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0456 Direction by Chairman Gonzalez to the City Manager to address the approximately $35, 000 funding deficit at Accion, before today's agenda is finished regarding the transportation of individuals to receive meals. Chairman Gonzalez: PH. 6. Hector Mirabile: Hector Mirabile, director, Community Development. This is a form approving the City's annual plan for fiscal year 2007 through 2008, and it's attached and incorporated before you, authorizing the City Manager to submit such plan of action for fiscal year 2007 and 8 to the United States Department of Housing and Urban Department for review and approval. I would like to remind the Commission that this plan is what the Commission actually reviewed and approved during the CDBG (Community Development Block Grant) hearings in June. Commissioner Regalado: Question. Chairman Gonzalez: All right. Commissioner Regalado: Question. Chairman Gonzalez: So what we're doing is send it to Washington? Vice Chairman Sanchez: Yep. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Was there a meeting yesterday with the social agencies in the City? Mr. Mirable: Yes, sir, there was. That's where the -- we were issuing out the various contracts with the social agencies. Commissioner Regalado: OK. Southwest Social Services was informed that their budget or the City allocation will be cut by $27, 000. Also, the Hot Meals program was told that it would be cut by $20, 000. In the last Commission meeting -- and this is the one that I know because it's the only one in our district -- I thought that we agree that the funding was going to be at the level of this year. Iffact, of the rollover -- of the large rollover of District 4 office, I offer, and the Commission accepted, $90, 000, so we could do two things here: Clarin, if this was a mistake, or you guys give me back the 20 -- the $90,000, and I'll do it directly with these two programs. The easier way is if you give me back the money, because I'm sure that there's going to be other City ofMiami Page 38 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 issues -- Chairman Gonzalez: Oh, yeah. Commissioner Regalado: -- that the Commissioners don't know yet -- Chairman Gonzalez: No, no, no, but -- Commissioner Regalado: -- and the reason I know this is -- and if we get a -- if Southwest Social Services gets a $27, 000 cut after the cut that they have gotten from the Mayor's budget in the County, they're in very, very deep trouble. The -- I think that what we discuss was, OK, social -- Southwest Social Services have cuts from the County, but the same funding from the City, so let's tell them do not make reductions in the services in the site -- in the City ofMiami. If you have to make changes, do it in the Westchester because, after all, that's unincorporated Miami -Dade County, but now I'm told that they were cut from the City $27, 000. Is that accurate or --? Mr. Mirable: Sir, the feeding program, itself, is funded at the current state -- at the current levels. There were no cuts to the feeding program, which is what your concern was. Commissioner Regalado: The feeding program -- which program? Mr. Mirable: In all of the feeding programs. Chairman Gonzalez: Where do they got [sic] the $27, 000 cut because -- Commissioner Regalado: So where -- why was the -- where was the cut? Chairman Gonzalez: -- they also call my office? Commissioner Regalado: Where was the cut? Mr. Mirable: I don't know where the $27, 000 cuts came from. We'd have to go back and check it out for you, and we could report for you. Commissioner Regalado: Who -- I mean, who was directing this meeting? Because maybe it wasn't you or Alfredo. Mr. Mirable: No. It was Lillian -- Commissioner Regalado: So -- Mr. Mirable: -- which we'll go to Lillian and request what, you know, the outcome of that meeting and where these alleged cuts came from. Commissioner Regalado: But when will we know? Mr. Mirable: Today. As soon as I call her. Commissioner Regalado: No. We need to know today because -- Mr. Mirable: Yes. Commissioner Regalado: -- we don't meet until September -- City ofMiami Page 39 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Chairman Gonzalez: Right. Commissioner Regalado: -- and we have to do a remedy. Chairman Gonzalez: And let me tell you. You were not the director back then -- Commissioner Regalado: But there was a commitmentfrom -- Chairman Gonzalez: -- but there was -- Commissioner Regalado: -- the other director. Chairman Gonzalez: -- a resolution by this Commission that every agency was going to be funded at the same level of this year. Remember that, Mr. Manager? Pedro G. Hernandez (City Manager): Yes, and that was done and approved -- Chairman Gonzalez: OK, so -- Mr. Hernandez: -- by the City Commission a couple of months back. Chairman Gonzalez: -- whatever cuts, whomever it is in your department came up with, they better get their eraser and start erasing, OK? Another issue, while we are on this issue, it affects you, it affects me, it affect our district. Mr. Manager, I've been talking to you about the transportation. There is a deficit on the transportation for Accion, I believe it is, for this same center. We don't do anything in providing meals, if we can't provide the -- Commissioner Regalado: Transportation. Chairman Gonzalez: -- transportation for the people to go and eat. Might as well, you know -- how many people are -- we're not going to transport and then deduct the meals you know, or send them home or whatever, you know, and I've been asking about this -- this is the third time thatl asked -- andl ask you to please, before we finish today agenda, I want to know that that problem is taken care of. We're talking about $30, 000 -- Commissioner Regalado: Well -- Chairman Gonzalez: -- $35, 000. Commissioner Regalado: -- but, Mr. Chairman, three years ago, the Commission -- I proposed and the Commission accepted, to use part of the half a penny -- Larry Spring (Chief Information Officer): And we're using it. Commissioner Regalado: -- revenue from the County -- Mr. Spring: And we're using it. Commissioner Regalado: -- to fund transportation. Chairman Gonzalez: And we used it for two years. Mr. Spring: We use it. We're using it. Commissioner Regalado: No, because -- City ofMiami Page 40 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Mr. Mirable: Yes, we are. Commissioner Regalado: -- then Mary Conway and other people said, no, because it cannot be used, whatever, and then the Administration came up with the general fund. Well, I went to CITT (Citizens Independent Transportation Trust). I went to the -- a Metro transit authority. I went through the Inspector General of the County. Money from half a penny tax can and is being used for transportation of elderly in Miami -Dade County, unincorporated areas, incorporated areas. The only place that says it cannot be used is the City ofMiami. I don't know why. Mr. Spring: Commissioner, Larry -- Commissioner Regalado: Larry, last year -- Mr. Spring: No. Commissioner Regalado: -- we were told that we couldn't use it. Mr. Spring: Commissioner -- Larry Spring, chieffinancial officer -- indeed, we are using PTP (People's Transportation Plan) to support that program right now. Commissioner Regalado: OK, but last year, remember that we have to fund it. Mr. Spring: It's being done -- it's being used right now. Commissioner Regalado: Larry -- Chairman Gonzalez: All right. Commissioner Regalado: -- last year the deficit, we had to fund it from the general fund. I say we can take the whole thing without taking the general fund money. Mr. Hernandez: Commissioner, I think that even more important than that, I think what you want is for Accion to be funded today at that 35,000 that they need. We'll make sure that they do receive that, and we'll follow through with the County to determine the eligibility of the PTP have -cent, you know, monies. If we can, we'll use it, definitely. If not, we'll find another source, but what you need is to have Accion be aware that they're going to get funded, and we'll make that happen. Chairman Gonzalez: Because I'm sure that Commissioner Regalado, same as I, were getting calls from the recipients that they can't go to the center to have their meals because they don't have transportation, so you know. Commissioner Regalado: It's pretty bad that the County is defunding a special transportation services. Chairman Gonzalez: Yeah. Commissioner Regalado: Pretty bad, because in the City ofMiami, that is one of the most used services, so going back to the $90, 000, Larry. If you guys -- if someone decided not to have read the resolution of the City Commission and defunded $27, 000 from Southwest Senior Center and $20, 000 from the Hot Meals program -- Mr. Spring: Commissioner, on the record, we have moved forward with the contracts that this Commission approved at that Commission meeting, and if you recall, at the Commission City ofMiami Page 41 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 meeting, we stated that we were funding all of the meals programs at the same levels the previous year; the funding was identified and approved in the proposal, so I'm on the record telling you -- Commissioner Regalado: Thank you very much, but someone forgot that, and someone told Southwest Senior Center, that call me and call Commissioner Gonzalez, said $27, 000 -- they -- they're not crazy. Everyone is not crazy. The Hot Meals program called and said we were told that we were getting $20, 000 less, so, you know, I believe you because you're the boss on that department, but someone is giving wrong information. Mr. Mirable: Commissioner, Hector Mirabile. The information is not inaccurate. We just received word from Lillian that she did explain to the various individuals that were at the meeting yesterday that because Community Development grant dollars were cut by a certain percent, they were all cut by a 27 percent. They were also informed that -- yourself committed to a certain amount of monies, which you now declare to be $90, 000, and because it had not been in resolution form at that time, that it couldn't be put in there, but -- Commissioner Regalado: There was a resolution. Chairman Gonzalez: It was a resolution. Commissioner Regalado: There was a resolution. We voted. Chairman Gonzalez: Yeah. Commissioner Regalado: There was a resolution. Mr. Mirable: OK. Apparently, it's a miscommunication, I'm being informed now, and -- Chairman Gonzalez: All right. Mr. Mirable: -- it will be corrected. Chairman Gonzalez: I guess -- Mr. Mirable: It's just going to require a second contract, but it's going to be corrected. Chairman Gonzalez: -- what we need to do is call those people back and tell them, you know, no problem. It was clarified at the City Commission. You will receive the same level of funding that you receive this year. Commissioner Regalado: OK. Mr. Mirable: Yes, sir. Commissioner Regalado: We're -- all of us, we're happy now, but let me just hypothetical. Had not the Chairman called for this special meeting on August 1, and the meeting with your department was yesterday, we would have been getting calls and meeting and call you andl call you back and I'm going to check from here to September 11. Chairman Gonzalez: September 11, yeah. Mr. Mirable: Yes, sir. We apologize for that, you know, arduous task that we -- Commissioner Regalado: No. I -- City ofMiami Page 42 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Mr. Mirable: -- have ahead of us, but -- Commissioner Regalado: -- understand, but you know, the problem is the chilling effect. They all went back and said, the County is taken away the money, the City now is taking away, and we were promise. You know, there were some changes in the department; now it's all difference [sic]. Who gets the screams? Chairman Gonzalez: We do. All right. Having clarified both issues, the transportation -- Mr. Spring, having clarified both issues, the transportation, $35, 000 for Accion so they can continue to provide service and clam the issue that agencies are going to be funded at the same level, I believe that we're ready to approve the action plan, and before voting on it, we need to open it to the public. Is there anyone from the public that wants to speak on the item, on PH.6? Please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It comes back to the Commission for a vote. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Could we have the acting director just put maybe half a dozen of the highlights in the record as to the package in itself? I know there's a lot of stuff in there, but just put some of the highlights on the record. Mr. Mirable: The actual plan is divided in numerous areas covering everything, funding sources from various grants through CDBG, homeless special populations, demographics, et cetera. It's an excellent wealth of information regarding each one of your districts and citywide areas. What it also mentions is the various demographics by race, ethnicity, poverty levels, et cetera. It also allows for the various basic high -cost percentages and statutory mortgage limits in the various districts based on your demographics, going anywhere from with elevators, no elevators; it provides that wealth of information. It also identifies the various needs, which includes public facility needs for the elderlies, handicaps, child care centers throughout the various districts. Very high is the priority in the majority of them, which is important for the CDBG fundings and of course, the Federal Government to allocate resources to us. Additionally, Economic Development side of the house, we have education assistance for profits and nonprofit organizations and businesses, and we labeled that as a very high priority need for 'em -- for us. Infrastructure development projects is in a medium -size area, and improvement projects dollars to be addressed includes approximately $1.1 million in that. Vice Chairman Sanchez: Affordable housing. Mr. Mirable: Yes, sir, and then we also have a table that describes a summary of Housing/Community Development objectives. It has a litany of those, which include the three major goals that the Feds are looking for, predominantly, the homeownership financing areas, new constructions, tax credit assistance, and also Section 8 housing, so when we put all these together, it provides a consolidated plan so that we -- when we ask for the various grants or when we ask for the various dollars to come to us, it shows the needs of the entire City as a whole. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: There's already a motion, right? So moved. City ofMiami Page 43 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 PH.7 07-00975 Department of Community Development Chairman Gonzalez: All right. 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. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TO PALMETTO HOMES OF MIAMI, INC. ("PALMETTO HOMES.), AN EXTENSION OF TIME UNTIL DECEMBER 31, 2007, IN WHICH TO COMPLETE CONSTRUCTION OF, AND SELL, THE HOME LOCATED AT 821 NORTHWEST 50 STREET, MIAMI, FLORIDA; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO THE PROPERTY LISTED ON EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTY FROM THE CITY OF MIAMI TO PALMETTO HOMES, AND ALL NECESSARY OTHER DOCUMENTS, FOR SAID PURPOSE. 07-00975 Legislation.pdf 07-00975 Exhibit.pdf 07-00975 Summary Form.pdf 07-00975 Pre-Legislation.pdf 07-00975 Quit Claim Deed.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0457 Chairman Gonzalez: PH.7 is granting an extension to Palmetto Homes of Miami. George Mensah (Assistant Director, Community Development): Yes. PH.7 is seeking to grant an extension of time until December 31, 2007 for Palmetto Home [sic] to complete construction on a property located at 821 Northwest 50 Street, Miami. The property is almost complete. It's about 96 percent complete, and the developer went into delays because of increased construction costs, and he needed to seek additional financing to complete it, but the project is almost complete, so we're here to seek time to extend the project until December 31, 2007. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item? Elaine Black: Elaine Black, Liberty City Trust, 4800 Northwest 12th Avenue. We support the development and the completion of this project. It is beautiful. It is a five -bedroom house, two-story, and everyone we've sent through it love it. We want to use it as a model for larger families within our community. Thank you. Chairman Gonzalez: All right. Anyone else? Seeing none, hearing none, public hearing is closed I have to say that I have been to these projects, and in fact, they are beautiful. They are building beautiful homes, and they're doing a tremendous impact in the community, so -- andl City ofMiami Page 44 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 also -- knowing the trade, I also know that many of these companies, they run into situations where they need to get extensions of time -- justified extension of time, so I think it's only fair. Commissioner Spence -Jones: Thank you, Mr. Chairman. I would like to go head [sic] and move this item. I just want to be clear. This is the family -- was this the family --? Elaine, just give us some brief -- it's the family of ten, correctly -- correct? Ms. Black: Yes, Commissioners. This is a family of ten individuals who were moved from the Scott Carver project that will be moving into this building, and it will allow them enough space - - to have a -- to have the space that they need as a family as opposed to being cramped in two or three rooms, so they're very excited about the possibility and the reality of moving into this location. Thank you. Commissioner Spence -Jones: And it's completed? The house is completed, right? Ms. Black: It's like 96percent complete. Commissioner Spence -Jones: OK. All right. Thank you so much. Chairman Gonzalez: All right. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 45 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 ORDINANCES - SECOND READING SR.1 07-00779 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 16, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 FR.pdf 07-00779 Legislation SR SUB.pdf 07-00779 Cover Memo FR .pdf 07-00779 Cover memo SR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12939 Direction by Chairman Gonzalez to the City Attorney to revise the ordinance amending Section 16-6 as it relates to elections, and to bring the revised ordinance for second reading back later in today's Commission meeting for consideration. Direction by Commissioner Sarnoff to the City Manager to create an administrative policy (APM) requiring City employees who run for elective office to take a leave of absence from their employment, and present saidAPMfor consideration at the City Commission meeting currently scheduled for September 11, 2007. Chairman Gonzalez: OK. Let's go to SR.1. Commissioner Spence -Jones: OK. Chairman Gonzalez: SR.1. Anybody here on SR.1 from the Administration? Julie O. Bru (Deputy City Attorney): Mr. Chairman, this is the ordinance that is being brought back to you for second reading now. This is the one that clarifies what employees of the City of Miami need to do when they're filling out the affidavit, if they're seeking to run for elected office. Chairman Gonzalez: Yeah, and let me tell you. I read the ordinance, and I think that I proposed an amendment to this ordinance, where it says the section that applies to the employees is all right, but we amended that and incorporated into the motion that people that serve a board should resign from their boards at the time that they open their bank account for elections, and that is not incorporated into this. Ms. Bru: OK. Yeah, Mr. Chairman, it's because we need to amend -- there's a specific section of the Code that addresses board members and their conduct and the rules that govern their conduct. We need to amend that section of the Code. This wouldn't be the place to put it. That would be brought back to you as an ordinance in September. Chairman Gonzalez: OK, butl think that we had a vote on that amendment, didn't we? We voted on -- City ofMiami Page 46 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Sarnoff As amended, yes. Chairman Gonzalez: Yeah. Ms. Bru: But I recall that we clarified that the proper place for it to appear would be in the Code section. In any event, this is here for second reading, if -- and this really -- this is simply -- Chairman Gonzalez: Well, let me tell you. You know, we had a long discussion on that item here. Ms. Bru: Yeah. Chairman Gonzalez: The Commission, I believe, it was unanimous, vote on the item, with the amendment that apply to the people sitting on the boards. We voted on first reading, so guess what? What I would like to see before I vote on this one is that you write up the resolution or the ordinance or whatever and bring it back today so we can approve it on second reading. Ms. Bru: OK. Let me -- Chairman Gonzalez: All right. Ms. Bru: -- see which is the best way to handle that, because this really is -- Chairman Gonzalez: All right. Ms. Bru: -- just an affidavit -- Chairman Gonzalez: I mean -- Ms. Bru: -- that gets given to City employees. Chairman Gonzalez: Well, let me tell you. I don't know if -- you people probably weren't paying any attention to what we did in the last meeting because -- Ms. Bru: Right. Chairman Gonzalez: -- you know, it should be back -- Ms. Bru: Right. Chairman Gonzalez: -- by today for a second reading, but it's not. Commissioner Sarnoff Mr. Manager -- Ms. Bru: Right. This is a special Commission meeting, and we didn't bring back the other ordinance 'cause it was not something that was -- Chairman Gonzalez: Guess what? It wasn't brought back because it was not important enough Ms. Bru: Yeah. Chairman Gonzalez: -- because look at the agenda. City ofMiami Page 47 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Ms. Bru: Well -- Chairman Gonzalez: They included a lot of items on the agenda. Ms. Bru: -- we'll prepare something for this afternoon that we can -- Chairman Gonzalez: All right. Ms. Bru: -- bring back -- Chairman Gonzalez: All right, so -- Ms. Bru: -- to the Commission. Chairman Gonzalez: -- let me -- I -- Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: -- let me pass the gavel. I'm going to make a motion. Let's defer SR.1 until the after -- until, not the afternoon because we might be here until 1 o'clock. Ms. Bru: Right. Chairman Gonzalez: So get your -- Ms. Bru: We'll work on it. Chairman Gonzalez: -- Legal Department, you know, back at the MRC (Miami Riverside Center) to start drafting the ordinance. Commissioner Sarnoff Let me second the motion for discussion. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Can I just ask the Manager a question? Could this be addressed by an ADM [sic]? Pedro G. Hernandez (City Manager): I think that we do need to have an APM (Administrative Manual Policy) definitely for the employees, and I'll pursue that once this item is approved. Now, the issue that the Chair is bringing up reference the board members, I think it will be probably outside of the scope of the APM. Commissioner Sarnoff But just so I'm clear, in other words, we're only amending the affidavit. Would you be sign -- so let's just talk about the employees, because let's just assume we can maybe make some progress today. Would you -- could you then at the next meeting when we do vote on this on second reading, show an APM to us -- Mr. Hernandez: Yes, sir. Commissioner Sarnoff -- that would clearly indicate that an employee must --? I don't know if we're using the word "resign" or must -- Mr. Hernandez: I think it's take a leave of absence. Commissioner Sarnoff Leave of absence. City ofMiami Page 48 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Mr. Hernandez: Yes. Commissioner Sarnoff Right. Mr. Hernandez: And that is in order to have the APM -- Commissioner Sarnoff And that could be done by your APM, right? Mr. Hernandez: Yes. Commissioner Sarnoff OK. Commissioner Regalado: Yeah, but that's not the issue. The issue is the board members who are not City employees -- Chairman Gonzalez: Right. Commissioner Regalado: -- and the issue also is that -- City Attorney needs to clam, because then, if it's uniform for all board members, then whenever a sitting Commissioner seeks reelection, he or she has to leave all the boards. You understand what I'm saying? Ms. Bru: Chairman, I am already asking them to make the modification. It isn't a big deal. I will just add to the language of the affidavit, `If the individual is a City employee or a member of a City board " We're going to add that phrase. I had previously suggested that the proper place to deal with that is in the Code section that deals with board members, but pursuant to your instructions, we will prepare that. It will be ready for you to bring backup in a few minutes, so if you want to table that for a minute, we'll have it ready for you. Chairman Gonzalez: Very good. Commissioner Sarnoff All right. We had -- we previously had a motion to defer, was it? Ms. Burns: We had a motion and a second to defer to the afternoon. That was what was on the dais. Commissioner Sarnoff So let me withdraw my second -- Chairman Gonzalez: All right. Commissioner Sarnoff -- and then the motion will die, and then you can bring it up. Ms. Bru: Yes. Just table it for a few minutes. Commissioner Sarnoff And I'll pass the gavel back -- Chairman Gonzalez: All right. Thank you. Commissioner Sarnoff -- where it belongs. Chairman Gonzalez: Thank you, Commissioner Sarnoff. [Later..] Chairman Gonzalez: All right. SR.1, it was table -- City ofMiami Page 49 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Ms. Bru: Yes, Mr. Chairman, we've -- Chairman Gonzalez: -- because of what? Ms. Bru: -- revised it, and have to hand it out to you, andl would like to -- just so that there's no confusion, I'd like to put it on the record -- Chairman Gonzalez: OK. Ms. Bru: -- exactly what we're doing and how we're modifying it. Chairman Gonzalez: Please do so, so we can vote on it. Ms. Bru: OK. As you know, SR.1 is an ordinance amending the section of the Code that provides for what is contained in an affidavit that is filled out by candidates who run for public office in the City ofMiami. What we have done here is to incorporate what was discussed at the last Commission meeting. In page 3 of 5 of this resolution under Section 13, we included the following language: If an affiant is an employee of the City ofMiami, other than the City Manager, City Attorney, independent Auditor General, or City Clerk, or a member of a City board of the City ofMiami, other than a City Commissioner or Mayor, affiant, in the case of an employee, shall take a leave of absence without pay from his or her employment during the period of which affiant is seeking election to public office; or in the case of a board member, such member shall resign, and such leave of absence or resignation to be effective upon whichever occurs first, and then we listed the conditions, and they're set forth in there, and we also included that the definition of a City board is found in Section 2-882 of the Miami City Code. We wanted to make sure that there wasn't any confusion that, in the event that a member of this Commission serves on a board, that this would apply to such member. Commissioner Sarnoff So the City Manager or the City Attorney or the independent auditor or the City Clerk could run for office and maintain their place? Ms. Bru: Correct, because, conceivably, those individuals are individuals that really serve at the will of this Commission, although the Auditor General does have a term certain. If you wanted to -- I mean, again, I want to emphasize that this is just language that is contained in an affidavit. My recommendation is is that, as it concerns the employees, the Manager adopt an administrative policy that would then govern their conduct, and it would have the force and effect of law, vis-a-vis, the employees, and then as it concerns the members of the boards, there already is a provision in the Code that considers a board member's qualification for public office a tender of their resignation, so what we're doing here in this affidavit is just claming at what point in time these individuals need to either resign, if you're a board member, or take a leave of absence, if you're an employee. Vice Chairman Sanchez: All right. So move. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. Pamela E. Burns (Assistant City Clerk): I'm sorry. Chairman Gonzalez: Those opposed have the same right. Ms. Burns: This is an ordinance, isn't it? City ofMiami Page 50 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 SR.2 07-00873 Department of Public Facilities Ms. Bru: This is an ordinance, yes, and this is -- Chairman Gonzalez: Oh. Ms. Bru: -- on second reading. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted, as modified, on second reading, 5/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50/ARTICLE V/ DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/CITY MARINAS/ RATES, CHARGES, BILLING, AND COLLECTION," BY ADDING A NEW SECTION TO PROVIDE FOR A SUSTAINED FUNDING SOURCE FOR MARINAS' CAPITAL REPAIRS AND CAPITAL RELATED IMPROVEMENTS, TO BE APPROPRIATED FROM ANNUAL DOCKAGE REVENUES COLLECTED BY THE CITY OF MIAMI TO BE DEPOSITED IN A SPECIAL REVENUE ACCOUNT, IN AN AMOUNT NOT TO EXCEED TEN PERCENT OF GROSS ANNUAL DOCKAGE REVENUES; CONTAINING A SEVERABILITY CLAUSE; A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 07-00873 Legislation FR/SR.pdf 07-00873 Summary Form FR/SR.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 12937 Chairman Gonzalez: SR.2. I'm sorry, SR -- Vice Chairman Sanchez: 2. Chairman Gonzalez: -- 2. Laura Billberry (Director): Lori Billberry, Public Facilities. This is second reading of an ordinance to amend the City Code to establish a new section to provide a sustained funding source for our marinas' capital repairs and improvements by setting aside ten percent of the gross revenues from the marinas for this purpose. Chairman Gonzalez: All right. Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: We have a motion, and we -- is there a second? City ofMiami Page 51 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." Commissioner Regalado: It's an ordinance. Chairman Gonzalez: Aye. Pamela E. Burns (Assistant City Clerk): I'm sorry. Julie O. Bru (Deputy City Attorney): I'm sorry. It's an ordinance. Ms. Burns: This is an ordinance. Chairman Gonzalez: Oh, it's an ordinance? It says a resolution here in my -- Vice Chairman Sanchez: Ordinance. Chairman Gonzalez: All right. Then this is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Read the ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. City ofMiami Page 52 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 FR.1 07-00912 Department of Parks and Recreation ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE PARKS ADVISORY BOARD, MORE PARTICULARLY BY REPEALING CHAPTER 2/ ARTICLE XI/ DIVISION 11, ENTITLED "PARKS ADVISORY BOARD," SECTIONS 2-1144.1 THROUGH 2-1144.5, OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CODE") AND BY AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2/ ENTITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," SECTION 2-892(4)(E), OF THE CODE, ALL AS STATED HEREIN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00912 Legislation.pdf 07-00912 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12938 Chairman Gonzalez: FR.1. ErnestBurkeen: ErnestBurkeen, director of Parks and Recreation. This is an ordinance on first reading authorizing the sunset of the Parks Advisory Board. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. This is to -- this is a result of the meeting and the discussion about the Parks Advisory Board and the role it should have, and how important it is with a Park master plan and all that. I just think that we should do this, because it doesn't hurt anyone, as an emergency ordinance, because that way, we can sunset this and start looking for the members of the new Parks Advisory Board. If we do it now, it will come late September. Then you have to create the park -- the new parks committee. It would not be like until January for the Parks Advisory Board to work, and we really need people really interested in parks to start meeting, and -- Chairman Gonzalez: All right. Commissioner Regalado. -- I mean, this parks committee, I don't think that it didn't have a problem of quorum, never, so the people participated, so I just think that it's not like an emergency or no bid or anything. It's just to accelerate the process to get new members as members of the new Parks Advisory Board. Chairman Gonzalez: Very well. Then it's going to be acted on as an emergency, right? All right. It's open to the public again. Anyone from the public that wants to speak on the item, City ofMiami Page 53 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 please come forward. All right, seeing none, public hearing is closed. There is a motion by Commissioner Regalado. Is there a second? Commissioner Spence -Jones: There's a second -- Vice Chairman Sanchez: Second. Commissioner Sarnoff Second. Commissioner Spence -Jones: -- but l just wanted to ask one quick question for Ernest. What are we going to put in place? Are we going to be able to give our input on making sure that we don't create the same similar issue with the Park Advisory Board that we have now? Mr. Burkeen: There is an ordinance presently in the Law Department to create a new advisory board, and which -- Commissioner Spence -Jones: OK. Mr. Burkeen: -- will come before you. Commissioner Spence -Jones: OK. Commissioner Sarnoff Mr. -- Commissioner Spence -Jones: Right. I just want to be able to -- I just don't want to create the same thing that we have or similar because if not, you're going to get people coming or not showing up and -- Is this particular park advisory board, are we saying that we want it to have a little bit more power? I mean, what is -- what's going to be different from this park advisory board? Commissioner Sarnoff Well, you know, I don't think it's -- I don't ever think it was the wording of the board itself. It was the fact that my recollection of it was that you didn't have people who apparently came to have a quorum, and that's what I was told, but this was back in February that the City Attorney was supposed to get back to us within 60 days with the new ordinance. Now, the words are not that important because it's going to look just like the old ordinance. We just need to get people that are interested in attending and listen to them as a Commission, because nobody likes spending their volunteer time and then simply us saying, well, that's a nice advisory opinion, but we're not even going to listen to you, so -- you know, I think it's really important, especially where we find ourselves today, that we have a parks advisory board, and it was the Administration's recommendation that we sunset that board. OK, understood. It didn't happen within a time frame that the City Attorney promised, but we're about to sunset a board without having in place a new ordinance that was supposed to be done 60 days from the February meeting, so I think we need to light a fire under the City Attorney. Julie O. Bru (Deputy City Attorney): Commissioner, the ordinance creating a new parks advisory board will be before you for September, and there's no need to rush in adopting this ordinance. They can both proceed at the same time; one is not dependent on the other, so you can just continue with the normal course of business as far as passing this ordinance on first reading. It can come back for second reading at the same time as we bring you a new board. Commissioner Sarnoff I think the practical application here is that we're trying to create a new board, is all we're trying to do. Ms. Bru: Yes, and it'll be before you in September. City ofMiami Page 54 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Sarnoff So I don't have a problem with sunsetting this board and doing it on one reading, but think it's imperative because I didn't want to go this long without having a parks advisory board in place, so -- Chairman Gonzalez: All right, so we have a motion on Commissioner Regalado's proposal, and we have a second. It's an ordinance, I believe, right? Yes, it is. Would you read the ordinance, please? The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call on the emergency ordinance, and the first roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Burns: The ordinance has been adopted as an emergency ordinance, 5/0. City ofMiami Page 55 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 RESOLUTIONS RE.1 07-00565 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SETTLEMENT AGREEMENT, DATED AS OF JANUARY 27, 2005, AND APPROVED BY RESOLUTION NO. 05-0076, ADOPTED JANUARY 27, 2005, IN THE CASES OF CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9. 07-00565 Legislation .pdf 07-00565 Exhibit SUB.pdf 07-00565 Cover Memo.pdf Andrew Geo Miami City Hall compressed 070505.ppt 20070501103647.pdf cover 02-28-07 Layoutl (1).pdf I N D EX. pdf NOTES 02-28-07 - Amendment Layoutl (1).pdf X-SITE PLAN 02-28-07 - Amendment A-1.1.pdf 20070501103647.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0446 Chairman Gonzalez: All right. Now we go to RE.1. Mr. Manager, RE.1. Julie O. Bru (Deputy City Attorney): OK. Mr. Chairman and members of the Commission, RE.1 is a amendment to a settlement agreement, the City ofMiami versus Sawyer's Walk case, and the Southeast Overtown/Park West Community Redevelopment Agency versus Poinciana Village of Miami. This is an amendment that is required as a result of certain deadlines that have expired with respect to conditions that are precedent to this settlement agreement. We have here today Gail Dotson, who serves as counsel to the CRA (Community Redevelopment Agency), to walk you through this amendment, and also I believe we had asked special counsel, who was working on this matter, to be here today. If he isn't here, Mr. Bill Bloom, Gail Dotson will walk you through this. Chairman Gonzalez: All right. This is a resolution, isn't it? Ms. Bru: Yes, it is a resolution, just to adopt -- basically, the essential terms are we are extending the deadlines. Chairman Gonzalez: Have every Commissioner been brief on these items? Ms. Bru: The Commissioners have been briefed, and provided a term sheet with certain essential terms. There was an attachment to this resolution in the package. We -- which we are substituting to reflect the correct dates. Chairman Gonzalez: All right. City ofMiami Page 56 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Ms. Bru: It is now being extended through December of this year, and other than that, really, there were no other modifications, but just to make it consistent with the correct dates, we have provided a substitute item. Chairman Gonzalez: All right. Ms. Bru: If you have any questions as to the terms of this amendment, you can go ahead and I'll answer them -- Chairman Gonzalez: All right. Ms. Bru: -- as best I can. Chairman Gonzalez: Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes, Mr. Chairman. I wanted to find out -- I know that Larry Spring has been very much involved, along with the Manager, on this issue, working along with the County to come up with some sort of resolution as we move ahead. Is there any way I can have Larry, at least -- we see the original settlement and what the changes are, and there're a lot of changes that have made place -- taken place. Hopefully, you have gotten a copy of it already and has -- and it's been reviewed with you, but Larry, if you could just tell us, in a nutshell, you know, what kind of progress has been made and any updates that you feel we need to know. Larry Spring: Larry Spring, chief financial officer. I guess with regards to the item, the substantial items, I would say, is the -- you have the -- the County Commission has passed an extension of the reverter to December 31. This settlement amendment changes or makes our agreement consistent with that change. In addition, also, I think the Commission is aware of the issue of the MUSP (Major Use Special Permit) being obtained by October 26 of this year. Due to a reversal, that date would also have to be extended out so that the developer can properly -- or have the, I guess, issue of the MUSP revisited by the City Commission, which I imagine is scheduled for the second meeting? Pedro G. Hernandez (City Manager): I believe it would be September. Mr. Spring: September -- second meeting in September. Those are the substantive changes in this agreement. Chairman Gonzalez: All right. Commissioner Spence -Jones: OK. Chairman Gonzalez: Any further questions? Commissioner Spence -Jones: Yes. I just do have one overall statement because I want to be very clear on this issue. As you know, this is a project that's happening within my district, and the issue of the reversal that comes back that now puts the project in a position where it now has to go through the whole process once again before it moves ahead, I really -- I have to say this, andl need to put this on the record, and I've already communicated to the City's [sic]Attorney's Office that I was very disappointed with how the manner was handled and how it was communicated to me as the district Commissioner on how I needed to handle the actual hearing. From day one and me getting in this seat, I was very clear that I did not want to have any issues or any conflicts on this project, andl wanted to do everything the right way. I asked for an opinion before I went to Detroit, andl went to not only there; I went to four or five different cities; I asked for an opinion before I left, andl was told that it was OK as long as I did not meet City ofMiami Page 57 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 with anybody regarding the project, which I did not meet with anybody regarding the project, andl went to meet with City officials regarding several other different projects, and to come back here and still be briefed and not be told that that should have been the first thing that I put on the record -- and again, I understand that, you know, I was novice at the time, andl was just getting here, so I really didn't understand how things needed to be -- needed to work, but I needed to make sure that I said this on the record because clearly, it's being -- I feel in the end, it's -- you know, I'm receiving the brunt of it all because it was not clearly communicated to me by the City Attorney that it should have been stated when we started the hearing, so I felt that needed to say that because I don't want my colleagues or the folks watching at home or the folks sitting in here that Spence -Jones did something that was not right, when clearly my whole position has always been that wanted to do everything right because I did not want to make the wrong decision, andl did not want to be accused of doing something that did not do, so to go through all of that and then be hit with this is very disappointing, and I'll really, really disturbed with the City Attorney's position in how they handled it, andl felt I needed to put it, Mr. Chairman, on the record. Chairman Gonzalez: All right. Any other questions from the Commission? Commissioner Regalado. Commissioner Regalado: Thank you. I have a question about one of the, Madam City Attorney, part of the agreement, the development plan. It calls for phase one, approximately 400 units. We're talking here of 20 subsidize unit and 59 affordable units in phase one. Then what really don't understand is the concept that is being used here. If they want to build more, they have to pay more. It's like they buy bonuses, but they say that 20 percent of the additional units shall be affordable. Now, what I don't understand is, number one, the 20 subsidize, are they going to be under City ofMiami Community Development Department or Section 8 from the County or -- and the affordable is -- what is affordable in comparison to the other --? Ms. Bru: OK. Commissioner, these particular details of the business terms in this agreement can be addressed by the executive director of the CRA. James Villacorta: James Villacorta, executive director of the CRAs. The amendment actually also changes the detailed development plan to provide for construction of smaller units that would be more affordable. It also provides for development of more units in the first phase, and we would continue to receive the same percentage of affordable units, 20 percent. The definition of affordable is 80 to 140 percent ofAMl (Average Median Income), and of our 50 units, those can be sold only at 80 percent or below ofAMl. Commissioner Regalado: But are these the same 62 units that would be bought by the City of Miami? Mr. Villacorta: The 62 units, we have an option to buy an additional 62 units, and we could sell those at whatever rate the City wants to sell them -- Commissioner Regalado: But why would we buy -- Mr. Villacorta: -- or the CRA. Commissioner Regalado: -- the units if we usually help the people to buy the units? Mr. Villacorta: Well, we have the option to make 62 -- to buy 62 additional units. We don't have to exercise that option. We would be attempting to subsidize the units to some extent to make more of them affordable to the residents of Overtown or other low-income purchasers. Commissioner Regalado: Oh. I really don't understand this very well, but -- City ofMiami Page 58 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Mr. Villacorta: This was something that during the MUSP hearing, the developer came and proffered to the City and the CRA that he had no objection to the City or CRA expending funds to make 62 additional units affordable. Commissioner Regalado: All of the changes that were extended, like for instance, the Employment Training Program extend the date to May 1, 2007. That date is over. The conditions precedent -- extend it to July 15, 2007. That's over. I don't understand. Mr. Villacorta: Right. The Law Department has drafted -- this was originally submitted three months ago, and the Law Department has drafted a substitute -- I don't know if it's been provided to you yet -- extending those dates -- Commissioner Regalado: Well -- Mr. Villacorta: -- further. Commissioner Regalado: -- this is what I got yesterday. Ms. Bru: Commissioner, we have a substitute. Unfortunately, there's a problem with the copy machine, but it'll be distributed to you. The dates have been extended in the substitute to reflect the new agreement with the County through December 31, 2007, and just to clam on the issue of the units, the affordable units. What is anticipated in this amended amendment to the settlement agreement is that there will be 50 units that are affordable that'll be controlled by the CRA; 62 units that are affordable workforce by the County, and then the City has the option, not the obligation, to purchase an additional 62 units, and it has not been defined in this agreement as to what the affordability criteria will be. Commissioner Spence -Jones: Let me just -- I don't know if you have any additional questions, Commissioner Regalado, but I do want to say this, if you don't mind. I do know, over the last 60 days, we've been working very hard to address this issue, and I'm sure we know, from a City perspective, that this has been a very hot topic for me and my district. The district Commissioner of the County, Commissioner Edmondson andl have come together to figure out what's best for our district, and we're very comfortable with where we are with this agreement. I'm asking that I do have the support from all my colleagues regarding this issue. We really do need to get a project moving in the area. For the first time we're going to be able to see some units, hopefully, coming out of the ground. I think the changes that have been made have been great changes. Of course, I'd like to see more thing happening, andl will push hard to make sure that that happens, but I would ask for my colleagues to truly support me on this issue, myself and the County Commissioner, as we try to move this project ahead. Commissioner Regalado: Right. I just wanted to understand who will control the subsidized units? Commissioner Spence -Jones: The -- Mr. Villacorta: The -- Commissioner Spence -Jones: -- 50 units, you mean? Commissioner Regalado: No, the subsidized units, not the affordable. The subsidized unit. Mr. Villacorta: -- 20 percent of the units are affordable; 80 percent -- Commissioner Regalado: But affordable is not subsidized. City ofMiami Page 59 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Mr. Villacorta: The developer's responsible -- of the 20 percent, 50 come to the CRA, and we have agreed to sell them at 80 percent or below ofAMl. Of the remaining 160 units, the developer is responsible for finding subsidies to have those units sold at 80 to 140 percent of AMl. Of the 62 units that we have the option to buy, we have an option, and then we can sell those at whatever subsidy we want to. Commissioner Sarnoff Who's we, the City or the CRA? Mr. Villacorta: The CRA. Actually, the City and the CRA have the option to buy the 62 units together, either one of us. Commissioner Regalado: So there's no rental? Mr. Villacorta: Pardon me? Commissioner Regalado: No rental, at all? Mr. Villacorta: No, there's no rental in this project. Commissioner Regalado: So -- Mr. Villacorta: This is a homeownership project. Commissioner Regalado: -- subsidized means that people who have credits -- Mr. Villacorta: Exactly. Commissioner Regalado: -- can buy? People who don't have credits cannot buy, even subsidize? Mr. Villacorta: That's true. The -- we have reached out to various organizations to begin working with the public in the area to try and help them get their status of creditworthiness to a point where they would be able to afford to buy in, and that is going to be an issue. We're going to have to work with the target groups to get them in a position where they would be able to qualify. We would -- Commissioner Spence -Jones: Andl -- and ifI can add to-- on that, Commissioner Regalado, I know that we have started, at least the City has started and the developer has already started to make classes, make opportunities available for those individuals from Overtown to participate in credit -building workshops. I have this issue, not only in Overtown, but also have it in Liberty City and little Haiti where, and much -- in various parts of my district, I have credit problem issues, so hopefully before the project gets built one of the issues is that -- we want to try to do is even if their credit is not good now, they have enough time to work on building their credit, because it's going to take a minute for the project to be completed. We feel pretty confident that if we get people enrolled into a particular project or into a particular program, that we can assist them with building their credit. I also want to make sure that put on the record that -- andl have to say this -- is -- you know, this one particular project is not going to solve all the issues of Overtown. There're several other rental project -- low-income rental projects that I've either won in my district that are already out of the ground that people are already living in, and new ones that are on their way, so I think that we need to have a balance of homeownership and rental projects -- programs or projects happening in the area, and think that we're well on our right way to do that. Just this past week, we approved, you approved a new project that will have homeownership and rentals attached to a low-income rental, so I think that we'll have enough in the area to balance it out. City ofMiami Page 60 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Chairman Gonzalez: All right, so do I hear a motion on this resolution? Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: IfI could address the issue. These amendments that have been passed out, are they mild amendments or are they --? I have not had a chance to read this. Mr. Villacorta: Yeah. I think the significant feature is we're extending the dates due to the ongoing challenges. In the original agreement, if the challenges weren't removed by a certain period, either party had the right to walk away; it wasn't a default. The developer is about to go forward and spend a considerable amount of money to have the working drawings for the project prepared. He'd like to know that he has at least until December 31 to remove the challenges. I think that's reasonable. We are holding deposits in excess of a half million dollars that the developer has put forth, and he has expended to date over $2.5 million on this project. He'd like to know that before he puts the next million in for these architectural fees, that we will stick with him through December. The other significant feature is that the units are being reduced from the smallest was approximately 900 to approximately 800 square feet, and that's to make the units more affordable because his cost per square foot is going up. Finally, we have the option to purchase an additional 62 units to make the -- in effect, to subsidize an additional 62 units to make the project more affordable. There is a point or a concern with the developer that, at some point, the project would tip too much and he would not be able to sell his market -rate units, so he's agreeing that both the City and the County have the right to purchase 62 units a piece, and that would make the affordable, subsidized portion of this project about 33 percent. Vice Chairman Sanchez: Are those the only two amendments that are offered here? Mr. Villacorta: Pardon me? Vice Chairman Sanchez: Are those the only two amendments offered here? Because I -- once again, I just got this. I haven't had a chance to read it. Mr. Villacorta: Right. Vice Chairman Sanchez: I was OK with the original that was in front of this Commission. I just want to make sure that you put on the record -- Mr. Villacorta: Yes. Vice Chairman Sanchez: -- the amendments, so I -- Mr. Villacorta: Yes. Vice Chairman Sanchez: -- could understand them. Mr. Villacorta: Yeah. The amendment that was included in your materials was the one that was originally drafted approximately three months ago. This has come on a couple of times and then pulled off. Vice Chairman Sanchez: All right. Let me just pause you for a minute. Mr. City Manager, have you had an opportunity and the Legal has an opportunity to review this? Ms. Bru: Yes. Commissioner, this revision that you were just handed out is something that was City ofMiami Page 61 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 finalized yesterday because we still had to change the dates. As you know, we were negotiating with the County, until just recently, to get that reverter provision extended, so this revision that you got is something that was just prepared, taking into consideration that the County has, in fact, extended the reverter until December 31, 2007, so that is really the primary reason why we substituted something that had already been prepared three months ago that didn't have a date -- Vice Chairman Sanchez: All right. Ms. Bru: -- in there, as far -- Vice Chairman Sanchez: This is a -- Ms. Bru: -- as the reverter provision. Mr. Hernandez: Commissioner, we -- if you allow me. We had reviewed it, too, and the changes deal with dates, just to bring it up -to -speed as to what the latest actions were by the County, and there are no other, let's say, substantive changes to it. Vice Chairman Sanchez: And you are OK? You're in support -- Mr. Hernandez: Yes. Vice Chairman Sanchez: -- of those amendments? Mr. Hernandez: Yes, I am. Chairman Gonzalez: All right. Do I hear a motion on the item? Commissioner Spence -Jones: I'd like to move this item. Chairman Gonzalez: Is there a second? Is there a second? Vice Chairman Sanchez: Why don't we do something? Why don't we table it till this afternoon; allow the Commissioners to read this amendment -- Chairman Gonzalez: Well, the problem is that we may not be back here this afternoon. We may be done by 1 o'clock today, so if you want to bring it back before 1 o'clock -- and let me tell you. This is something thatl have been complaining about it, and I'm glad that this is happening. I'm glad that this is happening, OK? The Administration is used to bring amendments to items that we have in our book for two weeks that we have read, we have been brief on, we have read it, and read it over and over to be all right to vote on the item when it comes here, and you continue to bring amendments to the floor without giving us the opportunity to check the amendment, so I'm glad. You know what? I hope that this fails today because it's going to give you -- it's going to -- you know what? As a matter of fact, starting today, while I'm the Chairman of this Commission, if you don't have an item that is ready, and you have an amendment that you're going to present on floor, don't bring it to the Commission because I'm going to move a deferral of every single item that comes with a last-minute amendment, OK? We have wasted 20 minutes, rightfully so, OK, because everyone has concerns, and at the end of the discussion, we're going to end up deferring this because you were not ready to bring this to the Commission, so if this -- Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: -- fails now, it's going to fail at the CRA too. I see it coming, OK? Commissioner Spence -Jones: -- Chairman, and by all means, I'm the first one to advocate if -- City ofMiami Page 62 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 you know, if we have not had an opportunity to be thoroughly briefed on something, then we should not be voting on the item. I was under the impression that every Commissioner has been briefed. The changes thatl thought were really of -- were dates more so than anything else. This is, like I said, been a very challenging thing for me and my district. The County Commissioner has been very clear over the last at least two months regarding this project and the issue regarding them having a very short period of time to make something happen on this project. I think it's -- in the next six months, if they're not -- if they don't have clear things moving on it, then the project dies. I don't know anything else to say regarding the issue. I'm surprised and shocked that you have not gotten, you know, at least the new dates 'cause that's the only real changes that were taking place was the dates, so I don't understand why -- Ms. Bru: Again, I just want to reiterate. What you received this morning simply just incorporates the new date. When this agenda went to print, we didn't have that date yet because the County was still in the process of approving that new date. We've made that change to the agreement. Each and every one of you were briefed on this matter, I know by my office, and also I believe by the executive director. The only other thing that has changed is the fact that, as we know, the ThirdDCA (District Court of Appeals) issued an opinion, which now requires, we believe, it's now subject to a motion for a rehearing for clarification, but we believe that the whole MUSP approval process may have to be undertaken again, so this amendment reflects the fact that although the MUSP had been approved back in October, that it's going to require further efforts on the part of both parties to get it approved. Other than that, there is nothing in this revised agreement that has not been part of this preprinted agenda for now quite some time, and that you were briefed on. Commissioner Sarnoff Second the motion. Chairman Gonzalez: All right. We had a motion -- huh? Vice Chairman Sanchez: All right. Commissioner Sarnoff Second the motion. Chairman Gonzalez: You're going to -- Vice Chairman Sanchez: But -- Chairman Gonzalez: -- second the motion? Commissioner Sarnoff Yeah, and I do understand the Manager -- I do understand -- Vice Chairman Sanchez: City Attorney. Commissioner Sarnoff -- the Chairman's position -- Chairman Gonzalez: Yeah. Commissioner Sarnoff But if what you're telling us is correct, Madam City Attorney, and if it's only a date change, which, from a lawyer's perspective, when anybody hands me a 17 page document -- Chairman Gonzalez: Yeah. Commissioner Sarnoff -- I get concerned, but as long as the record's clear that you're telling us it's what we were briefed on and it's only the date change, I'll second the motion. City ofMiami Page 63 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Regalado: I just wanted to clam something. Number 14, the extension of the CRA, is that in -- I didn't found [sic] in the original, but it's -- I see it on the one that you just distribute, number 14, the extension of the CRA. That was just included now or it was --? Mr. Villacorta: This is an amendment to a settlement agreement that's being proffered by the City Attorney's Office. Commissioner Regalado: OK, OK, OK. Ms. Bru: It's just been renumbered. Commissioner Regalado: Huh? Ms. Bru: It's in the package. It was in the original amendment that you have in your package, and the one that's just been redistributed is renumbered. Commissioner Regalado: Yeah, I know, but it wasn't there three month ago because the State Legislature didn't approve the Save Our Homes and the tax abatement three month ago. Vice Chairman Sanchez: What --? I'm sorry. I don't -- What does that have to do with this? Ms. Bru: I don't know what you're referring to, Commissioner. The language on -- Commissioner Regalado: I'm referring in the event subsequent to the date of this amendment, the State of Florida increases the amount of the homestead exemption for ad valorem property tax exemption or and eliminates Save Our Home cap on annual increases, then provided that the duration of the CRA is extended, Sawyer's Walk shall be entitled to an extension of the duration of the time period that Sawyer's Walk is entitled to receive any incremental TIF (Tax Increment Funds) beyond December 31, 2014, but it doesn't say until when. That's my question. For how long? I don't understand. For the longest or --? I mean, to compensate, I understand that -- I understand that you change this because of what the State Legislature did, but I just don't understand to how long, like forever or --? Ms. Bru: It's still in accordance with the section above Section 14, which is something that's been negotiated and part of the amendment for quite some time. If -- it's -- if you read Section 14, it says that it's up to six months, and it's the same language as being incorporated. Same thing. Commissioner Regalado: OK. Chairman Gonzalez: All right. We have a motion, and we have a second, andl haven't spoke on the item, but let me tell you. There is a big confusion about what affordable housing is and what public housing is, OK? And a lot of people talk about building affordable housing, and you know, we should build more affordable housing, and we should build more affordable housing. When you talking homeownership affordable housing, building a project is not a problem. You know what the problem is, and it was mentioned here? The problem is qualifying the buyers -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- and the problem is not -- Commissioner Regalado: That's whatl -- Chairman Gonzalez: -- finding low- or moderate -income people that have credit. It's to find low- moderate -income people that have credit, and also that their ratio of income versus City ofMiami Page 64 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 expenses give the right number so they could be approved at the banks. As a matter offact, you know, they could be over the medium [sic] income or under the medium [sic] income. The biggest problem -- and I'm speaking by experience. I had to go through the process of qualfing 52 families -- as a matter offact, 82 families for two projects that we did while I was working in Allapattah. To qualify 82 families for those homeownership housing projects -- and we were talking projects that were being sold at $60, 000, three bedroom, two bath, and $70, 000, three bedroom, two bath. Well, let me tell you. I had to go over 200 applications to find 82 families that will qual, OK, and that was telling the people you can't buy a car, you can't buy a bicycle, you can't buy a suit, you can't buy nothing; just stick with whatever you have until you qualify for the loan because the bank, the private bank, will kick 'em back, so it's not a problem with building. It's a problem of qualfing buyers for affordable homeownership housing. It's not easy. It's not easy. I'm telling you, it's not easy, and every -- andl have heard of two or three projects in the City ofMiami, actually today, that are having problems to find quaked buyers. When you're talking about public housing, public housing is simple. You know, you get your apartment; you pay whatever, a hundred dollars a month, or eighty dollars a month, you know. That's no problem. When you're talking about rentals, it's totally different, but homeownership, let me tell you. Homeownership is very, very difficult, and in addition to that, when you have families that make the minimum salaries and they buy these units, they have to think that they're going to have to be paying a mortgage, taxes, and maintenance, OK. Mr. Villacorta: It'll be very difficult Chairman Gonzalez: Huh? Mr. Villacorta: It'll be very difficult Chairman Gonzalez: It will be very difficult. Very, very difficult to qualifi, to pay for the mortgage, for the taxes, and for the maintenance. Commissioner Sarnoff But correct me if I'm wrong, isn't part of what is being proposed is that the maintenance would be paid for by, is it the CRA or is it --? Mr. Villacorta: The -- we've been negotiating with the County. The County would like, of the 50 units that the CRA is to receive, which we are obligated under this agreement to sell at no higher than 80 percent ofAMI,, they would like to see us sell those units at no higher than 40 percent of AMI. They have said they would be willing to contribute unit some amount of money to a fund to assist those buyers with the maintenance and the taxes, but that's still being negotiated. Right now, under this amendment, we will end up entering into a separate agreement with the County. Under this amendment, we can only sell those units at 80 percent or below ofAMI. The units that the developer is responsible for selling as subsidized units, he is responsible for finding those buyers and subsidizing those buyers, whether he has to sell those units, you know, at next to nothing. That is his problem, but he is required to sell those at 80 to 140 percent ofAMI, and is responsible for finding those buyers, qualifying those buyers. I know they've reached out already to some groups to get some of the people who have already contacted them in response to their advertising into credit counseling programs, and we will need to do that for our 50 units, as well. Commissioner Sarnoff So just so I understand you correctly, this agreement is not in place. Right now you're at 80 percent of -- Mr. Villacorta: Yes. Commissioner Sarnoff -- AMl. You're trying to get it to 40 percent ofAMI. Mr. Villacorta: That's been a request of the County. It's not in stone yet. It's tied up with the City ofMiami Page 65 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 reverter. Commissioner Sarnoff But all we're doing today is granting us further time -- Mr. Hernandez: Yes. Mr. Villacorta: We're granting further time -- Chairman Gonzalez: Right. Commissioner Sarnoff -- for these negotiations to either -- Commissioner Spence -Jones: To continue, yeah. Mr. Villacorta: Yes. Commissioner Sarnoff Right. Mr. Hernandez: Right. Mr. Villacorta: Yes, and -- Vice Chairman Sanchez: And amend it. Commissioner Sarnoff And -- Mr. Hernandez: Commissioner, you'll have, I think, ample opportunity when the item comes back for the MUSP -- Commissioner Spence -Jones: It's going to come back to us. Mr. Hernandez: -- because it has to come back to get into those details as to the project, but today we're only allowing for those extensions of the dates so the process can go forward. Chairman Gonzalez: All right. Well -- Vice Chairman Sanchez: The safeguard here -- Chairman Gonzalez: -- we had a motion and -- Vice Chairman Sanchez: -- is it's coming back in a MUSP, and we could review it, and we could address the issues then. Chairman Gonzalez: -- we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RE.2 07-00893 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT IN THE CASE OF MIAMI-DADE COUNTY VS. THE CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, CASE NO. 01-13810 CA (08), IN THE CIRCUIT City ofMiami Page 66 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 COURT OF THE ELEVENTH JUDICIAL COURT OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EXTEND THE REVERTER DATE FOR BLOCKS 36, 45 AND 56 IN OVERTOWN. 07-00893 Legislation.pdf 07-00893 Cover Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0447 Chairman Gonzalez: RE.2 is another resolution. Is there a motion on RE. 2? Vice Chairman Sanchez: Hold on, hold on. Commissioner Spence -Jones: This is the reverter. Chairman Gonzalez: It's in reference to -- Julie O. Bru (Deputy City Attorney): OK. Mr. Chairman, this is the resolution that would authorize the City Manager to execute the amendment to the settlement agreement in the case of Miami -Dade County versus the City ofMiami and Southeast Overtown/Park West Community Redevelopment Agency. This, in effect, would then memorialize the fact that Miami -Dade County has voted and approved an extension of the reverter date on the properties to -- through December 31. As you know, the reverter date originally was August 1, 2007. County has approved extending it through December 31, 2007. Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. [Later..] Ms. Bru: Commissioner, if I may. I just wanted to clar05, something that's been brought to my attention. There was a resolution that you voted on, RE.2, and I just want to make sure. What is in the package, the resolution that is in the package is not precisely what we voted on, and I made it clear on the record that the vote -- this is the resolution authorizing the Manager to enter into an addendum to the settlement agreement between the City and the County regarding the reverter provision. I made it clear that the resolution was authorizing the Manager to only enter into an agreement to an addendum to the agreement that would memorialize what the County did, and the County only authorized an extension of the reverter. It didn't do anything else. The resolution that was in your package was prepared before the County took action, and it has other language, but what I stated on the record was only to the extent that it memorializes what the County did. Just to make it clear that the -- Commissioner Spence -Jones: And they only did it until -- City ofMiami Page 67 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Ms. Bru: Till December 31. There was no other language or provisions that were dealt with at this time, so the County -- the City Clerk needs to reflect that it was modified on the floor. Commissioner Spence -Jones: Andl believe we do have somebody from the County -- Cynthia Curry is here from the County. Vice Chairman Sanchez: All right. Let's -- for -- so for the point of clarification -- Ms. Bru: Yeah. Vice Chairman Sanchez: -- you should put it on the record. Ms. Bru: Right. No, I did. I did, but I just wanted to make sure that the Clerk notes it as having been modified on the floor. Vice Chairman Sanchez: OK. Ms. Bru: OK. Commissioner Spence -Jones: OK. PH.2. RE.3 07-00920 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE EXTERNAL AUDITING SERVICES AGREEMENT WITH RACHLIN, COHEN & HOLTZ, LLP, IN AN AMOUNT NOT TO EXCEED $50,000, FOR THE THIRD AND FINAL YEAR OF SAID AGREEMENT, FROM AN AMOUNT NOT TO EXCEED $390,000 TO $440,000, AND SUBSEQUENTLY, TO THE TOTAL CONTRACT AMOUNT FROM AN AMOUNT NOT TO EXCEED $1,169,000 TO $1,219,000, PURSUANT TO RESOLUTION NO. 04-0458, ADOPTED JULY 8, 2004, AS AMENDED PURSUANT TO RESOLUTION NO. 06-0428, ADOPTED JULY 13, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR EXTERNAL AUDITING SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM, TO REFLECT SAID INCREASE; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $50,000, FROM ACCOUNT CODE NO. 00001.161000.532000.0000.00000. City ofMiami Page 68 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 07-00920 Legislation.pdf 07-00920 Exhibit.pdf 07-00920 Exhibit 2.pdf 07-00920 Exhibit 3.pdf 07-00920 Exhibit 4.pdf 07-00920 Exhibit 5.pdf 07-00920 Summary Form.pdf 07-00920 Amendment #2.pdf 07-00920 Pre-Legislation.pdf 07-00920 Master Report.pdf 07-00920 Master Report 2.pdf 07-00920 Compensation.pdf 07-00920 Statement of Work.pdf 07-00920 Agreement.pdf 07-00920 Master Report 3.pdf 07-00920 Agreement 2.pdf 07-00920 Scope of Work.pdf 07-00920 Compensation 2.pdf 07-00920 Acceptance RFP.pdf 07-00920 Scope of Services.pdf 07-00920 Certificate. pdf 07-00920 Disclaimer.pdf 07-00920 Verification.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Gonzalez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Sanchez Absent: 1 - Commissioner Regalado Chairman Gonzalez: RE.3, increase in the external auditing services agreement. Larry Spring: Commissioners, Larry Spring, chief financial officer. Vice Chairman Sanchez: RE.3, right? Mr. Spring: The resolution you have before you is authorizing an increase to the external auditing services agreement with Rachlin Cohen & Holtz by an amount of $50, 000. The Administration, specifically, Department of Finance, is requesting this increase due to the inordinate amount of additional work that had to be done to complete this year's financial audit. A lot of those issues were brought up by the fact that we converted to the new system, and additional reconciliations, particularly as it relates to our federal grants, had to be completed in conjunction with the CPA (Certified Public Accountant) firm, so we're respectfully -- and I'd also like to put on the record that their request was for actually about $93, 000 and we have negotiated the 50,000 as a appropriate recommendation to the board on the increase. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff I'll so move for discussion purposes. Chairman Gonzalez: OK. Vice Chairman Sanchez: Second for the purpose of discussion. Chairman Gonzalez: We have a motion, and we have a second. Discussion. Commissioner City ofMiami Page 69 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Sarnoff, you're recognized. Commissioner Sarnoff Larry, it's my recollection, in conversations with you, that we're not legally obligated to give these people an additional amount of money because this is within the scope of their services. They have a legally binding contract. Mr. Spring: They do have a fixed price contract to provide these services. However, it does -- the contract does allow for an escalation under significant extenuating circumstances that'll be considered by the City. Commissioner Sarnoff And what would those extenuating circumstances --? Mr. Spring: Those extenuating circumstances would be the fact that the City went through a conversion this year and -- at the year-end, which caused a lot of delays in preparing the necessary documentation that the CPAs needed in order to complete their work. Commissioner Sarnoff What --? Mr. Spring: In addition, the increase in our federal funding that the City receive with regards to UASI (Urban Areas Security Initiative) calls for a larger scope of work with regards to our single audit, so those two things combined require, I would say, probably hundreds of additional hours of -- on the part of the firm, and that's why we're recommending this increase. Commissioner Sarnoff The conversion was contemplated, though, was it not? Mr. Spring: Yes, it was, but the issues with the conversions were not contemplated. Commissioner Sarnoff I don't know how you can distinguish the two. I mean, if somebody contemplates something is about to happen during the course and scope of their services contract, and even though those services go beyond necessarily what they thought it would cost, it was contemplated in the agreement. You know, I -- Mr. Spring: No, no, no. Commissioner Sarnoff -- was at a CRA (Community Redevelopment Agency) -- Mr. Spring: The -- Commissioner Sarnoff -- go ahead. Diana Gomez: Diana Gomez, Finance director. The -- although the City contemplated the conversion to the system, the auditors have no idea that that was going to happen when they proposed on the engagement three years prior, so they had no idea that that's what we were going to be doing at the third year of their contract, so no, it was not contemplating at that point or by then. Commissioner Sarnoff But in you read the contract, the scope of services is a very broad scope of services. Ms. Gomez: That's correct. Commissioner Sarnoff -- and l just have trouble believing that they didn't know that there would be any possibility of the City converting to a new system. I mean, every -- if you just go -- you think about this, nobody maintains their accounting software program probably beyond 18 months to 24 months these days, because there's always updates; you're always going through City ofMiami Page 70 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 conversions. I'm suggesting to you that the scope of services that were provided in this agreement contemplated some flexibility with the contractor and knowing that he had to put -- provide the necessary time. Ms. Gomez: OK. Yes, I guess you could assume that any city will go through a conversion. However, the fact of the matter is -- yeah, our system actually has been in place for 20 years prior to this conversion, so it's not -- you know, it has -- it's not that often, but regardless, the amount of strain that it caused on the staff who usually do all the audit schedules and preparation did not allow us to complete a lot of the items timely, which then resulted in delays and additional test work on the fault -- on the side of the auditors in order for them to gain the amount of comfort that they needed to issue us our financial statements, so it was to no [sic] necessarily fault of their own that additional work had to be done, and on top of that, the fact that there were larger programs that, when they first bid on the engagement, we -- you know, our federal grants had doubled in size, and yeah, you can assume that there's going to be some growth, but not necessarily double in size. Commissioner Sarnoff So it's your statement to this Commission that the contract that we entered into was significantly -- was materially more -- that they've done materially more work than was contemplated at the time of contract? Ms. Gomez: That is correct. Mr. Spring: I would also add to the record that given the size and growth that the City has taken on in the last three years, you can expect -- because we're going back out to bid right now -- that, you know, potentially those bids will come in a lot higher than the three -year-ago amounts, so -- Commissioner Sarnoff Will this -- Mr. Spring: -- and change in regulations also. Commissioner Sarnoff -- contractor -- are you contemplating they will bid? Mr. Spring: I don't want to answer that question. Chairman Gonzalez: All right. We have a motion, and we have a second. It's a resolution. All in favor, say "aye." Vice Chairman Sanchez: One no. Chairman Gonzalez: One no. Commissioner Sarnoff Second no. Chairman Gonzalez: OK. Huh? Commissioner Sarnoff I don't vote for that either. Chairman Gonzalez: So -- OK. Commissioner Sarnoff You do not have a passed motion. Chairman Gonzalez: OK, then you have to -- OK. You had a -- you made the motion. Vice Chairman Sanchez: Yeah. City ofMiami Page 71 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Sarnoff For discussion purposes. Vice Chairman Sanchez: For discussion, so -- Chairman Gonzalez: OK. Vice Chairman Sanchez: -- we voted it down. Chairman Gonzalez: So -- Vice Chairman Sanchez: It doesn't pass; it dies 2/2, unless Commissioner Regalado gets back and makes a motion to reconsider, andl -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- think some -- may I just elaborate a little bit on what the Commissioner stated? He made some of my arguments. The bottom line is that, you know, we are facing cuts from State. I mean, we can't be generous with the public's -- taxpayers' dollars to just give out a $50, 000 bonus. I'm sure the company's a great company. I have the outmost [sic] respect, but you know, there are other companies out there that may come up and say, hey, listen, I performed andl performed over whatl had to do, and you know, it just opens up the door. It's just bad policy to put us in that position where we would have to make that decision, so I'm fiscally conservative when it comes to taxpayers' dollars and facing all the cuts that we're facing, facing the cuts that we faced on CDBG (Community Development Block Grant). I mean, that's $50, 000 that could go towards social services. That's just my opinion, with all due respect. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may. I think it's important to know that the reason that you have this item before you today is because we feel that it is justified to pay the additional $50, 000, and in my opinion, even though it's not a legal requirement, it's the right thing to do -- Commissioner Spence -Jones: Mr. -- Mr. Hernandez: -- and that's why you have it before you. Commissioner Spence -Jones: -- Chairman, I just wanted to ask. Everybody was briefed on this item -- Mr. Spring: Absolutely. Commissioner Spence -Jones: -- correct? Were some of the -- did some of these issues come up in the discussions? Mr. Spring: The -- one, Commissioner, did come up, and we thought we had addressed it, so -- Commissioner Spence -Jones: Commissioner Sarnoff -- Mr. Spring: -- I guess he was -- Commissioner Spence -Jones: -- in the briefing, it was not --? Commissioner Sarnoff No, no, I was briefed on this. What it comes down to is, ifI was in the private sector andl contracted for legal services to somebody and then, all of a sudden, I did more work than was contemplated, what I should do is put -- you want to call it a fudge factor -- City ofMiami Page 72 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Vice Chairman Sanchez: Change order. Commissioner Sarnoff -- do you want to put a flexibility factor. I have to bid my contract so that can -- Commissioner Spence -Jones: Have some room. Commissioner Sarnoff -- predict the unpredictable. Commissioner Spence -Jones: Right. Commissioner Sarnoff The question becomes when do you cross that threshold? You know, private sector would probably eat this. I think the public sector -- and when I say eat it, the private sector would probably not grant somebody additional sums, especially when there's no contemplation of further services of this particular vendor. My position is very similar to Commissioner Sanchez, and that simply is sometimes you bet right and sometimes you bet wrong. That's the object of every contract. IfI contract with Pete Hernandez to do work on my house, he's betting that he's going to do that work and earn a profit. I'm betting that he's going to do that work and maybe earn a profit, but not very much. It's the bet we make. Every contract is a bet. Mr. Spring: Mr. Chair, if you will allow me? We do have a representative from Rachlin Cohen here that'd like to speak. I would like to address one point that you made, that this would not happen in the private sector. Coming from the private sector and being comptroller in the banking industry, this does happen, and I've had to approve these type of increases in the private sector with -- surrounding these same circumstances, so it's not that you -- I understand, you know, if they just came willy-nilly and said, oh, well, you know, we didn't -- we thought we should earn more. This was a case where there was extenuating circumstances; a lot of additional test work that was not contemplated three years ago when they bid on this contract, so I would daresay there would have been more -- you know, there's more than enough justification here from the part of the Administration, and -- Chairman Gonzalez: Larry. Mr. Spring: -- if you would allow Mr. -- Chairman Gonzalez: -- bottom line, you don't have the vote, so it's dead. Vice Chairman Sanchez: But give you an "A" for effort, though. RE.4 07-00963 RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budgeting, and REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007. Performance 07-00963 Legislation.pdf 07-00963 Summary Form.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0449 City ofMiami Page 73 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 code enforcement officer positions will be allocated to District 5. Chairman Gonzalez: All right. Let's go to -- let's move to RE.4. Vice Chairman Sanchez: So move RE.4. Chairman Gonzalez: All right. We have a motion on RE.4. Is there a second? Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. I just want to -- for discussion real fast and for clarity, if you don't mind, andl don't know who that is. Is that Larry or is that Diana? Just as a -- oh, I'm sorry. Mike. Pedro G. Hernandez (City Manager): On 4, that will be Michael. Commissioner Spence -Jones: OK. I understand this has a lot to do with the head counts. That's what the changes are for? Vice Chairman Sanchez: No. Michael Boudreaux (Acting Chief Strategic Planning, Budgeting & Performance): It is -- it also includes two adjustments, monetary adjustments. Commissioner Spence -Jones: Yeah. Mr. Boudreaux: Sorry. Mike Boudreaux, director -- Commissioner Spence -Jones: Right, but I'm -- Mr. Boudreaux: -- Management and Budget. Vice Chairman Sanchez: All right. For -- Commissioner Spence -Jones: -- right, but it's affected -- a head count is still going to go to the bottom line, correct? Mr. Boudreaux: Yes, it is. Chairman Gonzalez: Fiscal year 2007 budget. Commissioner Spence -Jones: Yes. I just wanted to ask -- I saw in there -- and l just want to be clear -- that there's going to be at least six new Code Enforcement positions that are now going to be available. Is it six or four? Mr. Hernandez: Five. Commissioner Spence -Jones: It's five. Mr. Hernandez: I think it's five. Mr. Boudreaux: Five. Commissioner Spence -Jones: OK, so does that mean that -- I was -- it was communicated to me by Code Enforcement that means we get an extra Code enforcement officer in each one of our City ofMiami Page 74 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 areas? Mr. Hernandez: Not necessarily. I -- Commissioner Spence -Jones: OK. Mr. Hernandez: -- think that the idea was to have an additional one in the Grove, and additional one in Calle Ocho, an additional one in downtown Miami, and the other two locations, I'm not aware of or I don't recall, so they will be assigned to where we have the needs citywide. Commissioner Spence -Jones: OK. I just want to officially put on the record that, you know, I'm glad the other three Commissioners do have it, but if we have five going -- five being hired, I would definitely like to have one of those be in District 5, and it was communicated to me that we would have one -- Vice Chairman Sanchez: Four, right? Commissioner Spence -Jones: -- I mean, we really need to have one either in Liberty City or Overtown, so I just wanted to be clear that that would happen. That was -- I'm glad you cleared it up because I'm hearing that you only had three in mind, so -- Mr. Hernandez: Well, I just mentioned the ones, you know, off the top of my head. Commissioner Spence -Jones: OK -- Mr. Hernandez: There may be others as time --Mariano -- Commissioner Spence -Jones: -- but we -- District 5 will have an additional Code enforcement officer -- Mr. Hernandez: Yes. Commissioner Spence -Jones: -- as a part of that? OK, and then last but not least, I understand that now we're getting 23 new police officers because of this? Mr. Boudreaux: Yes. Commissioner Spence -Jones: OK, so that means we should definitely have more visibility on the streets now, correct? Mr. Hernandez: That is the goal, yes. Commissioner Spence -Jones: OK. That was it. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chair. Chairman Gonzalez: We have a motion and we have a second on RE.4. It's RE.4? Commissioner Regalado: RE.4. Chairman Gonzalez: Go ahead. City ofMiami Page 75 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Regalado: Just to memorialize the briefing that we had. So we're doing very good on the pension fund this year and next year? Mr. Boudreaux: The FIPO (Firefighters and Police Officers) Pension Board approved a change in the asset valuation method to reduce the amount of unfunded liability requirement on the City, and that will be effective in '07 and in '08. The '07 effects is what we're presenting so far in the third amended resolution to reduce the unfunded liability requirement by $15 million. Vice Chairman Sanchez: And that's basically the -- one of the primaries --? Mr. Boudreaux: That is the primary reduction to the general fund budget, yes. Commissioner Regalado: And that will go to the reserve? Mr. Boudreaux: That will reduce the general fund budget and the dependency on the general fund balance. Commissioner Regalado: OK. Chairman Gonzalez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: R -- Vice Chairman Sanchez: -- ifI could take the opportunity just to, once again, praise the City Manager and the unions. As you know, we were back and forth with the union contract, and one of the issues that, when we voted on that, that I pulled out for discussion was that this was a very important step into finding savings for our city, and basically, above all, I think it was by the Administration and the union sitting together to find relief and that relief has been this significant $15 million that'll be reduced from the budget, and this is just one on 207 [sic], and then there's another 15 million, so that's a total of $30 million, so that is something that I just wanted to, you know, once again praise everyone, because I think the Commission also played a very important role in what consider holding the fence and finding a solution to the problem that continues to be, and that's the pension, so I just want to state that we're making a step in the right direction when it comes to the pension and the crisis that we have in our city. Mr. Hernandez: Thank you, Commissioners. It's really a team effort. RE.5 07-00964 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO EXECUTE THE NECESSARY DOCUMENT(S), TO EVIDENCE THE CITY OF MIAMI'S ("CITY'S") WAIVER OF A POTENTIAL CONFLICT OF INTEREST INVOLVING THE REPRESENTATION BY HOLLAND AND KNIGHT LLP ("H AND K"), AS SPECIAL COUNSEL TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND H AND KS REPRESENTATION OF GENERAL GROWTH PROPERTIES IN A LEASE DISPUTE WITH THE CITY, AS STATED HEREIN. 07-00964 Legislation.pdf 07-00964 Cover Memo.pdf City ofMiami Page 76 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0450 Chairman Gonzalez: All right. RE.5. Is there a motion on RE.5? Vice Chairman Sanchez: Can you just -- Chairman Gonzalez: It's a resolution. Vice Chairman Sanchez: -- state for the record what it is, then I'm prepared to make that motion for the waiver? Julie O. Bru (Deputy City Attorney): OK. Mr. Chairman, and members of the Commission, this is a request that we have from the law firm of Holland and Knight for a waiver of conflict of interest. As you know, Holland and Knight has been providing special counsel services to the CRA (Community Redevelopment Agency) for quite some time. Their managing partner recently met with us and indicated that they would like to withdraw from representing the CRA because they find themselves more and more coming upon conflicts where they are unable to represent some clients in the private sector. They've made a business decision. They've indicated that they're going to be withdrawing shortly, but there is a matter that they have pending, which is representing a client in an arbitration involving Bayside, which, as you know, is -- the City is the landlord in the Bayside retail lease, so it would be an adversarial situation. They requested a waiver of conflict of interest in light of the fact that they are withdrawing from representing the CRA. We're putting it before you to make a determination as to whether or not you wish to waive that conflict of interest for that matter, for the Bayside arbitration matter at this time. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Madam City Attorney, how long has Holland and Knight been asking for a waiver? Ms. Bru: They have been asking for waivers from time to time. We have just been discussing it with them, and we had not brought it to you. There have been various issues for which they sought waivers, including they represent several media outlets, Miami Herald for one, and there was anticipation of perhaps some sort of adversarial matter that they would be handling on behalf of the Herald. This is the first time we're bringing to you an issue because of the fact that they've announced that they're going to be withdrawing as counsel for the CRA. Commissioner Sarnoff So the answer to my question is how long? Ms. Bru: How long they've been requesting waivers? I think this issue has been pending for at least a month. Commissioner Sarnoff One month? Ms. Bru: At least. Commissioner Sarnoff Not December of '06? Ms. Bru: I'm saying this issue. There were other issues that have been pending, but this City ofMiami Page 77 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 particular -- the Bayside arbitration issue has been pending for at least -- it could be more than a month. Commissioner Sarnoff OK, and they had been the CRA counsel for the better part of ten years? Ms. Bru: Approximately. Commissioner Sarnoff And they now are withdrawing from that contract? Ms. Bru: They have made a business decision, yes. Commissioner Spence -Jones: I just want to be clear on the reason in which they communicated why they're making this decision. It's really based upon the fact of kind of what we pay them and what private industry pays them? Ms. Bru: Right. They feel they're just losing out on too much opportunity to engage private clients because of the conflict that arises. Commissioner Sarnoff What is the hourly rate we pay them? Ms. Bru: I believe it's $200, but I'm -- I think, you know, the executive director, if he's still here, could speak to that, but it is a discounted rate. Commissioner Sarnoff All right. I'll make a motion. Chairman Gonzalez: All right. We have a motion on RE.5. Is there a second? Vice Chairman Sanchez: There's already a motion, right -- Commissioner Sarnoff Oh, there is? Vice Chairman Sanchez: -- and a second? No? Chairman Gonzalez: No. There was no motion. Vice Chairman Sanchez: OK, I'll second it. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.6 07-00971 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING THE NEGOTIATION AND BORROWING OF AND APPROVING A LOAN, IN AN AMOUNT NOT TO EXCEED $6,600,000, FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION (THE "LOAN") FOR THE PURPOSES OF FINANCING, REFINANCING, OR RECEIVING REIMBURSEMENT FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, AND/OR EQUIPPING OF THE PROJECTS AND APPROVING THE FINANCING OF THE PROJECTS FROM THE PROCEEDS OF THE LOAN, INCLUDING REIMBURSEMENT OF EXPENDITURES PREVIOUSLY MADE FOR SUCH PURPOSES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND City ofMiami Page 78 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 DELIVER A LOAN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM WITH SUCH CHANGES, INSERTIONS, AND OMISSIONS AS MAY BE APPROVED BY THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND ALL OTHER NECESSARY CITY OFFICIALS TO EXECUTE AND DELIVER ALL OTHER DOCUMENTS, INSTRUMENTS, AND CERTIFICATES IN CONNECTION THEREWITH WITH THE LOAN FOR THE PROJECTS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF THE LOAN; AUTHORIZING ALL REQUIRED ACTIONS; APPROVING, CONFIRMING, AND RATIFYING ALL OTHER ACTIONS TAKEN BY CITY OFFICIALS TO DATE IN CONNECTION WITH OBTAINING THE LOAN; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00971 Legislation.pdf 07-00971 Exhibit.pdf 07-00971 Exhibit 2.pdf 07-00971 Exhibit 3.pdf 07-00971 Exhibit 4.pdf 07-00971 Exhibit 5.pdf 07-00971 Exhibit 6.pdf 07-00971 Exhibit 7.pdf 07-00971 Exhibit 8.pdf 07-00971 Exhibit 9.pdf 07-00971 Exhibit 10.pdf 07-00971 Exhibit 11.pdf 07-00971 Exhibit 12.pdf 07-00971 Exhibit 13.pdf 07-00971 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0448 Chairman Gonzalez: RE. 6. Commissioner Spence -Jones: Capital Improvement. Where's Capital Improvement? Larry Spring: Larry Spring, chief financial officer. Commissioners, before you is a resolution requesting authorization and approv -- or acceptance of a loan from the Sunshine State Governmental Financing Commission in the amount of $6.6 million. This loan will allow the City to supplement many of its capital projects. In actuality, our award from the Committee [sic] was $34 million. The City intends to utilize these funds, at least the first drawdown, to complete Little Haiti project, and eventually, through -- via a swap, the Melreese Golf Course, so we're requesting your authoriz -- your approval at this time. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff So moved. Chairman Gonzalez: There is a motion. Is there a second? Vice Chairman Sanchez: Second. City ofMiami Page 79 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RE.7 07-00970 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS Improvements RESOLUTION NO. 06-0730, ADOPTED DECEMBER 14, 2006, TO Program APPROPRIATE THE AMOUNT OF $50,969,201, OF BOND PROCEEDS DERIVED FROM THE ISSUANCE OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND SERIES 2007B AS AUTHORIZED PURSUANT TO RESOLUTION NO. 07-0353, ADOPTED JUNE 14, 2007. 07-00970 Legislation.pdf 07-00970 Exhibit.pdf 07-00970 Summary Form.pdf 07-00970 Text Fille Report.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0451 Chairman Gonzalez: RE.7. Ola O. Aluko: Good morning, Commissioners. Ola Aluko, director of Capital Improvements, City ofMiami. RE.7 is a resolution of the City ofMiami Commission with the attachments amending the capital projects appropriations, adopted December 14, 2006. Basically, Commissioners, this resolution allows you to adopt the appropriations of the HD (Homeland Defense) 2 funds, which were approved in our capital projects -- our capital outlet projects, rather, back in April of this year. The amount is for $50,969,201, and we request your adoption. Chairman Gonzalez: All right. Commissioner Sarnoff So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 80 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 DISCUSSION ITEMS DI.1 07-00724 DISCUSSION ITEM Department of A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING A Finance FINANCIAL UPDATE AND BUDGET OUTLOOK. 07-00724 Summary Form.pdf DEFERRED Direction by Vice Chair Sanchez to the Administration to provide the Commission with the fiscal year 2007-2008 proposed budget early this year, so as to allow preparation by the Commission for its consideration in September. Chairman Gonzalez: I believe -- Ola O. Aluko (Director, Capital Improvements: Thank you. Chairman Gonzalez: -- that the Police Chief is here, and the Deputy, too, so let's go back to CA Pedro G. Hernandez (City Manager): CA.4. Chairman Gonzalez: -- 4. Vice Chairman Sanchez: All right. Before we -- while we wait for the chief to get here, Mr. Chairman, ifI could just -- DI.1, which was discussion item concerning the financial budget outlook was deferred to the next meeting, correct? Mr. Hernandez: Yes. Yes, sir. Chairman Gonzalez: Yes. Vice Chairman Sanchez: Can I just make a suggestion to the Administration, that please provide us with the budget book extra early this year so you -- we could prepare ourself [sic] for the September, and the reason why I say that, you know, this is -- andl know this is going to be Commissioner Sarnoffs first budget hearing. It's -- you know, some of us have been here for quite some time, but don't think we've ever been in the situation that we're in with the anticipation of the budget year's cuts from the State. Some of the decisions that have been offered and passed by this Commission pertaining to savings to the taxpayers, I think if there's ever been a budget that we could really look at and possibly bring more savings to the residents of the City ofMiami based on the future projections of the City, I think it's important that we do have an opportunity to really go through this budget through the workshops, through the briefings with the Administration, and really focus on this budget to see how we could reduce government, reduce cuts, and we could bring cuts to this budget, I believe, and just overall -- I believe we have an opportunity, being that we -- if we are more time to sit down an review the budget, the Commissioners could come up with some good suggestions on how we could make our budget much, much better than what it is. Mr. Hernandez: Commissioner, we'll do that. We have been going through the budget process hearings with all the departments, and we'll be preparing all the information necessary for you to be well-informed and make the right decisions. Vice Chairman Sanchez: Andl was -- Mr. Hernandez: We'll get them to you. City ofMiami Page 81 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Vice Chairman Sanchez: -- very glad today, Mr. City Manager, that you pulled one of the items that was coming in front of the Commission for additional funding. Every department that has come to see me, I've made it very clear that they need to start thinking about cuts. They need to start reducing their budgets. They need to start thinking about the perfect storm that's brewing out there with the State cuts and everyone else, including the City, including the County, including everyone, that are tightening up their belts, andl think this is an opportunity for us to continue to provide the same level of services, but still tightening up our belts and making sure that our budget is -- first of all, it has to be -- by State law, has to be budget, but it's a budget that will be accepted and approved by the stakeholders of the City ofMiami, and those are the people who live in Miami, the people who have properties in Miami, and the people who elect us every four years to hold office here, so I just want to make that clear to you, Mr. City Manager. Mr. Hernandez: We'll do so, sir. DI.2 07-00914 DISCUSSION ITEM Department of DISCUSSION OF FINDINGS AND RECOMMENDATIONS OF THE Finance EXTERNAL AUDITORS. 07-00914 Summary Form.pdf 07-00914 Pre-Legislation.pdf 07-00914 Submittal Financial Statement Presentation.pdf DISCUSSED Chairman Gonzalez: All right. Where do we stand now? Pedro G. Hernandez (City Manager): Mr. Chairman, we have -- Chairman Gonzalez: We have DI.2. Mr. Hernandez: -- DI.2, right, and staff is ready on DI.2, right? Yes. Diana Gomez: Diana Gomez, Finance director. Chairman Gonzalez: All right. Let's move on. Ms. Gomez: OK. This is -- this item is to formally present to the Commission the Comprehensive Annual Financial Report for the fiscal year end September 30, 2006, as required by the Financial Integrity Ordinance, and the hard copies of the reports have already been delivered to all -- to your respective offices. We do have some additional copies, if you do need them. I'm going to be discussing briefly the financial statements. However, the single audit and management letter will be discussed or brought back at the first September meeting, since we just finalized that a couple of days ago. All right. The period covered under the financial statement that we're going to discuss right now is from October 1, 2005 through September 30, 2006, and it's what's included in the report. The presentation that I gave you -- is before you kind of goes over what the different sections of the Comprehensive Annual Report are. The first section is introductory section, which has such things such as the Charter principle officials, which is just listing leadership of the City, the letter of transmittal, which is the Administration's introduction of the report and where we can kind of highlight some of the accomplishments of the City and the organizational chart of the City. The next section would be the financial section, which lists the independent auditor's report. This year we did get a clean opinion, an unqualified opinion on our financial statements, which represents -- which states that they -- the financial statements represent fairly the financial position of the City, OK. The MDNA section, the Management Discussion and Analysis section, talks -- gives a discussion of the overall City results, and it's based on factual information. There's no room for us to just put in our subjective thoughts or City ofMiami Page 82 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 anything in that section, and it gives also comparisons from year to year. The financial statements have all the basic financial statements, the balance sheet, statement of revenue expenditures, and then we have the required supplementary information and the combined statements, and the statistical section, that includes the trend information, as required by GASB (Government Accounting Standard Board) of various different trends of the City; financial trends, revenue capacities, demographics, economic information, and so on. One -- a couple of things that I did want to touch upon, some of the key numbers in the financial statements -- the statement of revenue expenditures and changes of fund balance, that report shows the revenues and expenditures for all the major funds, as well as all the nonmajor governmental funds. The main focus is on the general fund, obviously. Just wanted to point out revenues for the fiscal year totaled $451 million -- 451 million thousand -- I'm sorry -- $451 million. Expenditures totaled $452 million. We also had an increase in fund balance of $9.1 million, which ended up resulting in an overall fund balance for the end of the year of $126 million. It was up from 117 in the prior year. The balance sheet, also on the -- looking at the general fund balance balance sheet shows the different piece -- the different components of the City and its fund balance. One thing that I wanted to -- a couple things that I wanted to mention is that the -- you know, that the City has complied with the Financial Integrity Ordinance and has ten percent of the average three years of revenues plus (UNINTELLIGIBLE) amounts, which are reserved as undesignated - - unreserved and designated, which comes out to $41 million, and as well as the other ten percent that has to be unreserve designated, so if you look at -- Commissioner Sarnoff What does that number mean? Ms. Gomez: It means that -- the Financial Integrity Ordinance mandates that we hold ten percent of the average of the prior three years' revenues as undesignated fund balance reserve, so we have a -- been able to meet that, so we have ten percent in unreserved undesignated, and then there's another ten percent that's required to be in unreserved designated. I'm sorry. It's kind of a little of a tongue twister. Vice Chairman Sanchez: And what amount would that be, about 80? Ms. Gomez: Forty-one point six in each of those two categories, so it's like 82, $83 million that we are required per integrity ordinance. Commissioner Sarnoff And in laymen parlance, what does that mean? Ms. Gomez: I'm sorry? Commissioner Sarnoff In laymen parlance, what does that mean? Vice Chairman Sanchez: The reserves can't go lower than that. Ms. Gomez: It -- right. We have mandates as to where we have to set our reserves -- Commissioner Sarnoff Thank you. Ms. Gomez: -- and we have met those requirements. Sorry. All right. The last thing that I want to mention is talking about the statement of net assets, which is on the fund -- is a full accrual basis of accounting. OK, that includes a bunch of things that are long-term obligations, claims, payables, things like that; compensated absences, that GASB requires us to put forth in a financial statement. If you -- as you can see, we had net assets increase by $51.2 million to $731 million, and then it's just broken out by different types of restricted versus nonrestricted assets. Commissioner Sarnoff And just so I understand that, you're saying that the City's assets increased by a little over $50 million? City ofMiami Page 83 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Ms. Gomez: On a governmental -wide basis, that's a full accrual basis of accounting. It's not -- if you want to know what the fund balance increased by, it increased by $9.1 million on a governmental fund, general fund, how we typically -- GASB-34 has brought forth -- we need to report the statement of net assets, which is a complete government wide -- which takes into account a lot of things that are not necessarily readily available. Commissioner Sarnoff But what you consider to be an asset, can that be a liquid asset or can that be -- Ms. Gomez: Yeah -- no. Commissioner Sarnoff -- simply a hard --? Ms. Gomez: Capital assets, things that are not readily liquid. Commissioner Sarnoff So that only accounts for nonliquid assets? Ms. Gomez: Right. If you look here, net assets, when it shows, it says 640 million is invested in capital net of related debt, which means not available for spending. It's the assets of the City, all of the fixed assets, you know, buildings, machinery -- Commissioner Sarnoff Bricks and mortar -- Ms. Gomez: A lot of that, yes. Commissioner Sarnoff -- hard equipment. Ms. Gomez: Exactly, exactly. Chairman Gonzalez: All right. Ms. Gomez: Any questions? Chairman Gonzalez: Any questions on the --? Vice Chairman Sanchez: No, thank you. Chairman Gonzalez: All right. Seeing none, we need a motion to -- Commissioner Sarnoff So move. Vice Chairman Sanchez: No, no. No motion. Ms. Gomez: It's a discussion. It's just -- Vice Chairman Sanchez: Discussion. Ms. Gomez: -- a discussion item. It's required by financial integrity for me -- Chairman Gonzalez: It's a discussion item. Ms. Gomez: -- to present it. Chairman Gonzalez: All right. City ofMiami Page 84 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Commissioner Sarnoff Withdraw that motion then. City ofMiami Page 85 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 NON -AGENDA ITEMS NA.1 07-00998 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING, CURRENTLY SCHEDULED FOR SEPTEMBER 13, 2007, TO BE HELD ON SEPTEMBER 11, 2007. Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-07-0463 Chairman Gonzalez: That concludes the City ofMiami agenda. Pedro G. Hernandez (City Manager): Mr. Chairman, one item, if you allow me. It's very important that I put this at the record. The activities that were planned for September 13, which was supposed to be a regular Commission meeting and a budget hearing at 5 o'clock, need to be, in essence, switched over to Tuesday, September 11 -- Vice Chairman Sanchez: Because the County's -- Mr. Hernandez: The County's budget hearings are scheduled for September 6 and September 20, so our first budget hearing would now be occurring on September 11, at 5 o'clock, and on that same day, at 9 a.m., we will have a regular City Commission meeting, and the Clerk wanted to be sure that I had that on the record, and is there a motion needed? Vice Chairman Sanchez: Yes. So moved. Pamela E. Burns (Assistant City Clerk): Yes, sir. Commissioner Regalado: Second. Chairman Gonzalez: All right. There is a motion and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. NA.2 07-00997 DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI FIRE ASSESSMENT ON TAX BILLS AND TRIM NOTICES. DISCUSSED Commissioner Regalado: Mr. Chairman, one question. Mana -- Pedro G. Hernandez (City Manager): Yes. Commissioner Regalado: -- Mr. Manager, the resolution on the fire fee, was it transmitted to the County for them not to include it in the trim notice? Mr. Hernandez: Commissioner, I'm glad you brought that up. We have, as a matter of fact, at this time, City staff at the County working exactly on that to be sure that it's not included in the trim. Once they get back -- City ofMiami Page 86 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Chairman Gonzalez: All right. Mr. Hernandez: I was just been advised that since our action was taken last week, that the County already had it slated to go on the trim notice. Mike, is there anything you want to add to that? Michael Boudreaux: Mike Boudreaux, director, Budget and Management. We have informed the County about -- of the City's intention not to include the fire assessment in its tax bill. However, there was a timeline established by the County to provide certain information. We did let the County know that we do not intend to place it on the tax bill. Vice Chairman Sanchez: But it was placed? Mr. Boudreaux: But as the -- Chairman Gonzalez: All right. Mr. Boudreaux: -- timeline -- a couple of meetings ago, a timeline was established to go forward with the fire assessment to include it with the County's timeline to give the information, so since we elapsed that timeline and we have now informed the County originally to include it on the trim notice, we now gone and forward with -- to the County Appraiser's Office, informed them that you have now considered pulling it out, and it will not be included, so we have made the intention known to the County that we -- the City does not intend to have the fire assessment in its tax bill. Commissioner Regalado: Yeah, but it's going on the trim? Mr. Boudreaux: I believe the issue is, right now, that it's not going to be included on the tax bill Mr. Hernandez: But it will be on the trim. Mr. Boudreaux: -- but it will be on the trim. Commissioner Regalado: Right, and that was -- Chairman Gonzalez: All right. Commissioner Regalado: -- my question because then the people are going to start asking. Larry Spring: Larry Spring, chief financial officer. The City -- we can do one of a few things because of the action taken by the Board. We can put out a press release or send out some information to the general public of our intention. Short of that, it will go on the tax notice, similar to the proposed millage rate, similar to the proposed solid waste fee, which is typical of your trim notice. You get noted of what may happen. It notifies you of the dates, to con -- you know, contact the City's Administration, be present at the hearing, and you know, it'll be -- your final action will be taken at that hearing, so unfortunately, I guess, you know, because of deadlines in turning your information in, we are where we are, butt mean, we can try to put out information to the contrary, and this Board is already kind of taking that action, so -- Vice Chairman Sanchez: All right. NA.3 07-00994 RESOLUTION City ofMiami Page 87 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $4000, TO THE Tomas Regalado INTERNATIONAL HISPANIC BALLET, TO CO-SPONSOR AN EVENT TO BE HELD AT THE PERFORMING ARTS CENTER IN SEPTEMBER, 2007; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0462 Chairman Gonzalez: All right. We have, I believe, one item left. Is this yours, Commissioner Regalado? Vice Chairman Sanchez: Yep. Chairman Gonzalez: A resolution of the City ofMiami Commission authorizing the allocation of 400 -- $4,000? Commissioner Regalado: Four thousand dollar for the International Hispanic Ballet Festival, to be held in the Performing Arts Center -- Chairman Gonzalez: All right. There is -- Commissioner Regalado: -- in September. The reason I'm bringing as a pocket item is because it is in September. They have to pay the amount, and this is -- Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Spence -Jones: Second. Well, I -- Chairman Gonzalez: We have a second. All in favor -- Commissioner Spence -Jones: -- actually -- Chairman Gonzalez: -- say "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: -- moved it. I moved it, so -- I'm sorry. Commissioner Regalado: OK. Chairman Gonzalez: All right. Commissioner Spence -Jones: So you second it? Commissioner Regalado: I move -- I second. It's from the District 4 Special Events account. Chairman Gonzalez: Right. NA.4 07-00996 DISCUSSION ITEM DISCUSSION REGARDING PAYMENTS RECEIVED BY THE CITY OF MIAMI IN City ofMiami Page 88 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 CONNECTION WITH THE FIRE ASSESSMENT SETTLEMENT. DISCUSSED Chairman Gonzalez: All right. Any other items from the Commissioners? Any pocket items? Julie O. Bru (Deputy City Attorney): Mr. Chairman -- Chairman Gonzalez: Any action that --? Ms. Bru: -- the City Attorney has a pocket item. Chairman Gonzalez: You have a pocket item? Ms. Bru: Yes. Vice Chairman Sanchez: Move to deny. Chairman Gonzalez: OK. Go ahead. Move to deny. What is your pocket item? Ms. Bru: OK. I'm sure you'd like to hear this. We have very good news to report, andl think it's important, in light of the fact that last Commission meeting, last week, you approved a settlement in the fire fee case, and part of our presentation including making everyone aware that there was still an appeal pending that we were uncertain of the outcome. Well, now we have good news to report. We have received payments totaling 1.478282 -- $1, 478, 282 on behalf of three of the individuals who were part of the original settlement that had not yet paid that money. They sent us that payment. That was Gordon Willits, Eva Nagymihaly, and Jean and Jocelyn Prosper, so this brings the total money that is now deposited in the City's trust account to $3, 741, 541.40. We have been able to get back more than the original money that was disbursed as part of the original settlement, so in fact, we've gotten post judgment interest. The amount probably will be 3.750, so -- Chairman Gonzalez: Great. Ms. Bru: -- and -- Chairman Gonzalez: Good news. Commissioner Sarnoff This -- Ms. Bru: -- the appeal has been dismissed, the underlying appeal that had been filed by the firm ofAdorno Zeder challenging the trial court's ruling that set aside the settlement and ordered the monies paid back to the City has been dismissed, so this part of the lawsuit now has been concluded. Commissioner Sarnoff Who actually made the payment? Ms. Bru: The payments were made by -- I understand the payments were made by Adorno Zeder, by the firm, not the individuals. Chairman Gonzalez: All right. Great news. Great news to close this meeting. NA.5 07-00995 DISCUSSION ITEM SALUTE BY THE CITY MANAGER TO LARRY SPRING, CHIEF FINANCIAL OFFICER. City ofMiami Page 89 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 DISCUSSED Pedro G. Hernandez (City Manager): Mr. Chair, if you allow me, just very short pocket item. I would like to -- Chairman Gonzalez: Pete, how far are you going to -- Commissioner Sarnoff Motion to deny. Commissioner Spence -Jones: I know. Chairman Gonzalez: -- drive me? Mr. Hernandez: I'm just going to salute Mr. Larry Spring, our CFO (Chief Financial Officer). Today's his birthday. Chairman Gonzalez: Oh -- Commissioner Sarnoff Oh. Commissioner Spence -Jones: Oh. Chairman Gonzalez: -- happy birthday. Applause. Chairman Gonzalez: Happy birthday. Commissioner Spence -Jones: Larry, you're a Leo? Larry Spring (Chief Financial Officer): Yes. Commissioner Spence -Jones: Oh, tomorrow's my birthday, so I'm one day after you -- Mr. Spring: Well, happy birthday. Mr. Hernandez: Happy birthday. Chairman Gonzalez: Pete, any -- Commissioner Spence -Jones: -- so we'll have a party tonight. Chairman Gonzalez: -- other pocket items? Pete -- Commissioner Regalado: No. Mr. Hernandez: No, sir. Chairman Gonzalez: -- any other pocket items? Commissioner Regalado: Oh, my God -- Mr. Hernandez: No, sir. Commissioner Regalado: -- a Leo. City ofMiami Page 90 Printed on 9/4/2007 City Commission Meeting Minutes August 1, 2007 Motion to Adioum Chairman Gonzalez: Any other issues? Commissioner Regalado: A Leo, that's why so stubborn. Chairman Gonzalez: All right, so we need a motion to adjourn this Commission meeting. Commissioner Sarnoff So moved. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Meeting is concluded. A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 91 Printed on 9/4/2007