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HomeMy WebLinkAboutCC 2008-01-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 10, 2008 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 10, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the loth day of January 2008, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Joe Sanchez at 9:14 a.m., recessed at 11: 48 a.m., reconvened at 1:39 p.m., and adjourned at 5: 32 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:15 a.m. Commissioner Gonzalez entered the Commission chambers at 1: 48 p.m. and Vice Chair Spence -Jones entered the Commission chambers at 1: 52 p.m. Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: Welcome to the January 10, 208 [sic] meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Michelle Spence -Jones, Vice Chair, Tomas Regalado, Angel Gonzalez, Marc David Sarnoff, and me, Joe Sanchez, as your Chair. Also on the dais is the City Manager, Pete Hernandez, and our City Attorney, Jorge L. Fernandez, and also, our City Clerk, Priscilla Thompson. The meeting will be opened with a prayer by Michelle Spence -Jones, followed by the pledge of allegiance by Commissioner Regalado. You could all join us. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-00014 CEREMONIAL ITEM Honoree Presenter Protocol Item Maucha Gutierrez Chairman Sanchez Proclamation 08-00014 Protocol List.pdf PRESENTED 1. Chair Sanchez presented a proclamation to Maucha Gutierrez recognizing her for her historic contributions to the growth and strength of the City ofMiami, having served as a leader in the forefront of progressive involvement, working to elevate the quality of life for the citizens of the City of Miami. 2. Mayor Diaz presented a Salute to Miami Northwestern Senior High School, 2007 State Football Champions, to pay tribute to the countless hours of training and commitment to physical excellence and team spirit that resulted in the team's victorious pursuit of the 2007 State Championship in Class 6A Football and its first place ranking on ESPN's Top 25 Elite High School Teams in the Nation. 3. Mayor Diaz presented a Salute to Booker T. Washington Senior High School, 2007 State Football Champions, to pay tribute to the countless hours of training and commitment to physical excellence and team spirit that resulted in the team's victorious pursuit of the 2007 State Championship in Class 4A Football and its fourth -place ranking on ESPN's Top 25 Elite High School Teams in the Nation. City ofMiami Page 3 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: At this time, we'll do the presentations, and first one would be Mr. City -- or Mr. -- okay, we'll do Maucha. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: There are no mayoral vetoes. Correct me, if I'm wrong, Madam Clerk. Priscilla A. Thompson (City Clerk): You are correct. Chair Sanchez: All right. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: And we need to approve a couple of meetings. We need to approve the minutes of the following meetings. The special Planning and Zoning meeting, which was scheduled -- which was held 11/28/07. Need a motion to approve that meeting -- the minutes. Commissioner Sarnoff So moved. Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, that item passes. Regular meeting, 12/13/07. We need a motion to approve the minutes. Commissioner Sarnoff So moved. Chair Sanchez: So moved -- Vice Chair Spence -Jones: Second. City ofMiami Page 4 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: -- by Commissioner Sarnoff, second by Vice Chair Michelle Spence -Jones. Item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Planning and Zoning meeting, 12/13/07; need a motion. Commissioner Sarnoff So moved. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion by Commissioner Spence -Jones [sic], second by Vice Chair Spence -Jones. It is to approve the minutes of the Planning and Zoning meeting being held -- that was held 12/13/07. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we also need to approve the minutes for the supplemental agenda that was held here on 12/13/07. There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right. Motion carries. All right. Consent agenda. Priscilla A. Thompson (City Clerk): Thank you. Chair Sanchez: And we'll go ahead and proceed with the Commission meeting, and we will now begin the regular Commission meeting. The City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney, you're recognized for the record. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public, any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. The City ofMiami requires any person or entity requesting approval, relief or other action from the City Commission to disclose, at the commencement of the hearing on the issue, any consideration provided or committed directly or on its behalf to any entity or person for an agreement to support or withhold objections to the requested approval, relief or action. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit, or financial assistance of any kind or value, whether direct or implied or any promise or agreement to provide any of the foregoing in the future. Please note that if you have previously submitted the affidavit that goes with this form as part of the application package, you're required to read the disclosure contained therein into the record prior to the commencement of the hearing. Also, if there is any additional information to disclose since the time you submitted the application, you must supplement that affidavit. If you City ofMiami Page 5 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 have not previously submitted the affidavit and have information to disclose, please obtain and complete the affidavit prior to the commencement of the public hearing on the issue. Individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653 and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant or owner's legal representative, are not required to submit the disclosure affidavit. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person prior to submission to the City Clerk. Anyone wishing to appeal any decision made by the Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent, slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should shall inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphones here upfront and wait to be recognized. Any person with disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. At this time, Mr. Chairman, the Administration will announce which items, if any, are being withdrawn, deferred, or substituted. Chair Sanchez: Mr. City Manager. Pedro G. Hernandez (City Manager): Good morning, Mr. Chairman, Commissioners. We have three items that will be deferred or continued. The first one is PH.7, to be deferred to January 24. The second one is FR. 6, to be continued to February 14, and the last one is RE.9, to be deferred to January 24. Chair Sanchez: All right. Mr. Hernandez: Those are the only three items. Chair Sanchez: Okay. Do any of the Commissioners wish to remove any of the items on the consent agenda or defer any of the items? All right. Then that takes care of that. CONSENT AGENDA CA.1 07-01539 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED OCTOBER 31, 2007, PURSUANT TO INVITATION FOR BIDS NO. 44028,2, FROM D.A.K. SECURITY AGENCY, INC., AND THE PEACE KEEPERS, INC., THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF CROWD MANAGEMENT AND PARKING PERSONNEL SERVICES CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM City ofMiami Page 6 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01539 Legislation.pdf 07-01539 Summary Form.pdf 07-01539 Award Reccomendation.pdf 07-01539 Award Sheet.pdf 07-01539 Fax.pdf 07-01539 Letter.pdf 07-01539 Web Page.pdf 07-01539 Electronic Articles.pdf 07-01539 Quote.pdf 07-01539 Quote2.pdf 07-01539 Certification Statement.pdf 07-01539 Spreadsheet.pdf 07-01539 Letter2.pdf 07-01539 Addendum.pdf 07-01539 Addendum2.pdf 07-01539 Quote3.pdf 07-01539 Quote4.pdf 07-01539 References.pdf 07-01539 Web Page2.pdf 07-01539 Electronic Articles2.pdf 07-01539 Quote5.pdf 07-01539 Quote6.pdf 07-01539 Spreadsheet2.pdf 07-01539 Quote7.pdf 07-01539 Quote8.pdf 07-01539 Spreadsheet3.pdf 07-01539 Quote9.pdf 07-01539 Quotel0.pdf 07-01539 Spreadsheet4.pdf 07-01539 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0001 CA.2 07-01540 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 10 THROUGH FEBRUARY 21, 2008, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City ofMiami Page 7 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01540 Legislation.pdf 07-01540 Exhibitl.pdf 07-01540 Exhibit2.pdf 07-01540 Exhibit3.pdf 07-01540 Exhibit4.pdf 07-01540 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.3 07-01541 Department of Employee Relations R-08-0002 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 36012, THAT THE SOLE PROPOSER, SHARF & ASSOCIATES, EMPLOYMENT RISK ADVISORS, INC., IS QUALIFIED TO PROVIDE EXPERT TESTING CONSULTANT SERVICES FOR THE CITY OF MIAMI'S DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A TWO (2) YEAR PERIOD, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,000, RESULTING IN A POTENTIAL TOTAL CONTRACT AMOUNT NOT TO EXCEED $500,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF EMPLOYEE RELATIONS GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.171000.531000. 07-01541 Legislation.pdf 07-01541 Exhibit.pdf 07-01541 Exhibit2.pdf 07-01541 Exhibit3.pdf 07-01541 Exhibit4.pdf 07-01541 Exhibit5.pdf 07-01541 Exhibit6.pdf 07-01541 Exhibit7.pdf 07-01541 Exhibit8.pdf 07-01541 Summary Form.pdf 07-01541 Memo.pdf 07-01541 Evaluation Criteria.pdf 07-01541 Memo2.pdf 07-01541 Web Page.pdf 07-01541 Request for Proposal.pdf 07-01541 Letter.pdf 07-01541 Table of Contents.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0003 City ofMiami Page 8 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 CA.4 07-01542 Bayfront Park Management Trust RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST TO ENTER INTO A FIVE- YEAR AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AD SYSTEMS, INC., FOR THE PURCHASE, COMPLETE INSTALLATION, OPERATION AND MAINTENANCE OF AN UPGRADED OUTDOOR ELECTRONIC MARQUEE SIGN ("MARQUEE"), REPLACING THE CURRENT MARQUEE AT BAYFRONT PARK, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 04-05-098. 07-01542 Legislation.pdf 07-01542 Exhibitl.pdf 07-01542 Exhibit2.pdf 07-01542 Exhibit3.pdf 07-01542 Exhibit4.pdf 07-01542 Summary Form.pdf 07-01542 Memo.pdf 07-01542 Letter.pdf 07-01542 Grant Request.pdf 07-01542 RFLI.pdf 07-01542 Executive Summary.pdf 07-01542 Customer List.pdf 07-01542 Solution & Approach.pdf 07-01542 Web Page.pdf 07-01542 Specifications.pdf 07-01542 Picture.pdf 07-01542 Specifications2.pdf 07-01542 Specifications3.pdf 07-01542 Maintenance Schedule.pdf 07-01542 Contractor Documentation.pdf 07-01542 Occupational License.pdf 07-01542 Additional Information.pdf 07-01542 Addendum 1.pdf 07-01542 Addendum 2.pdf 07-01542 Picture2.pdf 07-01542 Picture3.pdf 07-01542 Picture4.pdf 07-01542 Picture5.pdf 07-01542 Picture6.pdf 07-01542 Picture7.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.5 07-01543 Department of Risk Management R-08-0004 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN City ofMiami Page 9 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 SUBSTANTIALLY THE ATTACHED FORM, WITH BROWN AND BROWN OF FLORIDA, INC., THE TOP -RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS, TO PROVIDE INSURANCE BROKERAGE SERVICES, FOR AN INITIAL ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND THE AGREEMENT FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $106,250; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 301001.545000. 07-01543 Legislation.pdf 07-01543 Exhibitl.pdf 07-01543 Exhibit2.pdf 07-01543 Exhibit3.pdf 07-01543 Exhibit4.pdf 07-01543 Exhibit5.pdf 07-01543 Summary Form.pdf 07-01543 Memo.pdf 07-01543 Final Tabulation Results. pdf 07-01543 Request for Letters.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Comm R-08-0005 CA.6 07-01544 RESOLUTION Department of Risk Management ssioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AN ASSIGNMENT OF AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM PARAGON DENTAL SERVICES, INC. (HEREINAFTER REFERRED TO AS "PARAGON"), A FLORIDA CORPORATION, TO STARMARK BENEFITS, INC. (HEREINAFTER REFERRED TO AS "STARMARK"), A FLORIDA CORPORATION, AMENDING THE ORIGINAL SERVICE AGREEMENT DATED DECEMBER 2, 2004, BUT EFFECTIVE AS OF JANUARY 1, 2005, TO REFLECT THE ASSET PURCHASE AGREEMENT BY STARMARK FROM PARAGON. 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 07-01544 Legislation.pdf Exhibitl .pdf Exhibit2. pdf Exhibit3. pdf Exhibit4. pdf Exhibit5.pdf Exhibit6. pdf Exhibit7. pdf Exhibit8. pdf Exhibit9. pdf Exhibitl0.pdf Exhibitl l .pdf Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 10 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 CA.7 07-01562 Honorable Mayor Manny Diaz CA.8 07-01516 Office of the City Attorney R-08-0006 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $250,000, FROM THE JOHN S. AND JAMES L. KNIGHT FOUNDATION; AUTHORIZING THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $200,000, TO PROVIDE EDUCATIONAL OPPORTUNITIES TO STUDENTS BY SUPPORTING ELEVATE MIAMI-RITES OF PASSAGE, A PROGRAM THAT WILL SECURE COMPUTERS, PURCHASED THROUGH PER SCHOLAS, INC., FOR EVERY SIXTH GRADER IN THE CITY; ALLOCATING FUNDS, IN THE AMOUNT OF $200,000, FROM THE MAYOR'S POVERTY INITIATIVE ACCOUNT: PROJECT # 199005, ACCOUNT CODE 15500.150001.534000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-01562 Legislation.pdf 07-01562 Exhibitl.pdf 07-01562 Exhibit2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39,000, FROM FISCAL YEAR 2007-2008 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 00001.980000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 07-01516 Legislation.pdf 07-01516 Cover Memo.pdf 07-01516 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0008 CA.9 07-01517 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $49,000, FROM FISCAL YEAR 2007-2008 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.980000.531010.0000.0000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE City ofMiami Page 11 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 CA.10 07-01518 Office of the City Attorney ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 07-01517 Legislation.pdf 07-01517 Cover Memo.pdf 07-01517 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0009 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,500 FROM FISCAL YEAR 2007-2008 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.980000.531010.0000.0000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 07-01518 Legislation.pdf 07-01518 Cover Memo.pdf 07-01518 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0010 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, 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 Chair Sanchez: Consent agenda. Is there -- any of the Commissioners want to pull any of the consent agenda for discussion? If not, is there a motion to -- Commissioner Sarnoff So moved. Chair Sanchez: -- approve the consent agendas [sic]? Motion is -- Commissioner Gonzalez: Move -- Chair Sanchez: -- made by Commissioner Sarnoff, second by Commissioner Gonzalez. Any discussion on the consent agenda? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, so the City ofMiami Page 12 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 PH.1 07-01556 Department of Public Facilities consent agendas [sic] have been approved for the record. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW CITY OFFICERS, OFFICIALS AND EMPLOYEES TO PURCHASE MEMORABILIA AND/OR ASSETS FROM THE ORANGE BOWL STADIUM. 07-01556 Legislation.pdf 07-01556 Summary Form.pdf 07-01556 Memo.pdf 07-01556 Notice of Public Hearing.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0011 Chair Sanchez: Let's go ahead and go to R -- PH.1. PH.1 requires a four fifth vote. It's a waiving of conflict of interest for the Orange Bowl Stadium memorabilia. Department director -- I'm also going to have all the department directors that are speaking on an item approach the podium, introduce themselves, and speak on the item, and I'll tell you why. I've had complaints from people that are watching on home -- or watching TV (Television) on [sic] home, and at times, they don't know what we're voting for. We could be voting on giving away the City; they don't know because it's not put on the record by the director. There's a motion made, second, and it's voted on, andl think it's very important that we provide as much information as possible, so Madam Director, you're recognized on this item. Laura Billberry (Director): Lori Billberry, Public Facilities. The item before you is a resolution to waive the conflict of interest provisions in the City Code in order to allow City officers, officials, and employees to be able to buy some of the Orange Bowl memorabilia that will be for sale. Last Commission meeting, the Commission had approved a contract with Mounted Memories to handle that sale for the City. Chair Sanchez: All right. On the item, any questions on the item? Commissioner Sarnoff Yeah. I apologize. Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Mr. Chairman. In the actual documents itself, it suggests that City employees should be provided a 15 percent discount. I could support this item if we redact the discount or any favorable treatment to City ofMiami employees. Chair Sanchez: All right. Ms. Billberry: That -- ifI may. That was not in this item, but it is not something that's being proposed at this time. City ofMiami Page 13 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right, so for the record, there's no discount to City employees. Ma'am? For the record, there's no -- Ms. Billberry: For the record. Chair Sanchez: -- discount to City employees. All right. It is a resolution. It requires a four fifth. Any discussion on the item? If not, need a motion. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion by -- Jorge L. Fernandez (City Attorney): It's a public hearing. Chair Sanchez: -- Commissioner Sarnoff. Mr. City Attorney, you want to be recognized for the record? Mr. Fernandez: It's a public hearing. Chair Sanchez: Oh, I do apologize. Yes, it is. It is a public hearing. We have a motion and a second for the record. Madam Clerk, the motion has been made by Commissioner Sarnoff, second by Vice Chair Spence -Jones. The item is under discussion. Public hearing. It is open to the public. Anyone wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any discussion on the item? Vice Chair Spence -Jones: I just -- Madam Director, I just have one quick question. I did see something on the news last night. I guess it was a press conference that took place at the Orange Bowl. When -- andl only got -- caught the tail end of it. When is the actual -- is there going to be like an official event or sale, or how -- Ms. Billberry: Yes. Vice Chair Spence -Jones: -- are you guys notifying the public that this -- Ms. Billberry: There are -- Vice Chair Spence -Jones: -- is going to happen? Ms. Billberry: -- two events going -- that will be occurring. The first will be a flag football game on January 26 between UM (University ofMiami) legends and Dolphin legends. We're also putting together a Police/Fire game against Miami Police/Fire against Fort Lauderdale Police/Fire on that day. There will be free autographs available for -- with football players at that game. Tickets are on sale. You can go to Ticketmaster to buy the tickets, or you can go to OrangeBowlStadium.com. Also on that Web site is information about how to buy seats and memorabilia. For example, people can put in a request to buy their specific seat, although it will be on a first -come, first -serve basis. There will be some memorabilia available also at the January 26 event, or you can buy things online. Then there will be also an auction on February 9, where additional items will be for sale, including some of the assets, and that would be in the perimeter of the Orange Bowl Stadium. Vice Chair Spence -Jones: Thank you, Lori. I just wanted to make sure the public that's watching this at least knew what -- you know, what was going to happen with it. City ofMiami Page 14 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 PH.2 07-01400 Department of Public Facilities Ms. Billberry: Yes, and we hope -- Vice Chair Spence -Jones: Thank you for putting it on the record. Ms. Billberry: -- that you all come 'cause we all would like you to participate on January 26. Chair Sanchez: All right. Hearing no further discussion, there's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1494 NORTHWEST 58 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO AJ ROBERTS, A SINGLE MAN, FOR THE PURCHASE PRICE OF SEVEN THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS ($7,285); AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 07-01400 Legislation.pdf 07-01400 Exhibitl.pdf 07-01400 Exhibit2.pdf 07-01400 Summary Form.pdf 07-01400 Notice of Public Hearing.pdf 07-01400 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0015 Chair Sanchez: And we move to PH.2. It's a resolution. Department of Public Facilities, you're recognized for the record. Laura Billberry (Director): Lori Billberry again, Public Facilities. This is a resolution authorizing the sale of a property, at 1494 Northwest 58th Terrace, to A. J. Roberts for $7,285. This item is a property that came to the City from the lands available for taxes from the County, and it is just a small remnant piece that is not developable. It's only 2,332 square feet. This item was continued from the last meeting in order to allow an opportunity for the item to go before the Liberty City Trust, and they have recommended approval of this item. Chair Sanchez: All right. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is City ofMiami Page 15 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 closed, coming back to the Commission. Need a motion. Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion by Vice Chair Spence -Jones. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Discussion on the item. Commissioner Sarnoff Yeah. Chair Sanchez: Questions. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff I hope everybody in the public would take note at what the property was appraised for in 2006 and what it's now appraised for, and the reason I bring that to everyone's attention, it's a good example of the Dade County assessor changing his evaluation of property by a substantial amount of money. I believe the number went down from 25,000 to $7, 000, and everybody should take note of that because what I've been hearing in all of the discussions regarding taxes, everybody's -- many of the state legislatures have said when something is assessed up, it never comes back down. This is a prime example of just reviewing and looking at a piece of property that went up to 25,000, and it came down in one year to $7,000. I just want everybody listening to think about whether your property is properly assessed, and if you have any doubts that it is properly assessed, that you should take all your legal action that you can to make sure that your property gets reassessed because what it may have been worth in 2005 may not be what it is worth in early 2008, so what comes up does come down. Chair Sanchez: All right. Any further questions? If not, I have one. Is this a fair market value for that property? Ms. Billberry: This is based on the assessed value is what the owner has agreed to pay. Chair Sanchez: All right. Any further discussion on the resolution? If not, we are voting on PH.2. There's a motion and a second. Public hearing was open and closed. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.2 passes. Priscilla A. Thompson (City Clerk): Thank you. PH.3 07-01433 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS GRAPELAND PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY City ofMiami Page 16 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 07-01433 Legislation.pdf 07-01433 Exhibitl.pdf 07-01433 Exhibit2.pdf 07-01433 Exhibit3.pdf 07-01433 Exhibit4.pdf 07-01433 Exhibit5.pdf 07-01433 Summary Form.pdf 07-01433 Memo.pdf 07-01433 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0023 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Gonzalez, 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 Chair Sanchez: PH.3 is also a resolution. Department of Public Facilities, you're recognized for the record. Commissioner Gonzalez: Mr. Chairman, I would like to defer PH.3. It's in my district. It's in Grapeland Park -- Chair Sanchez: All right. There's a motion -- Commissioner Gonzalez: -- and haven't been brief on -- Chair Sanchez: -- to defer the item. Commissioner Gonzalez: -- it, andl want to get some briefing on it. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: There's a motion to defer the item by the district Commissioner; that's always in order. Commissioner Sarnoff Second. City ofMiami Page 17 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been -- you mean continued or deferred? Vice Chair Spence -Jones: Deferred. Commissioner Gonzalez: Deferred. Chair Sanchez: Okay. Commissioner Gonzalez: Until next -- Chair Sanchez: Continued. Commissioner Gonzalez: -- meeting. Chair Sanchez: You mean continued. Priscilla A. Thompson (City Clerk): Yes. Commissioner Gonzalez: Continued until the next -- Chair Sanchez: Okay. Commissioner Gonzalez: -- meeting. Chair Sanchez: Just for the record, it's not a deferral; it's a continuance for the next regular Commission meeting. Madam Clerk. Ms. Thompson: Correct. Chair Sanchez: All right. Ms. Thompson: Thank you. [Later..] Chair Sanchez: All right. We go to RE.1. RE.1 is a resolution. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes, sir. Commissioner Gonzalez: Before going into RE.1, I would like to make a motion to reconsider PH.3, if there is -- Vice Chair Spence -Jones: PH.3? Commissioner Gonzalez: -- no objection from the -- from my colleagues. Chair Sanchez: PH.3. City ofMiami Page 18 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Vice Chair Spence -Jones: Oh, okay. No ob -- Commissioner Gonzalez: Has to do with an easement on Grapeland Park. I had some concerns; they have been clear up. Chair Sanchez: What -- we -- do we need a motion to reconsider that? Ms. Thompson: Yes. Chair Sanchez: No. We didn't vote on -- Commissioner Regalado: Yeah, yeah. Ms. Thompson: He continued it. Commissioner Regalado: Defer. Commissioner Sarnoff He's recon -- Chair Sanchez: Oh. Commissioner Regalado: It was defer. Commissioner Sarnoff -- reconsidering it for a vote. Chair Sanchez: Oh, okay, okay, okay. Commissioner Gonzalez: It was continued. It was continued until -- Chair Sanchez: Okay, so there's -- okay, okay. I stand corrected. Commissioner Regalado: Second. Chair Sanchez: There's a motion to reconsider -- Commissioner Regalado: Second. Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Regalado. The item is - - has been reconsidered. It's a -- Ms. Thompson: Vote. Chair Sanchez: We need a vote. Jorge L. Fernandez (City Attorney): Yes. Chair Sanchez: All in -- Commissioner Gonzalez: Yes., PH.3 and PH.5. Chair Sanchez: Okay, so both items are being reconsidered. Madam Clerk -- Mr. Fernandez: Correct. Chair Sanchez: -- can we say that there's a motion and a second for both items to be City ofMiami Page 19 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 reconsidered? All right. All in favor for the recon -- all in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. The items have been reconsidered. Chair Sanchez: Now we'll take up -- the first item is -- Jorge L. Fernandez (City Attorney): PH 3. Commissioner Gonzalez: PH.3. Chair Sanchez: -- PH3. Commissioner Gonzalez: I move PH.3 for approval -- Chair Sanchez: Okay, there's a -- Commissioner Gonzalez: -- of the easement. Chair Sanchez: -- motion by Commissioner -- Vice Chair Spence -Jones: Second. Commissioner Regalado: Second. Chair Sanchez: -- Gonzalez, second by Commissioner Regalado. That's resolution on PH. 3. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, before we go back to the Commission, I would like the executive director to put something into the record before we take a vote. Laura Billberry (Director): Lori Billberry, Public Facilities. This was a resolution to grant an easement to FP&L (Florida Power & Light) for Grapeland Park. This is -- are utilities that are already in place and operational. Commissioner Gonzalez: Right. Chair Sanchez: Okay. There's a motion and a second. All in favor, say aye.' The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. PH.4 07-01434 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0028, ADOPTED JANUARY 11, 2007; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, OF: (1) PERPETUAL, NON-EXCLUSIVE EASEMENT ON A FIVE (5) FOOT WIDE BY APPROXIMATELY TWO HUNDRED FIFTY-THREE (253) FOOT LONG STRIP OF CITY -OWNED PROPERTY LOCATED AT 6421 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AND (2) A PERPETUAL, NON-EXCLUSIVE EASEMENT ON A FIVE (5) FOOT WIDE BY City ofMiami Page 20 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 APPROXIMATELY FOUR HUNDRED FIFTY-ONE (451) FOOT LONG STRIP OF CITY -OWNED PROPERTY LOCATED AT 6301-05 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 07-01434 Legislation.pdf 07-01434 Exhibitl.pdf 07-01434 Exhibit2.pdf 07-01434 Exhibit3.pdf 07-01434 Exhibit4.pdf 07-01434 Exhibit5.pdf 07-01434 Summary Form.pdf 07-01434 Memo.pdf 07-01434 Notice of Public Hearing.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0013 Chair Sanchez: PH.4. PH.4 is a resolution, also the Department of Public Facilities. Laura Billberry (Director, Public Facilities): This is a resolution to grant two easements to FP&L (Florida Power & Light) in the Little Haiti Park. It is also to -- basically, this is rescinding a previously approved resolution where the Commission had approved the two easements in Little Haiti Park for FP&L. These were utilities that existed when the City bought the property and then we are again requesting that you reapprove these easements utilizing FP&L's easement form. FP&L has requested now that instead of using the City's easement form that we use their form of document. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: So move. Vice Chair Spence -Jones: So move discussion, but I just -- I -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- just have a -- Chair Sanchez: There's a motion by Vice Chair Spence -Jones, second by Commissioner Gonzalez for discussion. Before we discuss the item, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Coming back to the Commission for discussion. Vice Vice Chair Spence -Jones: Thank -- Chair Sanchez: -- Chair Spence -Jones, you're recognized for discussion on PH.4. Vice Chair Spence -Jones: -- you, Mr. Chairman. I just want to make sure from our -- Mr. City Attorney and from the City Manager -- I know that there were some issues and concerns from the City Attorney in the very beginning on these easements. I just want to make sure that those City ofMiami Page 21 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 issues were resolved and both parties are comfortable with what's happening with the easement. Jorge L. Fernandez (City Attorney): Well, the issues that we have raised remain in -- as issues. However, viewing it from a practical perspective -- and the City Manager can speak to this -- these are services that are already being provided and while we are not very much impressed or in favor or in agreement with the way that Florida Power & Light would like to have easements done, I think that in the future, as other easements would be necessary, we would be in a better position on a more timely basis to discuss these items and make a difference. As to these three easements, particularly the one that is on the floor right now, I don't know that we can practically do anything about it other than raise the issue and make you aware of the fact that the City has somewhat compromised its historical position with regards to making the issue of indemnification very clear and very much in favor of the City as well as the future use of the City's right-of-ways [sic]. Vice Chair Spence -Jones: Okay. Pedro G. Hernandez (City Manager): Commissioner, from my perspective, and from a practical standpoint, I think that, even though it may not be ideal, these are easements that recommend for your approval. The likelihood of anybody else using those easements is minimal. They're providing the service to our facilities. The -- if there are issues with negligence, each party will be responsible for their own negligence. As the City Attorney said, we'll continue to discuss issues like this on upcoming easement requests. On these, I think the company, at least the local individuals that help us in obtaining the service on time, acted in good faith, andl think that we should go forward at least on those easements. Vice Chair Spence -Jones: Okay, and l just wanted to be very clear on that. Thank you, Mr. City Manager and Mr. City Attorney, at least so that we have some clarity and we at least put it on the -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- record, so at this point, we must move ahead because of the park that's there that we plan on opening in March, and that's why it's your recommendation. Mr. Hernandez: Yes. Vice Chair Spence -Jones: All right. That's it, Mr. Chairman. Chair Sanchez: All right. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, and that was PH.4. PH.5 07-01435 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 2201 NORTHWEST 11 STREET, MIAMI, FLORIDA, (ALSO KNOWN AS FERN ISLE PARK), AS MORE PARTICULARLY City ofMiami Page 22 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 07-01435 Legislation.pdf 07-01435 Exhibitl.pdf 07-01435 Exhibit2.pdf 07-01435 Exhibit 3.pdf 07-01435 Summary Form.pdf 07-01435 Memo.pdf 07-01435 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0024 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: For minutes related to the reconsideration of Item PH.5, see Item PH.3. Chair Sanchez: Moving on to PH.5, also the Department Facility -- Public Facility [sic]. It is also a resolution. Laura Billberry (Director, Public Facilities): Yes. PH.5 is a resolution, again, to grant an easement to FP&L (Florida Power & Light). This is -- Commissioner Gonzalez: Here we have the same thing. It's also -- Chair Sanchez: Continue? Commissioner Gonzalez: -- in another one on my parks, and let me tell you what my problem is with Florida Power & Light. Throughout history, we have rebuilt streets in my district -- and I'm talking just about my district -- and once we have completed these project, Florida Power & Light have come afterwards, and they have dig the streets, and they have done everything that they need to do, and they have let the -- they have left the streets patched up; they haven't done a decent job on it, and have serious problem. I do have serious problems with the way that Florida Power & Light behaves. Also, Florida Power & Light and myself, and the prior Manager, we met more than a year ago. I think the prior Manager has been gone what, a year? Pedro G. Hernandez (City Manager): A year and a half. City ofMiami Page 23 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Gonzalez: A year and a half, so we might be talking two years, and they compromised to do something on one of their stations that is in one of my neighborhoods, which is a disgrace for the neighborhood. They haven't done anything about it. They haven't come back to talk to me about it, so maybe this is the way to bring them to the table, sit down, and you know, iron our differences -- Chair Sanchez: All right. There's a -- Commissioner Gonzalez: -- so -- Chair Sanchez: -- motion to continue by Commissioner -- Commissioner Gonzalez: -- I'm going to continue this one too. Chair Sanchez: -- Gonzalez. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.5 has been continued to the next regular Commission meeting. [Later..] Chair Sanchez: The other item is -- Commissioner Gonzalez: PH.5. Chair Sanchez: -- PH.5. Commissioner Gonzalez: Move PH.5, which is an easement at Fern Isle Park, right? Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice Chair Spence -Jones. It's a public hearing. Anyone from the public wishing to address this item, please step forward Seeing none, hearing none, the public hearing is closed for the record, coming back to the Commission for discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, both PH.3 andPH.5 resolutions are adopted. Commissioner Gonzalez: Thank you, Mr. Chairman. Chair Sanchez: You're quite welcome. PH.6 07-01436 RESOLUTION City ofMiami Page 24 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvements AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND Program CONFIRMING THE CITY MANAGERS EMERGENCY FINDINGS, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE "ORANGE BOWL SITE RENOVATION PROJECT, B-30153," WITH JONES LANG LASALLE AMERICAS, INC., TO AUTHORIZE ADDITIONAL PROGRAM MANAGEMENT SERVICES, TO INCLUDE ORANGE BOWL STADIUM DEMOLITION, AND THE PLANNING, AND FINANCIAL ANALYSIS ASSOCIATED WITH ANY NEW DEVELOPMENT AT THE ORANGE BOWL STADIUM SITE. 07-01436 Legislation.pdf 07-01436 Exhibitl.pdf 07-01436 Exhibit2.pdf 07-01436 Exhibit3.pdf 07-01436 Summary Form.pdf 07-01436 Memo.pdf 07-01436 Notice of Public Hearing.pdf 07-01436 Professional Services Agreement.pdf Motion by Commissioner Gonzalez, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0014 Chair Sanchez: All right. PH. 6, Department of Capital Improvements Programs [sic]. Ola O. Aluko (Director, Capital Improvements Program): Good morning, Commissioners. Vice Chair Spence -Jones: Good morning. Mr. Aluko: Ola Aluko, director of Department of Capital Improvements. This is a resolution to request -- I'm sorry. This is a request to approve the attached resolution, by four fifths affirmative vote, adopting the City Manager's finding of an emergency waiving competitive bidding -- competitive sealed bidding procedures to authorize the City Manager to execute an amendment to the agreement dated May 6 -- May 11, 2006 with Jones Lang LaSalle, Incorporated, for the purposes of including additional services to the originally contemplated scope, such as program managements of the Orange Bowl demolition and planning and financial analysis of the associated new development. In essence, Commissioners, what we're requesting is that we amend Jones LangLaSalle's contract to include financial analysis and program management and planning, since the City has taken a different direction on the Orange Bowl. Chair Sanchez: All right. It is a resolution. We are on PH.6. Is there a motion? We need a motion, either up or down, to discuss the item. Commissioner Gonzalez: I'll move it for discussion. Chair Sanchez: All right. There's a motion. Need a second for the purpose of discussion. There is no second? All right. Is there a motion to deny? There -- okay. I will -- City ofMiami Page 25 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: Yes. Chair Sanchez: -- pass -- hold on -- the gavel to the Vice Chair and second the motion for the purpose of discussion. All right. Vice Chair Spence -Jones: All in favor? Commissioner Gonzalez: All right. My -- Chair Sanchez: No, no. Commissioner Gonzalez: -- question is this amendment include additional monies, right? Mr. Aluko: No, Commissioner. This is within the existing contract that Jones Lang LaSalle has. They have a $6.5 million contract, and within that contract, there's a balance of $2.5 million, and we will -- we hope to use Jones Lang LaSalle, if need be, within the $2.5 million that's remaining, so it does not include additional monies. Commissioner Gonzalez: So their original contract was $6 million? Mr. Aluko: Roughly $6 million, yes. Commissioner Gonzalez: And they have used $2 million out of that or -- Mr. Aluko: No. They have a -- Commissioner Gonzalez: -- $3 million? Mr. Aluko: -- balance of $2.5 million, so they've used a little over -- a little under 4. Commissioner Gonzalez: And they're going to do additional services? Mr. Aluko: As need basis. Only on an as -need basis, and the additional services will be subject to financial analysis, financial planning; anything that the City Manager or my department would need, on immediate notice, since they're very -- they have institutional knowledge of the Orange Bowl. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: I'd like -- first of all, I'd like to open it up for the public hearing, if there's anyone from the public that has anything that they'd like to put on the record. Commissioner Regalado: Madam Chair. Vice Chair Spence -Jones: Okay. Chair Sanchez: No. Wait, wait. Vice Chair Spence -Jones: I just want to make sure I handle the public hearing first. Chair Sanchez: City Manager. Vice Chair Spence -Jones: All right. City ofMiami Page 26 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: Public hearing is closed. Vice Chair Spence -Jones: All right. Public hearing is closed. Bring -- it comes back to the Commission. Chair Sanchez: City Manager. Vice Chair Spence -Jones: City Manager, you're recognized. Pedro G. Hernandez (City Manager): Thank you, Commissioner. I want to clam that what we have here is an existing contract for originally related to the renovation of the Orange Bowl, so we have a contract that has a lot of familiarity with the site. The only reason that I'm asking for this change to their scope is to allow the Administration, on an as -needed basis, to use those resources as it relates maybe to the demolition and more to the future site planning of the Orange Bowl site, and understanding that the balance in this contract is over 2 million, I'm proposingjust to cap these services at $200,000. I don't want to use more than that. IfI happen to need more than that, I would come before you, but the needs that anticipate are needs that are related to the upcoming site development financial analysis discussions that the City right now is undertaking with the County and the Marlins andMajor League Baseball, so I want to have that resource available to us on an as -needed basis and not to exceed 200, 000. IfI need more, I will bring it back. Vice Chair Spence -Jones: Okay, so I'm going to bring this back to the Commission. Any - -Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. Makes sense, and the Manager explain it to me two days ago. The only problem that think we have here is that we don't know anything about the new stadium. We don't know who's going to do the plans. We don't know what role is going to have the City in building this stadium, in planning the stadium, in supervising the construction. We know that the City is not going to own the stadium, so the question is should we wait until we know the details of the stadium so we can approve the money that the Manager is asking, if indeed we have some kind of participation in the saying of the future of the stadium. It is very difficult to explain and to understand why do we need a company to supervise demolition if we, the other day, hire an expert in demolition, so we're hiring an expert, and we took the Manager's advice and did a waiver or whatever because it was an emergency because it was an expert; because it had tremendous experience, so the question is, why do we need money for a company that is not -- their expertise is not demolition, but planning, to deal with demolition? I don't have any problem of listening to this when we know about what is the stadium deal. What is the planning? What is the -- who's going to be doing what? Andl trust that the Manager is seeking only part of what they have in the contract. I mean, to me, it makes sense; the contract ends the minute that the stadium is gone, butt just have this concern and whatever the Manager can do to tell us first -- or at least tell me first, what is going on with the stadium, I would not have a problem in discussing this, so that's the problem that I have. The problem that I have is with the word "demolition" because we did hire a company whose expertise nationally is demolition, so why do we need these people to be telling the expert how to demolish something? Mr. Hernandez: Commissioner, if that's the concern, I can just, you know, strike out the demolition. It was just probably there to be open and flexible and exercise maximum caution. The issue here, more than anything else, is that the County and the City are currently negotiating with the Marlins andMajor League Baseball, and we're getting into issues that have to do with the siting of the actual stadium, the master planning of the whole site to also allow for potentially other development in the area, and this is where I see more than anything else, our need possibly for the Jones Lang LaSalle resources to help us, and things are happening, I would say, quite fast now, and that's why I wanted to do this amendment so I have that resource. Maybe I won't need it, but ifI need to check, for example, a proposal by the Marlins or how other development City ofMiami Page 27 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 could impact revenues to the City, I would like to have the ability to tap a source that is working for me to do some additional work, so it's just precautionary and understanding that at this point our idea would be to be able to have a baseball stadium agreement, if possible, before the City Commission possibly on the 22nd on a special meeting, so that's quite fast, and following that, things are going to accelerate, and we need to work on the siting the stadium, doing the master planning, so that's why I'm asking for your support in allowing me to amend it within certain parameters to give me the flexibility that ifI need the resources, that can use them. Vice Chair Spence -Jones: So are you saying that -- and then I'm going to give it over to -- turn it over to the Mr. Chairman, but let -- can I ask a quick question? So you're saying that you would be willing -- at this point, you're striking the demolition -- Mr. Hernandez: Right. I think -- Vice Chair Spence -Jones: -- language out of it? Mr. Hernandez: -- that we were sort of -- you know, we were more -- Vice Chair Spence -Jones: Because I think that's what -- I think that's the issue that Commissioner Regalado has regarding the issue. Mr. Hernandez: I don't have a problem. Vice Chair Spence -Jones: I'm -- Commissioner Sanchez, you have a point you want to make? Chair Sanchez: Vice Chairman [sic], yes, ifI may. This is a four fifth vote on the issue. The -- I think the issue here is it's an existing contract that we have. I'm comfortable with the cap that the Administration has placed Now Jones Lang Lasalle is not going to build a stadium, all right? Mr. Hernandez: No. Chair Sanchez: There -- just let me -- all right. They're going to provide services to us pertaining to a variety of things, okay? If we don't accept this, then the Administration has to go out there and rebid everything, go out and get other companies, and that's going to take anywhere from six to eight months, okay? So that's an issue that I have here. Based on the recommendations the Administration and department that has sat with me and walked through it and we had some concerns -- one of the concerns that have was I wanted to put a cap on it, and the cap clearly is a safeguard; it's $200, 000. I'm very comfortable with this. We don't move forward with this, we're going to delay. It's going to create an inconvenience for the City and put us in a very awkward situation as we move forward to try to get these things done. We can't continue to go one step forward and two back. This is very important for that site and the projects that'll be going in that site, andl speak passionately about it because it's my district, and it's a global issue, not just my issue, but whatever is built there is going to bring revitalization, economic development and opportunity for the people of the City ofMiami, not just Little Havana. I just wanted to put that on the record, and that's why I passed the gavel and seconded it, but it is going to require a four fifth. I think the Administration needs to do a better job in explaining the item; that if we don't move forward you have to go through a whole bidding process, open it up for appeals, so it's going to put the City in -- possibly in harm's way when it comes to this project. Commissioner Regalado: Can I -- Chair Sanchez: Just wanted to put that on the record. City ofMiami Page 28 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: -- ask something? Vice Chair Spence -Jones: One second, one second. Commissioner Regalado, you're recognized. Commissioner Regalado: Yes. I don't understand now. Chair Sanchez: Well -- and it's not an open scope. That's what you need to understand here. Commissioner Regalado: I don't understand now because the amendment doesn't say anything about ending the contract. You said that they still have part of the contract that they have not used, so if this were to be delayed, suppose, the contract still is valid with Jones LaSalle. That doesn't mean that the contract today is void. Is it? Mr. Aluko: No, the contract is not void. Commissioner Regalado: Okay. Mr. Aluko: What needs to be understood, though, is what the Administration would like to use Jones Lang LaSalle for is specifically for financial analysis and other analysis [sic] associated with the development around the Orange Bowl. Commissioner Regalado: Which is out of the scope of the original contract. Mr. Aluko: That's correct. Commissioner Regalado: And my issue was the demolition. How are you going to use somebody to supervise an expert in demolition? Mr. Aluko: Yes. We do have a construction manager in my department, in CIP (Capital Improvements Program), that will oversee -- provide oversight for the demolition. He will not tell them how to demolish. He just goes there, understands what's happening, and he reports it back to the department, back to the City, and ensure that the demolition -- Commissioner Regalado: Yeah, but that's your department -- Mr. Aluko: That is my department, that's correct. Commissioner Regalado: -- and you need to do that because -- Mr. Aluko: That's correct. Commissioner Regalado: -- you represent the City, but not Jones LaSalle. Mr. Aluko: Well, with regards to demolition, no. Commissioner Regalado: I mean, on the demolition. Mr. Aluko: No, and -- Commissioner Regalado: My issue was I didn't understand how can you use somebody to direct an expert in demolition. Commissioner Regalado: Understood, and we're willing to strike out demolition as long as we have the opportunity to use them for the financial analysis surrounding the development of the City ofMiami Page 29 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Orange Bowl. Vice Chair Spence -Jones: Any other questions on this item? Commissioner Sarnoff Yeah, Madam Vice Chair. I'd like an explanation -- because I don't want The Miami Herald castigating anybody up here regarding how the original contract was formed, so I just want an explanation as to how Jones Lang and LaSalle achieved the contract; under what procedure, and -- so that we don't seem like we're piggybacking on a procedure that may have been criticized in the past. Mr. Aluko: I'll yield to my assistant director, who was here when the Jones Lang LaSalle contract was awarded. Gary Fabrikant (Assistant Director): Gary Fabrikant, Department of Capital Improvements. We used a competitive negotiation process, which is a two-step solicitation process. It was highly competitive. We received nine responses for the first step. We then short-listed to three firms, and we negotiated with three firms, and Jones Lang LaSalle was selected as offering the best contract and deal with the City. Commissioner Sarnoff Thank you. Vice Chair Spence -Jones: Any other questions? Chair Sanchez: Call the question. Vice Chair Spence -Jones: Call the question, but before I call anything -- the question -- I need to ask Mr. City Attorney real fast -- Mr. City Attorney, you have looked at this agreement and you feel pretty confident or comfortable with what --? Jorge L. Fernandez (City Attorney): Yes. It was essential that it comes to you because of the change to the original scope, and having addressed those issues specifically with regard to eliminating demolition and capping the other consultations to $200, 000, you have made your point very clear, and then it will be amended in those particulars. Vice Chair Spence -Jones: Okay. Chair Sanchez: Roll call. Vice Chair Spence -Jones: As far as I'm concerned on my end, I did have issues with this item in the very beginning, and one of the issues I had was the amount of money that was not -- it was not clamed in the overall item as to how much we were going to spend and what the cap was on, so I'm glad, Mr. City Manager, you were able to make the adjustments, and I'm comfortable as long as it's going to be that $200, 000 mark. With that, I'd like to -- we had a motion, and we had a second. Chair Sanchez: I would request a roll call. Vice Chair Spence -Jones: Okay. I'd like to officially do a roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution has been unanimously adopted. City ofMiami Page 30 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: Thank you. All right. Mr. Aluko: Thank you. Chair Sanchez: PH 6 was approved. [Later..] Jorge L. Fernandez (City Attorney): Mr. Chairman, before you go forward, let's go back to PH.6 one moment, and the Clerk has requested -- andl agree with her -- that it be clarified that PH.6 passed as amended, likewise. Chair Sanchez: All right. Mr. Fernandez: Because when the vote was taken, the words "as amended" were not part of the record. Chair Sanchez: Let me set the record straight as to PH. 6. PH. 6 was a four fifth vote -- Mr. Fernandez: Correct. Chair Sanchez: -- and that's the one pertaining to the Orange Bowl site renovation project. Mr. Fernandez: Right. Exactly. Chair Sanchez: All right. Is that it? Mr. Fernandez: That is it. Chair Sanchez: Okay, so you want to state on the record that it was approved, as amended. Mr. Fernandez: As amended. Chair Sanchez: All right, so -- Mr. Fernandez: And just for the record, and we can go forward now. The Clerk is happy. Chair Sanchez: Madam Clerk? Ms. Thompson: Thank you very much. Your record is correct. Chair Sanchez: Okay. PH.7 07-01545 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "UNIVERSITY OF MIAMI PAC CRB SITE," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN City ofMiami Page 31 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 PH.8 07-01490A City Manager's Office THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-01545 Legislation.pdf 07-01545 Exhibit.pdf 07-01545 Exhibit2.pdf 07-01545 Exhibit3.pdf 07-01545 Exhibit4.pdf 07-01545 Summary Form.pdf 07-01545 Memo.pdf 07-01545 Notice of Public Hearing.pdf 07-01545 Memo2.pdf DEFERRED Note for the Record: Item PH.7 was deferred to the City Commission meeting currently scheduled for January 24, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN WEST FLAGLER ASSOCIATES, LTD., AND THE CITY OF MIAMI, RELATING TO THE DEVELOPMENT OF A ±29 ACRE, MORE OR LESS, PARCEL OF LAND ZONED C-2, "LIBERAL COMMERCIAL," LOCATED ON THE SOUTHWESTERN INTERSECTION OF NORTHWEST 7TH STREET AND NORTHWEST 37TH AVENUE AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF THE DEVELOPMENT/REDEVELOPMENT OF A PARIMUTUEL FACILITY, WITH ASSOCIATED GAMING, AND OTHER PERMITTED COMMERCIAL USES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01490a Legislation.pdf 07-01490a Exhibit.pdf 07-01490a Exhibit2.pdf 07-01490a Summary Form.pdf 07-01490a Notice of Public Hearing.pdf 07-01490a Notice of Public Hearing2.pdf 07-01490a Authorization to Advertise.pdf 07-01490A-Submittal-Article on Compulsive Gamblers.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0016 Chair Sanchez: And we move on to PH.7. PH.7 is Department of Public Works. Pedro G. Hernandez (City Manager): Mr. Chairman, 7 was deferred. Chair Sanchez: I do apologize. PH.8. City Manager, that's your office. Roger Hernstadt: Good morning. Roger Hernstadt, Assistant City Manager. Before you this City ofMiami Page 32 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 morning, we have a resolution to approve a development agreement, pursuant to Chapter 163 of the State Statutes, between the City ofMiami and West Flagler Associates, relating to the property known as the Flagler Dog Track, located on Northwest 37th Avenue and 7th Street. Commissioners, I have been negotiating with the folks from Flagler for the past 90 days. We have come to what I believe is a very fair and equitable agreement for the City. In fact, I would go on to say that in terms of -- where we have common terms with other folks who have negotiated with the pari-mutuels, the City's agreement is equal to or better where we have common terms. The City will receive one and a half percent up to the first 250 million, and two and a half percent if the revenues exceed $250 million per year. I believe that the agreement contemplates the City's concern for job opportunities for both workers at the facility as well as during the construction process, and therefore, I would say to you that the folks from Flagler have been very accommodating to try to reach an amicable and equitable agreement. Be glad to answer any questions. Chair Sanchez: Okay. It is a resolution. What we'll do is we'll get a motion. Commissioner Gonzalez: So moved. Chair Sanchez: There's a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Gonzalez, second by Commissioner Regalado. Before we open up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Good morning, sir. State your name and address for the record, and you're recognized. Ron Book: Morning, Mr. Chairman. Ron Book, 2999 Northeast 191 Street, Penthouse 6, Aventura, Florida, representing Flagler and Yes for Greater Miami -Dade, andl want to thank you, Mr. Chair, members of the Commission, Mr. Manager, Mr. Hernstadt, Mr. City Attorney, and all of the assistants that have had an opportunity to work on this agreement. You've heard Mr. Hernstadt give you a basic outline of the agreement. The only thing can disagree with him about is that I wish it was only 90 days. We started on this agreement over two and a half years ago, and we've spent basically since late July or early August working to get where we are today, andl would like to take this opportunity to also introduce my client from Flagler Dog Track, Barbara Havenick, who is here, along with her son, Izzy Havenick, who were also involved in the negotiations. Alex -- and Izzy --I apol -- and Alex. I'm now going to be in trouble. And also here on behalf ofMiami Jai Alai is Mr. Dan Licciardi, of which that agreement is also before us today. I want to make just a few points, ifI could. You heardMr. Hernstadt represent to you that this is the best of the interlocal agreements that have been entered into to date. I was personally involved in negotiating the agreements up in Broward County. I was personally involved in negotiating the Miami -Dade agreement that was entered into over two years ago, andl can tell you whether it's the Miami -Dade County agreement, the Miami Gardens agreement, the Broward County agreement, the City of Hallandale agreement, the Dania Beach agreement, the Pompano Beach agreement. This agreement represents the best of what's in all of those other agreements and exceeds those agreements substantially from a financial perspective. None of them are as favorable in any component of the agreement than the one before you today. It is an agreement that we are entering into voluntarily. It is an agreement that will bring many millions of dollars to this City and to your taxpayers. It is an agreement that provides revenue, as you heardMr. Hernstadt tell you, of one and a half percent of the first $250 million of gross revenues and two and a half percent of every dollar above the 250 million, and there is no cap on that. It will bring to you, over the first term of this agreement, in excess of $60 million alone. It is an agreement that will assure the residents of the City ofMiami the first opportunity for jobs and contracts at our facility. It is an agreement that will assure a substantial minority participation of in excess of 25 percent at the entry level, at the professional City ofMiami Page 33 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 level, and in the contracts that we enter into as we move forward with the expansion of our facilities. It is an agreement that allows us to bring -- to be long-term partners with the City of Miami. It is an agreement that will bring substantial occupational license revenues above what is provided in the current Code. This was an issue that was raised at the last hearing on this matter. This agreement will bring the City in excess of 380 million -- $360 million -- $360, 000 of additional revenue above what is provided in your Code in occupational revenues that, again, are not included in any of those other interlocal agreements. It is an agreement that, when voters approve the ballot measure on January 29, will help allow our City domicile facilities, both Flagler and Miami Jai Alai, to move forward aggressively in implementing their major capital renovation plans. It is -- it does not expand any of our development rights. Much like has occurred in Broward County when the initiative was approved by the voters, it will work to substantially stimulate our local economy with jobs creation. Members of this Commission, Mr. Chairman, we anticipate in excess of 6,000 full- and part-time jobs to be created when this measure gets approved on January 29; two-thirds of those jobs will be created in the City of Miami. Over $150 million will be expended by Flagler Dog Track alone in renovating and rejuvenating its existing facility. This will substantially increase the ad valorem base of the facility -- of the City when both the Flagler and the Jai -Alai facilities are completed. The Broward experience has not seen 100 million or 200 million or 300 million, but literally hundreds of millions of dollars expended on the three facilities that have been built out in Broward County to date. Hundreds and hundreds of millions of capital expenditures have been placed, and if you use the Gulf Stream experience, not only did they spend a triple figure amount of money to renovate their existing facility, but ladies [sic] and gentlemen of this Commission, they are in the process -- ground has been broken, dirt has been moved, girders and concrete are being poured on their one billion dollar Villages of Gulf Stream development that Florida City is building that will provide an additional 2,400 jobs at that track alone. We expect much the same to occur in Miami -Dade, and beyond that agreement, several of you have asked a couple of questions about the State Statute, andl want to just take less than a minute on this issue, but think it's important for you to hear it. Number one, when this measure was before the voters the last time, there was no State Statute. Nobody knew specifically what the conditions were going to be, and one of the arguments that was used to encourage people not to support the measure is nobody knew what was going to be raised and what and how this was going to operate. Well, let me tell you a couple of facts. Number one, there is a 50 percent tax rate, all of that money going to supplement education funding in the state of Florida. Over -- it is the highest tax rate -- Commissioner Gonzalez: Does that mean that they're going to remove the property tax that goes to the School Board? Because they're getting money from the Lottery; now they're going to get money from the casinos. They're getting money from everywhere, and they keep nailing the property owners with their School Board tax -- Mr. Book: You and I both know what the answer to that is. Commissioner Gonzalez: -- so maybe that will be a relief. Mr. Book: It -- ifI could, Mr. Chairman, to answer that question for Commissioner Gonzalez. In this particular case, because the constitutional amendment required that tax, whatever it was set by the Legislature, to supplement education funding, the answer is no. They cannot back out other tax revenues. This is to supplement and substantially improve education, and that's the answer to that question. The number of machines. Nobody knew what the number of machines were going to be. Today the Legislature initially said 1,500 machines; last year they went back, realized it was the wrong number. There will be a maximum of 2, 000 machines allowed at either of the two facilities at the City ofMiami. We know now very clearly from the Broward experience there has been no surge in crime. Many people have gone to interview the folks in Hollywood because they've got two facilities in their City. They've got Mardi Gras, and then -- actually, in Hallandale, you've got Gulf Stream. There's been no surge in crime. They have repeatedly put those facts on the record. The State went out of their way to travel the country City ofMiami Page 34 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 and to put together the best practices of all of the states that have regulatory schemes that involve gambling, and they have adopted a best practices statute, and as an example, the Department of Business and Professional Regulation, that regulates the operation, and the Florida Department of Law Enforcement, will be provided an office on -site at both Flagler and at Jai Alai, and they will have full-time staff stationed at those facilities to ensure the integrity and the honesty of the games, to promise the public that there will be no shenanigans played. There's a requirement that FDLE (Florida Department of Law Enforcement) do background checks on employees. They have a requirement of high-tech surveillance cameras that cover every inch of the floor -- the slot machine floor. It will allow them in that high-tech cameras to literally read -- if you had a quarter, could read the words on your quarter, your dime, your nickel, your penny; that's how high-tech the equipment that's been required by the State are. There are clear winners here, and the winners are your citizens and your taxpayers if you adopt this agreement today. This -- the winners are the people in the City ofMiami who need jobs. The winners today are the cities and the vendors in the City ofMiami. The winners today are the tourism businesses in the community. Some of the key findings, I want to just briefly point out to you thatl think are important to the City. I've already said to you there are three facilities in Miami -Dade County that will be approved if this initiative is voted favorably by the voters on January 29; two-thirds of those facilities are in the City ofMiami. Two hundred and fifty-eight - - the studies that have recently come out, there will be $258 million in new additional labor earnings in our community created when this happens. That equates, Mr. Chairman, members of this Commission, thirty-seven thou -- $39, 700 on an average per job is what that number represents, and again, two-thirds of that will be coming to the City ofMiami. An additional 689 million in business revenue will be generated, with two-thirds of that presumably coming from the City ofMiami. Again, I reiterate, over 6,000 new and -- full- and part-time jobs will be created, and an increase of the ad valorem base, all of which will generate tens of millions of dollars for the City ofMiami and your taxpayers over the first term of this agreement. In the end, ladies and gentlemen, this is good economic development. It is a good stimulus for our economy, andl, again, want to thank the Mayor, who participated in many of the negotiating sessions, the Manager, the City Attorney and his staff Roger Carlton for all of the effort that's gone into producing this document that's before you, and now or after the public hearing, I would be glad, Mr. Chairman, to answer any questions by you or your members of the Commission. Chair Sanchez: All right. What we'll -- let's continue with the public hearing. Is there anyone else from the public? Vice Chair Spence -Jones: Mr. Chairman, I do have a comment afterwards. Chair Sanchez: All right. Well, we'll hold the questions until after the public hearing. Sir, please state your name and address for the record. Ken Knight: Ken Knight, 1281 Northwest 56 Street, Liberty City, and from the Concerned Citizens Council and the Homeowners Association of Liberty City and the Model Cities community. I hear a lot of talk about the pari-mutuels, and I'm just here representing the inner city, and Commissioner Sanchez, we thank you again for coming to our community, andl think that we're being left out when you talk about the pari-mutuels, and there again -- andl congratulate the Flagler racetrack, but I just want you to know that our communities too deserve the new emphasis that we put on communities in terms of live, work and play, andl would just ask this Commission to also make sure that we include in our decision -making, in our negotiations, some consideration to the inner city because we play the Lottery; we gamble. There again -- we eat, just like everyone else, andl heard the gentleman say it's a win -win for everybody, for the citizens, for the taxpayers, and there again, Commissioner Gonzalez and Commissioner Sanchez, we just want you to know we took a survey recently -- and also, Commissioner Sarnoff -- that the people in the Model Cities community or Liberty City, we pay more taxes than the people that live on South Beach. I think that's an issue that this City ofMiami Page 35 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner need to be look -- this Commission needs to be looking into because you shouldn't balance the tax rolls on the poorest people in these communities, but in terms of that 25 percent - - now -- andl know that these things sound good in the beginning, but in the long run and in actuality, we want to see something concretely. We have some of our people here today in this Commission that provide jobs right now, and they're feeding thousands and thousands of people, and now we're trying to do economic development as well, so I would hope that, when we're talking about the pari-mutuels and all that, we also connect them with the people who needs [sic] these jobs and the people who are right now in Liberty City, andl would like any agreements to read them into that so we make sure that we get our fair share of that 25 percent. That is most important, and any resolution, it should also read the local people into those agreements. Otherwise, there's no real assurances, and so there again, Commission, I really commend you. I think that we making a great forward -- a great move forward in terms of our City -- Chair Sanchez: Thank you. Mr. Knight: -- but don't forget the poor people. I thank you very much for your time. Chair Sanchez: Thank you. Anyone else wishing to address this Commission? Please step forward. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. All right. Are there any questions the Commissioners may have? If not, Commissioner Regalado, you're recognized for the record. Then Commissioner Sarnoff, then Commissioner Spence -Jones -- Vice Chair Spence -Jones. Commissioner Regalado: Thank you, Mr. Chairman. Let me say first that the Flagler Dog Track is the biggest business in the District 4 of the City ofMiami. It's the biggest commercial entity in all District 4 of the City ofMiami, from 17th Avenue to Palmetto Expressway, and let me say also that the Flagler Dog Track operation, not only in itself it's important, but impacts the lives of thousands of neighboring residents in District 4, so for me, this is a very, very important issue as a City ofMiami resident, as a voting member of the Commission, but also as the Commission [sic] representing District 4. I do support the agreement. In fact, I support this agreement with passion because it is a win -win situation, and you know, I remember several days ago that the County and the City were discussing some grandiose plans, and it was all about progress and jobs. The beauty of this agreement is that it's about jobs, it's about progress, and there is no public money involved. Every money that will be used for jobs and progress will come from the private sector, and yet, the government will benefit from it. What we're doing here is what we should have done two years ago when the County did their agreement and somehow the City dropped the ball, and we lost two years of jobs and progress because 7,000 people voted no, and the difference between the yes and the no was 7,000 people. Had we done this agreement and been more proactive in that election two years ago, we will be seeing the same results that Broward is seeing now, and the jobs that were created in Broward would have been created here. However, that's the past. What we're doing here is only 50 percent of the future. The City has not been proactive in telling their residents and their voters the benefits of this agreement. In fact, the County and the City, and the cities in general, have been negligent in informing the people about the important election that we have on January 29. If you drive by University Drive or Hollywood Beach Boulevard in Broward, you will see those electronic billboards that belongs to the government advising the voters and the residents of Broward County, "Elections January 29. Remember to vote." We have not seen that. The Broward County property tax appraiser is holding town hall meetings to report to the people what impact will this amendment one will have on their property taxes. We have not seen that in Miami -Dade County, and yet, the City is having a unique opportunity this time to get ahead of the County. Usually always the County wins when they deal with the City. Now is the time for the City to win because we have two out of three facilities within the municipality of the City ofMiami, so I would ask my fellow members to approve this facility in behalf of District 4. We know that jobs will be created and we know that the agreement calls for jobs within the City, within every City ofMiami Page 36 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 district of the City, to be created. I do have one concern, and maybe Ron could address that, and -- I spoke to the Manager and Roger, and they said, well, you know, we don't know; this and that, but I think that the right person to ask the question is to Ron because you know the State, especially the Legislature, in and out, and the State government. That's your area of expertise. The agreement is fine. It's perfect. The understanding that if there is a need for off -duty police officers, the Flagler Dog Track -- I'm sure that Miami Jai Alai will have to go first to the City of Miami Police Department, and then, if there's no officers available, then I guess they'd go to another level or other municipality. That's -- that I understand. However, we are in a unique position than the rest of the County. The County is getting what we are getting. That's fair, and we have to accept that, but in the case of the City ofMiami, the City ofMiami is the first responder for any and all emergency in two of the three facilities of the County, so the question is, can we get the State to have a special sort of budget to supplement security and safety around those facilities? Because, after all, the State is taking half of the pie, if not all of the pie. Because whatever is bought there also carries sales tax, which goes to the State, so the State is eating these two facilities on every side of the scenario. It is important because we don't know the level of need that there will be for first responders, but two out of three will need to be served by the City ofMiami services. Not only that, Public Works. The trees around the Flagler Dog Track, the streets, which are not County owned; that would be 3rd, that would be 39th Avenue. All of them -- that would be 4th Street. Everything around the Flagler Dog Track and its 25 acres, I believe -- it's a huge -- will be served by the City ofMiami, so the question is, in this time of budget restraints in the state ofFlorida and crisis in the state ofFlorida, could we get some kind of subsidy for safety in those two facilities? Of course, it would have to go to the third facility, Miami Gardens, and that makes sense too. Is it -- is that possible? Mr. Book: The answer to your question is I don't think so, especially in the current state of things in Tallahassee. However, let me try to add to your question with a better answer. I don't think it's realistic to think the State's going to send us any money for security. I do believe, number one, by their stationing multiple Florida Department of Law Enforcement agents -- andl believe we'll be looking at nine on -site -- they will, in effect, be providing some level of first -responder participation from that perspective, but more importantly, we've given a commitment to the Manager that we will continue, as we do today, to pay for our security needs by utilizing off -duty Miami Police Department folks, and we coordinate through the local NET (Neighborhood Enhancement Team) office, and we're going to continue to coordinate through the local NET office, and so that any time that we expect anything out of the ordinary in increased traffic, it will be our responsibility to pay for the additional law enforcement personnel along 37th Avenue and any of the feeder streets, if you will, the east -west, to provide that traffic enforcement at our expense, much the way it occurs at Dolphin Stadium. At Dolphin Stadium, they, in effect, pay for all of their law enforcement, all of their fire and everything. We will now be required pretty much to do the same, and so -- although that's off of what your question is, it's responsive in that we've already reached the agreement with your City that we would be providing those personnel at our cost, and they would not be security guards; they will be sworn uniform officers. Commissioner Regalado: Okay. That's a fair answer. The other minor concern is I know that Flagler is going to be building facilities, and that's a welcome announcement, but they would be also addressing the issues of parking because -- within the site, because as you know, during the flea market, there is a problem of parking and some people -- to be benevolent, I will say maybe a lot of people, do park in the residential areas on District 4, east of 37th Avenue, south of 3rd -- on 39th Avenue, so it's sort of a difficult situation for the residents during the weekend. Mr. Book: We would pledge -- Mr. Chairman, ifI could, through you, to Commissioner Regalado, we will pledge to work with you and your Public Works staff to make sure that people are not utilizing the neighborhoods for parking. We're sensitive to the parking issues. We're sensitive to intrusion into the neighborhoods, and we want to continue to be the good corporate citizens and the good corporate neighbors we have been up until now, and we pledge to continue City ofMiami Page 37 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 to work to eliminate any type of parking problems in the neighborhoods, first of all. Second of all, let me just say to you that it is critical to us that people have a good experience coming and leaving. If they don't have a good experience driving in and parking, if they don't have a good experience leaving their parking space and driving out and getting back on the highways and expressways, they're not coming back, so it is critical to us that we solve those problems if they're out there today and if they increase as we expand and renovate our facilities. Commissioner Regalado: Okay. Mr. Book: Thank you, Commissioner. Commissioner Regalado: Thank you very much. Thank you. Chair Sanchez: All right. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Thank you, Mr. Chair. Commissioner Regalado, I think Robert Kennedy said it best. He said people hate change; they like progress. We'll find out whether this is progress. First, I want to congratulate both sides. I want to congratulate especially Roger Hernstadt and Ron Book. I know you've been at this for a long time, and the last thing you need is a lawyer looking at a robust agreement and making comment, and since we both attended the same law school, let me make my comment. When I look at the agreement, the terms and conditions, one of the terms that I don't quite understand -- and really ask my fellow Commissioners to help me with this -- is the permit fees, and the permit fees, as we all know, are there to pay for the impact that anything has to a community. In this case, the permit fees could vary, we both agreed, between 140 to $200, 000. In this agreement, while the fees would be paid, they would be paid back after a threshold level is made. Now, I've received e-mails (electronic). I've received messages from my constituents who have read this, and they want to understand why it is somebody who's about to make an extreme amount of money would get their permit fees paid back -- in other words, the opportunity to offset and get the fees they pay to the City of Miami back, whereas Joe, Jane Homeowner, who pay a permit fee for a burglar alarm, a fence permit, never sees their permit fee back; is a good, upstanding citizen and pays their taxes, and I'm just curious what laudable goal we're reaching here that would suggest that you should get your permit fees back. Mr. Book: Mr. Chair, ifI could, through you, in response to Commissioner Sarnoff. Number one, I think it's very important that the citizens of the community, as well as this Commission, understand that this is an agreement that is being entered into voluntarily by my client, as well as the folks at Miami Jai -Alai. There is no requirement for us to enter into this agreement. There is no statute that requires it. There is no constitutional provision that requires it. This is a voluntary agreement. I agree with one of the statements -- most -- in fact, all of what Commissioner Regalado said. The fact is we had hoped that this agreement would have been entered into two years ago. As a result of it not, I think it's a better agreement for the City, but had we done so, had the City -- we would probably have had the jobs created already and the economic resurgence we all expect from this, but that said, what you're getting in this agreement is tens of millions of dollars that we est -- all of us estimate to be in excess of $60 million over the course of this first term of the agreement that is renewable at the City's option. Number two, just using -- in addition to the 60 million, the -- I don't want to talk about the ad valorem issue because the ad valorem issue is just like that other person, but I'm paying you $60 million plus voluntarily, and in the occupational license fee area, I'm paying you hundreds of thousands of dollars in excess of what your Code currently requires, and none of those other individuals, corporations, or entities are voluntarily giving the City anything. I am giving you an agreement unlike all of the other interlocal agreements, and I don't get any of those credits back until after I have paid the City their first guaranteed $140, 000 a month, and then I start getting an incremental rebate on those dollars. Those dollars are one-time dollars, yet the dollars that I'm providing to the City through my client are recurring dollars that will come back to the City and City ofMiami Page 38 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 its taxpayers voluntarily year in and year out, and it's not like we're coming to you and saying hey, trust us, we'll send you a check every month based on our gross revenues. We have agreed to enter into a contract that is binding that provides audit opportunities and reviews of our numbers, our books, our records, by the City to make certain that we are paying you what we have voluntarily contracted to do, so from my perspective, Commissioner, that's what distinguishes us from anything and everything else that is out there as it relates to coming to this City. This is new. It is a new industry. It is a new opportunity. It is new economic development, and in addition to that, I don't see any of them having the opportunity to bring what we anticipate to be in excess of 4, 000 jobs directly to the people of the City ofMiami, providing a first preference to City residents and providing a true set aside for minorities within the City of Miami to get employment at our facility, so those are -- Commissioner Sarnoff So Mr. Book -- Mr. Book: -- the distinguishing characteristics. Commissioner Sarnoff -- so what I would tell my constituents is treat this as seed money; it's just such a good deal for us? Mr. Book: Treat this as a gift -- Chair Sanchez: No, not a gift. Mr. Book: -- that is significant in -- Chair Sanchez: Seed money, not a gift. Seed money. Mr. Book: Seed money. Commissioner Sarnoff In other words, you're -- whatl would be able to -- Mr. Book: Seed money works for me too. Commissioner Sarnoff Right, and that's why I used, the word "seed" What I should take away and explain to the people that are questioning me is that the money that we have to rebate your client for the impact fees -- for the permit fees are offset by the laudable purpose of the amount of money the City will receive, the amount of jobs that will be promoted, the additional ad valorem taxes, the voluntary nature of this entire agreement. That's what I'm to take back from this? Mr. Book: I believe that that is correct. From a public policy perspective, your staff and the Mayor have extracted significant financial and job commitments from us that nobody else in the -- in -- that had these facilities domiciled in their communities have been able to extract from them, so the answer's yes. Commissioner Sarnoff Thank you. Mr. Book: Thankyou, Commissioner. Chair Sanchez: Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Thankyou, Mr. Chairman, andl definitely won't be long. One of the things I do want to do is I do want to also acknowledge and commend the City Manager and his team for getting the agreement done and -- is it Izzy? We had a -- I don't want to say we bumped heads, but we had a knock -out, drag -out disagreement, but I want to at least commend you City ofMiami Page 39 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 publicly, andl don't know what -- your mom, is she here? You have a --Ms. Flagler, you have a real tough son there. I just want you to know that. Unidentified Speaker: Thank you very much. Vice Chair Spence -Jones: But I do want to at least acknowledge your willingness and your support, and the fact that you saw that it was important to make sure that minorities and women were included in this agreement, and that was really what it was all about for me in the very beginning, andRisa, this is what mean by accommodations and concessions. The only way things change in communities and neighborhoods is when groups like this group decide to stand up and do what's right. I really want to at least make sure I acknowledge and say to them and their whole family that I really appreciate you guys stepping up to the plate to make sure that minorities are participating and the percentage of -- 25 percent is what you guys agreed to minorities and women -- 'cause I represent both -- I really appreciate you doing that, and that's what it's all about in the end is making sure that that happens. I just want to be very clear on two other matters. One, I just want to make sure that it's not just about the operation side of it or it's not just about the -- it's also including the construction side of it, Ron, so I want to make sure we're clear that we want to be -- want that participation to be included on the front side of it before it gets built, or while it's getting built, and afterwards, andl was told that -- through the City Manager that those accommodations were made, andl know that a lot of times when we start talking about jobs that are going to be made available, we always talk about entry-level jobs, and that was one of the concerns I had. In my -- based upon our discussions and your confirmation, Mr. Manager, was that it would go beyond just entry-level positions, but also professional -level employment in this agreement too. Is that correct, Ron? Mr. Book: The answer is yes, and what don't want to do is -- I mean, I think the Manager was going -- Mr. Chair, if I could -- Chair Sanchez: Yes. Vice Chair Spence -Jones: Yes. Mr. Book: -- through you to Commissioner Spence -Jones and to the Manager, the Manager has some language that we've agreed upon collectively -- Vice Chair Spence -Jones: Okay, no problem. Mr. Book: -- andl think he was going to read into the record, so -- Vice Chair Spence -Jones: No problem. Mr. Book: -- ifI could defer to him -- Vice Chair Spence -Jones: I just want to officially -- for my con -- Mr. Book: The answer is yes. Vice Chair Spence -Jones: Okay. For my -- Mr. Book: The answer is yes. Vice Chair Spence -Jones: -- constituents that are watching at home or that are sitting in here, I want them to understand that, one, I know from my part that was one of the things that I was really pushing for because I did not want to have this facility get expanded and we receive no benefits from it from the community's perspective, so based upon what was told by the City ofMiami Page 40 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Manager, these accommodations were made, and I'm perfectly okay with it. I mean, I just want to make sure -- and I'm sure you're going to read all of that into the record, but I wanted at least my constituents to understand what was important to me. Mr. Book: IfI could, Mr. Chair -- Vice Chair Spence -Jones: Sure. Mr. Book: -- before the Manager reads into the record. There was a provision in there originally that was negotiated that required us to use our best efforts simply to provide first opportunity for residents of the City ofMiami. Out of that came this revised language that we agreed to yesterday and has been refined today through some additional work through your office -- Vice Chair Spence -Jones: Okay. Mr. Book: -- and with that, you know, I was deferring to the -- Vice Chair Spence -Jones: No problem. I'm not -- Mr. Book: -- Manager. Vice Chair Spence -Jones: -- finished. He can read that into the record after I finish my comments, so that was part of -- but wanted to thank the -- Mr. Book: Yes, ma'am. Vice Chair Spence -Jones: -- Flaglers on it. The only thing -- just piggybacking off of Commissioner Regalado's comment. I think that it is going to be really important, from a promotional standpoint in your message, the Flaglers and Mr. Book, that we at least promote the fact that that is going to happen as a part of the overall City's commitment to make sure that that happens. I would like to make sure that is a part of your promotional message when you're promoting people coming out to vote for it; that at least the residents and individuals know how they're going to benefit from it, and then I had a question regarding the issue of gambling 'cause, you know, I had some back off on the issue of the whole gambling thing, but are there any programs that are going to be put in place, or there -- is there going to be any support put in place for addiction or anything of that sort for the residents? Mr. Book: The State Statute dictates that issue -- Vice Chair Spence -Jones: I just wanted you to put it on the record so -- Mr. Book: -- and the answer is yes. There are programs that are designed and regulated from the State Statute perspective on exactly that issue. Vice Chair Spence -Jones: Okay, so that -- Mr. Book: Yes, ma'am. Vice Chair Spence -Jones: -- will -- that's already -- Mr. Book: Yes, ma'am. Vice Chair Spence -Jones: -- in place? City ofMiami Page 41 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Book: Yes, ma'am. Vice Chair Spence -Jones: Andl think that that is it. On the training portion of this, I want to continue to work along with the City Manager's office to make sure that before the facility is expanded, that there's some sort of training programs put in place so that the residents can actually benefit from participating in the overall project. Mr. Book: IfI could, Mr. Chair -- Chair Sanchez: Yes, sir. Mr. Book: -- again, through you to Commissioner Spence Spence -Jones, andl think that all of the Commissioners -- I don't want to just -- simply just dispense with Commissioner Spence -Jones' question. I want everybody on the Commission to understand our commitment. Vice Chair Spence -Jones: Yes. Mr. Book: Our commitment is to hire citizens who live in the City ofMiami. Our goal is to hire vendors and contractors who live and work and operate in the City ofMiami, and our goal is to continue to do what we started two years ago -- Vice Chair Spence -Jones: Right. Mr. Book: -- with the original job fair that Fred Havenick andlzzy and Alex put on at the track where we got over 5, 000 job applicants, largely out of the City ofMiami, to come out. We will continue to do the job fairs, and it is our goal to train these folks at every level, both the entry level and the professional level, Commissioner, so that we're employing as many as possible and that the benefits of what we derive here are spread throughout the community -- Vice Chair Spence -Jones: Thankyou. Mr. Book: -- and to the gentleman that raised the question from the inner city andModel Cities program, I would just suggest to him we heard him loud and clear. We have heard that message out in the community in the City ofMiami and we are not ignoring it, and we will not ignore the inner city. We will not ignore the Model City areas. We're going to pay attention to the entire community and that includes the inner city andModel City areas. Vice Chair Spence -Jones: Thankyou, Mr. Chairman. Chair Sanchez: Commissioner Gonzalez. Vice Chair Spence -Jones: Thankyou, Ronald. Commissioner Gonzalez: Yes. I have been asking questions to the Administration in reference to this agreement, and in general, I also approve the agreement, and that's the reason why I was the maker of the motion, but especially because this facility -- both facilities are going to be creating much needed jobs in our communities. I can tell you that Miami Jai Alai is in my district, and Miami Jai Alai is almost -- it's dead, and it has been dead for I don't know how many years. It was a vibrant business many years ago. I remember what Miami Jai -Alai used to be, and nothing is happening over there. I think this is going to bring economic development to both facilities and to both districts, and to the entire City ofMiami and Dade County, as a matter of fact. The amount of jobs that are going to be created are very important. Also, I had some concerns as far as law enforcement personnel being used in the facility, and you answered the question. If you need law enforcement -- additional law enforcement, you're going to be requesting City ofMiami police officers; we will have their first choice. Also, in the event that City ofMiami Page 42 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 for any reason you need to have off -duty Fire or Rescue people on -site, I'm sure there's going to be City ofMiami Rescue site, so I'm pretty much in favor of this agreement, and all we need to do is, as you said, Commissioner Regalado, some meetings ago, we need to be out there pushing this because it's going to be for the benefit of our City, and let me tell you, I hear arguments of people, you know, we don't want gambling. Well, we have gambling in Miami already. You know, they're talking about crime, they're talking -- there's crime in the City ofMiami; there's gambling in the City ofMiami. There is everything in the City ofMiami without these slot machines. The slot machines doesn't mean that we're going to have more crime or going to have more of the bad things that we already have, and in turn, it's going to bring economic development. It's going to bring new jobs. It's going to bring more opportunities, and this could be a beginning for major, major projects in the City ofMiami, and specifically, I'm concerned about my district being the site of the Miami Jai -Alai and being in need of constant redevelopment, so I think this will be a plus for the City of Miami and for our districts and for all the residents of Dade County. Mr. Book: Mr. Chair, brief response through you to Commissioner Gonzalez. Our commitment to law enforcement using off -duty City ofMiami personnel is well-known, and that's part of the reason why the union has endorsed our campaign. Second of all, our commitment to using Fire personnel -- EMS (Emergency Medical Services) and Fire personnel is exactly the same as the Police Department commitment. We would not even think to use anybody in the private sector or consider using any other police or fire agency than those within the City ofMiami, so you have our commitment on that as well. Commissioner Gonzalez: Thank you, sir. Mr. Book: Thank you. Chair Sanchez: All right. As the Chair, I get the opportunity to speak last, but it's -- all my questions have been -- basically been addressed. This is a good business sense for us. I mean, this is a partnership between the pari-mutuels and the City in a sense. Overall, I don't have to sell this agreement. This is a good agreement for the City. I mean, I do want to take the opportunity to praise the City Administration for sitting down, at least, with me when I had some questions pertaining to the agreement, but I'm glad to see that working together with the pari-mutuel attorneys and the Administration, we're able to iron out some of the differences. Once again, I just want to say that the Havenick family is -- they're good -- they always been good neighbors in the City. You speak about the City ofMiami and you talk about Flagler Dog Track, it's been there for many, many years; it's a good partnership with the City. A lot of great events have been held there, and l just think it's a great venue to have such an important component to our city, where you basically said all the good things that it's going to bring to us. Now there's one issue that we haven't talked about, and I'd like to ask the attorney -- Ron, that'll be you -- are you required by the State to provide any type of donations to gamblers addiction? Mr. Book: There's a component under the State Statute that funds that out of some of the proceeds that we're sending to the State out of our licensure fees. Chair Sanchez: In other words, if I, for whatever reason -- andl don't, but maybe somebody does have someone who has a gaming problem, and you know, I continue to go to your establishment, is there a process in place under any existing regulations where you bar that person from going in to gamble? Mr. Book: No. Unlike some of the -- (UNINTELLIGIBLE) beverage pieces -- the answer is no, but that said, there are a number of mechanisms that the State put into place under the statute to provide gamblers anonymous type counseling for those who ultimately end up in gambling addiction problems. City ofMiami Page 43 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right, so you and -- both will be making donations or contributions to gaming addiction organizations, right? Mr. Book: Yes, sir. Chair Sanchez: Okay. All right. Well, I have no further question on that. Commissioner Regalado, to be the -- Commissioner Regalado: Brief. Chair Sanchez: -- last speaker, and then we'll vote on the item. Commissioner Regalado: Brief comment. Mr. Book: Mr. Chair, ifI could for one second. There's a -- Chair Sanchez: Yes. Mr. Book: -- quarter of a million dollar a year contribution that goes from us into those coffers. Chair Sanchez: Thank you. Mr. Book: Thank you. I apologize. Commissioner Regalado: Brief -- Chair Sanchez: Commissioner Regalado. Commissioner Regalado: -- just a brief comment. In the 50 percent bracket of tax to supplement education, there is also a provision in the law passed by the Legislature that monies will be used for people with gambling -- Mr. Book: That's correct. Commissioner Regalado: -- problems. I don't know if that covers also the people that gamble in Indian casinos, which don't pay taxes, but the other point is we seem to be in the path of supporting this agreement, and it seems to me, listening to my colleagues, that everybody is satisfied and everybody at least believes that this is a good thing for the City ofMiami, but the fact of the matter is that on Monday, at 7 a.m., next Monday, early voting will be starting, and we are in elections already, and there are 82 or 83,000 absentee ballots that will be arriving at the homes of Dade Countians and the City ofMiami, and as we all know, the City ofMiami, in the past, has a history of voting higher than other areas in the County, so we need to be on record that the City is supporting this item on the ballot. It is important to send a message because it has to do with the City, although this is a County vote, so I'm just asking our colleagues to think how we can do it. I know I'm going to do it by myself, and on the media, will be supporting this, but the fact is that we are about to start the election process in only -- less than five days, and we need to send a clear message whether or not we, in the City, believe that this is a good thing for the City. Thank you. Chair Sanchez: All right. On this -- Mr. Hernandez: Mr. Chair. Chair Sanchez: -- item, it's a resolution. City ofMiami Page 44 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 PH.9 07-01491A City Manager's Office Mr. Hernandez: If you allow me just to read the -- Chair Sanchez: Last item being put forth, and then we're voting on it. Go ahead. You're recognized for the record. Mr. Hernandez: This is just a change that relates to the comments by Vice Chair Spence -Jones a little while ago. It is under Section 38, and Section 38, the title is revised to read "First Source Hiring Local and Minority Preference Commitment, and on line four of that section, it adds "including, but not limited to, no less than 25 percent qualified, local minorities at entry and professional level and qualified local small businesses, " so, in essence, what your comments were, Commissioner, are now incorporated into the agreement, and I'll give the language to the City Attorney -- Vice Chair Spence -Jones: Thank you. Mr. Hernandez: -- to add. Chair Sanchez: All right. Let's -- the item that we have been discussing is PH.8, pertaining to the pari-mutuels. The motion was made by Commissioner Gonzalez, second by Commissioner Regalado. There's been public input. The public hearing was open and closed. There's been discussions on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Priscilla A. Thompson (City Clerk): The re -- Jorge L. Fernandez (City Attorney): Mr. Chairman -- and for the record, it passed, as amended. Chair Sanchez: As amended. Commissioner Gonzalez: As amended. Chair Sanchez: For the record, Madam Clerk, as amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLORIDA GAMING CENTERS, INC. D/B/A MIAMI JAI -ALAI, AND THE CITY OF MIAMI, RELATING TO THE DEVELOPMENT OF THE APPLICATION OF A ±7.6 ACRE, MORE OR LESS, PARCEL OF LAND ZONED C-2, "LIBERAL COMMERCIAL," LOCATED ON THE SOUTHWESTERN INTERSECTION OF NORTHWEST 36TH STREET AND 37TH AVENUE AT 3500 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF THE DEVELOPMENT/REDEVELOPMENT OF A PARIMUTUEL FACILITY, WITH ASSOCIATED GAMING, AND OTHER PERMITTED COMMERCIAL USES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 45 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01491a Legislation.pdf 07-01491a Exhibit.pdf 07-01491a Exhibit2.pdf 07-01491a Summary Form.pdf 07-01491a Notice of Public Hearing.pdf 07-01491a Notice of Public Hearing2.pdf 07-01491a Authorization to Advertise.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0017 Chair Sanchez: PH.9 is the same agreement, and that's reference to Jai Alai. All right. Is that also being amended? Roger Hernstadt (Assistant City Manager): In the same fashion, yes, sir. Chair Sanchez: In the same fashion, so we need a motion and a second. Commissioner Gonzalez: I'll move PH9. Chair Sanchez: Motion has been -- Commissioner Regalado: Second. Chair Sanchez: -- made by Commissioner Gonzalez, second -- Commissioner Regalado: Second. Chair Sanchez: -- by Commissioner Regalado, as amended. That's PH.9. It's a resolution; pari-mutuel, reference the Jai Alai site. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. No further discussion. Discussion on the item? Vice Chair Spence -Jones: No, not -- I just want to make sure the same thing that we did with Flagler is happening also with Jai -Alai, right? Commissioner Gonzalez: On Jai Alai, right. Vice Chair Spence -Jones: All right. I just want to make sure it's the same thing. Chair Sanchez: As amended. Mr. Hernstadt: Yes, Commissioner, the exact same language. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion City ofMiami Page 46 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 10:30 A.M. passes. A sign language interpreter translated discussion of items PH.10 - PH.15. PH.10 07-01440 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 32ND YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $52,250.61, FROM NEIGHBORS AND NEIGHBORS ASSOCIATION, INC. ("NANA"); ALLOCATING SAID FUNDS, TO NANA, FOR THE 33RD PROGRAM YEAR, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE TECHNICAL ASSISTANCE TO FOR -PROFIT BUSINESSES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01440 Legislation.pdf 07-01440 Exhibit 1.pdf 07-01440 Exhibit2.pdf 07-01440 Summary Form.pdf 07-01440 Public Notice.pdf 07-01440 Pre Legislation.pdf 07-01440 Exhibit A.pdf 07-01440 Pre Legislation2.pdf 07-01440 Exhibit A2.pdf 07-01440 Pre Legislation3.pdf 07-01440 Exhibit A3.pdf 07-01440 Agreement.pdf 07-01440 Resolution.pdf 07-01440 Exhibit B.pdf 07-01440 Exhibit C.pdf 07-01440 Attachment A.pdf 07-01440 Itemized Budget.pdf 07-01440 Staff Salary Forecast.pdf 07-01440 Cost Allocation.pdf 07-01440 Certification.pdf 07-01440 Certification2.pdf 07-01440 Sworn Statement.pdf 07-01440 Insurance Requirements.pdf 07-01440 Letter.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0018 Chair Sanchez: All right. Let's go to the public hearings. They were properly advertised at 10:30. Let's go ahead and go -- start with PH.10. PH.10 is a transfer of funds to NANA (Neighbors and Neighbors Association). That's the item we're discussing right now. You're City ofMiami Page 47 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 recognized. That comes from the Department of Economic Development. You're recognized for the record. Alfredo Duran: Good morning, Mr. Chairman, Commissioners. My name is Alfredo Duran, assistant director of the Department of Community Development, andPH.10 is exactly that. It's a resolution authorizing the transfer of 32nd year Community Development funds to Neighbors and Neighbors Association, an organization that provides technical assistance to private for profit entities. The amount of $52, 250.61 is recommended to transfer to the 33rd year contract. Chair Sanchez: All right, Mr. Jones. I think just a "thank you" would be sufficient. Leroy Jones: Yes, sir -- Chair Sanchez: All right. Mr. Jones: -- and l just wanted to say, Commissioner, I brought a copy of our corporation because the last time it was an issue. Somebody said we wasn't a legal organization, so I brought this -- Chair Sanchez: All right. I don't think that's -- Mr. Jones: -- for the Commission. Chair Sanchez: -- being questioned today or -- Mr. Jones: All right. Chair Sanchez: -- else the -- Mr. Jones: Okay. Chair Sanchez: -- individual up here would have brought it out already. I don't remem -- Mr. Jones: All right. Chair Sanchez: -- I don't recall who it was. Mr. Jones: All right. Chair Sanchez: Okay. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. Wait. Hold on, hold on. All right. That's PH 10. There is a motion by Vice Chair -- Commissioner Regalado: Second. Chair Sanchez: -- Spence -Jones, second by Commissioner Regalado. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. You have two minutes, ma'am. Renita Holmes: Good morning, Commissioner -- Mr. Chair, Commissioner Jones. Just to say -- my name is Madam Renita Holmes. My address is 6118 Northwest 7th Avenue, Suite 103. I am City ofMiami Page 48 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 basically representing myself, as well as the Liberty City/Model City Tenants Association, and also, Our Homes, Incorporated, and speaking in regards to NANA and the status of businesses in District 5 and in the smaller communities, I mean, if that was said, it may not seem legal, but it definitely is legitimate because it's living proof by most of us and many of us that are here today that it's a great success. I'm concerned about the funding, and I'd like to thank you for transferring those funds, but I believe that it is vitally important right now to bring these communities to a level of competitiveness if not to sustainability, recognizing that the ratio of the disparity for the businesses that NANA serves is a much larger proportion than the funding that's already here in many of your districts. I'm going to ask you to take a special notice in looking at the numbers, you know, four to one; looking at more initiatives for NANA to assist women in business because this profile and this demographic -- the demographics of these communities are high. I'm a woman in business. I represent women who are mobilized and organized in business, and even I need help, andl need a lot more help from NANA than I'm getting, andl see no other organization that has placed itself, nor has the cultural proficiency in addressing the needs or the flexibility and has an extension of partnerships. I believe that it is so more funded, something that has a proven track record, that it can have an impact, particularly with this global growth. We have a -- they have a tendency to circumvent the roots of these organizations, the needs of these entitlement groups and businesses, and with transportation and commerce as I see the County -- the activities and the actions and the events that they're planning, we're wondering, a lot of us -- and speak a lot of the times how are we going to get that support and that emerging support that we need to participate because things are happening so rapidly, and so I appeal to you, andl thank you. Chair Sanchez: Thank you. All right. Anyone else wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it passes, 4/0, on PH 10. Absent on the dais is Commissioner Gonzalez, for the record. PH.11 07-01441 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, LOCATED AT 1336 NORTHWEST 60TH STREET, 1233 NORTHWEST 59TH STREET, 5860 NORTHWEST 17TH AVENUE, 1230 NORTHWEST 58TH TERRACE, 276 NORTHWEST 53RD STREET, 1755 NORTHWEST 2ND COURT, AND 1611 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, DIRECTLY TO THE DEVELOPERS, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT(S) IN THE ATTACHED FORM(S), WITH THE ENTITIES SPECIFIED IN EXHIBIT "A," FOR SAID PURPOSE. City ofMiami Page 49 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01441 Legislation.pdf 07-01441 Exhibitl.pdf 07-01441 Exhibit2.pdf 07-01441 Summary Form.pdf 07-01441 Exhibit B.pdf 07-01441 Web Page.pdf 07-01441 Warranty Deed.pdf 07-01441 Resolution.pdf 07-01441 List 1.pdf 07-01441 Web Page2.pdf 07-01441 Warranty Deed2.pdf 07-01441 Web Page3.pdf 07-01441 Tax Deed.pdf 07-01441 Web Page4.pdf 07-01441 Quit Claim Deed.pdf 07-01441 Quit Claim Deed2.pdf 07-01441 Certificate of Resolutions.pdf 07-01441 Web Page5.pdf 07-01441 Certificate of Title.pdf 07-01441 Map.pdf 07-01441 Web Page6.pdf 07-01441 Certificate of Title2. pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0012 Direction by Vice Chair Spence -Jones to the City Manager to schedule a meeting with a member of the City Manager's office, Elaine Black, Madam Renita Holmes and Vice Chair Spence -Jones to discuss the issues raised by Madam Renita Holmes regarding sole sourcing. Chair Sanchez: Okay, PH.11. It's a resolution. It's also Department of Community Development; recognized for the -- George Mensah (Assistant Director, Community Development): Mr. Chairman, this is -- Chair Sanchez: -- record, sir. State your name and address. Mr. Mensah: George Mensah, assistant director, Department of Community Development. PH.11 is a resolution authorizing the City Manager to convey, with parcel reverter provisions, certain City ofMiami owned parcels, located at 1336 Northwest 68th Street, 1233 Northwest 59th Street, 5860 Northwest 17th Avenue, 1230 Northwest 58th Terrace, 276 Northwest 53rd Street, 1755 Northwest 2nd Court, and 1611 Northwest 3rdAvenue, Miami, Florida, to developers, as described in Exhibit "A," attached and incorporated, for the development of affordable housing. I just want to replay that at the last committee meeting, the Community Development brought out a policy on conveying of lots, and this conveyance will happen only if the following happens. One, that there is evidence that the developer has received all necessary permits needed to construct the homes, and two, there is financial commitment from the lenders has been received, and three, any mortgages obtained by the developer on the property will be subject to the approval of the City's Department of Community Development, and the last one is the closing of the purchase and sale agreements will occur simultaneously with the closing of the construction financing by the lender. City ofMiami Page 50 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right. It's a resolution. Let's get a motion and a second, and then we'll open it up to the public. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: The item, PH.11, has been moved by Vice Chair Spence -Jones. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Renita Holmes: Madam Renita Holmes. Ditto on the information, and I'd just like to say it's my birthday today -- Chair Sanchez: Happy birthday. Vice Chair Spence -Jones: Happy birthday. Ms. Holmes: -- and -- Mr. Mensah: Happy birthday. Ms. Holmes: Thank you very much. The older I get, the more I want to share, actually. In regards to the properties of this resolution -- designated in this resolution, I come to you because it is my concern that -- I'm very happy to see things growing and that housing is being built, you know. I mean, that's just a situation for a lot of women, like myself, as the executive director and the community empowerment liaison for the Women's Association Alliance Against Injustice and Violence empowerment wave. Not only does that give me an opportunity to see -- assist women in the advocacy and in the access and referrals, we can see the issues at hand, but when we look at the initiatives for development of women's needs, there are organizations and social service organizations in our community. Mr. Manager, you know, when we talk about the spirit of competitiveness, when we talk about the spirit of fairness, when we talk about the ongoing development -- and we're in a disparate neighborhood -- there are considerations and factors in the RFP (Request for Proposals) process that would almost render us at the bottom half, beaten and trodden by the competition. We have a lot of outsourcing that occurs. We need to really support the technical assistance and the professional services that we can access, and that requires money. Nobody wants to stand in line to get those services when you're limited by RFP processes. Now, what I've recognized recently in some of the complaints and the concerns of these women who run these organizations that are now CDCs (Community Development Corporations) is that things are going too fast and I'm competing with others, andl can desire to be your partner, but because of your idiosyncrasies or stereotype or business -- businesspersons do that to each other -- there's less likely that we have the partnership to compete. Chair Sanchez: All right. In conclusion -- Ms. Holmes: Yes, sir. Chair Sanchez: -- since it's your birthday. Ms. Holmes: Oh, thanks a lot. In conclusion, however -- I'm bringing you some relevant information that I feel that there -- in this process, there are a lot of factors of discrimination, Mr. City Attorney, because if there is policies that says that am an entitlement population and City ofMiami Page 51 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 that there are first -source workforce -- you know, and all these benefits of being a Section 3, and the way that I've seen it in the comparison done by the County, then we can upgrade the process or either take a look at sole sourcing. Commissioner, is it possible to take a look at sole sourcing the way that other best practices have done with the County in other (UNINTELLIGIBLE) departments, to make sure that the disproportionate number and the fairness to receive some of these properties and parcels is made available to us? Chair Sanchez: Let me make a recommendation. I suggest you sit down with Commissioner Spence -Jones and formulate some ideas that would, you know, improve best practices, and then we'll deal with them, all right? Vice Chair Spence -Jones: Renita, we definitely can talk after this meeting. I'd like to also -- I just have to go do -- Ms. Holmes: Yes, I understand. Vice Chair Spence -Jones: -- pay the water bill real fast, but I just want to say this. Is there any way, Mr. City Attorney, that maybe perhaps myself and Elaine and maybe a member of the City Manager's office can sit down with Renita to kind of look at some of the stuff that she's discussing to -- Mr. Manager? Unidentified Speaker: Sure. Vice Chair Spence -Jones: -- and Elaine? Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: I mean, I think -- Mr. Hernandez: We will do so. Vice Chair Spence -Jones: -- that she's making some good, valid points, so Renita, by all means, you know, my doors are always open, and -- Ms. Holmes: Yes. Vice Chair Spence -Jones: -- definitely, after this meeting -- Chair Sanchez: All right. Ms. Holmes: I appre -- Vice Chair Spence -Jones: -- we should be able to set up a meeting to do that. Ms. Holmes: If it was not such a situation that (UNINTELLIGIBLE) see as an advocacy issue, I would not take it any further, and I'd be having birthday cake and ice cream -- oh, by the way, you're invited. Chair Sanchez: Thank you. Ms. Holmes: Okay. Chair Sanchez: All right. Happy birthday, by the way. Vice Chair Spence -Jones: Thank you. City ofMiami Page 52 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right. Anyone else from the public wishing to address this item? If not, the public hearing is closed, coming back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Yeah. I just want to point out for the record, and for those viewers out there, that the Community Development Department has established new policy and procedures with regard to the tendering of land to usually community -based organizations or to affordable housing developers, and the new procedures and practices are where we, in the past, had just turned around and gave them a fee simple deed and did not really know what they were going to do other than hope they had a business plan, we now do not tender anything other than a contract. That contract goes to the time of closing when they get their construction loan, so we're actually present at the bank when the construction loan financing occurs, so we actually know exactly what financing occurs and what will occur with regard to the draws and that the houses will inevitably be built, so whereas before it was a little bit of hope and a prayer, today it's a policy and a procedure that will put eyes and ears of the City ofMiami in the bank closing room so that they don't go in there with a deed until and unless the closing occurs, the mortgage is recorded, and we actually know that they have taken their draws or will take the draws and build the house, so what we should see, as a result of this new policy and procedure, is a lot fewer people coming before us and saying I need an extension of time because I've really done nothing with the property. Chair Sanchez: All right. Vice Chair Spence -Jones: Mr. Chairman, I just do -- want to just add on. First of all, I want to commend your office, CD (Community Development) and George and both you guys, Alfred -- and I don't know where Hector is, and of course, the Manager. As you stated and you put on the record, originally, that was one of the things that was put in place that's also in the resolution -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- to make sure that we don't have those same type of issues taking place. I want to commend Elaine Black and the Model City Trust staff for -- I mean, in the last year or so, we've been able to move and get things done with the lots that we do have in the Liberty City area, at least in the Trust zones. We have two new greenhouses that have been completed, which we're very proud to know that that's happening for the first time in our district by a great builder and developer from the community, so I just wanted to commend you for your hard work, everyone that's been working on that, and we just want to build homes in Liberty City. Thanks. So are we done? Chair Sanchez: All right. Apologize. Commissioner Sarnoff Thanks. Chair Sanchez: Okay. Listen -- okay. Anyone else from the public? There is no -- the public hearing was open and closed. There is no further discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " PH.11 passes. PH.12 07-01442 RESOLUTION City ofMiami Page 53 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), (1) GRANTING TO RAFAEL HERNANDEZ HOUSING AND Development ECONOMIC DEVELOPMENT, CORP. ("RHHED") AN EXTENSION OF TIME, UNTIL APRIL 30, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 98 NORTHWEST 27TH, STREET, AND 3511 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA (THE "PROPERTIES"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; (2) AN EXTENSION OF TIME, UNTIL DECEMBER 31, 2008, TO COMPLETE CONSTRUCTION ON SAID PROPERTIES, AND (3) REVERTING TITLE TO THE PROPERTY LOCATED AT 3431 NORTHWEST 6th AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, PREVIOUSLY CONVEYED TO RHHED, BACK TO THE CITY OF MIAMI ("CITY"); STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO THE PROPERTIES DESCRIBED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY TO RHHED, AND ALL NECESSARY OTHER DOCUMENTS, FOR SAID PURPOSE. 07-01442-Legislation-SUB. pdf 07-01442 Warranty Deed.pdf 07-01442 Summary Form.pdf 07-01442 Schedule of Completion.pdf 07-01442 Resolution.pdf 07-01442 Quit Claim Deed3.pdf 07-01442 Quit Claim Deed2.pdf 07-01442 Quit Claim Deed.pdf 07-01442 Pre Legislation.pdf 07-01442 Letter3.pdf 07-01442 Letter2.pdf 07-01442 Letter. pdf 07-01442 Housing Certification4.pdf 07-01442 Housing Certification3.pdf 07-01442 Housing Certification2.pdf 07-01442 Housing Certification. pdf 07-01442 Exhibit4.pdf 07-01442 Exhibit3.pdf 07-01442 Exhibit2.pdf 07-01442 Exhibitl.pdf 07-01442 Exhibit A.pdf 07-01442 Declaration of Covenants7.pdf 07-01442 Declaration of Covenants6.pdf 07-01442 Declaration of Covenants5.pdf 07-01442 Declaration of Covenants4.pdf 07-01442 Declaration of Covenants3.pdf 07-01442 Declaration of Covenants2.pdf 07-01442 Declaration of Covenants. pdf 07-01442 Covenant Running with Land2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 54 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 R-08-0019 Chair Sanchez: All right. Let's go ahead and go with the next item, which is 11 -- 12. All right. Let's -- George Mensah (Assistant Director, Community Development): Mr. Chair -- Chair Sanchez: -- go. Public -- it's a public hearing. PH.12 is a resolution. Let's see if we can get them done quick, and we'll get to you. Let's go. Mr. Mensah: Mr. Chair, PH.12 is a resolution granting to Rafael Hernandez Housing Economic Development Corporation, an extension of time, until April 30, 2008, to commence construction on the properties located at 98 Northwest 27th Street and 3511 Northwest 1st Avenue, Miami, Florida, and an extension of time until December 2008 to complete the construction on said properties, and three, transferring the property located at 3431 Northwest 6th Avenue back to the City. The reason that they have to transfer the property back to the City is because the property requires infrastructure, water and sewer that they didn't have enough funds to complete. This property has already started construction. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Commissioner Sarnoff So -- Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there -- Commissioner Sarnoff Sec -- Chair Sanchez: -- a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. It's a public hearing. Anyone from the public wishing to address this item? Please come forward. All right. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. The item is under discussion. Any discussion on the item? Hearing none, it's a resolution. All in favor, say "aye." The Commissioner (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH.12 is a resolution, and it passes, 4/0, with the absence of Commissioner -- Vice Chair Spence -Jones. Priscilla A. Thompson (City Clerk): Chair, ifI might ask the question? Chair Sanchez: Yes. Ms. Thompson: I was handed documentation that says that this particular item would have a substitute. I just wanted to make sure if, in fact, there is a substitute on PH.12? Mr. Mensah: Yes. There was a substitute. The substitute was passed around to all the Commissioners, I believe, two days ago -- Chair Sanchez: All right. Mr. Mensah: -- and yesterday. City ofMiami Page 55 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right. Listen, we can do this two ways. We can just accept the amendment, and it's fine, or we can make a motion to reconsider and take it up as -- Madam Clerk, how do you want to handle this? Ms. Thompson: I'm -- long -- I think -- and I'll defer to our attorney -- but as long as you restate it on the record that there was a substitute -- Mr. Mensah: Okay. Ms. Thompson: -- to the legislation, I think it'll be all right. Chair Sanchez: All right. Listen, when the Administration comes up, you need to say -- Mr. Mensah: Yeah, sorry. Chair Sanchez: -- it's a supplement agen -- it's been amended, and put it on the record, and then when we vote for it, we vote it as amended, please. Mr. Mensah: Thank you. Chair Sanchez: Okay? Mr. City Attorney, is it okay if we do that? As long as it's been -- Jorge L. Fernandez (City Attorney): Yes, it certainly is. Chair Sanchez: -- stated on the record. Mr. Fernandez: Yes. Chair Sanchez: All right. Madam Clerk, it passes, as amended. Ms. Thompson: Thank you. Chair Sanchez: Okay. PH.13 07-01443 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING TO PALMETTO HOMES OF MIAMI, INC. Development ("PALMETTO HOMES"), (1) AN EXTENSION OF TIME, UNTIL APRIL 30, 2008, TO COMMENCE CONSTRUCTION, AND AN EXTENSION UNTIL DECEMBER 31, 2008, TO COMPLETE CONSTRUCTION ON THE PROPERTY LOCATED AT 5812 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF ONE (1) SINGLE FAMILY HOME ON THE PROPERTY, AND (2) AN EXTENSION OF TIME, UNTIL JUNE 30, 2008, TO COMPLETE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1466 AND 1468 NORTHWEST 61ST STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF ONE (1) SINGLE FAMILY HOME ON EACH OF THE PROPERTIES; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO CONVEYANCE OF TITLE TO SAID PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. City ofMiami Page 56 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01443-Legislation-SUB. pdf 07-01443 Exhibitl.pdf 07-01443 Exhibit2.pdf 07-01443-Exhibit3-SUB. pdf 07-01443-Exhibit4-SUB. pdf 07-01443 Exhibit5.pdf 07-01443 Exhibit6.pdf 07-01443 Exhibit7.pdf 07-01443 Exhibit8.pdf 07-01443 Summary Form.pdf 07-01443 Pre Legislation.pdf 07-01443 Master Report.pdf 07-01443 Pre Legislation2.pdf 07-01443 Properties to be Conveyed.pdf 07-01443 Pre Legislation3.pdf 07-01443 Email.pdf 07-01443 Email2.pdf 07-01443 Web Page.pdf 07-01443 Map.pdf 07-01443 Quit Claim Deed.pdf 07-01443 Map2.pdf 07-01443 Quit Claim Deed2.pdf 07-01443 Acknowledgement.pdf 07-01443 Map3.pdf 07-01443 Acknowledgement2.pdf 07-01443 Quit Claim Deed3.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0020 Chair Sanchez: PH.13. PH.13 is a resolution, also by the Department of Community Development. You're recognized for the record. George Mensah (Assistant Director, Community Development): PH.13 also is a substitution. This is a resolution granting to Palmetto Homes ofMiami, Incorporated an extension of time, until March -- April 30, 2008, to commence construction, and an extension, until December 31, 2008, to complete construction of property located at 5812 Northwest 15th Avenue, and also, an extension of time to complete the property located -- two properties located at 1466 and 1468 Northwest 61 st Street, Miami, Florida. Just wanted to note for the record that those properties, 1466 and 1468 have already been completed. The developer had CO (Certificate of Occupancy) last week, and these are the properties that are the green house buildings. Chair Sanchez: All right. Before we make a motion, is there anyone in opposition to this item? It is a public hearing. The public hearing is open, and it's closed for the record. There's no one in opposition. It comes back to the Commission. Is there a motion? Vice Chair Spence -Jones: So moved, then a comment. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. City ofMiami Page 57 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 PH.14 07-01444 Department of Community Development Chair Sanchez: -- by the Vice Chair. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Any further discussion on the item? Vice Chair Spence -Jones: Yes. Chair Sanchez: Discussion. You're recognized. Vice Chair Spence -Jones: I just want to, again, just acknowledge Ariel Lundy, Pat Braynan (phonetic), and of course, the CD (Community Development) Department. These houses, you guys have to go check them out. They're green houses. I think it's the first that are actually being built in my district, and they're absolutely beautiful, so I just want to make sure thatl commend them for all of their hard work. Chair Sanchez: Mr. Director? As amended. Mr. Mensah: As amend -- Chair Sanchez: Okay. All right. Madam Clerk, for the record, there's a substitution on the item, so the motion is as amended. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $167,000, PREVIOUSLY ALLOCATED TO URBAN EMPOWERMENT CORPORATION; ALLOCATING SAID FUNDS BACK TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT -DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE (FISCAL YEAR 2007-2008). 07-01444-Legislation-SUB. pdf 07-01444 Exhibitl.pdf 07-01444 Summary Form.pdf 07-01444 Public Notice.pdf 07-01444 Pre Legislation.pdf 07-01444 Attachment A.pdf 07-01444 Electronic Code.pdf 07-01444 Letter. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair 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-08-0021 Chair Sanchez: PH.14. PH.14 is a resolution. It also has a substitution. Alfredo Duran: Yes, it does. Alfredo Duran, with the -- assistant director of Community City ofMiami Page 58 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Development, and this item is also -- has a substitution, and it is presented as amended. Chair Sanchez: And for the record, these substitutions were presented to the Chair before 48 hours. Mr. Duran: Yes, sir, and approved by the City Man -- City Attorney. This is a resolution authorizing the de -obligation of Community Development Block Grants, in the amount of $167, 000, to the Urban Empowerment Corporation. The reason for this is that when these monies were awarded to this organization, subsequent to that, the Department of Community Development realized that this organization failed to meet a conflict of interest issue at the time, and therefore, for that reason, we are recommending that these funds are de -obligated at this time. Chair Sanchez: Okay, so in other words, you're de -obligating the money and then transferring the money? Mr. Duran: At this point, they're being transferred back to the original account, which is the District 2 reserve account. Chair Sanchez: Okay. All right. Is there a motion on the item? PH.14 is a resolution. We have that item -- Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- second by Vice Chair Spence -Jones. It's a public hearing. Anyone from the public wishing to address this item, please step forward Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any further discussion on the item? Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Priscilla A. Thompson (City Clerk): As modified. Chair Sanchez: As amended, yes. Ms. Thompson: Thank you. Chair Sanchez: As modified PH.15 07-01445 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $10,000, PREVIOUSLY ALLOCATED TO THE ALTERNATIVE PROGRAMS, INC., FOR THE RENOVATION OF A DAY CARE CENTER; ALLOCATING SAID FUNDS, TO THE ALTERNATIVE PROGRAMS, INC., FOR THE COMPLETION OF THE INSTALLATION OF THE ROOF AND WINDOWS AT THE FACILITY LOCATED AT 151 NORTHWEST 60TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE City ofMiami Page 59 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 AGREEMENT(S) AND/OR AMENDMENT(S) TO THE EXISTING AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE ALTERNATIVE PROGRAMS, INC., FOR SAID PURPOSES. 07-01445 Legislation.pdf 07-01445 Exhibitl.pdf 07-01445 Exhibit2.pdf 07-01445 Exhibit3.pdf 07-01445 Exhibit4.pdf 07-01445 Exhibit5.pdf 07-01445 Exhibit6.pdf 07-01445 Exhibit7.pdf 07-01445 Exhibit8.pdf 07-01445 Exhibit9.pdf 07-01445 Summary Form.pdf 07-01445 Public Notice.pdf 07-01445 Pre Legislation.pdf 07-01445 Attachment A.pdf 07-01445 Agreement.pdf 07-01445 Pre Legislation2.pdf 07-01445 Exhibit A 1.pdf 07-01445 Amendmentl.pdf 07-01445 Pre Legislation3.pdf 07-01445 Exhibit A 2.pdf 07-01445 Amendment2.pdf 07-01445 Pre Legislation4.pdf 07-01445 Exhibit A 3.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0022 Chair Sanchez: All right. PH.15. Alfredo Duran (Assistant Director, Community Development): Yes. PH.15 is the resolution authorizing the transfer of $10,000 to -- of Community Development Block Grant funding to the Alternative Programs so that they can complete the rehabilitation of their building located at 151 Northwest 60th Street. The monies will be utilized for payment of insurance costs. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- Spence -Jones. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Before we open it up for discussion, anyone from the public wishing to address this item? Seeing none, hearing none, the public City ofMiami Page 60 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 hearing is closed. For the record, there's no opposition to the item; coming back to the Commission for discussion. Hearing no discussion on the item, this item is -- there's no substitution to this item. Okay. We are PH.15, resolution. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 61 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 SR.1 07-01475 ORDINANCE Department of Public Works ORDINANCE - SECOND READING Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01475 Legislation.pdf 07-01475 Summary Form.pdf 07-01475-Submittal-Photo. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12959 Chair Sanchez: All right. SR.1, the Bay Point seawall. Why don't we do something? Why don't you go have lunch.? You'll be the first item when we come back 'cause -- Eileen Perillo: I have about -- I have all of our residents that have taken time off of work to -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair Sanchez: Well, ma'am, could you just come up here? The problem is, ma'am, that I have five other items. If the Commissioners want to cooperate and we could get them done quickly, we'll get you in here. If not, I have four other items that are public hearings. We have the gentleman that we bring in. We pay him very well to be here to be able to do what he does, so if we have cooperation and we get through these items, we'll listen to you. Ms. Perillo: I appreciate it. Chair Sanchez: If not, then you'll come back and be the first item after lunch, okay? Ms. Perillo: All right. Thank you. Ms. Thompson: I'm sorry, Chair. Chair Sanchez: Let's see how it works. Ms. Thompson: We do -- we always need a name for the record, please. I'm sorry. Chair Sanchez: Ma'am, just state your name on the -- ma'am, just come up and state your name for the record, and that's it. Ms. Perillo: Eileen Perillo. Chair Sanchez: Okay, perfect. City ofMiami Page 62 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 [Later..] Chair Sanchez: And we go to SR.1. SR.1 -- Stephanie Grindell (Director, Public Works): Stephanie Grindell -- Chair Sanchez: -- Bay Point. Ms. Grindell: -- director of Public Works. In June of 2007, the Commission passed an ordinance establishing design standards for seawalls and bulkheads, and this -- SR.1 is an ordinance amendment that provides verbiage to exclude properties that are under contracts or, you know, such as covenants or deeds. Chair Sanchez: All right. Let's -- what's -- is there a motion? Commissioner Sarnoff So move. Chair Sanchez: Okay. There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Michelle -- the Vice Chair. The item is a public hearing. Anyone from the public wishing to address this item? David Freedman: Sure. Good morning, Mr. Chairman. Chair Sanchez: All right. Sir, state your name and address for the record. Mr. Freedman: David Freedman, of the Coffey Burlington Law Firm, 2699 South Bayshore Drive, Coconut Grove, with the privilege to represent the Bay Point Property Owners Association in regards to the proposed ordinance, which would amend the seawall ordinance passed last year. That prior ordinance requires seawall repairs to result in a seawall elevation of five feet, and we strongly support the proposed ordinance, which corrects a flaw in the prior ordinance, which I will describe. Our community, which is situated between Biscayne Boulevard and the bay, is a covenant community, meaning that it's protected by a restrictive covenant; it's been in place for almost 70 years. That covenant, as you can see from the photograph which I hope has been distributed -- is there a photograph been distributed? Vice Chair Spence -Jones: Yes. Mr. Freedman: Great. What we've done in Bay Point is we have a seawall that sits at 2.5 feet at the top of the cap -- or two and a half feet lower than the new requirement, but there's an 8-foot high berm behind it, and the beauty of Bay Point is in the architectural uniformity of the seawall and the berm behind it. Our covenant provides that you can't alter the height of the seawall absent a majority vote of the property owners. The Public Works Department is in possession of a report from November of '07 prepared by Ed Swaycon (phonetic), a professional environmental engineer, along with John Wang, PhD, a professor of applied marine physics out at the Rosenstiel School at the University ofMiami. They studied the historical tide data gathered by NOAA (National Oceanic and Atmospheric Administration) at their monitoring station and applied that data to Bay Point to determine whether or not our seawall with the berm behind it adequately protected the neighborhood. They studied about 12 years of data and found that the water never came over the berm or even close to it, notwithstanding numerous tropical storms and hurricanes. The problem we see in the seawall ordinance from last year is it has no exception for communities who govern their own flood control through a restrictive covenant, such as we do, and thereby, you put us in conflict -- even though our system works, you put us in City ofMiami Page 63 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 conflict with the new five -foot -high regulation on seawalls. Under the ordinance now in place since last July, ifI am a Bay Point resident andl need to repair my seawall, I have to bring my segment up to five feet, but the rest of the community is at two and a half feet, and it creates a terrible appearance and destroys the aesthetics and uniformity of the community with no public purpose being served because it doesn't make any sense to put a five-foot wall in front of an eight high -- eight -foot -high berm, so this is what the engineer said, andl quote, "The existing elevation of the cap of the interior seawall at Bay Point, the existing elevation, does not pose any health, safety or welfare risks to the inhabitants. Increasing the height of the seawall to plus five feet would serve no practical purpose inasmuch as the protective slope behind the seawall is well in excess of five feet." They concluded that the combination of the seawall and the berm behind it has served and continues to serve the purpose for which they were constructed, so the existing seawall ordinance has no positive impact on Bay Point, only a negative impact. It doesn't protect us; it just erodes the uniformity of our community. As is often said, if it ain't broke, don't fix it. We were working fine for almost 70 years. Please pass the new ordinance to eliminate the conflict between our ordinance -- your ordinance and our covenant, which has adequately protected our neighborhood since 1940. Thank you. Chair Sanchez: Thank you so much. All right. Anyone else from the public wishing to address this item? If not, the public hearing is closed, coming back to the Commission. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff My mistake. I'm here to correct it. I made a mistake by not considering some of the neighborhoods in the Upper Eastside and understanding their needs and what exactly it looked like. This is merely a way of make suring [sic] that the public health, welfare, and safety is protected, but also the aesthetics. The record is very clear that they have expert testimony to demonstrate that the public health, welfare, and safety is protected and now, so are the aesthetics. Chair Sanchez: All right. I just have one question. How didl get conned into voting into this ill-advised -- Commissioner Sarnoff Probably from a young Commissioner. Chair Sanchez: Jesus. All right. No further discussion on the item. It's an ordinance on second reading. Mr. City Attorney, read the ordinance into the record, followed by roll call. The ordinance was read by title into the public record by the City Attorney. Chair Sanchez: I have one question. Is this a sufficient change on second reading, on a legal aspect of it? Just want to know. Jorge L. Fernandez (City Attorney): Yeah. This is the same as your first reading, and it is correct. Chair Sanchez: Okay. Just for the record. All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Thank you. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, 5/0, on second reading. Chair Sanchez: All right. Thank you. All right. What we're going to do is we're going to go ahead and have a recess. City ofMiami Page 64 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Vice Chair Spence -Jones: Yes. Chair Sanchez: We'll come back at 1: 30 sharp. Vice Chair Spence -Jones: Sharp. Chair Sanchez: We should be out of here, hopefully with this agenda, no later than 4 o'clock, 4:30. Thank you. City ofMiami Commission stands in recess. City ofMiami Page 65 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 FR.1 07-01304 Department of Parks and Recreation ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ADDING A NEW SECTION TO CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," TO ESTABLISH THE PARKS AND RECREATION ADVISORY BOARD, TO SET FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES, AND JURISDICTION; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL, AND ASSIGNMENT OF STAFF AND LIAISON(S), AND TO PROVIDE FOR AN ANNUAL REPORT AND THE "SUNSET" REVIEW OF SAID BOARD EVERY FOUR YEARS; MORE PARTICULARLY BY ADDING TO ARTICLE XI A NEW DIVISION 11, BY AMENDING SECTION 2-887 OF SAID CODE TO ADD THE PARKS AND RECREATION ADVISORY BOARD AND TO DELETE THE FORMER COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE AND THE FORMER PARKING ADVISORY BOARD; AND BY AMENDING 2-892 OF SAID CODE TO ADD THE PARKS AND RECREATION ADVISORY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 07-01304 Legislation.pdf 07-01304 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: First item back from lunch recess. Once again, the City ofMiami Commissioner -- Commission is back in order. First item will be FR.1. FR.1 is an ordinance on first reading. It's the Department of Parks and Recreation. Executive Director, you're recognized for the record. ErnestBurkeen: ErnestBurkeen, director of Parks and Recreation for the City ofMiami. First reading, new ordinance. This is an ordinance establishing -- authorizing the establishment of the new Parks and Recreation Advisory Board. Chair Sanchez: All right. Is there a motion? Commissioner Regalado: I move it for discussion. Chair Sanchez: There's -- Commissioner Sarnoff Second. Chair Sanchez: -- a motion by Commissioner Regalado, second by Commissioner Sarnoff. The item is under discussion. Before we do that, it is a public hearing. It's an ordinance on first reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Regalado, you're recognized. City ofMiami Page 66 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: Thank you, Mr. Chairman. The purpose of this -- it was because the Park Advisory Board couldn't meet and sometimes didn't have the quorum, but the main issue was that some of the Park board members said -- at least said to me, well, we don't participate. We are not part of the decision -making process. Mr. Park director, could you tell us or explain the powers of this board? Mr. Burkeen: It's an advisory board, but I think it's integral to the department going forward. I think it depends on the leadership, and in my mind, I think that we need to take everything that we do to the advisory board, share with them and help them -- and have them assist us in some of the decisions that we make about the Parks andRec. Advisory -- about the Parks andRec. Department. Commissioner Regalado: One of the things that we have when we go to the Planning and Zoning is the recommendations of the Zoning Board, the Planning Board, and their vote. Is this part of the ordinance? Are we going to get -- suppose -- in the backup material, Park Advisory Board recommended that this and that; on this issue, they voted 9/2, or whatever? Is that --? Mr. Burkeen: I expect so, andl expect the board to -- Commissioner Regalado: But expect, or is it in the ordinance? Mr. Burkeen: I expect that the board is going to charter its own direction, and it's not for me to tell the board what, in fact, to do. Commissioner Regalado: No, no, but I'm talking about the ordinance. Maybe the City Attorney. Jorge L. Fernandez (City Attorney): The ordinan -- with regard to the -- Commissioner Regalado: With regard to having, in every park item that comes to the City Commission, the outcome of the vote and the recommendations of the Park Advisory Board. Mr. Fernandez: No. That is not necessarily outlined in the ordinance, per se. That doesn't mean that the board cannot, on their own, adopt that as a policy or as a procedure for them to bring to you their recommendations on all issues that they deal with, but if you want to reverse the order -- Commissioner Regalado: But why not put it in the ordinance? Mr. Fernandez: Well, that's up to you. That's -- Commissioner Regalado: I mean -- Mr. Fernandez: This is here on first reading. Mr. Burkeen: I think you would handicap the operation of the department. I think it's a partnership that you look at, and you're talking about volunteers being able to participate on specific projects that you want to go. I don't think you want them involved in your everyday operation. Commissioner Regalado: No, no, no, no, no, no, but I'm not talking about the everyday operation. What I'm -- what was saying -- when we do a planning -- a change of zoning, we have the Planning Board voted 3/2; the Zoning Board voted 4/5 here. Now suppose that we have an item for the Shenandoah Park or Jose Marti Park or Kennedy, it would be nice to have "The Park Advisory Board voted 5/0 in favor of this item." City ofMiami Page 67 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: It's -- Mr. Burkeen: That's not a problem. Commissioner Regalado: It's not a problem. That's what I'm saying. Mr. Burkeen: That's not a problem. That's -- Commissioner Regalado: But -- Mr. Burkeen: -- that can be done. Commissioner Regalado: -- can we include it in the ordinance? Mr. Fernandez: Yes. We can include that for second reading, and that would not be such a substantial reading [sic] that would render the ordinance again a first reading, so we can, in the appropriate place, include referrals that on projects on which they are working with the Parks Department, any vote that they record would be reported to the Commission when the item comes to the City Commission. Commissioner Regalado: Okay. Fine. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff I happen to agree with Commissioner Regalado that that would be an important feature to put in, and I'll tender afriendly amendment that that equally be put into the first reading, but here's what we do know. This board will need a Parks Department liaison. It turns out that I think you planned to appoint Ed Blanco. Mr. Burkeen: I'm not sure who I'm going to appoint at this point. Commissioner Sarnoff I think we should say publicly Ed Blanco called and politely stated he's done it for seven years, and he says that the board needs a new face, and a board -- a new board with a new era. You know, we would like to thank Ed Blanco for his many years of tireless service to the old board, but I think it's time that you, as the Park director, appoint afresh face. You know, we know that Mr. Blanco will continue to assist you where and whenever possible, and we know that we could use his institutional knowledge, but could you or the City Manager suggest another liaison for this new board? Mr. Burkeen: I think -- Pedro G. Hernandez (City Manager): Commissioner, ifI may. I think it's important that, you know, the director and myself get an opportunity to review this issue. I know that Mr. Blanco has done very well in the past, and maybe he feels that he's been doing it too long, butl think it's more up to, let's say, my discretion, working with the director, to see who the best person would be to represent staff. Commissioner Sarnoff Well, what I'm suggesting, not urging just yet -- Chair Sanchez: Yes, you're suggesting. Commissioner Sarnoff Right. I am merely suggesting that you not put a person on the board or the liaison for the board who has professed his misgivings at the inception, and strongly would urge, though not dictate, that you consider new blood. City ofMiami Page 68 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Hernandez: I do understand the comment, andl will address it properly because, honestly, yes, we don't want to have somebody there starting a new process that is not all passionately into the process and making it succeed. I agree. Chair Sanchez: Any further questions for the executive director? Commissioner Sarnoff No. Chair Sanchez: All right. This is an advisory board, okay? I'm all for the advisory board, and I'll tell you why. The City has put a lot of resource into our parks. If there's one thing that this City cannot be criticized is not for improving our City parks and the programs in our City parks 'cause I've been here now ten years, andl could tell you we've gone -- we've come a long way in our parks, not only with programs, but improving our parks, beautfing our parks, and the parks -- our City parks don't belong to us; they belong to the people, so therefore, they should have the input as to working with the Administration to improve maybe the parks, to improve the programs and come back to us, so the recommendation, just like everything else on the waterfront and other advisory boards, they should come in front of this Commission with their advisory, whether they support it or they don't support whatever went in front of that board, so what would like to do -- andl always say this. The boards are only as good as the people that you appoint, and we got to make sure that the people that are appointed to those boards are people that have their hearts in the right place 'cause I'll tell you this much. I continue to have a problem -- and maybe I'm the only one -- 'cause I'm very selective of who -- the people that I appoint to boards because ifI appoint them today, in three weeks from now or three months from now they don't show up, guess what? My staff has to go through another process of contacting people, interviewing people to put -- to appoint them to that board, so it's important that we appoint people there that are going to be there for a while. They are going to play a very important role in the future of our parks in the City, so, once again, I want to implore with all my colleagues to make sure that you do appoint people that have experiences in parks, maybe community activists, you know, people that are going to add to that board, not take away from that board, so -- Commissioner Gonzalez has arrived for the record. We are on the Public [sic] Advisory Board. If anybody should speak about this item, it is you, with all the improvements that you've done to your parks in your district. Commissioner Gonzalez: Yeah. Chair Sanchez: So would you like to speak on the item, or you're prepared to vote on it? Commissioner Gonzalez: No. I'm ready to vote. Chair Sanchez: All right. There's no further discussion on the item. I did open up the public hearing. Did I, Madam Clerk? Mr. Fernandez: Yes. Chair Sanchez: All right. For the record, the public hearing was open and closed. There has been discussion on the item. It's an ordinance on first reading. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sarnoff? City ofMiami Page 69 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Sarnoff As amended, yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes, as amended. Ms. Thompson: The ordinance has passed on first reading, as amended, 4/0. Chair Sanchez: All right. Just for point of clarification, composed of one from each Commission, that's a total of five; two nominated by the Mayor and confirmed by this Commission, and four nominated by the Manager and confirmed by this Commission. Mr. Fernandez: Correct. Chair Sanchez: All right. FR.2 07-01447 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE Attorney DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 07-0556, ADOPTED SEPTEMBER 27, 2007, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01447 Legislation.pdf 07-01447 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: We move on to FR.2. FR.2 is an ordinance on first reading, and that is from the office -- well, it's really not from your office. Jorge L. Fernandez (City Attorney): Well, we prepared it in order for you to be in compliance with your Charter. In years past, you used to pass your budget by means of an ordinance. In the last two years, you have been passing your budget by means of a resolution. The Charter requires that you and only you have the power to establish departments, dismiss departments, combine departments and need to do so by ordinance. We -- what our -- what we're doing here is adopting, by ordinance, so that we're in compliance with the Charter, the actions that you took last September, by resolution through your budget, in establishing the department structure of the City, and this is a necessary step that you need to take in order to keep you compliant. Chair Sanchez: All right, and this basically pertains to the Economic Development that was City ofMiami Page 70 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 done away with -- Mr. Fernandez: Whatever -- Chair Sanchez: -- I voted against it -- Mr. Fernandez: -- changes -- exactly. It does. Chair Sanchez: -- but it was done away with, and the procedure that we have to follow -- the appropriate procedure is this procedure because -- Mr. Fernandez: Exactly. Chair Sanchez: -- it's not on the FY-08 budget. Mr. Fernandez: This is on the budget that you presently have in place. This sets the organizational structure of the City as per your last budget approval. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move FR.2. Chair Sanchez: There's a motion -- Commissioner Sarnoff Second. Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Sarnoff. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Any discussion on the item? Hearing none, it's ordinance on first reading. Mr. City Attorney, read it into the record, followed by roll call. The ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance passed on first reading, 4/0. Chair Sanchez: For the record, the Vice Chair has arrived. FR.3 07-01448 ORDINANCE First Reading Miami Sports & AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Exhibition 2/ARTICLE XI/DIVISION 6, OF THE CODE OF THE CITY OF MIAMI, Authority FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY," TO AMEND: (I) FREQUENCY OF MEETINGS AND (II) INCLUDE CERTAIN AMENDMENTS RELATING TO THE COMPOSITION OF THE BOARD, ADOPTED BY THE CITY COMMISSION ON JUNE 14, 2001, PURSUANT TO ORDINANCE NO. 12073, WHICH INADVERTENTLY HAVE NOT BEEN INCLUDED IN SAID ORDINANCE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 71 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01448 Legislation.pdf 07-01448 Cover Page.pdf 07-01448 Minutes.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. We move on to FR.3. It's an ordinance on first reading from the Miami Sports and Exhibition Authority. Executive Director, you're recognized for the record. Tim Schmand: Tim Schmand, executive director, Miami Sports and Exhibition Authority, 301 North Biscayne Boulevard. Good afternoon, Commissioners. What you have before you is a first reading of an ordinance that would change the meeting requirements for the Miami Sports and Exhibition Authority from monthly to quarterly and codifying action of the City Commission from June of 2001. Chair Sanchez: All right. Is there a motion? Commissioner Regalado: So move. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Discussion on the item. Hearing no discussion, Mr. City Attorney, read -- Commissioner Regalado: Can I ask a question? Chair Sanchez: You are recognized for the record. Commissioner Regalado: Thank you. Tim, good afternoon. I agree, and we all know that it was a decision that the board took; that MSEA (Miami Sports and Exhibition Authority), who was sort of dormant, was meeting. Sometimes we didn't get the quorum, but now I keep hearing that MSEA is going have a role in the Museum Park, for instance. I learned that through the media. I have not received any information. I asked the Manager about it. He said that he would try to get some information. I was visited by some -- a group of people who also are interested in doing some kind of project in Watson Island I was also asked by the PTA (Parent-Teacher Association) at the Children's Museum to get some information and to get some action regarding the tunnel and the construction because of the children, and by the way, I have to say that my two grandchildren are attending the Children's Museum. This is why the PTA contacted me, so are -- we are going to be getting information, even if we don't meet, but if we don't meet, we cannot vote. Mr. Schmand: That's exactly it, and what we're endeavoring to do at the present time is get together a meeting, and we're hoping to do it before the end of January. Commissioner Regalado: But are we going to be getting information of --? Mr. Schmand: Sure, and before -- prior to every MSEA meeting, we come around and we brief all the members on the issues that are currently confronting the organization, and as we prepare for that meeting, we'll do those briefings. City ofMiami Page 72 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 FR.4 07-01449 City Manager's Office Commissioner Regalado: Okay. Chair Sanchez: All right. Just for the point of clarification, this is just, basically, a clean-up ordinance that passed in 201 [sic], correct? Mr. Schmand: Correct. Chair Sanchez: Okay. All right. No further discussion on the item? It is an ordinance on first reading. Mr. City Attorney, read the ordinance into the record. Madam Clerk, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chair Sanchez: That was FR.3. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL," BY AMENDING SECTIONS 2-1142 AND 2-1143; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01449 Legislation.pdf 07-01449 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We move to FR.4, which is an ordinance in first reading. It comes from the City Manager's office. Robert Parente (Director, Mayor's Office ofFilm, Arts, Culture & Entertainment). Happy New Year, everyone. Good afternoon. What you have before you is an amendment -- Chair Sanchez: Name. Mr. Parente: Oh, I'm sorry. Robert Parente, director of Mayor's Office ofFilm and Cultural Affairs. What you have before you, Commissioners, is a slight modification to the ordinance that created the Arts and Entertainment Council. We did a little cleanup in Section 1141, Section 2, Item G. We struck -out the phrase "establishing a Miami Art Museum and such branches." Moving forward on the composition of the board, in Section 1142, we're asking you to mod this so that the Mayor will appoint six members of the board instead of five, and each Commissioner will have one appointment to change theirs that the acting chair would not have two appointments so that, after a year's time, you wouldn't have to fire one of your appointees. It City ofMiami Page 73 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 makes it a little bit cleaner, and then we're also asking you to let us modify the quorum in voting. The way it was, was probably more of the stricter quorum requirements. Even with vacancies, we weren't allowed to exclude them, so we always had to have six or seven people present. This would allow us to change that, and that is the sum total of our changes to the ordinance. Chair Sanchez: And that's 50 percent of the member plus one, right? Mr. Parente: That's -- no. I believe it would allow us to have a quorum of four, four people based on -- Commissioner Sarnoff Three, I think. Mr. Parente: --11 -- Commissioner Sarnoff IfI read it correctly, it will allow you to go down to three, which meant two people can then -- Mr. Parente: That's correct. You can't have a quorum of two, so -- Commissioner Sarnoff No, I understand, and my concern -- if you don't mind. Chair Sanchez: No. Commissioner Sarnoff My concern is that three people can set at least policy of some sort for your board. Would you be more comfortable -- I would be more comfortable ifI heard five being a quorum. Could you -- think you --? Mr. Parente: I have no problem with that. Commissioner Sarnoff Okay. Mr. Parente: So could we make that change here on the floor? Commissioner Sarnoff Yeah. We could do a friendly amendment. Chair Sanchez: It is on first reading. We could add any amendments we want. Mr. Parente: That's right. I'll have the Attorney modify it on second reading. Chair Sanchez: Commissioner Sarnoff, would you like to proffer that it -- Commissioner Sarnoff I would. Chair Sanchez: -- be changed to no minimum than five members, right? Commissioner Sarnoff Correct. The quorum would be five members. Mr. Parente: That's fine. Chair Sanchez: All right. That's a friendly amendment in a form of a motion. Is there a second? Commissioner Regalado: Second. Commissioner Gonzalez: Second. City ofMiami Page 74 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: Second by both Commissioner Regalado and Vice Chair Spence -Jones. The ordinance has been amended on first reading. Commissioner Regalado: A question, Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Regalado: Maybe to the Manager. When we started discussing the murals ordinance 17 years ago, we said that some of the money will be used to promote arts and entertainment. Giving this board the possibility of being sort of a small brother or sister to the cultural boards of the County, who has now all the power and all the clout to direct cultural events in every sense in the County, including the City ofMiami, then some special events were mingled with culture, but this board has not been able to set the direction that the City should go in terms of arts and culture, so my question to the Manager is, whenever the mural ordinance come back -- you weren't here, so you can always say it was before my time, but we need to know -- I would need to know if some monies from this ordinance will go to fund the Arts and Entertainment Council. Pedro G. Hernandez (City Manager): Commissioner, I understand that such an ordinance is in the works right now. I understand that it's even in the draft 24th agenda. I don't recall exactly what the language is reference how to use, you know, the revenues, but I think that will be addressed. I understand it's like a 50/50 for art and parks, so forth. Mr. Parente: I think it's the poverty initiative. Mr. Hernandez: I'm going off you know, total -- my memory. Mr. Parente: I believe it's -- it originally was a hundred percent, and then at a subsequent meeting and the time that's been going on, it was split fifty percent for the Arts and Entertainment Council and fifty percent to the poverty initiative is what was told. Commissioner Sarnoff No, it's not. It's in front of me right now. It's fifty 50 percent for the Miami Arts and Entertainment Trust Fund and 50 percent toward the park site acquisition. Mr. Parente: Good. Mr. Hernandez: Right. Chair Sanchez: All right. Commissioner Regalado: Okay. Chair Sanchez: All right. FR.4. Priscilla A. Thompson (City Clerk): This is a public hearing. Commissioner Gonzalez: FR.5. Chair Sanchez: I'm sorry? Ms. Thompson: Pub -- Chair Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this City ofMiami Page 75 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 FR.5 07-01546 City Manager's Office item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There's been a motion and a second, as amended. It's a resolution on first reading. Read it into the record, followed by roll call. Commissioner Gonzalez: It's an ordinance. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as amended, 5/0. Chair Sanchez: All right. Moving along, that was FR. 4. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE XI ENTITLED "BOARDS, COMMITTEES, COMMISSIONS," DIVISION 12 ENTITLED "COMMUNITY RELATIONS BOARD," SECTION 2-1152, TO CHANGE THE QUORUM REQUIREMENT AND TO REMOVE UNNECESSARY LANGUAGE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01546 Legislation.pdf 07-01546 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We go to FR.5. It's an ordinance on first reading, pertaining to Community Relations Board. All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Spence -Jones: Second it. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. The item is under discussion. Before we do that, anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any discussion on the item? Vice Chair Spence -Jones: Yes, Mr. Chairman. I just would like to at least commend Ms. Ada Rojas for her outstanding work with the Community Relations Board, and you just have, I know, wonderful people that work on that board doing great things, so I just wanted to at least publicly acknowledge you. Any time there's anything that's going on in our communities that we need to have that board available, you've been available, andl want to thank the City Manager for making that possible. I don't know if you want to officially put anything on the record, Ada. Ada Rojas (Community Relations Coordinator): Madam Vice Chair and Commissioners, I thank you very much. Ada Rojas, coordinator for the Office of Community Relations, here on behalf of the CRB (Community Relations Board). Thank you so much, Chairman Sanchez, for adopting the ordinance as a quorum, and thank you so much. We are here with the Community Relations City ofMiami Page 76 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Board and the Office of Community Relations, obviously, we're here for the purpose you all know, and we are honored and grateful to continue to serve for the community, for the Commissioners, our Mayor and, of course, our City Manager. Thankyou so much for acknowledging me today. Vice Chair Spence -Jones: Thankyou, Ada. Chair Sanchez: Thank you. It's an ordinance on first reading. All it does is -- they have a quorum now with five members present. All right. No further discussion on the item. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.6 07-01548 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 2/ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," AND CHAPTER 54/ARTICLE II OF THE CITY CODE ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," BY AMENDING SECTIONS, AS STATED HEREIN, CONCERNING THE REGULATION OF EXCAVATION WORK IN THE PUBLIC RIGHTS -OF -WAY TO CONFORM WITH THE FLORIDA CONSUMER CHOICE ACT OF 2007; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01548 Legislation.pdf 07-01548 Summary Form.pdf CONTINUED Note for the Record: Item FR.6 was continued to the City Commission meeting currently scheduled for February 14, 2008. City ofMiami Page 77 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.1 08-00012 RESOLUTION City Attorney RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ELECTING AND REAPPOINTING PRISCILLA A. THOMPSON AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; APPROVING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY CLERK PRISCILLA A. THOMPSON. 08-00012 Legislation.pdf 08-00012 Exhibit 1.pdf 08-00012 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0025 Chair Sanchez: Now let's go back to RE.1. RE.1 is the reappointment of the City Clerk. All right. It's a resolution. Do I hear a motion? Commissioner Gonzalez: I move -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- RE.1. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. It is a public hearing. Anyone from the public wishing to address this item, please step forward Hearing none, seeing none, the public hearing is closed, coming back to the Commission for a vote. Any comments from my colleagues pertaining to her performance? Vice Chair Spence -Jones: Yes. Chair Sanchez: Commissioner Regalado, you're -- Vice Chair Spence -Jones: I def -- Commissioner Regalado: Yes, for -- just for the record. Chair Sanchez: Ladies first. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: I was going to say something. Thank you very much, Mr. Chairman. First of all, I want to definitely acknowledge our City Clerk. She is definitely an outstanding City employee; has done a wonderful job. I want to thank her personally because she has actually been a gift to me, just helping me get through a lot of the issues and concerns that I have regarding key issues, so I wanted to at least say to her publicly that we appreciate you in a val -- and value everything that you do for the City and all of the time that you have put in the City. I just thought that it was important to say that to you today, and you are appreciated, and for those that know the Clerk, know that she's not only efficient, professional, but she's funny, too, a great person to be around. She has an awesome team. We know that you could not do it by yourself without having your team -- City ofMiami Page 78 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Priscilla A. Thompson (City Clerk): That's right. Vice Chair Spence -Jones: -- so I'd like to also acknowledge your team for also just -- Ms. Thompson: Thank you. Vice Chair Spence -Jones: -- being outstanding City employees, but that is just what I had to say to you today, andl look forward to working with you over the next six years. Ms. Thompson: Thank you. Chair Sanchez: All right. Commissioner Regalado, you're recognized. Commissioner Regalado: Just for the record, Mr. Chairman, that Priscilla met, at least, with me and explained everything, andl just want to recognize that she understood that the City and the State is going through changes in terms of property taxes and income, and she was very in tune with the reality in terms of setting her proposed salary, and it was different than other years, much less than other years, other contracts in the past, so I wanted to thank you for understanding that the City is -- it's about to get hit with a property tax reduction income. Thank you. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Gonzalez: No comments. Commissioner Sarnoff Priscilla, we've certainly have had our differences at times, and whatever it's worth, you stood toe -to -toe with me, and you always went far and beyond what I thought you would do in terms of proving your point, and sometimes you have tempered an intemperate man, and for that I have to thank you. I think publicly you're a great face to the City ofMiami, and privately, you're a sage person that has given some very sound advice at some very profound moments. Thank you. Ms. Thompson: Thank you. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Well, I guess we met, I think it was yesterday, andl told you, you know, how pleased am with your performance and continue to be, andl want to thank you on behalf of the City for your work and your dedication and for seeing you trying to improve your department every single day, so we're proud of you. Thank you. Ms. Thompson: Thank you. Chair Sanchez: Priscilla, ifI were to look up the word 'professionalism" on the dictionary, it would have a picture of you. Ms. Thompson: Thank you. Chair Sanchez: All right. Okay. It's a resolution. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 79 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.2 07-01397 Bayfront Park Management Trust Congratulations. Ms. Thompson: Commissioners, I want to thank you for your words of encouragement. You humble me in allowing me another term to serve you, and serve is what we do. We understand that you all are our customers, just like the rest of the City, and without my team -- and make no mistake; in our office, it is a team. Without our team, we couldn't get it done, and we all thank you for giving us our props. Thank you. Chair Sanchez: And thanks for the M&Ms. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO NEGOTIATE AN AGREEMENT WITH LIVE NATION WORLDWIDE, INC., FOR THE PURPOSE OF MANAGING AND OPERATING THE BAYFRONT PARK AMPHITHEATER, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 44014, AND THE RECOMMENDATION MADE BY THE BAYFRONT PARK MANAGEMENT TRUST PROCUREMENT COMMITTEE AND APPROVED BY THE BAYFRONT PARK MANAGEMENT TRUST; LIMITING SAID NEGOTIATIONS TO A PERIOD OF NOT MORE THAN NINETY (90) DAYS. 07-01397 Legislation.pdf 07-01397 Cover memo.pdf 07-01397 Letter.pdf 07-01397 Request for Letters.pdf 07-01397 Presentation.pdf 07-01397 Request for Letters2.pdf 07-01397 Certificate of Authority. pdf 07-01397 Jurat.pdf 07-01397 Certificate of Authority2.pdf 07-01397 Jurat2.pdf 07-01397 Insurance Requirements.pdf 07-01397 Letter of Credit.pdf 07-01397 Letter2.pdf 07-01397 Presentation2.pdf 07-01397 Addendum.pdf 07-01397 RFLI Information Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0026 Chair Sanchez: All right. Let's go on to the next item on the agenda. The next item on the agenda is RE.2. It's a resolution, and that comes to us from Bayfront Park Management. Executive Director, you're recognized for the record. Tim Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami, Florida. You have before you a resolution today authorizing the Trust to enter into negotiations with Live Nation for the management and operation of the amphitheatre. Should the negotiations with Live Nation fail, we would be further authorized to go to the second -ranked proposer, which is AEG (Anschutz Entertainment Group), and just for the record, on the agenda it said that this was authorizing the Trust to execute a contract. That is not the case. It is merely City ofMiami Page 80 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 authorizing us to enter into negotiations, and everything will be brought back to the board of directors of the Trust and the Commission for their approval. Chair Sanchez: All right, so this is just basically authorizing you to start negotiations? That's all. Mr. Schmand: Correct. Chair Sanchez: It'll have to go through the board and then come back to this Commission -- Mr. Schmand: Correct. Chair Sanchez: -- for a vote? All right. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a -- Vice Chair Spence -Jones: Second. Commissioner Regalado: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by Commissioner Regalado. The item is under discussion. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff Tim, Live Nation has a slight history and record of taking a long time to negotiate. Would you mind if we put a 60-day provision in there so that we can light some fire under them and you --? Mr. Schmand: My only concern with the 60-day provision is it's going to depend on the workload of the Miami City Attorney's Office, and then after we get to the end of the negotiations, it has to go before the board of directors of the Trust and then get on the Commission agenda, so 60 days might be a little tight. Commissioner Sarnoff So ifI would extend that to 90, would you feel more comfortable? Mr. Schmand: I'd be able to sleep at night. Commissioner Sarnoff Well, I'd hate to take away from your beauty sleep. Mr. Schmand: Yeah, 90 days would be fine. Chair Sanchez: All right. As a friendly amendment, there's a motion to include a 90-day period Is there a second on that? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. All right. It's a resolution. Resolution has been amended. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 81 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.3 07-01450 Department of Capital Improvements Program Chair Sanchez: Anyone in opposition, having the same right, say "nay." The -- RE. 2, as a resolution, amended, has been approved. Mr. Schmand: Thank you, all. Chair Sanchez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING APPROPRIATIONS RELATING TO CAPITAL PROJECTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008; FURTHER AMENDING PRIOR YEAR APPROPRIATIONS TO CONTINUE PREVIOUSLY APPROVED PROJECTS. 07-01450 Legislation.pdf 07-01450 Exhibit .pdf 07-01450 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff R-08-0027 Chair Sanchez: We move on to RE.3. RE.3 is Department of Capitallmprovements Project, and I want to thank the department so far for cooperating, and before the item is even called, you guys are up here on the dais. That's a beautiful thing. Ola O. Aluko (Director, Capitallmprovements Program): You run a tight ship, Commissioner - -Mr. Chair. Good afternoon. Ola Aluko, director of Capital Improvements, City ofMiami. RE.3 item is to appropriate new funding sources and amend our prior year's appropriations to continue capital improvement projects for the fiscal year 2007-2008. These new appropriations are incorporated into 2007-2008 capital plan, which will be presented to the Commission at a later time. The appropriations are fundings that had already been previously approved, revenues such as revenues from the General Obligation Bond from the County; the Florida Sunshine State Loan has sent a surtax, contributions from the general fund and so on, and, basically, we're putting them into the different funds for appropriations. Chair Sanchez: All right. It's a resolution. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Commissioner Regalado: Second. Chair Sanchez: Is there a second? Second by Commissioner Regalado. Before we open it up for discussion, anyone from the public wishing to address this item? You're recognized for the record. Two minutes. Renita Holmes: Okay. My name is Madam Renita Holmes, and you know, I'm really seriously thinking about adopting that nickname "two minutes, " but in the interim [sic] of time, sir -- Chair Sanchez: But everybody's two minutes. City ofMiami Page 82 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Ms. Holmes: Yeah, I know, but you make sure I know it. Chair Sanchez: Everybody's two minutes. Ms. Holmes: Yes, sir, so can I start now from two minutes? Chair Sanchez: You started ten seconds ago. Ms. Holmes: Oh, that's not fair, Joe. Chair Sanchez: But it's your birthday. That's right. It's your birthday, right? Ms. Holmes: Well, actually, every day is, but -- Chair Sanchez: Oh, no, no. Ms. Holmes: It's -- you asked. Chair Sanchez: Look, I started the two minutes, so you got two minutes. Go ahead. Ms. Holmes: All right. Thank you. I was -- just wanted to make it a matter of record in regarding the capital improvement and the appropriations in the continuing of projects. Just for the record, to let you know that I'm representing WAVE, and again, this is just one of the items, when we're talking about accessing funding and resources in disparate communities with some of the projects. Just want -- in the first reading -- I know that you're expanding your staff. I know that you're funding those projects, but there are new projects and there have been some that have attempted to access this funding -- and the intricacies, we'll discuss at the other meeting, but these -- this is one of the divisions that we are having quite a difficulty in. You know, we've got great organizations; we have great projects, and for some reason, our visions are not reaching. Commissioner, I would want you to note that we will bring it to your attention for discussion in that meeting -- Vice Chair Spence -Jones: Okay. Ms. Holmes: -- for the record. Chair Sanchez: All right. Ms. Holmes: Thank you. Chair Sanchez: Thank you. Anyone else? If not, the public hearing is closed, coming back to the Commission. There's been a motion and a second on the item. No further discussion. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Commissioner Sarnoff Nay. Chair Sanchez: Motion carries. One "nay"? Commissioner Sarnoff Um -hum. Chair Sanchez: Madam Clerk, for the record, one "nay." RE.4 07-01451 RESOLUTION City ofMiami Page 83 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Capital CITY MANAGER TO ADD UP TO TWENTY-SEVEN (27) ADDITIONAL STAFF Improvements POSITIONS TO THE TABLE OF ORGANIZATION AND THE BUDGET OF Program THE DEPARTMENT OF CAPITAL IMPROVEMENTS, ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS. 07-01451 Legislation.pdf 07-01451 Summary Form.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0028 Chair Sanchez: Okay. RE.4. RE.4 is a resolution that comes from the Department of Capital Improvement Programs. Ola O. Aluko (Director, Capitallmprovements Program): This resolution is to authorize amendment of the table of organization for the budget and organization of the Department of Capital Improvements to include up to 27 additional staff positions. The positions will be filled on an as -need basis, based on project demands and availability of funds. This was -- this is in response to the Board's request at the budget meeting when we presented our budget with regards to having enough staff in Capitallmprovements to oversee the constructions with our bonds money. Chair Sanchez: All right. For dis -- we need a motion. Commissioner Regalado: Move it. Chair Sanchez: Okay. There's a motion by Commissioner Regalado. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice -- Commissioner Regalado: Discuss -- Chair Sanchez: -- Chair. Commissioner Regalado: Discussion. Chair Sanchez: Before we go to discussion, let's open it up to the public. Anyone from the public wishing to address this issue, please identi yourself. Renita Holmes: Madam Renita Holmes, 6118 Northwest 7th Avenue. Again, in regards to the budget and the appropriations, the -- that's quite a lot of staff. I'm just hoping that, upon us giving you this information, you'll find where staff is desperately needed to be utilized on some of the projects and with some of the community that has had a difficulty in accessing that assistance, for the record. Chair Sanchez: Okay. Thank you. Public hearing is closed at this time, coming back to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. Just a comment. I was also briefed on this item, but I wanted to make a comment outside of the budget, outside of the need and HDR City ofMiami Page 84 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 (Henningson Durham and Richardson), which is about the human factor. I, like all of you -- and Commissioner Gonzalez does that always -- like to go by the different projects that we have in our district, andl was very happy to see, by myself, that the project manager for 32ndAvenue project was visiting with residents after 7 p.m. several days and that, you know, they would -- he would go to meet personally the different residents and explain to them the kind of work that has been done. That direct contact, human contact, could have avoided many, many issues in other projects that we have. The other thing that wanted to point out is -- andl wanted to commend those project manager, whether they work in the morning or night whatever, but the fact of the matter is that they went, andl know for a fact that they have been visiting some residents after hours and on Saturdays, when people are home after work. The other issue is one that I was very concerned, and it was the Shenandoah Park. The Shenandoah Park is one of the most active parks that we have in the district, and for month it has been inactive because of the construction of the different works that has been done with the soil, the sod, the different systems on the pool and all that, and most of the activities had to be moved to other parks with the hardship on the residents. Now, the park was about finished when people were told that they couldn't come back, and they couldn't come back because the work has been done in the wrong way. It wasn't finished as it should, and the director took a decision that I really support. He said you have to do it all over again, and although we are telling the people, the little league, and the Miami babies, the elderlies [sic] that play baseball, the soccer -- the people that use the park, you won't be able to use it for the next two or three month, it is important that we put the foot down and tell those contractors that do not finish the work that they have to do it all over again. If we had let this one go, we may have had serious accidents with children because of the -- the whole field was uneven, you know. Pipes were hanging out. It was a total mess, which doesn't say that much for the contractor, but I just want to commend the decision of even delaying the opening of the field but making the contractor do that again. If you hadn't taken that decision and just say, well, we need to deliver the park, in two or three months, we have had so many complaints, like we have now with the traffic circles. There is -- there are two traffic circles that were done in the past that flood two houses that never flooded before, and then what we have is residents that are saying, you see, you guys, you misspend the money and create hardship for us, so I think it's important to support the decision that if it's not done right, you have to do it again, and we have to just, you know, stand by you and tell the residents you won't be able to use the park for so much time, but we need to do it right. Hopefully, in the future we won't be able to do it twice, but just wanted to make that comment. Mr. Aluko: Thank you, Commissioner. Back in July when we came to you, we committed to the Board and the citizens of the City that we will begin a process of weeding out contractors and consultants who are underperforming, andl believe the word is spreading out to the City that we will not accept shoddy work, we will not accept latent defect without accountability, and this is one of the contractors that more than likely will have to face the circumstance -- the consequence, rather, and with regards to the employee that you may have heard of from the community, that's the new culture that CIP (Capital Improvements Program) is bringing forth. From our public relations officer to our typist clerk, everyone within the CIP Department works to serve the citizens and to ensure that we bridge the gap of this urgency so that we can deliver a better product for their quality of life. We thank you for the kind words. Chair Sanchez: All right. Any other questions on the -- on RE.4? That's the item that we're on. Any further questions on it? All right. I do have -- you're asking for 27 positions, but -- Mr. Aluko: Up to 27. Chair Sanchez: Up to 27, but doesn't mean you're going to fill them all. Mr. Aluko: Not necessarily, not at all. Chair Sanchez: Just based as needed. City ofMiami Page 85 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.5 07-01549 Department of Capital Improvements Program Mr. Aluko: Based as needed, that's correct. Chair Sanchez: All right, and this money does not come from the general funds; it comes from the bond money, right? Mr. Aluko: It actually -- it comes from the bond money, directly from the projects. These are project reimbursables. Chair Sanchez: Okay, and each project will have the cost of CIP employees tagged onto it? Mr. Aluko: That's correct. Chair Sanchez: All right. Okay. No further discussion on the item. There is a motion and a second. Didl open up to the public? I did. Then the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL WORK ORDER/CHANGE ORDER #3.1, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ZYSCOVICH, INC., FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES, FOR THE COMPREHENSIVE DESIGN OF THE "LITTLE HAITI PARK CULTURAL CAMPUS, JOB NUMBER B-30295," IN AN AMOUNT NOT TO EXCEED $164,087; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NUMBER B-30295. 07-01549 Legislation.pdf 07-01549 Exhibit.pdf 07-01549 Exhibit2.pdf 07-01549 Exhibit3.pdf 07-01549 Exhibit4.pdf 07-01549 Exhibit5.pdf 07-01549 Exhibit6.pdf 07-01549 Exhibit7.pdf 07-01549 Exhibit8.pdf 07-01549 Exhibit9.pdf 07-01549 Exhibitl0.pdf 07-01549 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0029 Chair Sanchez: And we go to RE.5. Ola Aluko (Director, Capital Improvements): RE.5 is to authorize the City Manager to execute and issue a supplement and work order for the comprehensive design of the Little Haiti Park City ofMiami Page 86 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 cultural campus to our consultant, Zyscovich, Incorporated -- they are the lead consultant of this project -- in the amount not to exceed $164, 000. These funds are to compensate the architect for work authorized but not previously funded Staff has reviewed this, and we believe the consultant is due this money, and therefore, we came to this agreement. Chair Sanchez: All right, that is RE. 5. It's a resolution. Is there a motion? Vice Chair Spence -Jones: Second. Chair Sanchez: Need a maker of the motion for somebody to -- Vice Chair Spence -Jones: Move, move, move, move, move. I move it. Chair Sanchez: All right. There's a motion by Vice Chair Spence -Jones. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Before we open it up for discussion, it's a resolution requiring a public hearing. Is there anyone here wishing to address this item? Seeing none, hearing none, the public hearing is closed; coming back to the Commission for a discussion. Vice Chair, you're recognized. Vice Chair Spence -Jones: Well, I want to see if there's any other comments, since I was -- I'd like to close out on the comments. Commissioner Regalado: I have a comment. Chair Sanchez: Okay, Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman and Vice Chair. I've been told that this is for public hearing, which is great because the public needs to participate. However, this is not because we wanted to be more active in the community than any other government. It's just that the other public hearing didn't work, and the will of the people wasn't recognized. I remember the charrette that we had. Many, many month [sic] ago, years ago -- Mr. Aluko: I beg your forgiveness, Commissioner. This is a separate item. This is for the Little Haiti -- Commissioner Regalado: This is the Zyscovich? Mr. Aluko: -- Cultural. Commissioner Regalado: The what? Mr. Aluko: Little Haiti Cultural. Commissioner Regalado: Oh, oh, oh, okay. I'm thinking -- Mr. Aluko: Museum Park. Commissioner Regalado: -- the Museum Park. Okay. I don't have a problem with the museum - - I mean -- Vice Chair Spence -Jones: Little Haiti Park. City ofMiami Page 87 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: -- with Little Haiti Park. Chair Sanchez: Okay. Commissioner Regalado: My mistake. Vice Chair Spence -Jones: Any other -- are there any other comments before I close? Any comments? First of all, one of the things I do want to say -- of course, you know, I -- Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. Is your mike on? Vice Chair Spence -Jones: Yes, it is. It's on. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Okay. I want to commend the CIP (Capital Improvements Project) staff and the Park staff -- I don't know where Ernest -- he was here for -- a minute ago. He just walked out -- for really, really supporting and making sure that the community stays informed with what's going on with Little Haiti Park. Every month for the last seven months, at least, we've been having meetings at the end of the month to make sure that the Little Haiti community stays informed with what's going on. It's a major -- probably one of the largest investments that the City's doing or any investment that's actually happening in Little Haiti, so I'm just thankful to know that through the Manager's office and through your office, and everybody that's been working on this, the community at least feels as though they're informed and engaged in the process. The other thing that wanted to also mention is I think that when we're talking about major projects like this, where we're spending major dollars in areas, I think that from the time that we decide or it's voted on or approved or a budget is put together, we need to consider the project beyond it being built, meaning we never really look at the operations of a lot of these projects until we're actually in the middle of it, and then we're trying to figure out how to do we pay for it or what are we going to do. I just want to make sure that put this on the record. I know that we're budgeted this year going into Little Haiti Park to handle the operations part of it, butl think that as we move ahead in the future, we really need to start thinking about both because it's really important, because you don't want to create something that we can't either maintain or operate, so I wanted to make sure that that was also put on there. I think that when you talk about major parks that we have in our districts, I think the three of us have this coming online, which is Commissioner Sanchez with Jose Marti, and Commissioner Gonzalez with Grapeland, probably people will come from all over to your water theme park, that we also look at key things that must happen in order to market the parks to get people to actually come there and be a part of what's going on there, andl think a lot of times we create these things and we don't have the actual resources to make sure people know that they exist, so I just -- I don't want us to put -- make a $30 million investment in something that does not really have the kind of support it needs in order for it to survive, and last but not least, I know that there was some concerns in the past about, you know, what was actually allocated and then what's -- now what we're looking at now from a cost standpoint. I don't know what happened actually before I got here two years ago. I do know that there were issues in all of our areas or in all of our parks regarding these projects. There were numbers that were put there that were not actual numbers, so I'm just hoping, as we move ahead -- and Ola, you have been outstanding, your whole team has been outstanding, and know that the level of professionalism that we're going to see from you and your team that we won't run into the same issues again where we're coming back with change orders and all of those things, butt just thought it was important for those that are watching to understand how committed we are to make sure these things don't happen again so we're not constantly seeing this on the record, but I want to at least commend you and your team on a job well done, and we love Little Haiti Park. Mr. Aluko: Thank you, Commissioner. City ofMiami Page 88 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right. The item under discussion and soon to be voted on is RE.5. It's a resolution. There are no amendments to it. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.6 07-01550 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT WITH Improvements SPILLIS CANDELA AND PARTNERS D/B/A SPILLIS CANDELA DMJM Program ("SPILLIS"), TO PERFORM ADDITIONAL COMPREHENSIVE ARCHITECTURAL AND ENGINEERING SERVICES, FOR THE COLLEGE OF POLICING PROJECT, B-72910 ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $396,146.40, FOR ADDITIONAL FULL TIME CONSTRUCTION MANAGEMENT, AN AMOUNT NOT TO EXCEED $28,750, FOR ADDITIONAL THRESHOLD INSPECTION SERVICES, AND AN AMOUNT NOT TO EXCEED $27,200, AS AN OWNER CONTINGENCY, FOR A COMBINED TOTAL OF $452,096.40, INCREASING THE PROFESSIONAL SERVICES AGREEMENT FROM $2,286,998 TO AN AMOUNT NOT TO EXCEED $2,739,094.40; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $452,096.40, FROM PROJECT B-72910 CONSISTING OF VARIOUS FUNDING SOURCES, INCLUDING CAPITAL FUNDS AND OTHER SOURCES AS MAY BECOME AVAILABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 07-01550 Legislation.pdf 07-01550 Exhibitl.pdf 07-01550 Exhibit2.pdf 07-01550 Exhibit3.pdf 07-01550 Exhibit4.pdf 07-01550 Exhibit5.pdf 07-01550 Exhibit6.pdf 07-01550 Exhibit7.pdf 07-01550 Exhibit8.pdf 07-01550 Exhibit9.pdf 07-01550 Summary Form.pdf 07-01550 Text File Report.pdf 07-01550 Master Report.pdf 07-01550 Amendment.pdf 07-01550 Corporate Resolution.pdf 07-01550 Text File Report2.pdf 07-01550 Professional Services Agreement.pdf 07-01550 Authorization Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0030 City ofMiami Page 89 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Capital Improvements Programs. You're recognized, executive [sic] director. Ola O. Aluko (Director, Capital Improvements Program): Thank you, Commission--Mr.Chair. This amendment will increase the agreement value by $452, 096 from $2.2 million and change to $2.7 million and $39, 000. The negotiated amount consists of an increase in the value of construction administration by $3,960, 000 from 439 to $835, 000 for the addition of a full-time construction administration, plus $28, 000 for threshold inspections. Mr. Chair, originally, when this contract was let out to -- solicited rather to Spillis Candela, they were given limited construction administration services. Now that this $37 million project is about to break ground, we feel that the services of this architect needs to be full time. Therefore, we're amending the contract to such where they will be on the job site on a daily basis, if not the resident on the job site, as opposed to the one or twice a day that the original contract had said, so by virtue, we were asking that we extend another $452, 000 to this architect so he can be -- so they can perform construction administration duties on a daily basis on the police college. Chair Sanchez: All right. Is there a motion and a second? Is there a motion and a second to deny? Commissioner Gonzalez: I'll move it. I'll move the item. Chair Sanchez: Okay, there's a motion by Commissioner Gonzalez. Is there a second for the purpose of discussion? Commissioner Sarnoff Second. Chair Sanchez: Second has been proffered by Commissioner Sarnoff for the purpose of discussion. Before we open it up for discussion, it is a resolution requiring a public hearing. Anyone from the public wishing to address this item, please identify yourself or come up to speak on the podium. Seeing none, hearing none, the public hearing is closed, and it comes back to the Commission for discussion. Commissioner Sarnoff, you're recognized for discussion. Commissioner Sarnoff Ola, this amount of money, this $452, 000, was anticipated previously for what's called a more horizontal construction? Mr. Aluko: Not necessarily horizontal. It was anticipated for a vertical construction inspection consultant, our CEO (Chief Executive Officer) consultants. As I mentioned during our briefing, we feel that the design architect will know the flaws or will be able to resolve the flaws of the police college much quicker and faster and efficient than a new vertical consultant who has no knowledge of the project. Commissioner Sarnoff Was this budgeted already, this amount of money? Mr. Aluko: That's correct. This amount would have been spent as part of the inspection services on the project. Commissioner Sarnoff Okay. Chair Sanchez: All right, so I think that the question you want to (UNINTELLIGIBLE) -- is this additional cost to the project? No? Mr. Aluko: No, no. It's additional -- we're transferring the funds to a different consultant. Chair Sanchez: Okay. The item is under discussion. Any further discussion from the Commissioners? Hearing none, it is a resolution. City ofMiami Page 90 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: One question. Chair Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: In terms of the construction, if -- should that be -- should that go over budget in terms of the construction, the School Board will be responsible. Mr. Aluko: We have written in our contract whereby if there is a change order driven by the School Board, the School Board will be solely responsible for that change order. If there is a change order driven by the City, the City will be responsible for that particular change order. If it's a joint change order, i.e., unforeseen, then we will share the cost. Commissioner Regalado: Yeah, but if there is a change order from the School Board, it will impact the City. If there is a change order from the City, it will impact the School Board because it will be -- if the School Board wants to add two more classrooms, then you have to eliminate. Mr. Aluko: If the School Board wants to add two more classrooms, whatever the cost of those classrooms are or is, rather, they will have to pay for that cost. It will not impact the City. Commissioner Regalado: But it's within -- it's self-contained building. It's one building, right? Mr. Aluko: That's correct. Commissioner Regalado: So one change from one side will impact the other because it's one building. Mr. Aluko: Well, when you say "impact, " are you saying financially, time wise? Commissioner Regalado: Financially, time wise; in terms of planning, architecture. I mean, if you want to add two floors -- Mr. Aluko: No. Again, Commissioner, whatever change that's driven by this -- by the School Board, whatever that total cost is will be borne by the School Board because that's what the School Board wants, so if the cost means that we are paying extra for the contractor to extend its time another month or two because of those two classrooms, that cost will be borne by the School Board. Commissioner Regalado: Even the cost of -- that the City ofMiami will incur. Mr. Aluko: That's correct. That will -- all of that is -- will be part of the change order. It will be analyzed as part of the change order, and that will be presented as a single document and borne by the driven party. That's why we'll be very careful as to whatever changes we want on this particular project since we have a joint ownership. Commissioner Regalado: How many buildings have the School Board built with -- in partnership with the cities or the County? Mr. Aluko: I'm sorry, I cannot answer that. I can -- Thank you, Gary. My assistant director is telling me that three projects that we know of that the School Board has built with the City. Commissioner Regalado: With the City ofMiami? Chair Sanchez: No. Mr. Aluko: With the -- I'll ask Gary. City ofMiami Page 91 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.7 07-01552 Department of Capital Improvements Program Gary Fabrikant: Gary Fabrikant, Department of Capital Improvements. The School Board has entered into joint agreements with a number of municipalities within Dade County for a similar type of structure. They have done it three times, that we know of including Bay Harbor Islands and in North Miami, to joint -- to build joint buildings. Commissioner Regalado: Okay. Mr. Aluko: Does that address your concerns? Commissioner Regalado: Okay. Mr. Aluko: Thank you. Chair Sanchez: All right. Any further discussion on the item? We are on RE. 6. It's a resolution. No further discussion on the item. We're prepared to vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("CRA"), FOR CAPITAL IMPROVEMENT PROJECT NO. B-50658, THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT; ACCEPTING THE CONTRIBUTION OF FUNDS BY THE CRA, IN THE AMOUNT NOT TO EXCEED $5,000,000. 07-01552 Legislation.pdf 07-01552 Exhibitl.pdf 07-01552 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair 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-08-0031 Chair Sanchez: RE.7, it's a resolution coming from the same department, so you might as well stay up there. Ola O. Aluko (Director, Capital Improvements Program): Yes, Mr. Chair. This resolution is authorizing the City Manager to enter into an agreement with the Omni CRA (Community Redevelopment Agency), who wishes to fund the North Bayshore Drive Improvements project along North Bayshore Drive, between Northeast 17th Terrace and Northeast 19th Street and 18th Streets [sic]. They are extending $5 million for this project, and we, the City, will be responsible for the management and the administration of the project. Chair Sanchez: All right. Is there a motion? Mr. Aluko: Mr. Chair, I would just like to make a minor correction on the floor. Within the resolution, we do have a provision for indemnification. We've just been recently told by the attorneys that the Omni CRA does not have to indemnify the City, so we will strike that part out City ofMiami Page 92 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 of the resolution. Chair Sanchez: That's the only modification to it? Mr. Aluko: That is -- and in the -- within the description, we inadvertently left out the word "drainage, " and the CRA insists that we put drainage. Of course that's part of the project, so drainage is included as part of the project. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Sarnoff. Commissioner Regalado: Second. Chair Sanchez: Second by the Chair [sic]. Commissioner Regalado: Just a comment. Chair Sanchez: Comment or discussion? Commissioner Regalado: Get it fast. Chair Sanchez: Excuse me? Commissioner Regalado: Get those $5 million fast. Chair Sanchez: All right. Commissioner Sarnoff Good point. Chair Sanchez: All right. Before we vote, it requires a public hearing. Anyone in opposition to this item? Anyone who wants to address the Commission, the public hearing is open. Seeing no one, the public hearing is closed; coming back to the Commission for a vote. We are voting on RE.7, which is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "nay." Hearing none, it passes, 5/0, Madam Clerk. Priscilla A. Thompson (City Clerk): As modified. Chair Sanchez: As amended -- Mr. Aluko: Thank you. Chair Sanchez: -- by the executive [sic] director and the Administration. RE.8 07-01553 RESOLUTION City ofMiami Page 93 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE CITY OF Capital MIAMI ("CITY") FEES ASSOCIATED WITH AN ORANGE BOWL STADIUM Improvements MEMORABILIA KICKOFF EVENT, ORANGE BOWL STADIUM SALE Program EXTRAVAGANZA AND AUCTION TO BE CONDUCTED BY DREAM PRODUCTS, INC., D/B/A MOUNTED MEMORIES ("MOUNTED MEMORIES"), AT THE ORANGE BOWL STADIUM, DURING THE MONTHS OF JANUARY AND FEBRUARY, 2008, IN ACCORDANCE WITH THE HISTORIC/MEMORABILIA ASSET DISPOSITION SERVICES AGREEMENT BETWEEN THE CITY AND MOUNTED MEMORIES. 07-01553 Legislation.pdf 07-01553 Summary Form.pdf WITHDRAWN Chair Sanchez: We are on E -- RE.8. RE.8 is a resolution from the Department of Capital Improvement Programs. Sir, you're recognized for the record. I told you to stay there. Ola O. Aluko (Director, Capital Improvements Program): Thank you, Mr. Chair. RE.8. This is waiving the City of Miami's fees associated with an Orange Bowl Stadium memorabilia kickoff event, Orange Bowl Stadium sales extravaganza and auction to be held during the months of January and February of the Orange Bowl Stadium. Typically, the City has a fee to use the stadium. However, we're asking that this fee be waived. Chair Sanchez: All right, and of course, that's being recommended by the Administration and the City Manager? Pedro G. Hernandez (City Manager): Yes, Mr. Chairman, because in essence, this is an event that is as a result of our contract with Mounted Memories to promote the selling of memorabilia at the Orange Bowl, so it's something that is as a result of our contracting. Chair Sanchez: All right. At least it wasn't on a pocket item. All right, is there a motion? Commissioner Sarnoff Motion for discussion. Chair Sanchez: Motion -- there's been a motion by Commissioner Sarnoff. Need second for the purpose of discussion. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado for the purpose of discussion. Before we discuss it, is there anyone from the public wishing to address this item? Well, I don't see a lot of fans going out, you know, wanting to buy memorabilia, at least not here. Mr. Aluko: Not yet. Chair Sanchez: All right. The public hearing is closed; coming back to the Commission. Commissioner Sarnoff, you're recognized for discussion. Commissioner Sarnoff Mr. Chair -- Mr. Manager, we're asking to waive our fees commensurate with the use of the stadium, but it's my understanding that there's going to be charged a $20 admission fee to go in there and actually bid on the memorabilia. It seems inconsistent with our purposes for allowing citizens to go in there and bid that they be charged a $20 fee. I'm not amenable to waiving the fee to this contractor so he can then charge a fee to our citizens. Commissioner Regalado: Is there a fee that the people have to pay to --? City ofMiami Page 94 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Hernandez: Normally, they do, andl want to ask Lori to see if she can address the issue of normally what that fee would be, what is the extent of what we could be waiving through this item. Laura Billberry (Director): Lori Billberry, Public Facilities. We're requesting all fees be waived. That includes, you know, the Police, Fire, the use fee; any event personnel. We're still, right now, working on gathering those fees. The fee for the use of the stadium itself is $5, 000 or 10 percent of the gross sales from the tickets. Police and Fire -- I would be guesstimating right now -- is probably going to be in the area of about $30,000. Event personnel is probably only about 1,200, $1, 500. Yes, as part of it, they are incurring additional costs associated with the overall event, as far as advertising, getting the players to come; doing other items. I'm sorry, I don't have the whole list in front of me from -- but they did submit in their initial proposal all the various costs that they were going to occur and this is to offset it. We will be making 70 percent of the net revenue, and they would be making 30 percent of the net revenue. Commissioner Sarnoff But said more simply, they're charging $20 a ticket. Ms. Billberry: Yes, they are. Commissioner Sarnoff So you're asking us to waive the fees for our Police, our Fire, our personnel, our air conditioning, and you're charging citizens $20 to go to the game? Ms. Billberry: That's because the overall cost to put on this event is much greater, but it's up to the Commission. We are only getting a percent of net, so it's going to hit us one way or the other. Commissioner Regalado: Well, City ofMiami residents, which, by the way, own the Orange Bowl, should have a different treatment than anyone coming from Aventura or Broward, because this event is going to draw people from all over, so City ofMiami residents get stuck with the same bill, and they own the Orange Bowl; they going to give away part of the Orange Bowl to build a stadium and they don't get nothing? And they will have to -- if they want to bid, they have to pay similar? Chair Sanchez: I'd like to offer afriendly amendment to this, ifI may. How 'bout [sic] City residents that clearly identify themselves with a valid driver's license -- Commissioner Sarnoff Right. Chair Sanchez: -- having their $20 waived? I don't care if you charge somebody coming in from California who wants to buy a toilet. Commissioner Regalado: Of course. Chair Sanchez: I don't care; let them pay for it. Commissioner Regalado: Of course, and -- Chair Sanchez: If you're traveling from Cali -- Commissioner Regalado: And the point is, Mr. Chairman, is exactly what the Children's Museum does. You show your driver's license or your Golden Pass, if you are a senior citizen that has your address, you are identified as a resident of the City ofMiami -- mind you, you need people that do know the boundaries of the City ofMiami -- Ms. Billberry: Respectfully -- City ofMiami Page 95 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: -- and they just come in free. That's all that there is to it, and no one can challenge this. No one can challenge this because the Children [sic] Museum has been doing this, like forever, so to me, I think that the residents of the City ofMiami do deserve -- even if they are not going to bid, just to have the possibility of going into the Orange Bowl. Ms. Billberry: IfI may. Respectfully, the tickets have already gone on sale. The organization has been moving forward. I do not know what their agreement is with Ticketmaster to know whether or not that's even physically possible at this point. If the Commission is concerned about waiving all these fees, then I would ask maybe if we could at least waive those things that are not an actual cost to the City, such as the use fee, and you know, something -- not waive the Police and Fire fees, but waive maybe anything that's not a true cost to the City? Chair Sanchez: Why don't we do something? Ms. Billberry: The City is ultimately -- Chair Sanchez: All right. Listen -- Ms. Billberry: -- still benefiting -- Chair Sanchez: -- let's try to -- Ms. Billberry: -- from these revenues. Chair Sanchez: -- let's do something. Let's table this item; we'll take it up later on. Unidentified Speaker: Can we? Chair Sanchez: We'll bring it back. Let's move. Ms. Billberry: Later day. Chair Sanchez: All right, that -- Madam Clerk, for the record, we're going to table the item and we'll bring it back, but -- Priscilla A. Thompson (City Clerk): Yes. Chair Sanchez: -- we're going to move on. [Later...] Chair Sanchez: All right, let's go ahead and take up RE 8. RE.8 is the Orange Bowl Stadium Memorabilia. The only issue there was we didn't want to charge the City residents $20 to go in the stadium to buy stuff. Has that been resolved? Mr. Hernandez: No. As a matter of fact, my proposal will be to withdraw the item. Chair Sanchez: To withdraw the item? Mr. Hernandez: Right, because actually, tickets have already been sold -- Chair Sanchez: All right. The item -- Mr. Hernandez: -- so there's no -- City ofMiami Page 96 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.9 07-01554 Liberty City Community Revitalization Trust RE.10 07-01344 Office of the City Attorney Chair Sanchez: -- has been withdraw [sic] by the Administration. Mr. Hernandez: -- proper action. Chair Sanchez: Any other matter, Madam Clerk? Ms. Thompson: No, sir. Chair Sanchez: All right. The proper motion is a motion to adjourn. Motion has been proffered by the Vice Chair. Is there a second? Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right. The meeting has been adjourned. Ladies and gentlemen, thank you so much. Thank you for your cooperation. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUSTS ("TRUST'S") FIVE PERCENT SALARY INCREASE FOR ELAINE BLACK, PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST EFFECTIVE IMMEDIATELY, WITH OTHER TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON BY THE TRUST. 07-01554 Legislation.pdf 07-01554 Summary Form.pdf 07-01554 Resolution.pdf DEFERRED Note for the Record: Item RE.9 was deferred to the City Commission meeting currently scheduled for January 24, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LYLLIAM Y. GARCIA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $43, 660 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF LYLLIAM Y. GARCIA VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 06-19648 CA (24), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. City ofMiami Page 97 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01344 Legislation.pdf 07-01344 Cover Memo.pdf 07-01344 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: RE.9. RE. 9 has been continued. We go to RE.10. RE.10 comes from the Office of the City Attorney. It is a settlement, and it's a resolution. Do we have the attorney here? Jorge L. Fernandez (City Attorney): Yes. No. Mr. Chairman, Commissioners, this item has been put on the agenda twice. The first time it was continued because there were issues that Commissioner Sarnoff raised, and we addressed with him. Second time it was continued because of your agenda being overly crowded. It is a settlement that we in good faith have entered with a plaintiff, subject to the City Commission approval. In discussing this item with you several weeks ago when we first presented it and even today, it is my opinion that this settlement would be in the best interest of the City. However, that is not to say that the City Attorney's Office is not very capable of litigating and, perhaps, trying to achieve better results than those which the settlement sets forth. The bottom line of the summary of what can give you is that the medicals alone in this case exceed the settlement purposes or the settlement amount that's in question, and for that reason, we believe that it may be -- you know, it may be a good settlement. I certainly will follow whatever direction the City Commission gives me, whether you want to accept it as a proposed settlement or whether you instruct us to further litigate the case. Commissioner Sarnoff I'd like to make a motion to deny the settlement. Chair Sanchez: All right. There's a motion to deny the settlement. The motion has been made by Commissioner Sarnoff. Is there a second? All right, there is no second. Is there a motion to approve the settlement? You got to either vote it up or vote it down; you can't vote it sideways. All right, is there a motion to approve the settlement? Commissioner Gonzalez: I'll move it for discussion. Chair Sanchez: All right. There's a motion to approve the settlement. Need a second for the purpose of discussion. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado for the purpose of discussion. Ladies and gentlemen, we are discussing RE.10, which is a settlement. All right. Before we open it up for discussion, is there anyone from the public wishing to address this item? Hearing none, seeing none, the public hearing is closed; coming back to the Commission. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: Mr. City Attorney, what -- Mr. Fernandez: Yes, sir. Commissioner Gonzalez: -- you say that the City is ready to litigate -- Mr. Fernandez: Yes. Commissioner Gonzalez: -- this case in court -- Mr. Fernandez: Yes. City ofMiami Page 98 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Gonzalez: -- and in court, you never know how the case is going to come about. Mr. Fernandez: Correct. Commissioner Gonzalez: You may win or you may lose. Mr. Fernandez: Correct. Commissioner Gonzalez: If you lose, what could be the exposure of the City? Because if the medical bills are -- if only the medical bills are more than the settlement, I think this portion is going to be quite high. Mr. Fernandez: Yeah, and we take into consideration not only the medical testimony and the medical bill, but we also take into consideration the individual and the sympathy factor to the jury and the -- you know, all of the other elements which are really very difficult to assess in a moment here. The exposure in this case, the maximum exposure that the City would have under statute would be $100,000. We very aggressively defend cases. In the last two or three months, we have had some defense verdicts in favor of the City, and so this is really something that when we look at the cumulative evidence that we have, not only the medical, but all of the facts around it, the deposition testimony, the notice that we had of the defect and all the conditions, we believe that while it is a little bit higher, frankly, than we would like. The vast majority of settlements that bring to you are in the 20 --10 to $20, 000 range. This exceeds it, and this is almost 50 cents on the dollar, if you will, and typically, we'd like to keep it much below that for economic reasons and the like. We have consulted not only with Risk Management and our adjusting firm, Gallagher Bassett, but we also have the department in question very much understanding the nature of our recommendation. I understand Commissioner Sarnoffs concern. I discussed this case with him on several occasion [sic], and we do not mind litigating it if it is the direction we get from the Board, but I must, in good conscience, relay to you again that I wouldn't be bringing it ifI didn't believe that it was in the best interest of the City at this time in this case to settle. Chair Sanchez: All right. Any further discussion on the item? Any questions anyone may have to the City Attorney? If not -- Commissioner Regalado: One -- Chair Sanchez: Mr. Regalado, you're recognized. Commissioner Regalado: I just would like to understand, from an attorney's point of view, what is the problem with this? Commissioner Sarnoff From my perspective? Commissioner Regalado: Right. Commissioner Sarnoff I don't believe this woman has as good a liability case as I think the City Attorney thinks that she has. I happen to believe that suing the City ofMiami, people begin to understand you're essentially taking money from the taxpayers, and they are a taxpayer. Many times you hear FP&L (Florida Power & Light) in their opening statement saying we all have light bills. This all comes from our taxes. I think we need a new attitude here in the City of Miami. I think we need a more directed attitude to litigate cases. There has been a historical basis for years with this City that we settle, and we settle for 65 and 70 and sometimes 75 cents on the dollar. I happen to believe good cases go away for 25 and 30 cents on the dollar. This is just a tad bit too high. I don't think this woman is going to prove her case. I think there's going City ofMiami Page 99 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 to be a defense verdict, and if I'm wrong, I am $47,000 wrong, and if I'm right, I'm $43,000 right. It'll never get more. It'll never be less. These are the kind of cases lawyers should take to trial. Commissioner Regalado: Okay. Chair Sanchez: All right. Commissioner Regalado: It sounds -- Commissioner Gonzalez: All right. I'll withdraw my motion. Chair Sanchez: So you withdraw the motion. Okay. Then the proper motion -- there is no motion on the table. Commissioner Sarnoff I'll make a motion to deny -- Commissioner Gonzalez: But one thing that I would like is -- Commissioner Sarnoff -- the settlement. Commissioner Gonzalez: -- to have the -- whenever this goes to court, the end result. Mr. Fernandez: Of course. Commissioner Sarnoff Well, and he may prove to be right, but like I said, if he is right, we at least have a cap on his rightness. Commissioner Gonzalez: All right. Mr. Fernandez: Actually, Commissioner Sarnoff andl have discussed not only this case in particular, but the issue that he raised with regard to a philosophy and an attitude with regard to defending the City in these types of lawsuits, andl concur with him. I think that there is room for improvement on our part. I think that the City historically perhaps has not been as aggressive and as direct as it should, and you know, in my conversations with him, we have been very open and forthright about that. Notwithstanding that, you know, I need to present cases to you, andl need to process things -- Commissioner Gonzalez: Yeah, but let me tell you. The City have to be more proactive also in trying to avoid their liabilities, because I'm going to give you an example. I'm going to give you a couple of examples. Right on Commissioner Regalado's district, right on 7th Street between 33rdAvenue and 34th Avenue, in front of (UNINTELLIGIBLE) Pharmacy, the sidewalk was broken for more than three years. Commissioner Regalado: Yeah. Commissioner Gonzalez: It took -- I don't know how many mails you sent; probably 10, 20. I sent a whole bunch of e-mails (electronic) to get that sidewalk fixed, and it took six months to get that -- I don't know how many people -- old people that were going to that drugstore fell on that sidewalk. Right now we're doing a CIP (Capital Improvements Program) project on 35th Avenue, in between 7th Street and 11 th Street. I was walking the project two days ago in the morning. They mark the sidewalks that they were going to repair. One of the neighbors came to me and showed me two squares of sidewalk that were damaged, that were cracked, and one that was totally out of level, okay? And the contractor decided that he was not going to replace those two squares. Now, I don't know how much that concrete five by five can cost, but I don't think it City ofMiami Page 100 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 could cost more than $200, okay? And if one of those neighbors trips and falls and break a leg or break an arm or break their face, then they're going to sue us for 30, 40, $50, 000, and in that case, you know what? I'm sorry that it is taxpayers' money, but we need to make sure that we do what we need to do, especially when we're working on a project that we're trying to fix sidewalks and the street, let's do the right work. Let's not try to save $10 to spend 100 afterwards, you know, so I don't know anything about this case. I don't know, you know, what -- you know, I know it was a trip and fall, andl don't want to talk about it because if you're going to go to Court, I don't want to make any comments in reference to this specific case, but I'm giving you some scenarios of what's going on out there. Chair Sanchez: All right. Commissioner Regalado: On the (UNINTELLIGIBLE) sidewalk, that I know, the City had to settle at least three cases because of my e-mails and memos -- Commissioner Gonzalez: You see. Commissioner Regalado: -- because they made public record requests, and the attorney for the plaintiff sees that for seven, eight, nine month I've been saying, people are falling there. This is the address. People fell. You know, another person fell this weekend. We need to do this, and when they make the public record request to go to trial -- Commissioner Gonzalez: Yeah, and that -- Commissioner Regalado: -- the City is facing -- Commissioner Gonzalez: -- andl did that -- the same thing because I happen to go to that pharmacy every week. That's where I used to buy my mother's medicines while she was alive, and you know, they kept complaining to me over and over and over and over, so -- Chair Sanchez: All right, so there was a motion to approve. That motion was refracted by the maker of the motion -- withdrawn by the maker of the motion. There was therefore no motion on the table. Commissioner Gonzalez: There was a motion to deny. Chair Sanchez: Then Commissioner Sarnoff made a motion to deny it, andl need a second. Commissioner Gonzalez: Second. Chair Sanchez: That motion has a second by Commissioner Gonzalez. All right. It is under discussion. Do I have to open up a public hearing again? No. No, I do not. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same rights, say "nay." Motion to deny has been approved, 5/0. That was RE.10. Commissioner Gonzalez: 10. RE.11 07-01416 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ACCEPTANCE OF SETTLEMENT FUNDS, IN THE AMOUNT OF $112,500, FROM THE CASE OF RIC-MAN INTERNATIONAL, INC., VS. THE CITY OF City ofMiami Page 101 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 RE.12 08-00013 Department of Planning MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-13051 CA (13). 07-01416 Legislation.pdf 07-01416 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We go to RE.11. RE.11 is a resolution; also presented by the City Attorney, and it's also a settlement. Jorge L. Fernandez (City Attorney): Yes. Commissioner Sarnoff Can I -- Excuse me, before you bring it up, because I just want to do a motion to continue because we have not discussed this case, andl don't know enough facts about this case; so I think everybody sort of looks to me, and I don't know this case, so I don't want to make any representations to you about this case. Ifyou just allow me to sit with the City Attorney again, I'll be more than glad to go over this, andl will, of course, be the maker of the motion, but I don't know enough about it -- Chair Sanchez: I always -- Commissioner Sarnoff -- so I'll make a motion -- Chair Sanchez: -- entertain a motion to continue. Commissioner Sarnoff -- continue. Commissioner Gonzalez: Second the motion to continue. Chair Sanchez: All right, there's a motion to continue to the next regular Commission meeting. The motion has been proffered by Commissioner Sarnoff, second by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0, to be continued. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNT OF THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, AS PREVIOUSLY AMENDED (COLLECTIVELY, THE "AMENDED AGREEMENT) WITH COOPER ROBERTSON AND PARTNERS LLP ("PROVIDER"), FOR ADDITIONAL SERVICES REQUIRED FOR THE MASTER PLANNING OF THE MUSEUM PARK PROJECT (THE PLANNING PROJECT), INCREASING THE AMENDED AGREEMENT FEE FOR THE PLANNING PROJECT BY ONE HUNDRED THOUSAND DOLLARS ($100,000), FROM CAPITAL IMPROVEMENT PROJECT NO. B30538; AUTHORIZING THE CITY MANAGER TO REINSTATE THE AMENDED AGREEMENT, TO CONTINUE, TO AMEND, AND TO EXECUTE A SECOND AMENDMENT TO THE City ofMiami Page 102 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 AMENDED AGREEMENT THROUGH APRIL 3, 2008, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00013 Legislation.pdf 08-00013 Exhibitl.pdf 08-00013 Summary Form.pdf 08-00013 Exhibit A.pdf 08-00013 Text File Report.pdf 08-00013 Services Agreement.pdf 08-00013 Pre Legislation.pdf 08-00013 Acceptance of Recommendation.pdf 08-00013 Master Plan.pdf 08-00013 Text File Report2.pdf 08-00013 First Amendment.pdf 08-00013 Scope of Services.pdf 08-00013 Compensation.pdf 08-00013 Composite.pdf 08-00013 Text File Report3.pdf 08-00013 Text File Report4.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Spence -Jones R-08-0033 Direction by Chair Sanchez to the City Manager to provide the City Commission with a report on Miami 21 detailing the scope of services, the amount offunds expended on the scope of services, the amount offunds expended on meetings; further, directing the City Manager to include in said report the amount offunds expended on the entire Miami 21 process, including the funds expended for public meetings on Miami 21, and to determine if the City has sufficient funds in its budget to cover these costs; further, directing the City Manager to include in said report the amount offunds approved by the City Commission for the Miami 21 team to date, the amount offunds paid to date, and the total estimated amount due to the Miami 21 team as a result of all of the additional public meetings and revisions. Direction by Commissioner Sarnoff to the City Manager to include a cost breakdown per meeting for meetings held for Miami 21 and the Museum Park project. Direction by Chair Sanchez to the City Manager to also provide the amount offunds expended for all City master plans to his original direction regarding Miami 21. Chair Sanchez: RE.12. RE.12 is a resolution and that comes to us, Department of Planning. Orlando Toledo: Orlando Toledo, senior director of Building Planning and Zoning. This is a resolution to authorize an increase in the amount of -- negotiated professional service agreement for Cooper Robertson and Partners, T,T P (Limited Liability Partnership), for additional services required for the master planning of Museum Park project for 185, 000. In addition, the services include public meetings to confirm the Parks program, valuate new engineering elements, prepare, revise design development document, cost estimates, and continue project management services as fully listed and on an amendment Exhibit A2. Chair Sanchez: All right. We need a motion, either up or down. City ofMiami Page 103 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Sarnoff Want to make a motion, for purposes of discussion, to approve. Chair Sanchez: All right. There's -- Commissioner Gonzalez: Second. Chair Sanchez: -- a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Before we open the discussion, is there anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Mr. Chair. Orlando, I apologize for directing the comments to you, but you're the person standing up there. It just seems like -- andl'm the person who has asked for additional public hearings. I'm the one that's asked for additional public work on this issue because I want to try to bridge the gap between what many in the public want and what possibly Mr. Cooper has provided, andl guess there was some faith and a hope that those services would not come to $185, 000. It just seems high. It seems like a lot of money. I have not looked at anyone's time sheets, I guess, or a bill, if you will, to look into it of any kind of magnitude. Have you looked into it? Have you assessed the fact that this appears to be a reasonable amount of money based on the time and effort spent? Ola O. Aluko (Director, Capital Improvements Program): Mr. Commissioner, I'm speaking towards the $100, 000 for the public meetings that you are referring to now. Chair Sanchez: Oh, so it's public meetings? Mr. Aluko: Yes. There are several components to this $185, 000, andl'm addressing the public meetings that you had requested back in the July 10 meeting. We have reviewed the proposal from the consultants. We find it commensurate to previous billings he has billed the City. The hours were similar hours in which he had presented in the past, and as I had mentioned to other Commissioners during the briefings, it was not just the three meetings. There was a lot of work performed in office, in Denver, in New York. There were maybe two or three additional meetings with private organizations -- well, the community, I should say, and also with staff so we do find this amicable and quantum. Commissioner Sarnoff And the reason I'm asking this is, as I become a sophomore and then, hopefully, a junior and then maybe a senior on the Commission, meaning just my years go by, and start looking at master plans; and look at architects and master planners coming to the City ofMiami, I get a feel for what it costs to do this, so what I'm understanding is that three meetings and three revisions is approximately $100, 000? Mr. Aluko: Not to exceed $100, 000. In addition to the three meetings and three revisions, there was a value engineering effort, meaning that the consultant went back to the work in which he was directed to do initially to reduce the elements of the park without losing the quality that we want. Chair Sanchez: But based on the public meetings? Mr. Aluko: Based on the public meetings -- Chair Sanchez: Oh, okay. Mr. Aluko: -- based on Administration, based on new information that was presented to the consultant through -- for the past four months. City ofMiami Page 104 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Sarnoff Is that part of the hundred or is that the 85,000? Mr. Aluko: That was -- that's the hundred. Commissioner Sarnoff Okay. What is the 85,000? Mr. Aluko: I'll yield to the -- Chair Sanchez: Okay. Mr. Aluko: -- Planning Department. Enrique Nunez (Chief of Urban Design): Good afternoon. Enrique Nunez, Department of Planning. The $85, 000 also pertains to the study of the museums in relationship to the surrounding context. It looked at a lot of the components within the park which were taken into design development, so this also entails the value engineering process and a lot of work that's been done in good faith by Cooper Robertson to this point -- to get to this point. Commissioner Sarnoff Okay. That didn't help me at all -- Mr. Nunez: Okay. I'll -- Commissioner Sarnoff -- so try different words. Mr. Nunez: Oh, let me see. Well, there -- the initial contract took this project through design development phase. Commissioner Sarnoff I understand that. Mr. Nunez: Yes, and as a result of that work, there was the need to do, you know, additional value engineering and a need to look at how the proposed museums would impact the surrounding urban context, the surrounding downtown area and other facilities, so there was additional work that was -- Commissioner Sarnoff All right. Stop right there. Mr. Nunez: Yes. Yeah. Commissioner Sarnoff So the $1, 500, 000 that they had already charged -- Mr. Nunez: No. The 1.4 essentially, which took the project through the design development phase, is the essential work that was completed. This -- Commissioner Sarnoff That work did not include how the museums and Bicentennial Park would look relating to the rest of the City's, is that --? Mr. Nunez: No, no. There was a request for -- as part of the 1.4 million, there were museum area -- architectural guidelines that were prepared. As the study of the museums came into further discussion, there were issues regarding with the ways that those museums would impact the surrounding urban context, so there was -- Commissioner Sarnoff Which was not considered in the 1.4 million? Mr. Nunez: Which was in addition to the 1.4 million, because there was a whole series of studies that led to the site planning of the museums and to -- based on the program of the museums, how City ofMiami Page 105 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 it would impact not only the park but the surrounding downtown area. There's -- Commissioner Sarnoff All right, so you're telling me for $1.4 million, the scope of work was the design of the park, the siting of the museums, but did not include how those museums and the park would look in conjunction with the rest of the City ofMiami? Mr. Nunez: No. The -- no. The design development drawings looked at the -- of taking the conceptual master plan into the design development phase, which is a substantial amount of work. Within that work there were museum architectural guidelines that were prepared. At the end of the design development phase, there was a request for additional study of the museums themselves, individually, to make sure that the massing of those museums would work in better conjunction with the surrounding downtown area and all of the improvements that have impacted that portion of the downtown. Commissioner Sarnoff Okay. Now I thinkl got you. The museums made a request to Cooper Robertson to see how they sited in the park in conjunction with the rest of the City ofMiami? Mr. Nunez: Right. Commissioner Sarnoff Wait, wait, wait. Stop right there. Is that right? Mr. Nunez: To that point. Commissioner Sarnoff When did that request occur? Mr. Nunez: That request occurred prior to commencing with the additional public meetings. Chair Sanchez: Who made that request? Commissioner Sarnoff Yes. Mr. Nunez: That request came from a previous administration. Commissioner Sarnoff But was not -- that was not part of the scope of the -- Mr. Nunez: No. Commissioner Sarnoff -- 1.4 million? Mr. Nunez: It went beyond the scope of the 1.4 because the 1.4 already included -- Commissioner Regalado: What is the previous administration? Mr. Nunez: Well, the previous City Manager. Commissioner Regalado: Okay. Mr. Nunez: Yes. Commissioner Sarnoff So the additional now 85,000 -- Mr. Nunez: Yes. Commissioner Sarnoff -- is a request that occurs from two mu -- I take it two museums made this request? Well -- City ofMiami Page 106 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Nunez: The museums and through -- Commissioner Sarnoff Through the City Manager. Mr. Nunez: -- the past City Manager -- Commissioner Sarnoff Okay, so -- Mr. Nunez: -- to additionally study the impacts of the buildings within the surround -- to the surrounding context and to view -- there were prospective studies that were even made and photographs and prospective studies that were made even from views from the bay. Commissioner Sarnoff This is the work that was done when people took photographs from a boat? Mr. Nunez: Yes. Commissioner Sarnoff This is part of the 85,000? Mr. Nunez: Yes, sir, which then revisions to the original museum area guidelines came about to assure that the new proposed museums, which are being designed by independent architects, would fall within a certain massing and to minimize the impacts on views back to the City. Commissioner Sarnoff This is -- this was the request from the Performing Arts Center -- Mr. Nunez: It was -- Commissioner Regalado: Exactly. Commissioner Sarnoff -- that -- Commissioner Regalado: Exactly. Commissioner Sarnoff -- the museums not look disproportionate from the water so that the Performing Arts Center would appear -- Mr. Nunez: Well, there's -- yeah. The requests were -- also obviously impact the Performing Arts Center and the overall park, obviously, the impacts and transitions back to the park. Commissioner Sarnoff Can I -- why wouldn't the Performing Arts Center pay for this? I know because they don't have money, but you know. Mr. Nunez: Obviously, there is -- Commissioner Regalado: Because the son of the previous manager is on the board of the Performing Arts Center; is now the chairman. Commissioner Sarnoff I don't know if that's true -- Mr. Nunez: You know, we've -- Commissioner Sarnoff -- but -- andl hear what you're saying, but nonetheless, this was a request that was made that was not part of the scope of work within that contract. What point would -- does this City Commission be aware -- should we be aware of contracts that we City ofMiami Page 107 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 approve, that we think we've made these hard decisions that we were only going to pay 1.4 million. At what point --? Don't you kind of put us between a rock and hard place? And I mean this respectfully because I want to know going forward, and I'll let you speak, Mr. City Manager, not that I'm the Chairman, but haven't you put us sort of between a rock and a hard place because we're sitting here really the budgetary people of the City ofMiami -- for the City of Miami. We believe that we've approved certain contracts. Shouldn't it be brought to our attention that we've exceeded the contract and look, we're now at an hourly rate, and the hourly rate keeps coming in and coming in? I mean, I find it very hard to say no now since they've already done the work and put the City in a horrible position. On the other hand, you know, I would have said something had the Performing Arts Center said hey, we want to look pristine and primary, I probably would have said to them, then go do your own study. Mr. Nunez: Yeah. Well, at that point -- there's always been collaborations between the City and the County at different levels, and the desire was to be able to move forward and to be able to bring this project through. Vice Chair Spence -Jones: I just have a -- Commissioner Regalado: Can I --? Vice Chair Spence -Jones: -- Yeah. Two seconds. I just want to ask a quick question, so you're saying -- just so that I'm clear -- the request originally came -- for the change, came from the City Manager, the prior City Manager? So -- Mr. Nunez: Yes. Vice Chair Spence -Jones: -- his -- there was a decision that Arriola made to -- Mr. Nunez: Yes, to study the impacts of the proposed museums on the surrounding urban contacts, the surrounding environments. Vice Chair Spence -Jones: Well, I'm sure he didn't do that by himself. Did that come from --? Was that a staff recommendation from Planning or from CIP? Mr. Nunez: No. Those were among meetings that we were not privy to. You know, with regard to, you know, the County Department of Cultural Affairs, with, you know, the City Manager, Commissioner and -- so that came forward as a request to the consultants to do this additional design analysis study from the bay and from within the park to make sure that the future museums would not impact the park and the surrounding area adversely and that work was done in good faith. Commissioner Regalado: Can I say something? Vice Chair Spence -Jones: Sure. Commissioner Regalado: Thank you, Mr. Chairman. Enrique -- Mr. Nunez: Yes. Commissioner Regalado: -- thank you for trying. I mean, I think it's much easier for you to explain the Bermuda Triangle, but you know, you are a soldier and you follow orders, and everybody in the Administration and the City Manager is going to say now, well, I inherited this -- a little mess, but this is an insult to the elected officials of the City ofMiami. It's not about you. It's about a blatant disregard for the elected officials, for the promise that they made to the people, just with someone with authority saying want to do this because I want to do it. It is an City ofMiami Page 108 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 insult to the people ofMiami to use money just to please the elite of the Performing Arts; that they don't want the museums, which we are going to pay, by the way, to look bigger or better than the Performing Arts. It is about time, and I'm warning you guys, some day the people of Miami are going to wake up and, you know, they're not going to allow the misspending of money like we're doing here now in this grandiose projects and just pandering to a group of people that think that they own the City and the world and the County. It's wrong. It is wrong, and sometimes, you know, we need to say no; and you know, I know that the line, it is, well, we have to do it because we have to finish it, but, you know, look at the Performing Arts Center. We wind up -- the City ofMiami wind up paying the white elephant, and the museums are going to be the same; and you know what? We don't even know what is going on with the museum. We don't know if -- who is going to own the museum. For all know -- and this is coming from a County Commissioner that went to my TV (Television) program and said, I am opposed to the plan that has been brought to the County because the County is trying to sell the idea to the City and to the County Commission; that the owners of the museum and everything that has to do with the museum and the surrounding area will be the domain of the Miami Art Museum Trust and not the County; that the County will not have anything to do at all with the construction or the planning or the architecture of the museum. We don't even know what's going on there, and you know, I for one -- I understand this is all about progress; that this is all about jobs, and this is all about the new face ofMiami, and we want to be like Chicago and all this, but the fact of the matter is that sometimes we need to say, you know, enough is enough, and you know, if the Performing Art [sic] wants to know how they look in regards to the museum, let them pay for it, and not charge the residents of the City of Miami. I -- hey, I -- when I say something in private, I say something -- the same thing in public. I told yesterday Ola and the Manager, I do not support this. I will not support this, butl think that more than not saying I'm not supporting, I have to say that this is an insult to the intelligence of the people that sit here to come and say, well, we want to look -- can you guys include a study, how it looks, the museum with City Hall or the rest ofMiami? It is wrong, andl hope that it will be a learning curve for -- Chair Sanchez: Let me propose something as the Chair. Let's go ahead and continue this item, andl think we're entitled to more explanation, andl am going to make a simple request, and that simple request is I want to break down the scopes of services. I want to know how much money was spent on the scopes of services, what the services -- I want to know how much was spent on the meetings. I want to know what are breakdown of the -- what they did and the scope of services because, really, I think what they want to get -- to the bottom line is how much money have we wasted from taxpayers' money? But I want to take it a step further. Not only do I want to look at this; I want the Administration -- and they could provide me the information and, basically, provide the other Commissioners the information. I want to know how much money we've spent so far on Miami 21, okay. I want to know exactly how much we spent today on the Miami 21 public meetings that we've had and we continue to have, andl think we're going to continue to have more because if we spend eighty -some thousand on three meetings, can you imagine how much money we're spending on Miami 21 when, alone, we had a hundred meetings in one quadrant? Okay, so having said that, I want to -- andl want to know if we have the funds available in the budget to pay for that? Because what this is coming to us is -- basically, you might as well just ratified [sic] it and brought it to this Commission. It's already been done. We got to pay it. Instead of bringing it as a resolution, you should have brought it as a resolution ratifying the payment, so I want to break all those numbers down, andl want additional meetings with you to find out exactly how we got to the situation that we're in based on this resolution, so we're not going to discuss it anymore. I think we have other items that are coming in front of us, so if I could have a motion to table the item -- bring it -- Mr. Hernandez: Mr. Chairman. Chair Sanchez: -- continue. I'm sorry, to continue the item and be brought back at the next regular Commission meeting. I think we will have ample opportunity to have the Commissioners meet with the Administration, meet with the department heads, and get to the bottom of all the City ofMiami Page 109 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 questions we may have. Mr. Hernandez: Mr. Chairman, ifI may. I wanted to at least inject my comments on this. Whether right or wrong -- and my reference to that is because it appears that a prior administration made some directions or provided some, I would say, orders to staff to do X, Y and Z. Irrespective of that, the work has been done by Cooper Robertson. That I can attest to, okay? What I can say is that normally, when you have a need for additional work to be done by a vendor, or consultant in this case, you should be sending a memo to the Chair, to the Mayor, to all Commissioners as to what the situation is that requires that additional expenditure and have that item before you as soon as possible. My feeling here is that Cooper did do additional work in finalizing the siting of the museums. Probably the most important thing they did to get the Museum of Science and Museum of Art to agree to those two locations as very significant They did quite a bit of work in value engineering because the park itself, the estimate for it, was increasing and it was too high for us to be able to manage it, and number three, there is no question that many, many additional meetings have been had. We still have one pending meeting to happen next week, which I don't know at this point in time whether I can get Cooper Robertson to come down, you know, for that meeting; so the consultant has done the work. There is no wasted money. I don't think that, in essence, it's their fault. They were provided a certain direction at some time and that's the aspect that I consider to be wrong, that the Commission should have been communicated at that time of the desire to do additional work, but they have done it, andl believe that they deserve to get paid; and we can provide definitely more detail as to backup on the meetings that are still happening on the site work required for both museums and for the value engineering, andl think that that has to be taken into account. We're at a point that the meeting next week is going to conclude the last series of public participation before we can then embark with your support on the design process, andl think that that -- Commissioner Sarnoff Well, can we do this; can we approve $100, 000 of the cost overrun so that you can make your payment and satisfy Cooper to some degree? Mr. Hernandez: Yes. Chair Sanchez: Well -- Commissioner Sarnoff And -- well, he's got a point. I mean, the City Manager's right, andl think the City Attorney's going to agree with this. We may not like what was done, we may not feel like we were involved in what was done, but the work was done, andl can tell you assuredly Cooper's going to get paid Your point is -- Chair Sanchez: They're going to get paid. Commissioner Sarnoff Right, but your -- well, his point is he's got a meeting next week, which is the final meeting, which I'll be the first one to make representation of this Commission, I wanted to have more meetings on this; so if you want to find fault with somebody who asked him to create more meetings, it was me, so part of that $100, 000 is -- it was my instruction, not knowing, by the way, what it would cost, but I wanted to have three more meetings. The $85, 000, I guess I'm learning somewhat, like you are as well, as we're sitting here today, but it's done. Your point is -- andl think it is, Mr. Chairman, you don't want to fall in this hole again. Chair Sanchez: No. My point is that they deserve to get paid. The taxpayers need to know what they're paying for, andl want it broken down. I want to know if they're bringing in -- not for the meetings. I mean, if they're bringing in experts from Ontario, Canada, well, I want to know how much are we paying for those experts, because every time that we bring them here -- and you're talking about having another meeting, they got to bring them down, so I want to know exactly how much is it costing us. When they come down here, they got to fly in here, they got to stay at a restaurant, they got to stay at a hotel. You know, we need to know, and every time -- what City ofMiami Page 110 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 happens here is -- I'll tell you what happens here. Decisions are made based -- without consulting the Commissioners, and you know, the safeguard is you should have put it ratified. You come to us, say hey, look, we did it. We got to pay for it. We have -- we did it; we got to pay for it. You ratify it, but here basically is, no, we're extending the scope. We're not extending the scope. Basically, we're paying more because they provided more services. Well, I want to know why. Was it --? You know, if you -- why was there a need? You know, what was their need? Why did we bring those experts to come down here to give us more information? I want it broken down, so if you come back to me and you break it down and I know exactly what it is, maybe I can feel comfortable paying it, but right now I don't have a breakdown. I hear eighty -some thousand dollars for meetings, $100, 000 for this, you know. I just want to know. I don't know. I come here and you know, I have questions. I really have questions on this item. When you explain it to me, I was like -- we sat down with our staff and when we got through it, there's just too many questions pertaining to this. Because you know what's going to happen? When it's all over, you're going to have Commissioners here blaming the Performing Arts Center. You're going to have Commissioners here blaming the previous administration. You're going to have Commissioners blaming the City Manager. You're going to have Commissioners here probably blaming other Commissioners, but that's not the issue. The issue is here, if I'm going to vote on something, I want it broken down to know exactly what I'm voting for. Because if I don't agree on an item, I'm going to tell you, you know what? I'll pay $95, 000; the rest I won't pay, and you have my vote to that number. Once you pass that number, my vote is a no, and I can't make that decision right now. That's all that I'm asking for, so I knew this was going to be the item of the day as the Chair; so respectfully, what I'm requesting is we table the item; maybe we come back at the next meeting and we agree on what you're suggesting, Commissioner Sarnoff, whether we pay that amount of money, but right now, I'm telling you, ifI have to vote on this today, I'm voting no; and think the votes aren't here to pass today, so let's just -- you know, look, I'll pass the gavel if you want me to make a motion to continue the item. Commissioner Regalado: I will -- Mr. Hernandez: Mr. Chairman, if -- Commissioner Regalado: -- second that, but I just want to ask a question to the City Attorney. Okay. The City Commission -- you've been a City Attorney -- a County Attorney, so the City Commission or the County Attorney -- or the County Commission approves a contract for a certain amount of money and a -- someone in authority decides that want to do this because I want to, not because it's an emergency about life, safety, and whatever the words are used; and the legislative body, when the Administration goes to them to say, well, this is a fait accompli, how 'bout [sic] if they don't approve it? Jorge L. Fernandez (City Attorney): They don't get paid Commissioner Gonzalez: Exactly. That was -- I was hoping that you said that. They don't get paid, so that's just -- you know, it's not their fault, but that's the way it is in the United States. If Congress -- Congress has the purse of the United States. If someone in the Pentagon decides to buy four planes and Congress did not approve that, the Boeing or whoever built the plane, does not get paid. Mr. Fernandez: Mr. Chairman -- Chair Sanchez: No. Listen -- Commissioner Sarnoff Actually, can I just say --? Chair Sanchez: -- last discussion and we're going to -- City ofMiami Page 111 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Fernandez: -- I am trained to answer questions very briefly. Chair Sanchez: Very briefly, and we're moving on on this subject -- Mr. Fernandez: Well, Commissioner Regalado -- Chair Sanchez: -- unless we're prepared to vote for it or against it. Mr. Fernandez: -- asked me a question; I answer briefly. However, in fairness to the whole doctrine in court -- or in jurisprudence, we have what we call -- Commissioner Sarnoff Quantum meruit. Mr. Fernandez: -- quantum meruit -- Commissioner Sarnoff Right. Mr. Fernandez: -- which means that if the Manager, who is the figurehead of this city, who represents the city, who interprets your policy; if he decides to authorize additional work and that work gets done, the initial answer that I gave is correct, they don't get paid. Now, they then bring us to court, and in court, in equity -- because Court sit both, you know, as in law and in equity. When they look at the equities of it and they put us through the filter of the theory of quantum meruit, I can tell you that our chances of prevailing are not very good. Chair Sanchez: Okay. Commissioner Regalado: Sure. Chair Sanchez: Well, I could tell you that this item is not going to be the only item in this year's agenda that's going to be faced with this. I guarantee it, and based on some of the recommendations that we've made here for additional public hearings and every time that we make those public hearings, it cost us money, and then we don't want to pay for 'em, but we're going to have to pay for 'em; and I'm all for public hearings to a point because you know what? It's costing the taxpayers dollars. I just want to state that for the record, so let's just make a motion. Let's continue the item. We'll bring it at the next regular Commission meeting, giving you ample opportunity to sit down with us and walk us through it. Maybe you're lucky enough to get three votes up here. I wish you luck. Mr. Hernandez: Mr. Chairman, the only point that wanted to make is that we do have that meeting scheduled for next week. IfI have to end up canceling that meeting, I'm going to continue to spend money -- Chair Sanchez: Oh, well. Mr. Hernandez: -- andl would offer or suggest that you consider the -- what Commissioner Sarnoff was trying to offer before as a compromise that would allow us to go forward and still provide the necessary scrutiny on the remaining 85,000. Commissioner Sarnoff What's going to happen is, Commissioner -- I'm sorry, Mr. Chairman. What's going to happen is many in the City ofMiami, my community, are going to see this Administration as not wanting to have that final and last public hearing on this, and they're going to see it as an excuse; or it will be possibly even written by certain newspapers -- unscrupulous as they may be. Where are they? -- that this City does not want to have its final public hearing. I would offer this suggestion to you, and that is that we approve $100, 000. I can tell you under -- I was going to pipe in and say exactly what the City Attorney had said, which is City ofMiami Page 112 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 quantum meruit. When you say not a very high likelihood, I wouldn't say we have a three percent chance with the wind blowing in our face of prevailing, and there's another concept called promissory estoppel, which is when the City Managers ask somebody to do something that you become estopped based on his promise to pay because he is in the apparent authority for the City ofMiami to make that promise. With all that being said, instead of suffering, I think what we'll -- I think the City Manager will suffer this, the wrath of many activists in my community over the cancellation of a meeting that I know they're intending on coming and attending in very large numbers at the science museum, that we at least do a hybrid approach here, and that is that we take $100, 000 -- we approve $100, 000 -- I agree with you a hundred percent. Chair Sanchez: Make the motion. Commissioner Sarnoff All right. I make a motion to approve $100, 000 with the City to provide us a complete breakdown by hours and categories as to the time and energy and monies that have been spent by Cooper Robertson in regards to anything over and above the previous $1.4 million contract. Commissioner Gonzalez: Second. Chair Sanchez: All right. There's a motion and a second. Any further discussion on the item? I don't think we want any more; we've had plenty on this item. It is a resolution. Roll call. Let's do a roll call. Priscilla A. Thompson (City Clerk): Okay. On this motion? Chair Sanchez: Yes, ma'am. Ms. Thompson: Okay. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Okay. Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes. Ms. Thompson: Then the motion -- Chair Sanchez: I always do what think is right. Ms. Thompson: -- then your -- Commissioner Sarnoff And it will be duly remembered. Ms. Thompson: -- motion's passed. Chair Sanchez: All right. There is one thing before we move on this. Mr. City Manager, I want to know -- andl want you to provide at least me -- how much money this Commission has City ofMiami Page 113 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 approved for Miami 21 's team to date, how much of the Miami 21 team has been paid to date. With all the additional public meetings and revisions, what do we think the total for Miami 21's team bill's going to be? Because you know what? We're starting to spend a lot of money on that, a lot of taxpayers' dollars, and we just -- you talk about these little changes and little public meetings, companies -- they'll love to do the meetings. I mean, they would love to have a thousand public meetings because they're going to get paid for it at the end, so at least -- based on a recommendation, I would like for you to provide me and if any of my colleagues would want all that information, I think it's in the best interest that they know all that, that you provide us with that information. Commissioner Sarnoff One amendment to that, which is -- Chair Sanchez: If you -- Commissioner Sarnoff -- and I'll do it in the form of a motion, a cost breakdown per meeting, what it costs us for each meeting, whether it's 5,000, 10,000, 1,000. What is the cost breakdown -- every time Tom Regalado and myself get up here and say let's have another community meeting, there's a financial impact, or Commissioner Gonzalez or Commissioner -- the Chairman. What's the cost breakdown of each time we open up our mouth? Mr. Hernandez: You want that for Miami 21 and -- Commissioner Sarnoff All of 'em. Mr. Hernandez: -- for also the Museum Park? Chair Sanchez: Well, it varies. I mean, yeah, okay, let's have it for both -- Mr. Hernandez: Right. Chair Sanchez: -- but it varies. I mean -- Mr. Hernandez: I'll get you information -- Chair Sanchez: -- if you bring in experts and -- Mr. Hernandez: -- for both. Chair Sanchez: -- the more experts you bring, the more they charge you. Experts -- Commissioner Sarnoff We'll -- Chair Sanchez: -- 300, $400 an hour. Commissioner Sarnoff -- also learn that hiring locally is going to be a lot less expensive than hiring internationally or nationally, and that's something we all need to learn, too, that, you know, there's a cost benefit to keeping it in South Florida. Chair Sanchez: Andl don't want to come across as being one that does not support public meetings. I support them, butl think we have a fiduciary responsibility to know exactly how much do they cost; and I'm okay with having five meetings, but not having 35 meetings, on certain items. All right. Commissioner Gonzalez: All right. City ofMiami Page 114 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: Let's move on. There's always one item on this Commission meeting would like to go and have a cup of coffee and skip, this was one of them. [Later...] Chair Sanchez: Okay. Hold on. I have two cleanup items. One -- andl believe that the City Manager has a pocket item that he wants to put out, but before we do that, let me just -- for the point of clarification, Mr. Manager, earlier in the meeting asked for an accounting of funds authorized dollar paid to date, cost of additional meetings, estimate of cost beyond what we budgeted for Miami 21. I'm going to respectfully request that if you could provide those same figures for all City master plans, all right? Mr. Hernandez: Okay. Yes. RE.13 07-01566 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS DESIRE TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE THAT IT WOULD LIKE TO CODESIGNATE NORTHWEST 59TH AVENUE FROM WEST FLAGLER STREET TO NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS "RAMON AND POLITA GRAU ALSINA AVENUE," AND THAT THE REVIEW COMMITTEE TAKE ALL ACTION NECESSARY TO BEGIN TO EFFECTUATE SUCH CODESIGNATION. 07-01566 Legislation.pdf SPONSORS: CHAIRMAN SANCHEZ COMMISSIONER DISTRICT 4 - TOMAS REGALADO Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0032 Chair Sanchez: All right, board appointments. Commissioner Gonzalez: No. You're missing one. Chair Sanchez: Which one? Priscilla A. Thompson (City Clerk): RE.13. Commissioner Gonzalez: RE.13. It's a resolution. Chair Sanchez: Oh, I'm sorry. Yes. RE.13, it's a resolution, and it's sponsored by myself and Commissioner Regalado; and it's a resolution. Mr. City Attorney, why don't you read the resolution into the record? Jorge L. Fernandez (City Attorney): Yes. The Resolution was read by title into the public record by the City Attorney. Chair Sanchez: Andl so move the item. City ofMiami Page 115 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: Second, and Mr. Chairman, just -- we need to recognize that this was brought to the County Commission by Commissioner Rebecca Sosa, that passed this resolution unanimous, asking the City ofMiami to name -- and this will be a joint project of the office of Rebecca Sosa, our office, your office, to take the costs of this street codesignation. Commissioner Gonzalez: All right. Chair Sanchez: Got to pass the gavel because I made the motion. Roll call. I mean, all in favor. Commissioner Sarnoff All in favor? The Commission (Collectively): Aye. City ofMiami Page 116 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 BOARDS AND COMMITTEES BC.1 07-01218 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-01218 memo.pdf 07-01218 members.pdf DEFERRED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Chair Sanchez: All right, boards and committee [sic]. Let's see if we could get through the boards and committee [sic] pretty quick. Let's go ahead and start with BC.1. BC.1, board and committee [sic], that is Equal Opportunity Advisory Board. I would -- I'm going to go ahead and defer all my board appointments today. Commissioner Sarnoff I'm going to defer Equal Opportunity. Chair Sanchez: Okay. Commissioner Gonzalez? Commissioner Gonzalez: I'm deferring. Chair Sanchez: Vice Chairwoman Michelle Spence -Jones? Vice Chair Spence -Jones: I am deferring also. Chair Sanchez: Okay, so there's -- will be no appointments or reappointments to BC.1. BC.2 07-01328 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Myrna Pinto Commissioner Angel Gonzalez Jorge Martinez Mayor Manuel A. Diaz City ofMiami Page 117 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01328 memo.pdf 07-01328 members.pdf 07-01328. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0040 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Myrna Pinto and Jorge Martinez as members of the Community Technology Advisory Board. Chair Sanchez: We move on to BC.2. BC. 2, it's a resolution appointing board members. Commissioner -- Vice Chair Spence -Jones? Vice Chair Spence -Jones: I'm deferring also. Chair Sanchez: Okay. That is Community Technology Advisory Board. Commissioner Gonzalez? Commissioner Gonzalez: I will appoint Myrna Pinto. Chair Sanchez: Okay. Priscilla A. Thompson (City Clerk): I'm sorry. Can you repeat that for me, please, sir? Commissioner Gonzalez: Myrna Pinto. Ms. Thompson: Pinto. Chair Sanchez: Myrna -- Commissioner Gonzalez: -- P-I-N-T-O. Chair Sanchez: -- Pinto, P I-N-T-O. Ms. Thompson: Thank you. Commissioner Gonzalez: You're welcome. Ms. Thompson: And the Mayor has proffered a name for your approval. Chair Sanchez: Could you -- Ms. Thompson: The Mayor -- Chair Sanchez: -- state the name for the record? Ms. Thompson: Yes. The Mayor has proffered the name of Jorge Martinez. Chair Sanchez: Okay. Those two names have been proffered. Is there a motion? City ofMiami Page 118 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Sarnoff So moved. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Sarnoff, second by Gonzalez. The item is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Those two individuals have been appointed to the Community Technology Advisory Board, and that action was taken on BC. 2, which is a resolution. BC.3 07-01330 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: H. Bredermier Commissioner Marc David Sarnoff 07-01330 memo.pdf 07-01330 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0041 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint H. Bredermier as a member of the Coconut Grove Business Improvement Committee. Chair Sanchez: BC.3. BC.3 is the Coconut Grove Business Improvement Community, the BIC. Commissioner Sarnoff. Commissioner Sarnoff I just would appoint H. -- reappoint H. Bredermier, andl will defer the last two. Chair Sanchez: All right. The name has been proffered. I don't believe they need any waivers on that. Commissioner Sarnoff No. City ofMiami Page 119 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Priscilla A. Thompson (City Clerk): No, sir. Chair Sanchez: All right. Can I get a second? Commissioner Gonzalez: Second. Chair Sanchez: Seconded by Commissioner Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Any in opposition, having the same right, say "nay." Motion carries. BC.4 07-01466 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Hattie Willis Vice Chair Michelle Spence -Jones Gary Reshefsky Commissioner Marc David Sarnoff Jose Solares Commissioner Marc David Sarnoff Luis Cabrera Commissioner Tomas Regalado 07-01466 memo.pdf 07-01466 members.pdf Motion by Vice Chair 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-08-0042 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Hattie Willis, Gary Reshefsky, Jose Solares, and Luis Cabrera as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Gary Reshefsky and Luis Cabrera as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chair Sanchez: We go to BC.4. BC.4 is a resolution and that is pertaining to the Homeland Defense Neighborhood Improvement Bond Program Oversight Board. I would defer. Vice Chair, would you proffer a name? Vice Chair Spence -Jones: Yes. I'd like to reappoint Ms. Hattie Willis. City ofMiami Page 120 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right, Ms. Hadley [sic] Willis has been -- Vice Chair Spence -Jones: Hattie. Chair Sanchez: -- proffered for reappointment. Commissioner Sarnoff? Commissioner Sarnoff Reappoint Gary Reshefsky and Jose Solares. Chair Sanchez: Okay. Commissioner Regalado? Commissioner Regalado: Reappointment of Luis Cabrera. He needs -- Chair Sanchez: I believe someone needs a waiver. Commissioner Regalado: -- a waiver because -- Chair Sanchez: What kind of waiver, absence? Commissioner Regalado: Yeah, because he was assigned as a lieutenant to the night shift, but now he's back to the daytime so he can attend the board meetings. Chair Sanchez: All right. There's a motion and a second with the waiver. Madam Clerk. Priscilla A. Thompson (City Clerk): We also need to include on the record that Mr. Reshefsky will also need a waiver for his absences. Chair Sanchez: All right. Does anybody have a problem on any of the waivers? No, so accept them with the waivers. There's a motion and a second with the waivers. All the names that have been proffered, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. BC.5 07-01467 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Velma Lawrence Vice Chair Michelle Spence -Jones Maria Mascarenas Commissioner Marc David Sarnoff Liliana Dones Commissioner Marc David Sarnoff Allyson Warren Commissioner Tomas Regalado Josefina Sanchez-Pando Commissioner Tomas Regalado Donna Milo Mayor Manuel A. Diaz City ofMiami Page 121 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 07-01467 memo.pdf 07-01467 members.pdf 07-01467. pdf Motion by Vice Chair 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-08-0043 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Velma Lawrence, Maria Mascarenas, Liliana Dones, Allyson Warren, Josefina Sanchez-Pando, and Donna Milo as members of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous five/fifths (5/5ths) vote of the members of the City Commission, as it relates to Allyson Warren and Josefina Sanchez-Pando as members of the Commission on the Status of Women. Chair Sanchez: And we move to the next item on the agenda, which is BC. 5. BC.5 is the Status of Women. Vice Chair? Vice Chair Spence -Jones: Yes. I'd like to appoint Ms. Velma Lawrence. Chair Sanchez: Okay. That name has been proffered. Commissioner Sarnoff? Commissioner Sarnoff Maria Mascarenas on a reappointment; Liliana Dones on a reappointment. Chair Sanchez: All right. Commissioner Regalado? Commissioner Regalado: Allyson Warren and Josefina Sanchez-Pando; both need the waiver for many years of service. Chair Sanchez: Okay. All right, and does the Mayor -- has the Mayor proffered any names? Priscilla A. Thompson (City Clerk): Yes, he has. Chair Sanchez: All right. Ms. Thompson: The Mayor has proffered Ms. -- the name of Donna Milo. Chair Sanchez: Okay, so -- All right. With waivers, you have a motion and a second with waivers. All in favor, say "aye.' The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. BC.6 07-01520 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OFF-STREET PARKING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Arthur Hertz Off -Street Parking Board City ofMiami Page 122 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Marlon Hill Off -Street Parking Board 07-01520 memo.pdf 07-01520 members.pdf Off -Street Parking Board Appointments.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0044 A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to appoint Arthur Hertz andMarlon Hill as members of the Off -Street Parking Board. Chair Sanchez: BC. 6 is a resolution that is pertaining to the Off -Street Parking Board. Nominated -- two names have been nominated, Arthur Hertz andMarlon Hill. Commissioner Sarnoff Make a motion. Chair Sanchez: There's a motion by Commissioner -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Sarnoff to reappoint -- I think both of them are reappointments? Commissioner Sarnoff Yes. Chair Sanchez: All right, there's a motion by Commissioner Sarnoff and the Vice Chair Spence -Jones. I don't think they need any kind of waivers. Priscilla A. Thompson (City Clerk): No, you don't. Chair Sanchez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. City ofMiami Page 123 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 DI.1 07-01458 DISCUSSION ITEM City Manager's Office DISCUSSION ITEM DISCUSSION CONCERNING THE ADOPTION OF THE 2008 STATE LEGISLATIVE AGENDA. 07-01458 Summary Form.pdf 07-01458 Priorities.pdf 07-01458-Submittal-CRA Grant Applications.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to provide the City's lobbying team with additional items for the 2008 State Legislative Agenda, as discussed by the City Commission at today's meeting. Chair Sanchez: Now we get to discussion items, and the item that we be -- we'll be addressing is the discussion concerning the adoption of the 208 [sic] State legislative agenda. Who'll be speaking on that item? Pedro G. Hernandez (City Manager): Mr. Chairman, I'll take the lead on the item. Chair Sanchez: Okay. Mr. Hernandez: We have -- the legislative priorities that we're offering for your support, they have been developed as a result of meetings with the Commissioners; and we would like to have, you know, your blessing of these directives so that we can probably use our lobbyist in Tallahassee. Chair Sanchez: All right. Now, this is -- you're proffering this package. Any Commissioner who sees the -- and has done any research on any item that they would like to include in that package can do so at this time. Commissioner Sarnoff I would -- Mr. Hernandez: Mr. Chairman, it's very important to know that this is a fluid document that, for example, maybe at the next Commission meetings [sic], one of you has an idea you would like us to pursue, it can always be added. Chair Sanchez: Well, I believe that some of us have ideas right now. Mr. Hernandez: Yes. Commissioner Sarnoff Right. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff I would like to -- for Iggy, if you will, to lobby on our behalf request of $10 million in order to finish the 40 percent completion of the Miami River dredging and environmental cleanup project. Mr. Hernandez: Yes. Commissioner Sarnoff That's been -- I have a January 10, 2008 correspondence I can give to you. I think maybe the Chairman even has one as well -- City ofMiami Page 124 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: I have it here. Commissioner Sarnoff -- andl would ask that he do that. In addition thereto -- so that's for my Miami River issue. In addition, I've sent this to you, but somehow it doesn't seem to be picked up. I would like to lobby on behalf of a change, and this may need a referen -- this may need to go before the voters. The judges in Dade County are only required to have five years of experience. I think what we're seeing is a lot of young judges. I think we would do much better and be better suited to have judges with a minimum qualification of ten years' experience. I would ask there be a lobbying effort on behalf -- by the City of Miami. I think you'll find it has some aspect and respect to crime and the sentences that are being administered, although, to some degree, their hands are tied; butl think we would do better suited to have judges with ten years of experience. I believe that's in the Constitution. It may require, not a legislative change, but it may require a referendum to the voters, but it's something I'd like to start the discussions about. In addition, Mr. Manager, we have a number of CBIRs (Community Budget Issue Requests) that are presently pending. Instead of putting them on the record, I could hand them to you, what the CBIRs are. Many of these -- one of them is for the Omni water sewage infrastructure. One of the CBIRs is for the -- is for Bayshore Drive that we had talked about, and one of them is for the Ward Rooming House; and one of them is for the CBIR for the fire house that we are trying to restore. What can do is provide these to you through the Clerk, if you'd like, and each CBIR is actually stated here. Chair Sanchez: All right. Anyone else that want to proffer any bills that the City should be lobbying up in Tallahassee for -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- on behalf of the City? Vice Chair Spence -Jones: Yes, Mr. Chairman. There's at least three things that I'd like to at least bring to the attention of the City Manager. I think I've already spoken with Iggy about it, but I want to just make sure that we're all on the same page with it. One of the issues -- I know a lot of the funds in the -- and support in the past has gone around tax rental -based projects, tax credit projects, and us pushing to continue to get that kind of support; but I think it's also important for us to find a way to get some sort of subsidies for home ownership, so I think that we need to look at identifying means to be able to provide that, not only for my district. I know Commissioner Sanchez would also agree that home ownership is a major priority in his district, so I think that while we push hard for tax credits -- and I know just from this past year -- or the year before last, I have at least about -- probably about 1,500 units, low income rentals that are going to be going throughout my district, but I definitely would like to have some support since the dollars are now being decreased on the federal end and on other ends for home ownership, so I would like to see us focus on that. The other thing that is also a problem, I do have some industrial business zones in my area and some of my commercial corridors. One of the biggest issues -- a lot of times for many of these small businesses within these zones is the insurance, so I'd like for us to establish within those enterprise zones to provide some sort of incentives to ensure businesses within those zones; so I don't know what we can do, Mr. Manager, to look at, you know, coming up with some sort of initiatives or something for Iggy to concentrate on to make sure that if, especially in the enterprise zones, that we provide some sort of incentives for the businesses there to address the rising cost of insurance because if not, we're going to get the businesses there and they're going to die because they can't afford to pay the insurance anyway; and then the last issue -- I mean, I want to flush it out a little bit more with Iggy, which is more based on the Code, the City Code violations and the enforcement around homestead exemption; but I will talk to him on a one-on-one and you on a one-on-one to really look at that or explore those areas, but those top three that I've discussed earlier are most important to me, so I want to make sure that they're included. Everything else Iggy has done, so I'm fine with. City ofMiami Page 125 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Hernandez: Thank you. Chair Sanchez: All right. Anyone else? Commissioner Regalado: Just a question, Mr. Chairman. Chair Sanchez: You're recognized for your question. Commissioner Regalado: Mr. Manager, do we have -- thank you -- in this agenda the tax rebate for the Marlins? Mr. Hernandez: I don't think we -- I had -- we don't have it in ours. I believe the County may have it in theirs. Commissioner Regalado: No. The County have it. They approved it. Mr. Hernandez: Right. We don't have it in ours at this point. Commissioner Regalado: I mean, is there a reason why? Mr. Hernandez: I think that we missed it. I think that if the County is willing to take it up again in Tallahassee, I think that we have to support their effort; and the idea, as I mentioned in our discussion, it's not that it's needed for the actual funding of the stadium, but rather, more for what is called "Capital X, " which, in essence, would be like a reserve account that you put monies into so whenever you have a major capital need, it can be handled or paid through that reserve account. I'll -- I need to check with the County. I've heard that they have it, but I haven't seen it. Commissioner Regalado: Yeah. I saw it. I saw that because I -- Mr. Hernandez: Right. Commissioner Regalado: -- request it. The other thing on the federal level, do we have an agenda to the federal government? Because we have not approve it, nor have we seen it. Mr. Hernandez: We have to finalize it and bring it before the City Commission. Commissioner Regalado: Okay. Today HUD (Department of Housing and Urban Development) award $25 million to the Homeless Trust ofMiami-Dade County. It's a large amount -- actually, the biggest amount ever. Last year it was 23. Today it's 25. This money is administered by the Homeless Trust ofMiami-Dade County. The question is, are we getting also money for our homeless division from the federal government or is this coming out of the federal fund? Because there have been some issues as who pay what and who pay who; if the DDA (Downtown Development Authority) was paying homeless workers and the homeless -- and now, more than ever, the Homeless Trust ofMiami-Dade County has gotten $25 million for services. Mind you, this -- and of course, construction of temporary shelter, so our department -- homeless department, is it funded by the federal government or our general fund? Roger Hernstadt (Chief of Staff): Roger Hernstadt, Assistant City Manager. The homeless program is currently funded by a combination of money from our OCED (Office of Community and Economic Development) Department, grants and general fund, combination of the three. Commissioner Regalado: Because we are supposed to get the money that we pay in the restaurants. You know, that we -- in every restaurant with 200 seats or more, we pay a tax for the homeless, but that goes to the County, right? City ofMiami Page 126 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Hernstadt: That's my understanding, Commissioner. Commissioner Regalado: And what part of that comes to us? Mr. Hernstadt: I think that's part of the grants scheme that comes back to the City. However, we can get you a written breakdown of the revenue sources supporting those programs. Commissioner Regalado: My experience at the Homeless Trust tells me that we are not getting the share that we support in terms of the restaurant, so I'm just saying the County has $25 million for the homeless issue. We pay -- we, in the City ofMiami, have hundreds of restaurant with more than 200 seats, and we are not -- there is -- there should not be a need to use general fund to support the homeless division of the City ofMiami. I am telling you, I know. I sit on this Trust every month. There's plenty money to go around, so please, in the next global agreement -- Mr. Hernandez: We'll have a homeless line item. Commissioner, you're right. I think that our goal ought to be to be able to capture some of that 25 million since we have, you know, a homeless population, probably of a more higher percentage in the City ofMiami than in other places -- Commissioner Regalado: But -- Mr. Hernandez: -- and -- Commissioner Regalado: -- of course. I mean, the 3,000, that's the -- we have our NET (Neighborhood Enhancement Team) director who sits also in the Homeless Trust, and he runs the program. I would say that in terms of direct attention to the homeless, direct attention -- and maybe David can explain, because this is important. You know, in only -- in less than a month, the City is going to take a hit -- I mean, we'll know by the 29th at night -- of property taxes. Polls say that it going to pass, but we'll wait; but what I'm saying is -- and David knows -- 3,000 or so of the population in Miami -Dade County, in the City ofMiami, 700, 800; so the County has 550 square miles, and we have 25 square miles, so the numbers don't lie; and it's $25 -- $25 million for the County -- andl know that they do an extraordinary work, that aside, building homes and all that, but come on. Why do we need money from the general fund if there is plenty of money to go around for the homeless? Chair Sanchez: All right. Mr. Hernandez: You're right, Commissioner. We'll explore it. Chair Sanchez: All right. Are you done, Commissioner? Commissioner Regalado: Yeah. Chair Sanchez: All right. Mr. City Manager, I have three items that I would like our lobbying team to focus on. Two are in keeping with our crime fighting initiative in the City. One has to do with the repeat offenders, andl think that we're seeing from all the stats that's presented to us and being more involved with crime fighting with the neighborhoods and the citizens that it's a revolving door that's really causing a lot of our problems. A lot of individuals that are out there constantly arrested are just going in and they're out in a couple of days, and they're out back on the street committing the same crimes. This bill, which is Senate Bill 552 -- I don't know who's sponsoring the bill at this time, but it relates to assault and battery on law enforcement officers and others; and the bill, what it does is it expands the definition of habitual violent felony offenders to defendants who commit assault or battery against a law enforcement officer for the purpose of sentencing. Now, you may say it's only focused on law enforcement, but it's not. It City ofMiami Page 127 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 really focuses on everyone that, you know, once you are arrested, once you've been arrested a couple -- I'm not sure the exact amount of times, but there'll be stricter sentence for those individuals. Hopefully, we could keep 'em in jail and not in our streets. The other one is a -- it's an issue that, you know, it's not a very popular issue. It's an immigration issue, and it's a Senate Bill 540, relating to felons, enforcement officer -- excuse me -- relating to felons, enforcement of federal immigration laws. In this law, basically it requires law enforcement officers to report to the Department of Homeland Security suspected illegal aliens who are arrested and committed with a felony, okay? We don't need to have our criminals imported. We got plenty here. We need to make sure that we get our prisoners, we get -- the bad people and lock them up. Coming to this country is a privilege and giving an opportunity to become a US (United States) citizen is a privilege. You have to earn that right. It's not given to you, and if those who wants to seek the American dream and want to through the process to come here and become US citizens, like my parents did, like a lot of us did, they would have to come here and respect the laws of our country. We are a nation of laws. We are a nation that respects the institution. That's what makes us such a great nation, and it's important that all those that are coming here to seek that freedom, if they are convicted of a felony, this bill, what it does is that they are reported to the US Department of Homeland Security; and then they could be put on a boat; they could be put on an airplane; and they could go back to their country. Of course, I'm not denying anybody due process. I'm sure in this bill there'll be an appeal process, but this bill, after reviewing it and getting the feedback not only from residents ofMiami-Dade and the country in itself, I think that we are for immigration, but we need to make sure that the people that come to this country abide the laws, and if they do commit a violent felony or a felony, that they should be deported. The other item that I want to support was proffered by Commissioner Sarnoff, and that is, of course, have the City support the Miami -Dade County's request for the $10 million to complete the Miami River dredging project. People don't realize the importance of the Miami River, and the quicker we get that done, it's just going to be an economic base for our city where we can rely on the port, but we could also rely on a river that historically has always been a working river and a historical river; and the potential is just there. It really is, andl think for the long haul and the future of the river, we need to make sure that we do have in place both a marine industry aspect of it, a livable aspect of it; and of course, a big supporter of the entertainment aspect of the river, so I want to make sure that we do everything within our power to make sure that we support the County in seeking those $10 million to complete the dredging project; so those are the three legislative items that looked at, and didn't want to bring five or six of them, but I selected three and, hopefully, the City will assist us in making sure that they are pushed in Tallahassee and then, hopefully, they could be pushed on a federal level, those that need to go to the federal level; so is there anything else that any of the Commissioners may want to put on our legislative package? If not, what -- we need a motion to move forward with that package. Is there a motion and second? Commissioner Sarnoff So moved as stated on the record here today. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez as to the legislative package and -- as amended, with all the recommendations that have been offered by the Commissioners. All in -- Mr. Hernandez: Mr. Chairman, I'll go ahead and make an update based on your comments and distribute the final copies to all Commissioners. Chair Sanchez: Thank you. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " It passes. City ofMiami Page 128 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ D1.1 07-01561 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC. ("BRIGADE"), A FLORIDA NOT -FOR -PROFIT; ALLOCATING SAID FUNDS FROM THE DISTRICT 1 ROLLOVER ACCOUNT NO. 001000.920921.6.930. 07-01561 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0034 Vice Chair Spence -Jones: All right, we're going to move on to Angel Gonzalez -- Commissioner Gonzalez, D1.1. Commissioner Gonzalez: Thank you. Mine is simple and fast. It's a resolution of the City of Miami Commission authorizing the allocation of funds in an amount not to exceed $5, 000 to the Bay of Pig [sic] Veterans Association, 2506Brigade, Inc., ("Brigade'), a Florida nonprofit; allocating said funds from the District 1 rollover account number 001000920921.6.930. Chair Sanchez: Second. Commissioner Gonzalez: That is my motion. Vice Chair Spence -Jones: You're Chairing. Chair Sanchez: Oh, okay. Need a second. Commissioner Regalado: Second then. I'll second. Chair Sanchez: All right. Second by -- Commissioner Gonzalez: I have a motion and you have a second. Chair Sanchez: -- Regalado, since I'm the Chair. Commissioner Gonzalez: All in favor, say "aye." Chair Sanchez: Any discussion on the item? No discussion. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 129 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: There's no opposition whatsoever. DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-01422 DISCUSSION ITEM TO DISCUSS THE UTILIZATION OF WELL LOCATED PRIVATELY OWNED VACANT LOTS FOR USE VISUALLY AS "GREEN SPACE". THERE ARE MANY PRIVATELY OWNED VACANT LOTS THROUGHOUT THE CITY. MANY VACANT LOTS ARE VERY VISIBLE BECAUSE THEY ARE ON VERY BUSY STREETS AND VERY BUSY AVENUES. MANY OF THESE VACANT LOTS DO NOT LOOK AS ATTRACTIVE AS THEY COULD. IT APPEARS A LARGE PERCENTAGE OF THESE VACANT LOTS WILL NOT GET DEVELOPED FOR AT LEAST 2-4 YEARS, OR MORE. COMMISSIONERS TO DISCUSS INCENTIVES TO ENCOURAGE THE PRIVATE OWNERS TO KEEP THE LOTS MAINTAINED IN A PARK LIKE MANNER AND THE POSSIBILITY OF REMOVING UNSIGHTLY FENCES. POSSIBLE TAX ABATEMENTS, REDUCED ASSESSED VALUATIONS AND OTHER INCENTIVES WILL BE DISCUSSED. A MORE BEAUTIFUL GREENER CITY SHOULD RESULT. 07-01422 E-mail .pdf 07-01422-Submittal-Vacant Lots Articles.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration to advise his office of the number of fenced -in vacant lots on Biscayne Blvd, including lots that have building permits and the length of time they have been active, and what steps each property owner has taken to maintain the permits in an open status. Direction by Commissioner Sarnoff to the City Manager to meet with Audrey Ordenes of the Trust for Public Land to explore partnership opportunities with the City ofMiami for pickup parks. Chair Sanchez: All right. What's the next item on the agenda? Vice Chair Spence -Jones: Commissioner Sarnoff. Chair Sanchez: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Thank you, Mr. Chair. We all know that we have many, many vacant lots throughout the City ofMiami, and we have many vacant lots on busy avenues, busy streets and they are often very, very noticeable. For obvious reasons, we expect many of the lots to be vacant for many, many years; oversupply of condos, high construction costs, difficulty of getting financing, high real estate taxes. We all drive by vacant lots every day. We know that we have 15 vacant lots on probably the most visible corridor in Miami, Biscayne Boulevard. We all know we have vacant lots on Grand Avenue. We have vacant lots on South Bay Shore Drive. We have vacant lots on Northeast 2ndAvenue, Southwest 32ndAvenue, and many other avenues throughout the City ofMiami. I'm proposing that we encourage property owners to maintain lots in a park -like manner. Imagine if every lot in the City ofMiami was maintained in a park -like manner. Imagine if property owners removed all the fences, cleaned up all the debris, and landscape was removed. What we're going to do is just go through a series of slides that you can see, and I'll just give you a -- what we think is a rendition of what they look like in District 2, and slide number one demonstrates a good use of what could be -- vacant lot that City ofMiami Page 130 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 could be used as a park. Picture two shows another area of the way we are presently maintaining our vacant lots, and just as an aside, I'll tell you this. Our vacant lots are not being maintained even up to Code standards as we speak. These are a number of vacant lots that you can see from Biscayne Boulevard to Ludlam. The next lot you could see is not being maintained in a park -like manner, and if you just continue. When we purchase property to add to our system, we expect to pay about $1 million per acre; so if you just think about this, if we could add 20 to 30 acres of park -like land at no cost to the City, this would be a great banking system for the City ofMiami; and it wouldn't cost the citizens anything, so -- and imagine the results of having vacant lots that are maintained like a park. The lots would sell sooner, the neighborhood would seem more developed; and the City would look great while we wait for the lots to be developed. Again, this happens to be on Bayshore Drive, and this is a scenic corridor; and this is how we allow a scenic corridor to look, and again, I'll suggest to each and every one of you, none of what you're seeing comes up to the standard of the Code right now, and you could see the dates that these were taken. Now, there are approximately 15 vacant lots on Biscayne Boulevard alone, 15. There are 15 opportunities to have parks. I just met with the principal of what we often know as Kubik and that's on 55th through 56th and 57th Street, I think, on Biscayne Boulevard. I always know it right by -- it's my favorite restaurant. Chair Sanchez: Soyka's, right? Commissioner Sarnoff Soyka's, thank you. The triangle, as I call it. They have agreed voluntarily to take down their fence, to grade their property, and to create a green space. There are some issues that we're dealing with as to liability. I believe we'll come pass that liability. I believe it will not be an issue that'll prevent us from doing this. My question to this Commission is simple: How do we encourage people to maintain these vacant lots in a park -like manner? Some people will do it voluntarily, and Peter -- I forgot Peter's last name, and apologize to him. The owner of Kubik or the principal of Kubik came into my office today and he said, I don't need your incentives, thank you very much; I will maintain my property in a park -like manner as a result of you just simply asking for it, and Kubik will be a great acquisition. It's about five to six acres and it's just about dead center on Biscayne Boulevard. How do we get the others who are a little more recalcitrant, a little more resistant to want to maintain their property in a park -like manner? I have a few suggestions, and I'd just ask my fellow Commissioners to think about this. What if we were to give them some tax incentives? What if we were to say either a dollar for dollar; money they spend on putting their vacant lot in a park -like manner, we were able to give them money off from their City tax and from their County tax, so obviously, I'd have to get cooperation from the County. Maybe it isn't a dollar -for -dollar reduction. Maybe it's a 50 cent reduction in what they spend versus what we can give them back. That's the carrot. Here's the stick. Everything you've shown here today in terms of park -- in terms of vacant lots -- I'm sorry. His name is Paul Murphy, and he certainly deserves the accolades that I should be giving him because he's going to create Kubik into a park for a number of years, so I apologize to Mr. Murphy for not remembering his last name, and it's 55th Street through 58th Street, but what if we were able -- as I said, the carrot, but here's the stick. Every vacant lot that you've looked at on this slide show, none of them are up to Code. None of them, andl will suggest to you next week none of them will be up to Code, and I'll suggest to you next month none of them will be up to Code. That's the stick. I say this to you, Mr. Manager, time and time and time again. If we don't have a carrot- and a stick -approach, we'll never be able to clean up the City ofMiami. Three of these slides showed -- one had a refrigerator on it. One had broken-down shopping carts on them. The debris is massive, and the debris is pervasive. If we start enforcing and liening these properties, they will not stay vacant lots forever, but we need to get started. We need to start creating zero tolerance in the City ofMiami. I used the words "zero tolerance" the first time in this Commission on January 16, 2007. It is now, what, January of 2008, and if we don't start enforcing a zero tolerance, we will never have the carrot, but more importantly, we'll never have the stick; and for the next four years, we can all sit here pretty assuredly, many vacant lots are going to stay vacant and an opportunity will be missed, so from the carrot perspective, I suggest to each one of my Commissioners -- I hope you would support me -- that City ofMiami Page 131 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 we could create a program, possibly along with the County, where we allow people to spend either dollar for dollar or a percentage of the dollars they spend to maintain their lot like a park. I suggest to the City Manager for my third volley that you start enforcing a zero tolerance of vacant lots, that you start taking a ride around the City and taking your sunglasses off -- I mean that respectfully, Mr. Manager -- and seeing it for what it is; seeing that many of these lots are not maintained, as we speak, up to Code now, andl will bet you that when I do this slide show in 60 days -- andl promise you I will do the slide show again in 60 days, andl will show you side -by -side, each and every one of these lots, I will bet you dollars to donuts they will look just like this. It's a challenge to you. There are 16 slides up here. I would hope, Mr. Manager, that those 16 slides I will not find a refrigerator, I will not find shopping carts, and I will not find the debris or the grass that is over four feet tall on these respected pieces of property; so what I'm going to do, if this Commission hopefully is supportive, is I'm going to try and meet with the County Commissioner [sic] to see if they have any desire to get into a quid pro quo, where people can actually start maintaining these vacant lots in a park -like manner. I'd also ask the City Manager to ask legal to help us to figure out any liability issues that may exist or how they can be dealt with. I think this Mr. Peter Murphy was great because it didn't act as an impediment to him. He finally said, you know what, it's not that important to me. I'll figure out the liability, but there will be people on a smaller scale that will say it is important to me, so I ask the City Manager to work with the City Attorney and come up with a program where liability's not an issue. Equally, Mr. Manager, if you can come up with a program and present it to this Commission and show that if we were to do a 50 cent, a 1 dollar -- dollar -for -dollar reduction, what would be the financial impact to the City ofMiami? I know Commissioner Sanchez is going to say, yeah, I might be interested in that, but I want to know how does this hurt us finally, so I'd like to know from the -- either CFO's (Chief Financial Officer) position or from your area what would the financial impact to the City be? And if you could do that analysis and provide it to me so I can present that to the County and get a County Commissioner to agree, I will suggest to you that there will be a carrot, and you will show me, hopefully, in 60 days, what a stick looks like. I thank you all very much. I think this is an important and a very good program that we can really create 20 to 30 acres of park space in the City ofMiami in less than one year's time, and trust me, we will never be able to have this quantity of park space probably in the next decade. Pedro G. Hernandez (City Manager): I'll accept the challenge. Chair Sanchez: All right. Vice Chair Spence -Jones, on the item. Vice Chair Spence -Jones: Sure. First of all, I want to commend Commissioner Sarnoff on coming up with the legislation or at least making the recommendation to the City Manager regarding at least looking at options on this issue. The more parks and green spaces that we can have throughout the City ofMiami, I think the better off the City is, so by all means, I think that he was brilliant in that manner to even come up with this initiative. The one thing that I do want to say, though -- and maybe it's a little different in District 2 than it is in little -- in District 5 -- many of the large parcels that are in my district, the largest parcels are actually owned by city government, city or county government. The challenge that think will have, you know, with this -- andl just would ask for the City Administration andl would ask for Mariano to provide his assistance and his knowledge on this -- is -- you know, I don't want to send -- I don't want to have double standards. I don't want to say to a property owner on one end this is what you must do or here's an incentives [sic] for you to do one thing and then on the other end, the City and the County have the largest lots that are in the district or at least I can say for my district on major corridors that I've been begging to keep clean, cut, fenced, or something, and nothing gets done; so then the question becomes when I try to enforce or communicate to my constituents that may have smaller parcels in those areas, hey, look, you know, this is something that the City's doing. We're going to enforce this. We're going to make this green space possible. They're going to turn around to me in my district -- I can tell you one spot right now, 62nd and 17th, where the old shantytown was, 62nd 15, 62nd 12, 60th 7th -- these are all very large parcels -- City ofMiami Page 132 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Overtown, certain areas in Overtown that the City or the CRA (Community Redevelopment Agency) owns. I'm going to get a response back: Then how can you tell us to do this when the City or the County's not doing their part? That's like a real -- and then I'm left with not having an answer, so my only remark on all of this is that, you know, we can't point the fingers at other people that are not doing what they have to do if we're not; so the question becomes -- we can't have double standards, so what are we going to do to correct our own issues? I mean, because I would love -- I mean, I've had two vacant parcels, you know, sitting there thatl would love -- ifI could make that some green space, make it look better, make it more attractive and more appealing in those neighborhoods until something else happens, I would love to be able to do that. We did it in Overtown with the community gardens and the collared greens and the sweet peppers and we -- that was just a pilot project that we were able to do because of the CRA, but I can't do that on all the lots because we can't afford to do that on all the lots; so the question becomes, what are we going to do first to correct our own problems? Mr. Manager. Mr. Hernandez: Well, today all the City -owned properties are maintained by Public Works. Vice Chair Spence -Jones: Yeah, they're maintained -- I hope my colleagues hear me on -- just like these other property owners that are not City -owned properties; they're maintained in the same manner. Some of them may be a little out of order or some might be a little better, but the point is they're not too far off from what the independent person -- independent property owner's doing now. I mean, I constantly stay -- you know this, Mr. Manager -- on you on making sure, and the team, that the lots get cleaned, get cut, or get fenced if that is the case, but some of them are not even that. You know, glass broken on all of them, so I mean -- I'm just talking -- I can't speak for any other districts. I can only speak for D-5, and I'm just simply saying to you, you know, if we're going to support this initiative, what is the City going to do with our own -- outside of the fact that we're putting them out to bid, which is what I'm trying to do so that we can get them off the block? And Stephanie, you've been doing a great job, so I'm not taking -- andl appreciate everything that you do because I'm tell -- your people take care of our lots, but think it goes beyond just -- correct me if I'm wrong, Commissioner Sarnoff. It does go beyond just cutting them, correct? Commissioner Sarnoff No, andl was going to say something to you, which I think you'll find interesting. It's on NewsVOA [sic] dot com. This is not my concept. It's -- it actually comes from Seattle -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff -- and if -- this is a June 5, 2006 report, and I'm going to give a copy to you and I'll give a copy to the City Manager; but I'm going to read you just one section, and by the way, what they did was they took all of their vacant lots and they made gardens out of them, but listen -- And this is the third page of the article. It says, "Twenty of the most recent gardens are for immigrants and refugees from Southeast Asia and East Africa, people with agricultural backgrounds who had a hard time finding a place to garden because they were living in apartment buildings, so now they're able to grow organic produce and their cultures. They're also able to sell the produce so it's a great way for them to make cross-cultural connections with the larger community, " and, again, I'm going to give you a copy of the article. It's the Beardsley Report. It is -- they went a little step further, Mr. Manager. They actually purchased the property. I know financially we don't have that wherewithal, but we all have a social contract with each other. The Code is supposed to be the minimum under which we maintain our social contract with each other. What I'm suggesting to everybody is how 'bout [sic] going a little bit beyond the minimum and we create the median? And the median is we maintain these parcels as if they were in a park -like manner, and if possible -- and I've been to your garden, andl think your garden is great; and you have the potential for a lot more gardens, and you have a community that could use the garden simply because it's cheaper or freer food to a community that absolutely needs it, andl think it would have fun doing it, so to all these developers -- andl City ofMiami Page 133 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 know a lot of churches own the land. I know a lot of real estate companies own the land. Why don't we give them an incentive? Why don't we say to them, you know, there is -- I believe there is under the Code or, I should say, under the Tax Code, if you treat something agriculturally, I think you're taxed completely different, so if these people were to declare for the next three to four years this is an agricultural piece of property, I think they would get a whole different kind of tax treatment, and Commissioner Spence -Jones's community then would have the ability to do what they're doing in Overtown on a much -- I know much more of your property is available to you there, and l just -- it's not like we're creating the wheel. We're merely following what the West Coast does, and I'm going to give a copy to Commissioner Spence -Jones. Vice Chair Spence -Jones: I have it. Commissioner Sarnoff You have one? Vice Chair Spence -Jones: Yeah. I just -- and again, I'm not saying don't support this initiative. I think that, you know, we definitely should move in that direction to do that. All I want to do is make sure that we don't enforce it on one group and don't enforce it on ourselves; and in Overtown, as I stated over -- before, you know, the CRA has supported that project happening in that area, so that's the reason why we were able to put a garden, but in every other area it's not the same because we don't have the CRA to help fuel it. I would just want to figure out a way, Mr. Manager, outside of the great job that Public Works is already doing with keeping the lots clean, ifI could utilize those spaces until we can, you know, get housing built or commercial development happening on those sites, I would ask that we also consider some means of creating, especially on my major corridors -- because when people drive through the neighborhoods, that's the only thing they see. They don't see all of the houses and stuff that we built on the inside of the core of the neighborhoods; they just see the major lots that are sitting on there, and it just makes the neighborhoods look horrible, even if we clean them all; so if we could -- if there's any way, I'm just asking, just coupled on top of what Commissioner Sarnoff is actually bringing to us today, to figure out a way for us to clean up our own shop and figure out a way to clean up our own big lots we have so that those spaces can also be used, and maybe it's a different thing altogether and not a part of this whole, you know, initiative that he's bringing; but I just think this -- that it's important that we address that, because I know in my district people are going to say that to me. "Commissioner, you know, how are you telling us to do such -and -such and you guys got all of the big lots and you guys aren't doing anything to make those green spaces a park space, when the City should have the resources to be able to do the same thing?" That's my only point, so I don't know how to add it in there or to -- maybe that -- it needs to be brought separately or -- andl know we're not taking action on -- I'm assuming we're not taking action. Chair Sanchez: There's no action taken here. Vice Chair Spence -Jones: Right. Chair Sanchez: This is a discussion. Vice Chair Spence -Jones: Right, so I'm -- right, so I'm just -- if you guys can come back, and Stephanie, maybe Mariano, whoever else has any ideas on how we can do that, I would like to see that happen. Mr. Hernandez: Commissioner, probably the best thing that we could do immediately would be to increment the cycles or the frequency of our maintenance of those lots. We can also consider probably doing some plantings, but we have to be careful as to how we do them so they would not be in the way of future development, but those are things that we could do probably easier and really rapidly. City ofMiami Page 134 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Sarnoff Well, Mr. Manager, before he speaks, and I'd apologize, butt kind of want to help Commissioner Spence -Jones on this. If we have certain City property or County property, why couldn't we --? Chair Sanchez: That's completely different. Chair Sanchez: There's a difference, I agree, but certainly our property. What would be the harm of us buying certain farm equipment and what would be the harm of us putting some top soil on there and starting a program where folks that have time on their hand -- and however they have that time -- start working the soil and planting? I know it may sound odd for a city that thinks it's, you know, growing up, but you know, Seattle's a pretty grown-up city and they did a lot of planting there, too, and you know, they always say get back to the soil and you'd feel better about yourself; so what would be the harm of us actually having some farm equipment, you know, a little bit of farm equipment, little bit of irrigation just to see what grows? Mr. Hernandez: Commissioner, I would say that, you know, in a positive way that you have to at least take a look at them on a case -by -case basis as to the ones that we could use for that purpose. You know, size -wise, the ones that we have -- we're not contemplating any development, et cetera, et cetera, and maybe we can do something creative. I'm open-minded to look into it. Commissioner Sarnoff Okay. Chair Sanchez: De Mola, before you speak -- well, you want to speak on the item? Albio Castillo: Yes, sir. Chair Sanchez: You're recognized. Mr. Castillo: My name is Albio Castillo, live in 2386 Southwest 5th Street. Let me remind you, when these lots -- the fines is usually run between 250 and 500 per day. The problem is maybe we could negotiate with some of these developers that down the road, if -- the way the economy is on a foreclosure probably, maybe we could negotiate to maintain those properties in some way, but give them an incentive because the fines is usually 250 to 500 per day. That is all. Thank you. Chair Sanchez: Thank you. Mr. Castillo: And that's my idea for the -- for this. Maybe that would be rather than -- they go so high; maybe we could like a developer in a -- or a private citizen maybe, hey, clean this; we'll give you something as a tax break or something like that. Maybe the City could look into that. Thank you. Chair Sanchez: Thank you. De Mola. Mariano Loret de Mola: Loret de Mola, Code Enforcement Director, Hector. Let me answer your question first, Michelle -- Commissioner. The -- there are three types of lot, the County lots, the City lots, and the private lots. I deal with the private lots basically, and those are the ones I cited. We take it through the whole legal process, and we ended up liening the property if they don't cut the grass. Like the Manager says, Public Work takes care of the City lots, and they got cycles; and they cut it on cycles. Maybe Stephanie can explain that. The County lot, we make contact with them. We have a contact people, which we do call them and tell them, even the NET (Neighborhood Enhancement Team) Administrator or ourselves. We call them for them to come and cut the grass or whatever they have to do on their lots. That's the three ways that we go on this one. For the record, Commissioner Sarnoff, I cannot talk about the carrot. I am City ofMiami Page 135 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 not the guy with the carrot. I am the guy with the stick, okay? And just for the records, we processed -- for your knowledge, in the year 2007 we processed 2,408 cases of lots, okay. Those were clearing lots complaints, all right. In your district we did 620, okay. We took 843 cases to the Code Enforcement Board and we lien the property, or whatever was necessary. Legal cases that we process, 843 cases. That's 70 percent of the amount of lots on the City ofMiami. The City of Miami -- I took the time to count it -- it got in between 1,200 and 1,250 lots overall, so Code Enforcement, with the stick, took 70 percent of those lots and processed the lots because of lack of compliance. There is one problem, my Commissioner, and the 60 days is the key thing, and the City ofMiami is not Seattle. The grass grows faster than anything else, all right. June, July, and August you cut a lot, and in 30 days you get the lot over 12 inches, which is a requirement for the Code. Commissioner Sarnoff Oh, it's a lucky thing we're in a drought, huh? Mr. Loret de Mola: Well, that's true, and also we don't have in our Code -- and you -- I saw in one of your pictures over there. We don't have any Code -- if the grass is not there, we don't have anything on the Code, and I understand what you're saying about having grass and landscaping; that's good and I'm all for that, and that's a part of the carrot; and the part of the stick is also with the fences. There is no requirement for them to have or not have fences. If the owner of the lot choose to have a fence, he has the right to have it, with the exception of special districts. On a special district, they can only have the fences when they are under construction, and if we have a lot that have a construction permit, we cannot process a case because legally, we cannot process a case. Out of those 15 or 20 that you mentioned, we had cited 9 of them; and the rest -- and some of them has -- some of them we will have a tough time to go on with the cases because they have building permits at the present time, active building permits, okay. I just want you to understand and the rest of the people to understand, the rest of the carrot I am all for -- Commissioner Sarnoff Well -- Mr. Loret de Mola: -- if you can give me some more tools -- Commissioner Sarnoff -- here's -- Mr. Loret de Mola: -- if you can -- Commissioner Sarnoff I got you. Let me just hold you there for a sec. Mr. Loret de Mola: Yeah. Chair Sanchez: Fifteen lots on Biscayne Boulevard; you said nine of them have been cited -- Mr. Loret de Mola: Nine of them. Chair Sanchez: -- for having fences. I can tell you there -- Mr. Loret de Mola: Not for fences, and for whatever, right? Commissioner Sarnoff -- hasn't been a building built on Biscayne Boulevard in eight years, so my question to the City ofMiami is: How do they have six, seven or eight lots with fences because that's what counted? Mr. Loret de Mola: Because they got the permits, Commissioner. Commissioner Sarnoff How do they have the permits, Mr. Manager? City ofMiami Page 136 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Loret de Mola: They have the buildings permits and they renew the building permits. Commissioner Sarnoff Well, there's Building. Next up, Building. Hector Lima: Good afternoon. Hector Lima, director of the Building Department. They have active building permits because they've applied for them. We -- Commissioner Sarnoff So how do I have an active building permit for four or five years when I don't do anything? Mr. Lima: Well, this Commission asked us to not do that anymore and that's what we're doing. The Code is very clear. Once you comply, a permit is issued. You can request an extension and then it will be up to the Building official. That's how we're treating every single permit from now on; so unless there is a real issue or liability or excuse, we will not reinstate the permit. That's going to be our policy from now on. Commissioner Sarnoff So would you do me a favor, Mr. Lima? Would you drive up and down Biscayne Boulevard and count the number offences and tell me, in a written e-mail, how many of these particular lots have building permits, how long they've been open, and what they've done to continue them, of course with the City Manager's approval? I -- Mr. Hernandez: Well -- Commissioner Sarnoff -- couldn't direct you to do anything. Chair Sanchez: Through the City Manager. Mr. Lima: I'll have staff do it, yes, sir. Commissioner Sarnoff You'll do that, sir? Mr. Lima: I will have staff do it, yes, sir. Commissioner Sarnoff Thank you. Vice Chair Spence -Jones: And -- I'm sorry -- let me just add on too real fast because I'm -- I was one of the people that was pushing for fences and that was on the City -based lots, especially in our -- in my particular district because if things weren't going to -- I didn't want any liabilities from those large lots that we had because there was broken glass, there was a fire on one; so at that particular time we were requesting to have -- correct, Hector? That was one of the main pushes for me is that I didn't want the City to become liable again for some -- I think somebody had gotten sued on the 62nd and 17th lot, so we were pushing for that; but if we're going to look at, you know, creating green spaces on some of them, which makes the lots look a lot more attractive, I'm fine with that; but if we're not, then I would rather have the City be, you know -- personally, from my district's perspective, I don't want to see the fences leave from a City's perspective. If we're not going to do the green space, make them look presentable and usable to the public in some sort of manner, I don't want to see it become, you know, open spaces like that because too much stuff was happening on those lots behind those trees and everything else. Mr. Hernandez: But they can still be better maintained, even with a fence. Vice Chair Spence -Jones: Right. Mr. Hernandez: You can have the fence, but you know, if you do a better job of maintaining the City ofMiami Page 137 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 property, it would look, even with a fence in front, more acceptable. Vice Chair Spence -Jones: We just need to figure out what we're doing because we're sending about three different messages right now -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- so -- Chair Sanchez: But this -- Mr. Hernandez: I understand. Chair Sanchez: -- are you done? Mr. Loret de Mola: Yes. I just -- Chair Sanchez: Let me just shine some light on this. Mr. Loret de Mola: That's all right. Yeah. Chair Sanchez: First of all, I think that thinking outside the box and being a little creative on these issues will give us an opportunity to address the issues and hopefully come out with a solution. This is a perfect item for a Commission district blue page, whatever you call it. Why? It's an idea a Commissioner has. He brings it out for discussion. You're getting all kinds of discussion here based on Legal, Code Enforcement, one shoe doesn't fit all; might affect your district, but it gives us an opportunity to start the process to find a solution to an existing problem, and that problem is that a lot of these properties throughout the City, not just my district, but the entire city, look horrible. They're an eyesore, and in many cases, I don't know how we, as a city, can go to someone and say, you are violating the Code when three blocks down from their property, they should tell you "and you're violating yours." Because City property looks horrible, so maybe this is an opportunity for all of us to put our thoughts together. There are hurdles in this plan. I like the concept of thinking outside the box and being creative because you know what? The liability continues to be a big problem. It scares me, and I'm certainly not going to put this City in any harm way or neither one of the Commissioners; but if we're able to do this where we're able to get people to volunteer where they're getting something out of it, then we may not get all the properties, but you might have -- we have one individual already who said, you know what? And I'm surprised. He's a great guy, but that property has gone through Chinese torture in that area, so here's a developer telling you, you know what? It's a great idea; let's work together. That's what I'm telling you, where two different sides who have possibly either in court and having a lot of issues are coming together, maybe that could be the catalyst to get all these things done. Now I realize that once you have -- apply for a building permit, you fence the property. The concern here is that how many -- Mr. Lima: That's correct. That was the ordinance that we passed on -- Chair Sanchez: Right -- Mr. Lima: -- commercial development. Chair Sanchez: -- andl can understand that, but the individual -- it boils down to this. I think the first thing we need to do is adopt one thing that was said here: zero tolerance. We need to go after, through Code enforcement -- that should be the first step -- not only their property, but our property because I could tell you, look, I have one in my district. Go to Jose Marti Theater. We're going to develop it; where it's going to be affordable housing, but the property looks City ofMiami Page 138 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 horrible. It looks horrible, so how can we be out there writing somebody a $500 ticket a day when even our property looks horrible, okay? So we need to start looking at it from a citywide and seeing which properties want to volunteer. If they volunteer and we can find the initiatives and then, as a legislative body, find -- to work out incentives, whether it's tax incentives through the City or the County. Maybe he's absolutely right. Maybe if your property is agriculture, you'll get a different qualifi -- classification of taxation. Maybe it's a big tax break, but we have to start addressing this issue and moving forward so we could address that. The first thing that I think we need to do is Code enforcement. That's the only power that we have based on the rules that exist today, and you know what? I am one that believes that compliance comes first and then fines. I do to a certain point. Once you don't comply, then I'm going to fine ya' and I'm going to fine ya' hard, okay, because once you hit somebody in the pocket, that's when they start listening to you; so a lot of these properties that we could look at, we could take certain -- we could start with that property and put a model where -- I like the term -- what did you say? I wrote it down -- park -like manner? I don't know exactly what it means. I like it, but I don't know what it means. Is it going to be an open park where people can go in and sit and barbecue or whatever? I don't know. That would be great. You're going to have some property owners that are going to tell you, unless you pick up the liability side of it, nobody's walking in my property. Because if somebody gets hurt, I'm going to get -- I'm going to hold the liability, you know. That's a big issue that we're going to have to overcome, but I think other issues that -- to some of these property -- we realize that a lot of properties are not going to get developed today, they're not going to get developed in six months; they're possibly not going to get developed in the next four to five years, so if the property owner has an opportunity to get some tax breaks out of it and create such a park -like manner property, that would be good; so I think this is the perfect opportunity for now for -- to sit down with the Administration, to sit down with the different departments and start working out the issues on one property, that property itself. If you're able to work something out with them, that could be the catalyst. You know what? I applaud you for it. I think it's a great idea. You know, some people would get to a point and go, forget it. It's a liability. It'll never work. You're going to take it to a point; maybe you'll get it done. If you get it done, God bless you, and you know what? I will follow you and get some of them done in my district, but I think it's a good move. Commissioner Sarnoff Mr. Chair, we actually have a person in the audience who is the director of the Trust for Public Land. Her name is Audrey Ordenes. Could we afford her just one minute? Chair Sanchez: Absolutely. How are you? Audrey Ordenes: Hi. Good to see you. My name is Audrey Ordenes, 1740 Southwest 31 st Avenue. I'm actually a resident of the City ofMiami and drive by the empty lot on 32ndAvenue and envision a pick-up park there for some -- either basketball or soccer for the kids in the neighborhood because I'm noticing lately a lot more graffiti and dumping. The Trust for Public Land is a national nonprofit organization 30 years now dedicated to conserving land for people as parks in open space. I think there's an incredible opportunity here today for partnerships with community organizations so that the City can explore these opportunities and not feel like they have to do everything themselves, because I know that you have a lot on your agenda; but this is one initiative that has a lot of potential for a multiplier effect, particularly when it comes to crime and public safety. There is opportunity for some of these vacant lots to be used as neighborhood community gathering places, definitely for kids to play Frisbee, or you know, bring a soccer ball out there and -- particularly in South Florida and in the Miami community, you have the concept of pick-up parks. It's not new to the South Americans or the people of the Caribbean to have them rotate from place to place with their Frisbees or soccer balls or volley balls to play sports, and it's something that really could be done here in South Florida; and the Trust for Public Land is willing to partner to explore maybe different properties with you, look at how they fit in with the park master plan; look at the potential of when they're going to be developed, how much time to give you an idea of feasibility; and maybe there's opportunities for City ofMiami Page 139 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 some parks -- temporary parks that could be turned into permanent parks, and we have the opportunity for financing with -- there's -- could be a lease purchase agreement with the City. We can, you know, purchase it upfront and then, over time, the City can buy it back from us. It's something that we do all the time. In New York City, we've turned tons of community gardens into permanent spots that neighborhoods actually adopt and grow their own vegetables; and there's plenty of opportunities, andl can bring our experts from New York or Seattle, in fact, in Portland, San Francisco. We can come here and show you some of the projects that we've done, and that the City ofMiami can actually, you know, beat. I think we can be the premiere city for parks, and it can inspire so much more and be a place where people want to live and work and develop here, so if you have any questions, I'll be happy to help. Commissioner Sarnoff Mr. Manager, would you be willing to meet with Ms. -- I hope I said it right -- Ordenes? Ms. Ordenes: Ordenes. Commissioner Sarnoff Ordenes. Would you be willing -- maybe not you, but a member of staff meet with Ms. Ordenes and see if we can -- what is out there? How can we partner up with the land for public trust or the Trust for Public Land, I should say? Mr. Hernandez: We'll be happy to do so. I've worked with her before, so it'll be a pleasure. Commissioner Sarnoff You were holding that in the back of your mind the whole time, right? Chair Sanchez: And on that, you're looking at -- we're looking at three -- we're looking at the private property, we're looking at our City property, and we're looking at County property. I mean, I think we stand a better chance right now at least with our property, with City property, okay, but I think we should explore all the opportunities that may exist on that. Once again, I'm telling you, one -- important things that we need to look at -- since we don't have this opportunity for you andl to sit or any of the Commissioners, this is the only forum where we could -- able to discuss and give you some suggestion. One, I think it would have to be done on a volunteer basis. That, we have to do. It's got to be done, and it can't be citywi -- it can't be the entire City. I mean, it's all got to be volunteer basis, and it's got to be -- it can't be -- you can't have an ordinance through the entire City for us to do this, but I think looking at all the other avenues, we could possibly make some advances on some of the ideas that have been proffered here today. Vice Chair Spence -Jones: I just want to add for TPL (Trust for Public Land). I know that we met probably about -- almost 30, 40 days now, and my office has actually had a long-standing relationship with TPL trying to establish green spaces and doing those kind of things. I know that you and I met and there's some key things that I was waiting for follow-up from you guys on. IfI can get a report or an answer on those key issues -- one was Liberty Square and that space behind that. You know, all the shootings that we've had in the housing projects there, that was something that we were working with you guys on. Kids need a park or a green space in that area to have an outlet. I still need an answer on that, and then the Overtown area. We set a money -- set money aside to do a project. I know the County Commission [sic] andl are working on to support -- to create green space from one school to the next for our kids under the over -- over the -- under the overpass, and we still haven't gotten a response back on that; so there's some key things I know that you and I talked about that I still need a response or a follow-up answer from you guys on. Ms. Ordenes: Absolutely, andl think we've actually called your office for another appointment to -- Vice Chair Spence -Jones: Okay. City ofMiami Page 140 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Ms. Ordenes: -- give you those answers. Vice Chair Spence -Jones: Thank you. Ms. Ordenes: You're welcome. Chair Sanchez: All right, but once again, Code Enforcement's responsibility is to apply the laws, quality of life. I mean, that's -- you're going to have to address that, andl think you could do that with your department. I mean, if you really address some of the properties, for starter [sic], they could start cleaning them up, and we could start moving forward with the ideas; so I'm sure this is an item that'll come back to the Commission. Maybe you got some good input. Maybe you got some good recommendations. Once again, I think -- I want to take the opportunity to praise you for taking on that big challenge, and it is a challenge. DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 07-01474 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF A BRONZE BUST, IN HONOR OF DR. MANUEL ANTONIO DE VARONA, SCULPTED BY RENOWNED MIAMI ARTIST TONY LOPEZ, FROM THE CUBAN MUNICIPALITIES IN EXILE (MUNICIPIOS DE CUBA EN EL EXILO), TO BE PLACED AT TRIANGLE PARK, LOCATED AT SOUTHWEST 4TH STREET AND 11TH AVENUE, MIAMI, FLORIDA, WITH THE CUBAN MUNICIPALITIES IN EXILE PURCHASING A PROPER BASE FOR THE BRONZE BUST AND MAINTAINING IT AT NO COST TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT AND ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-01474 Legislation.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0036 Chair Sanchez: All right, let's see if we could get going on this. Do you have another item? Commissioner Sarnoff I do not. Chair Sanchez: Okay. I have one item; it'll be quick. It's a resolution of the City ofMiami Commission authorizing the City Manager to accept a donation of a bronze bust in the -- in honor of Dr. Manuel Antonio de Varona, sculptured by renowned Miami artist Tony Lopez, from the Cuban Municipalities in Exile (Municipios de Cuba en el Exilo), to be placed at Triangular [sic] Park, located at Southwest 4th Street and 11 th Avenue, Miami, Florida, with the Cuban Municipios purchasing a proper base for the bronze bust and maintaining it at no cost to the City ofMiami; further authorizing the City Manager to execute a maintenance agreement and all necessary documents for said purpose. In other words, they will buy the foundation and they would install it in that park that's located -- once you -- as you get off ofI-95 and you pass 8th Street, you go down a block and it's right there in the Roads area. It's Triangular [sic] Park; so I would make a motion -- City ofMiami Page 141 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: -- in support. Commissioner Gonzalez: I'll second it. Chair Sanchez: All right. All in favor. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Chair Sanchez: This item passes. D3.2 07-01423 DISCUSSION ITEM DISCUSSION CONCERNING CRIME INITIATIVE UPDATE. 07-01423 E-mail .pdf CONTINUED Chair Sanchez: We go to -- I'm going to go ahead and defer this one because, as you know, the chief and the assistant chiefs are making all the necessary arrangements for the officer's funeral, andl think it's appropriate to take them away from their duties to be giving -- to be here, so I'll go ahead and continue this item to the next regular Commission meeting. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-01424 DISCUSSION ITEM DISCUSSION CONCERNING FIRE FEE SETTLEMENT INFORMATION. 07-01424 Cover Email.pdf DISCUSSED Chair Sanchez: District 4, Commissioner Regalado, you're recognized for your discussion items. Commissioner Regalado: Thank you very much, Mr. Chairman. I'll try to be brief. Most of these items were deferred from the last Commission meeting, but I'm sure that most of you, when you meet with people, they ask well, where is the money from the fire fee? When are we going to get the money from the fire fee? And this is a question that I get when I do radio and TV (Television) programs from listeners and residents ofMiami; and they wonder because it has been many, many month [sic]. Of course, we all know that there is a process through the court, but it is important to at least give an update because what we have on the Web page is just the same thing that is been there for the last several months; so I'm asking the City Attorney to just briefly explain the timeline. I know that all the settlement have been approved by the courts. I know that the only thing that -- the missing link now is for the courts to approve the amount of money that the attorneys for the class will be receiving and then that would trigger the process. Is that --? Jorge L. Fernandez (City Attorney): Mr. Chairman, that's basically correct. Ms. Bru, as you know, is much more directly involved with this process. We're awaiting to receive a court date City ofMiami Page 142 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 so that the judge sets into motion the whole process of distribution. The agent that has been retained by all the parties, the administrator, is in place. He's got all of the information that he needs by folio number, all the preparedness, all the preparations that need to be made are. The only thing that we await is the judge's order to proceed with the process of notifying everyone and then distributing. The -- also, another -- I don't know if you recall the last report we gave to you in writing before the holidays; finally the entire case has settled and now the Adorno firm has contributed to the settlement, increasing the amount that would be distributed to the contributors, but again, everything being said, it still awaits the judge's final order. We believe that within the next month, this would take place, and hopefully, as we're prepared and geared to do, distribution would begin as soon as notification is given and we start getting the reports back. Commissioner Regalado: Okay, thank you. D4.2 07-01425 DISCUSSION ITEM DISCUSSION CONCERNING A PROPOSED ORDINANCE REQUIRING THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES. 07-01425 Cover Email.pdf MOTION Direction by Vice Chair Spence -Jones to the City Manager and City Attorney to meet with members of the real estate industry and a representative from the Buena Vista Homeowners Association to determine the impact on the registration of abandoned residential properties in the City. A motion was made by Chair Sanchez, seconded by Commissioner Regalado, and was passed unanimously, directing the City Attorney to review and draft any and all amendments to the current ordinance requiring the registration of abandoned residential properties in the City, including all possible rules and enforcement efforts, and to present the revised draft ordinance for consideration at the City Commission meeting currently scheduled for February 14, 2008. Commissioner Regalado: On D4.2, Mr. Chairman, just now we had a great idea and a big discussion about empty lots and the need for having some kind of a remedy to this situation that we have in the City. This item is to request that the City Attorney work with the Administration, with Code Enforcement to draft an ordinance requiring that registration of abandoned residential properties in the City ofMiami. This was discussed two years ago, but it never came up to a vote, and frankly, the ordinance that was drafted at that time -- that have it because the City Attorney and Code Enforcement gave me -- is not what think that the people need, what the residents want. Number one, we do need to have some kind of registration and -- in terms of the record of transfer of deed, a trust; the assignment of rents, et cetera, but the most important thing is keeping and the maintenance requirements; and I'll tell you, in the Shenandoah area there are several residential homes that guess they were in process offoreclosures and have been abandoned for several months. I can tell you that one is right in front of my daughter's house, and you know, she pays $45 a month to her landscaping people to cross the street, cut the grass, and mow the lawn in the back every month of that house, which is abandoned, and by the way, belongs to a bank now. Because as we all know, rats run in a straight line, and all the rats created by what the people left and all that were coming to their home; and of course, the neighboring people also complain. There is -- also a problem, the house is not secure, and there are people at that house and other houses trying to get into the homes and doing so -- and doing drugs. Someone started a fire in-house also here in West Little Havana, so the analysts say the market is going to get worse before it get better in terms offoreclosures. The -- Miami -Dade County had the highest foreclosures ratio in all the United States of America, in all the United States. The epicenter of all the crisis is here. We had 30, 000 foreclosures, plus 2,000 that the judge -- that a judge delayed in the December docket, so it will be coming to the courts in February and March, 30, 000 foreclosure. In the City ofMiami, I'm sure that we have a lot. I City ofMiami Page 143 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 know that we have a lot, so since we cannot solve the real estate crisis, we need to address the problem that we have now; and we do need an ordinance. We don't have an ordinance. We don't. It's not about Code enforcement and asking Mariano and this and the Manager. We don't have an ordinance. We don't have a law. We don't have rules. Actually, there are some great ideas that came out on the Buena Vista newsletter that -- it's in the Vice Chair district -- great idea. These people have details, and would respectfully ask the City Attorney to look at their proposal, but I do have -- also, we discussed some of the ideas, so my request -- and by the way, people, when they saw it on the blue page, wanted to come, but since we are not allowed to have public hearing, it's better to have the public hearing when the ordinance, is in the agenda and people can see it, so I would respectfully request that the City Attorney and the Administration will draft an ordinance. I will give you the ideas and it will be placed in the next 30 days in the agenda. Hopefully, the City Attorney will brief all the members of the Commission. Hopefully, the Manager will agree. This will be a -- sort of you know, a joint effort between NET (Neighborhood Enhancement Team) and Code Enforcement and the City Attorney and the City Manager, but I will tell you that it will do a lot of good because if we, through NET, can go in -- or to Code Enforcement can go in and clean, not a lot, but the front yard and -- that would send a message to all the residents in that block that we care, that we are -- what you're seeing now, it's overgrown gardens and backyards and people throw trash and people try to get in, and you know, quality of life is one block at a time; and so my motion is to direct the City Attorney to work with the City Administration to have at least a draft in 30 days in the agenda, in February, so we can all discuss in public, maybe with a public hearing, maybe with people from the real estate industry, the need to have rules and ordinance for abandoned property, because this is not going to go away. This is going to be here for several month, hopefully not years, but in the City ofMiami, I can tell you thatl can tell you the number of abandoned properties in our district, and there are many, many, more than any year that I have served as their area Commissioner, so that would be my motion. Vice Chair Spence -Jones: Second. Discussion, though. Chair Sanchez: Discussion. You're recognized. Vice Chair Spence -Jones: First of all, I want to commend Commissioner Regalado for taking leadership on this issue. I also want to acknowledge Jerome Schiller from the Buena Vista area that has taken leadership on this from Buena Vista to ensure that legislation is at least put together. I would request two things. One, that not only the City Manager and the City Attorney meet with the real estate folks to get their input on how this could impact them, but I would like to also see that at least a representative from the Buena Vista Homeowners Association is also involved in that process. I do know that Rasha, through NET, actually went to a conference out in San Francisco. I don't know who else attended that conference. Hum? Unidentified Speaker: Carol [sic] Kinchens. Vice Chair Spence -Jones: And vonCarol Kinchens, and they came up with some really great ideas, andl think that this is how this whole thing got birthed; and Buena Vista had their input on that, so I'd like to make sure that we also have at least the representatives that attended that conference, along with Jerome, or someone from your organization, to make sure that when it comes back to us in those 30 days, it's well flushed out; so that's my only recommendation. This is one of the priorities for Buena Vista, one of the number -one priorities, so I just want to make sure that they're at least involved in the process. Chair Sanchez: The item is still under discussion. Vice Chair Spence -Jones: No. That's it. That's my only comment. Chair Sanchez: All right. Under the discussion item, I think each and every one of you has a City ofMiami Page 144 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 copy of this ordinance. This ordinance isn't bad, at all. As a matter of fact, this ordinance addresses a lot of your concerns. It might just need to be tweaked, so why reinvent the wheel? I mean, let's put this ordinance on the agenda and make necessary modifications or amendment, and that way, we don't have to waste time. This is not a bad ordinance; I read it. I mean, this was written in 8/14/06, and it is clearly written for that specific problem, so -- Commissioner Regalado: Yeah, but it doesn't have -- Chair Sanchez: Do you have a copy --? Excuse me, Commissioner. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Excuse me. Just one minute. Do you have a copy of this? Unidentified Speaker: Yes, Commissioner. Chair Sanchez: No. The gentleman back there. Vice Chair Spence -Jones: Jerome, do you have a copy of this? Chair Sanchez: Jerome, do you have a copy of this ordinance? Jerome Schiller: No. I didn't -- but I -- Unidentified Speaker: No. Mr. Schiller: -- did discuss it and (INAUDIBLE) -- Chair Sanchez: All right. Vice Chair Spence -Jones: No. He's talking about the one that's -- Chair Sanchez: The City Manager's going to give you a copy; look at it and see what you think. Vice Chair Spence -Jones: That's -- Mr. Schiller: Oh, no. I've seen it. I read -- Vice Chair Spence -Jones: -- the City one. Mr. Schiller: Oh, this the City one. Chair Sanchez: Yeah -- Vice Chair Spence -Jones: I -- Chair Sanchez: -- so -- I mean, it's up to the will of this Commission, but I mean, looking at and reading it, it really addresses a lot of your concerns with -- I mean, it's got restrict -- it's basically unoccupied and unsecured, unoccupied and secured, unoccupied and dangerous structure, unoccupied and condemned, unoccupied and multiple housing -- building Code violations. It addresses a lot of the issues. Vice Chair Spence -Jones: So -- Chair Sanchez: I just -- City ofMiami Page 145 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Vice Chair Spence -Jones: -- let's -- you don't have to digest it all today -- Chair Sanchez: Yeah. Take it and read it. Vice Chair Spence -Jones: -- but share it also with the Buena Vista group, too, so that they could at least have the input, andl still would like for --I thinkRasha already had -- if I'm not mistaken, NET has already gone through that, but I think there's some additional things that they wanted to tweak on it. I'm just going to make that same suggestion that you still sit down, City Attorney, City Manager, and whoever else that we mentioned earlier, just to make sure, and it -- Chair Sanchez: It might need some tweaks. That's it. Vice Chair Spence -Jones: Yeah. Chair Sanchez: All right, Commissioner. Commissioner Regalado: I don't want to write an ordinance; I just want results, but that ordinance needs to be supplemented by maintenance of the property, which is -- by the way, the registration is the legal stuff, but the maintenance and the -- keeping the property is what really concerns the residents, so I'm all for it, registration and, you know, deeds and all that, all for it; andl agree with the Chairman, let's put it on the agenda as that, but we need the component of enforcement of keeping the property, which is the paramount concern of all the residents. I mean, because no one goes around trying to find out who filed that deed or who is whatever owner. It's about animals. It's about trash. It's about weed. It's about unkept -- so the sooner, the better. You have the main product there, so you just need to add some kind of enforcing the keeping of the residents; so that would be my motion, to place that ordinance -- Chair Sanchez: What, are you -- Commissioner Regalado: -- in the next agenda. Chair Sanchez: -- stealing my motion now? Commissioner Regalado: I'm sorry? Chair Sanchez: I suggested this item be put on the agenda. You -- Commissioner Regalado: That's whatl said. I said -- Chair Sanchez: So you're seconding my motion? Commissioner Regalado: No, no, no, no. No, no, no, no, no. It was on my page, but you know, if you want to be the father of that, it's fine by me -- Chair Sanchez: No, it's -- Commissioner Regalado: -- but what I'm saying is that this ordinance that you have in your hand, we can give it to the City Attorney, add the problem of maintenance, and bring it back in 30 days. That's what I requested. I mean, it isn't that complicated. I requested from the City Attorney to draft an ordinance and that could be the center, but we need to add some new stuff to that ordinance; so I mean, whatever you want to do; you're the Chairman. Chair Sanchez: Commissioner, it's fine with me, but that wasn't your motion. Your motion was to direct the Administration to work on an ordinance. My suggestion was this one's there. It City ofMiami Page 146 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 may not be fully baked, but it's a good ordinance. Commissioner Regalado: Mr. Chairman -- Chair Sanchez: Let's put it -- Commissioner Regalado: -- you weren't paying attention, butt spoke about that ordinance. Chair Sanchez: I wasn't paying attention? Commissioner Regalado: I spoke about that ordinance, but that's okay. Chair Sanchez: It's fine with me. Commissioner Regalado: I mean, whatever motion it is. The problem is that we get this thing done. Vice Chair Spence -Jones: Okay, so we're -- Chair Sanchez: So what's your motion? Commissioner Regalado: So I will second his motion -- Vice Chair Spence -Jones: Okay. Commissioner Regalado: -- to bring the ordinance with an amendment that you need to include all the rules possible and enforcement for keeping these properties, so that would be my amendment. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Call the question. All in favor. Vice Chair Spence -Jones: You're chairing. I'm not -- Chair Sanchez: No, you're chairing. Vice Chair Spence -Jones: Do I need --? Chair Sanchez: All in favor. You don't need the gavel. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. D4.3 07-01426 DISCUSSION ITEM DISCUSSION CONCERNING THE CURRENT STATUS OF THE MIAMI-DADE EMPOWERMENT TRUST AUDIT. 07-01426 Cover Email.pdf DISCUSSED Direction by Commissioner Regalado to the Administration to follow up with Miami -Dade County on the provision of requested documents from the Empowerment Trust in order to complete the City's audit on said trust. City ofMiami Page 147 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: All right. Anything else? Commissioner Regalado: Yes. I have the status of the Miami -Dade Empowerment Trust audit. On October 11 the City Commission requested that the auditor general, Victor Igwe, move forward with a audit of the empowerment -- Miami -Dade Empowering [sic] Trust, and this is because, number one, the Trust is supposed to serve the City ofMiami with state funds, and number two, there was a critical article in the Miami Herald; and the Commission decided that Mr. Igwe should do this audit. This was on October 11. In December he had not been able to make contact with employees of the Trust. The County pulled all the employees and now, in January, he was finally given some documents from the County and from the Trust, so he's been able to obtain some documents to verin, the integrity and reliability of the financial documents that he's been given and then determine if the City has been reimbursed or if their organizations and residents are being served by the Empowering [sic] Trust. My request to the Administration is that we follow up this because in the next legislature session -- andl know that we did the agenda -- we could explore the possibility of becoming a sole entity of this money that is -- the County's getting from the state and the federal government, so that's just -- we'll wait for the Trust. I mean, for the audit. D4.4 07-01427 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF AND ENCOURAGING APPROVAL OF THE MIAMI-DADE COUNTY REFERENDUM THAT WILL BE PRESENTED TO THE VOTERS AT THE SPECIAL ELECTION TO BE HELD ON JANUARY 29, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE THE TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM A PERSON APPOINTED AND SUPERVISED BY THE MAYOR TO A PERSON ELECTED AND SUBJECT TO RECALL BY THE VOTERS; FURTHER AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE OFFICIALS DESIGNATED HEREIN AND TO POST A COPY SAID RESOLUTION ON THE CITY OF MIAMI'S WEB PAGE. 07-01427 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones R-08-0037 Commissioner Regalado: The other, Mr. Chairman, is a resolution of the City Commission in support and encouraging approval of the Miami -Dade County referendum that will be presented to the voters at the special election to be held on January 29, 2008, for the purpose of submitting to the electors ofMiami-Dade County the question of whether the Miami -Dade County home rule charter shall be amended to provide the transfer of the duties of the County property appraiser from a person appointed and supervised by the Mayor to a person elected and subject to recall by the voters; authorizing and directing the City Clerk to certnj, a copy of the resolution to be delivered to Miami -Dade County and posted on the Miami City Web page. This is an important item. If -- Commissioner Gonzalez: Second. City ofMiami Page 148 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Commissioner Regalado: -- the voters of the Miami -Dade County approve this, in November 8 we will be able to vote for the position of property appraisal [sic] ofMiami-Dade County. This has been fast -tracked by the County Commission, and so if this is approved, the position of the property appraisal [sic] will be up for the voters to decide on the presidential election of November 6; so that is my resolution -- Chair Sanchez: All right. Commissioner Regalado: -- and -- Chair Sanchez: There's a motion by Commissioner Regalado, seconded by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right. It passes. D4.5 07-01560 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,500, TO THE DR. MARTIN LUTHER KING JR. PARADE AND FESTIVITIES COMMITTEE, INC. TO CO-SPONSOR THE 31 ST ANNUAL DR. MARTIN LUTHER KING JR. PARADE AND FESTIVITIES TO BE HELD ON MONDAY, JANUARY 21, 2008; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 07-01560 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones R-08-0038 Commissioner Regalado: And the last item is a resolution authorizing the allocation of funds, in an amount not to exceed $1, 500, to the Dr. Martin Luther King Parade Committee to cosponsor the Martin Luther King, Jr. Parade, to be held on Monday, January 21; allocating funds from the District 4 special events budget. Chair Sanchez: There's a motion. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: All in favor? The Commission (Collectively): Aye. Chair Sanchez: It passes. Commissioner Regalado: Thank you, Mr. Chairman. DISTRICT 5 City ofMiami Page 149 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 VICE CHAIR MICHELLE SPENCE-JONES D5.1 07-01371 DISCUSSION ITEM DISCUSSION REGARDING THE PROCESS ON THE "NAMING RIGHTS" ORDINANCE FOR REGIONAL PARKS. 07-01371 Cover Email.pdf CONTINUED Chair Sanchez: All right. We have one more item, right? We have one more item that we -- Priscilla A. Thompson (City Clerk): We have two actually. Chair Sanchez: I thought it was RE 8. Ms. Thompson: We have RE.8 and then the D5.1 for District 5.1. Chair Sanchez: No. She's going to defer that item. She's defer -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chair Sanchez: No. She's continuing it. Mr. Hernandez: -- our -- Chair Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa. Let me get some order here. She is de -- she's continuing that item. Ms. Thompson: Thank you. NON -AGENDA ITEMS NA.1 08-00027 DISCUSSION ITEM DISCUSSION REGARDING UNTIMELY DEATH OF OFFICER JAMES WALKER, JR. DISCUSSED Chair Sanchez: All right. Before we go into the presentation, let me just give you a little bit more information on Officer James Walker, who was killed in the line of duty Tuesday night at approximately 1 a.m. He was a good man, a man of God, from what I've gathered; a hard-working man, a young man who had a long career in this department, andl am very glad that we had a moment of silence for him, and it's our deepest condolence to the Miami Police Department and his family for this tragic [sic]. The funeral arrangements will be posted and we'll provide you more information. I believe that the funeral will be Friday -- the viewing will be Friday, and the funeral will be Saturday, so we wanted to put that on the record to make sure that we do pay the outmost [sic] respect for a young man who possibly had a very bright future in this department, and as they say, the good Lord picks the most beautiful flower for his garden, and he was certainly a very nice young man, so we will now do the proclamations that are on. NA.2 08-00028 DISCUSSION ITEM DISCUSSION REGARDING SOUTH FLORIDA WATER MANAGEMENT NEWLY IMPOSED WATER -USE RESTRICTIONS BEGINNING JANUARY 15, 2008. City ofMiami Page 150 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 DISCUSSED Direction by Chair Sanchez to the City Manager to post the water -use restrictions imposed by the South Florida Water Management District on the City's Web site and to air said restrictions on Channel 77. Chair Sanchez: Before we do that, I'd like -- just want to make one more announcements [sic]. The South Florida Water Management District has posted restrictions, both on the residential and commercial side of the restrictions. We urge every resident of our City to comply with these new restrictions that take effect January 15, 208 [sic], andl would like to direct the City Manager to post these restrictions on our Web site and also on our City channel, which is Channel 77, and we ask all residents to please work hard with all of us to preserve the greatest resource that we have, which is our water supply. Thank you. NA.3 08-00029 DISCUSSION ITEM DISCUSSION REGARDING THE "SOFT LAUNCH" OF REAL-TIME CLOSED CAPTIONING FOR THE HEARING IMPAIRED. DISCUSSED Chair Sanchez: We are making tremendous advances here at the City when it comes to communication, andl would like to have the Communication [sic] director, Kelly Penton, come up and address the Commission and all those viewing, basically, on the new closed caption that we have here at the City, which this is our first meeting, andl want her to explain a little bit some of the changes and some of the modifications and what this is all about. Kelly, you're recognized for the record. Kelly Penton (Director, Communications): Thank you, Mr. Chair, and as Chairman Sanchez said, this is the first City Commission meeting that is being broadcast with closed captioning. This is a soft launch of sorts since it is the very first time, so we haven't sent any public announcements out, but encourage residents that are watching, that are tuning in, to turn on their closed captioning feature and let us know how it's working out so we can make sure that the service is the absolute best, and thanks to the support of the Commission because we did need the money in our budget for it, and also the collaboration of our City Clerk's office and in my office, our chief engineer, Ricardo Novas, who has put all the necessary equipment and efforts in place to make it happen, so we hope that everybody will be able to tune in and watch our meetings, and for our hearing impaired, that they can now understand what's going on during our Commission meetings, so thank you. Chair Sanchez: Thank you. NA.4 08-00030 DISCUSSION ITEM DISCUSSION BY CHAIR SANCHEZ REGARDING NEW CITY COMMISSION PROCEDURES TO BE FOLLOWED DURING THE REGULAR, PLANNING & ZONING AND SPECIAL MEETINGS OF THE CITY COMMISSION. DISCUSSED Direction by Chair Sanchez to the City Clerk to schedule a workshop with all five Commissioners to address the procedures for meetings outlined in Mason's Rules of Order. Chair Sanchez: Before we go into the order of the day, as the Chair, I send [sic] a memo to the City Manager and -- to have the City Manager sit down with all the Commissioners as I so deem that it is necessary that every deliberation or deliberative body be governed by rules and procedures and orders that they will have a majority of its members may be determined and revealed in an orderly manner, andl strongly believe that proper applications of the rules and procedures will eliminate controversy, confusion, and at times, litigation, and I'm sure it will City ofMiami Page 151 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 make this legislative body more efficient at its work, so if we would follow the rules and procedures, it would enable us to make our decision simply, directly, openly, expeditiously, and accurately, and the recommendations that were made out -- andl did get some feedbacks [sic] from all the Commissioners to try to set down the ground rule to make sure that we do have efficient Commission meetings. The reason is that we really do a tremendous injustice to the residents of the City ofMiami when they come to this Commission meeting to address us on their item -- and I'm sure that every item that comes in front of this Commission is an important item to all those that sit out there to get their message across to this legislative body -- and at times, they come here and spend the entire day, and they don't get heard, and then they go home, andl strongly feel that they have better -- they're better off spending their time with their family, their loved ones, maybe their pets, whatever they may be, than being here all day and not being heard, so these are some of the rules thatl would like to introduce to the Commission meeting. Once again, it is focused on making sure that our meetings are transparent, responsive, and truly more of an efficient government here at the City Commission, so the meeting will begin promptly at 9 a.m. Proclamations will be concluded no later than 9: 30. Lunch recess will take place at noon, and the meeting will reconvene promptly at 1: 30. Of course, there are always circumstances where we may have a shade meeting or we may have some type of an event that we would have to deviate from this. It's perfectly fine, but at least it lays out the rules where we will start the meeting at 9 o'clock in the morning, and of course, we'll break -- if nothing is out of the norm -- an hour and a half. Time certain items be restricted Everyone believes that their item is an important item. We tend to do whatever we can to make sure that controversial items and items that are so deemed necessary to be heard at a time certain, we will consider, and that would be - - time certain items will only be considered when an item is continued or when the item deals with an issue of extreme citywide importance that any of the Commissioners could bring out, and the City Manager could also state on that. Each year we have a big problem when we get to the last couple of months where we celebrate the national and religious holidays that we observe. We're trying to do whatever we can to avoid last-minute scheduling. That continues to be a problem. Perfect example was the November meeting, where 27 items were continued. Why? 'Cause we put two meetings in one, and it's totally impractical to do that, so this would allow us, early on in the year -- maybe March or April, depending on the scheduling of some of the Commissioners. I realize that some of the Commissioners travel abroad on their business, or they may be out of town, but I figure that if we start working on this in the early months, we'll be able to have a meeting where all the items could be heard. One of the things that we suggested was that, in the last months of the meeting, when we do have those combined meetings, if we decide to have combined meetings, is that we call the meeting to order on a Thursday; we go on to a reasonable time, and then we recess the meeting; come back Friday and try to finish the meeting. Even if we go 'til noon, or we go on to 3 or 4 o'clock, we'll be able to serve the constituents better. I'm being very honest with you. It is, to me, irresponsible for us to be making decisions at 10, 11, 12 and 1 o'clock in the morning on important items. I mean, that's just the facts. We're here all day trying to make the right decisions, and based on the facts and the documents that are provided to us, and it's just unfair for us to be making those decisions at a late hour, as we did in the past. There were meetings here that went on 'til -- especially budget meetings. They go on 'til 2, 3 o'clock in the morning. I think that if we streamline the agenda, working in cooperations [sic] with my colleagues and the City Administration, we will be having more efficient Commission meetings. Planning & Zoning items will not be placed on the regular agenda, first meeting of the month; held on the second Thursday of the month, and the reason that is -- non -Planning & Zoning items will be kept strictly minimum on the Planning & Zoning. Why? There always may be a circumstance. There always may be an emergency, and we'll take that up in an independent manner. If it's so deemed, then we'll address that, but we cannot continue to have those PZ (Planning & Zoning) items coming on the regular agenda meeting, when we do have a regular agenda meeting, which is the last meeting of the month pertaining to PZ. Now blue pages, or as the City Clerk says, "district pages," is an issue that we talked back and forth, andl did get recommendations from my colleagues. I would have prefer just to have blue pages on the first meeting of the Commission meeting, but there were some feedbacks [sic] from my colleagues, which I've taken into consideration, and what I've decided to do is, I've City ofMiami Page 152 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 limited three; three pocket items on the first regular meeting, and three pocket items on the Planning & Zoning. Let me tell you why. Three meetings -- three pocket items on two meetings is six; times 12, that's 72 pocket items that a Commissioner could bring up. Now the confusion here is that a pocket item is not a Commissioner inquiring about information. IfI have an information pertaining to any issue, all have to do is pick up the phone and call the City Manager, and he gives me that information. I think the argument on the pocket items may be an item where the Commissioner, who does not have an opportunity to dialogue with the other Commissioners under the Sunshine Law, can bring that item, get a feedback from the Commissioners, and therefore, through a proper process, direct the Administration to bring it back on a regular Commission meeting to be looked at. Why? Because once we bring up a pocket item that is either a resolution or legislation, it creates -- it eliminates the filtering process, where if we bring an item up, we direct the Administration to do the research, the proper departments could look at it. I've always been a stickler that nothing should be printed unless it goes to the Legal Department, and that would set a process that will safeguard us from future litigation, future controversial [sic], or even discussions that are not necessary in this Commission, so -- it is also the intention to have no supplemental agendas. A supplemental agenda will only be allowed if the Administration is able to provide to the Chairman that it is deemed a true emergency. I've been here ten years, and I've heard Commissioners often say, "Supplement agenda we just got, I have not had an opportunity to review whatever the changes there may be, " and yes, at times, it may just be a date or a typo or a small error, but at times, those supplement agendas come with some significant changes, andl think -- and once again, it will be irresponsible and ill-advised for us to be making those decisions based on that supplemental agenda. The City department may no longer ask Commissioners to introduce pocket items. Each department should be here to speak on their item. Each department, if you have a pocket item, give it to the City Administrator. The City Manager could introduce that pocket item, and then this legislative board, based on policies, will make that decision. The Administration must provide its own pocket items and use -- pocket items shall be kept to a minimum. If the Administration needs to substitute an agenda item, the substitution must be presented to each Commissioner's office 48 hours prior to the start of the scheduled meetings. I think that's only fair to us that if you have a substitute on the items, just like they did this time -- there was a substitution items on public hearing, economic development. They came to meet in my office 48 hours before, and they were able to be placed on the agenda. If not -- if the need to change the item arises less than 48 hours of the meeting, the item must be pulled from the agenda and placed on future meeting agendas to be brought to this Commission with everything, including their is dotted and their is crossed. Commissioners may sponsor items on regular agendas, but any and all City departments impacted by sponsor legislative -- legislation must review the legislation. The City Manager, impacted departments, and City Attorney be prepared to discuss the sponsored item merit and legal soundness during the Commission briefing period of the Commission, and the reason that is being done, that way it has an opportunity to go through all the filtering process. District pages and items are intended to be discussion items only. The only resolutions allowed on blue pages or district pages are those that have no fiscal impact to a citywide fund, such as a resolution directing the City Manager to compile a report. Any Commissioner could ask the Administration to comply [sic] any report, whether it be fire fee, whether it may be the slot machines, whether it be -- whatever it may be. The Commission has the solely power to direct the City Manager to comply [sic] a report or sending a street name codesignation committee or a Chairman [sic] moving an item solely from his own office account. As a matter of fact, I looked at the Charter; there isn't anything that says a Commissioner needs to bring an item where he's spending money out of his district account where he doesn't need to bring it to the Commission. He could just contact the Finance Department and pay. Now, if he wants to bring it to the Commission, it's perfectly fine, andl will allow that. Commissioners' pocket items are forbidden from taking any action that would spend City money or resources. All right? Andl think all the Commissioners agreed with me on that. Mr. Manager, I thank you for the time that you and your staff took to work with me and Legal, andl also want to thank my colleagues for giving me the opportunity to be able to run more -- an efficient Commission meeting. I have one other recommendation before we move to City ofMiami Page 153 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 the Commission. I asked the City Clerk to see if she could schedule -- not mandatory, 'cause we're all grown men here -- but I think it's paramount and important that somehow we schedule a workshop to address Mason's Rules of Orders [sic], and if Commissioners do not want to attend that workshop and they want one-on-one briefings as to how they could improve on Mason's Rules, there's plenty of institutions out there; one included is the Florida League of Cities, that would come down here and meet with the Commissioners to better inform them on the procedures. Once again, if the procedures are followed, the Commission meetings are more smoothly, and think overall we'll be providing a better service to our constituents, so once again, I think I've taken enough time. I thank you, as the Chair, and think that we have an opportunity here to be running more respectable, professional meetings at the City, so at this time, would any of the Commissioners want to elaborate on my suggestions? Commissioner Sarnoff When you use the term 'Pocket items, " you meant to say "blue page items, " right? Chair Sanchez: Blue pages. Commissioner Sarnoff Okay. That's fine. Commissioner Regalado: And Chairman, are we going to continue the practice of doing the blue pages at the end of the meeting or before? Chair Sanchez: Yes, we're going to continue to do the practice at the end of the meeting. Commissioner Regalado: Okay. Chair Sanchez: That's always been -- because you know what? We're here to serve the people; they go first and then we go last. Okay. Having said that, I think we move on on the agenda. NA.5 08-00032 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO CONVENE A GRAND JURY TO INVESTIGATE, AS STATED HEREIN, THE MURDERS OF ARMANDO ALEJANDRE JR., MARIO DE LA PENA, CARLOS COSTA AND PABLO MORALES, ALL OF WHOM WERE SHOT DOWN BY TWO CUBAN AIR FORCE WAR PLANES IN TWO UNARMED UNITED STATES LICENSED CIVILIAN AIRCRAFT WHILE FLYING A HUMANITARIAN SEARCH AND RESCUE MISSION IN THE FLORIDA STRAITS ON FEBRUARY 24,1996; FURTHER URGING CONGRESS TO CONDEMN THESE ACTIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 08-00032-Submittal-Copy of MDC Resolution.pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0039 Chair Sanchez: Couldl --? As a point of privilege, would you allow me to take my item up first since I have guests here that probably got better things to do than sit here? They've been here for about an hour already. I'd like to get them out of here. Commissioner Sarnoff Go ahead. City ofMiami Page 154 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Chair Sanchez: But if you would allow me to take up my resolution, and this resolution that's before me -- it is not my resolution. It's a resolution that had been supported by a lot of decent human beings who feel that justice has not been served, and this resolution has been -- it's my understanding that has been supported and passed by many cities throughout Dade County and South Florida. The resolution speaks for itself, ladies and gentlemen. On February 24, the cowardly act ever committed by the Cuban communist government was done, and it was such a cowardly act. Two unarmed US (United States) licensed civilian aircrafts were shot down while flying a humanitarian search and rescue mission in the Florida Straits by two Cuban Air Force planes, and this action resulted in the death of four great human beings. One was a Vietnam veteran, Armando Alejandre, Jr., Corporal United States Marine Corps. Also, we had a US citizen, Mario de la Pena and Carlos Costa; illegal US resident, Pablo Morales involved. You all know. I don't have to talk about this. This was something that -- it's one of the define [sic] moments that no matter where you were at, you probably saw the images on TV (Television) and you saw the suffering of many people who -- these people were just basically going out there, humanitarian, flying missions to rescue people that are, once again, seeking freedom; and of course, they come to the greatest nation in the world; and this resolution that am proffering, and hopefully, we could get it approved -- you know, one thing that saddened me it's taken so long to come to the City because I know West Miami, South Miami, a lot of other cities have supported it. It reads as following [sic]. It's a resolution urging that the United States Department of Justice to convince a grand jury to investigate the murders of Armando Alejandro [sic], Jr., Mario de la Pena, Carlos Costa, andPablos [sic]Morales, all whom were shot down by two Cuban Air Force war planes in two unarmed US licensed civilian aircrafts while flying a humanitarian search and rescue mission in the Florida Straits on February 24, 1996; urging Congress to condemn these actions, and that's what the resolution reads; andl would so make the motion. Commissioner Sarnoff Second. Commissioner Gonzalez: Second. Commissioner Sarnoff Sorry. Chair Sanchez: You're Chairing. Sorry. Vice Chair Spence -Jones: We have a motion, and we have a second. All in favor? Priscilla A. Thompson (City Clerk): Excuse me, Chair. The Commission (Collectively): Aye. Ms. Thompson: I'm sorry; I didn't hear the seconder. Commissioner Gonzalez: I second it. Commissioner Sarnoff Oh, it's been -- Commissioner Gonzalez. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Motion and a second. All in favor? The Commission (Collectively): Aye. Chair Sanchez: Madam Clerk, we'll present the resolution to you and make sure that it is forwarded to wherever it may deemed [sic] to be appropriate to get Congress to listen to us and City ofMiami Page 155 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 move this forward Thank you. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: Mr. Chairman, do you want me to go 'head [sic] and take it or you got it? I didn't know if you want to -- Chair Sanchez: You go. Vice Chair Spence -Jones: Okay. NA.6 08-00034 DISCUSSION ITEM DISCUSSION ON SCHEDULING AN ATTORNEY -CLIENT SESSION REGARDING THE FRANK TOWNSEND VS. CITY OF MIAMI CASE. DISCUSSED Chair Sanchez: And at this time, Mr. City Attorney, you're recognized for your pocket item. Jorge L. Fernandez (City Attorney): Thank you, Mr. Chairman, Commissioners. We had a shade meeting several meetings ago in which we discussed the Townsend versus City ofMiami case. This is a case where an individual has filed a lawsuit in federal courts against the City alleging that he was arrested in 1979, he was imprisoned for 22 years; and then he had his conviction vacated. His now claim that his confession that led to the arrest and conviction was coerced. We have been in court. We've discussed this at shade meeting. I feel that we need another shade meeting in order to discuss with you how we have been vigorously defending the City and give you a status report and share with you the progress that we have made that may put the authorization that you have given us to consider settlement that we may need to reconsider that one way or the other, so therefore, Mr. Chairman and members of the Commission, pursuant to the provisions of Section 286.011 (8) of Florida Statutes, I'm requesting at the next City Commission meeting of January 24, 2008, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of Frank Townsend versus City of Miami, pending in the United States District Court, Case number 03-21072, civil division, Jordan the judge. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures, so I will entreat you, Mr. Chairman, Commissioners, to give us at least half an hour perhaps immediately after your lunch break at the next Commission meeting that you have so that I can bring you a very important update in this significant case. Chair Sanchez: All right. Why don't we schedule it now? Mr. Fernandez: Yes. Chair Sanchez: Let's go ahead and schedule it now. What --? Yes, Vice Chair. Vice Chair Spence -Jones: I would definitely like to be a part of that, and I'm not here on the 24th, so -- Mr. Fernandez: Then we can schedule it at your convenience, but as soon as possible because we're getting -- filing motions. We're in -- Chair Sanchez: All right. Mr. Fernandez: -- the appellate courts. Chair Sanchez: Could we do something? Could all the Commissioners provide me with days -- City ofMiami Page 156 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Vice Chair Spence -Jones: Sure. Chair Sanchez: -- of availability? Vice Chair Spence -Jones: Sure. Chair Sanchez: Maybe you're out of town working or whatever, and once you give me that, you want to try for -- Mr. Fernandez: Yes -- Chair Sanchez: -- two or three weeks? Mr. Fernandez: -- and then you andl -- Chair Sanchez: And you andl will schedule a date. Mr. Fernandez: Good. Excellent. Thank you, sir. Chair Sanchez: Okay. Commissioner Regalado: Mr. Chairman, any day, I don't have a problem, so you can just schedule whatever. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. Chair Sanchez: That's -- okay. Commissioner Gonzalez: Same with me. NA.7 08-00035 DISCUSSION ITEM DISCUSSION OF EXTERNAL AUDITING SERVICE CONTRACTS. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, authorizing the City Attorney, if in the City's best interest and so needed, to file declaratory action against the firm of Rachlin Cohen & Holtz, the City's former external auditing firm, demanding the production of records. Chair Sanchez: All right. Any other matters that need to be brought out, pocket items? All right. Once again, I -- if there -- Mr. City Manager, you want to be recognized for something? Pedro G. Hernandez (City Manager): Right. Mr. Chairman, this is an item that doesn't require really any action. It's just that we want to advise the Commission of a concern that we have regarding our external auditing services. As you know, we have a new firm that is now starting to provide that service, and they needed to receive certain information from the prior auditing firm. That information has not been provided, and the new external auditing firm is going to have to do additional work in order to be able to move forward; and that could cost the City an additional $50, 000, andl want, you know, Diana Gomez, director of Finance, to expand on it. Diana Gomez: Diana Gomez, Finance director. Professional accounting and auditing standards do require auditors to be comfortable with the opening balances of the entity that City ofMiami Page 157 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 they're auditing. The City anticipated that the prior year auditors, Rachlin Cohen & Holtz, would make those prior year work papers available for review, as is customary with any audit transition of firms. However, Rachlin is withholding those work papers, due to the fact that they feel that the City owes them additional monies, which the Commission denied back in October. As a result of not being able to obtain the work papers, the current auditors, McGladrey & Pollen, must perform certain audit procedures on the '06 balances in order to be comfortable with the current year. This additional work will require 340 hours of time by the current auditors, as well as additional time on the part of the Finance Department in order to be able to redo the work that was done in '06. This -- the estimated cost of the current auditors is $50, 000 - Chair Sanchez: All right. Ms. Gomez: -- and additionally, the completion of the audit will delay the audit of the current year by at least 60 days and it will probably jeopardize the City losing its certificate of excellence in financial reporting, unless we can get an extension from the Government and Finance Officers Association, which we plan to try to do but it's not guaranteed; so I just wanted to make sure that it's understood that we are going to have some issues. The audit will be delayed, but we'll bring forward the amendment to the PSA for the current auditors on the 24th. Commissioner Sarnoff Mr. Chair? Chair Sanchez: You're recognized. Commissioner Sarnoff So I take it that this is the 80 or $88, 000 -- I don't remember the exact number -- that the previous auditor thought it was owed. Is that -- was it 80 or 88,000? Ms. Gomez: It was actually -- we -- it was actually 50. Mr. Hernandez: It started at 50, I believe, the day that we were considering that item here a few months ago. That's the firm of Rachlin and Cohen? Ms. Gomez: Yes, and they have sent some demand letters to the City Attorney's office and the Manager now requesting like 90-some thousand dollars. Commissioner Sarnoff All right, so we had the opportunity to settle for 50 that day, but now it's 90 something; and they're -- Ms. Gomez: Or let the current auditors perform the additional work. Commissioner Sarnoff Wait, wait, wait. Ms. Gomez: Okay. Sony. Commissioner Sarnoff I take it that they're holding certain what they consider to be work product? Ms. Gomez: Yes. Commissioner Sarnoff Mr. City Attorney, are they allowed to hold work product? Mr. Fernandez: Well, I'm -- I wasn't aware that this item was going to be brought to your attention today. Otherwise, I would have been ready to give you a report of the efforts that we have spent on behalf of the Finance Department in addressing this issue. I know that Maria Santovenia of my office has been working on this, but cannot -- beyond that, I cannot give you City ofMiami Page 158 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 much more. Commissioner Sarnoff A lawyer would not be allowed to hold back any of the client's record, whether he had a charging lien or not. Mr. Fernandez: Correct. Commissioner Sarnoff I would doubt that a City -- excuse me -- a CPA (Certified Public Accountant) has more rights than a lawyer to hold his client's records. Mr. Fernandez: Well, the issue, as I understand it very generally, is working papers. They have, in fact, submitted everything that is public, everything that otherwise they prepared for us; but what they are claiming that they have a right not to release is what they call their -- Ms. Gomez: Auditing papers. Mr. Fernandez: -- drafts, their working papers -- Ms. Gomez: Right. Mr. Fernandez: -- their -- you know, documents that to which otherwise we either under the contract or under accounting practices no one else is -- no client is entitled. Ms. Gomez: No. Actually, the contract does say that we are entitled to review them and make copies of them whenever we want. They are refusing to let us do that because -- Commissioner Sarnoff So -- Ms. Gomez: -- they feel that this bill is unpaid, and professional standards does say that they should make them available at all times to the client and to the new auditors unless there is a dispute about money is a reason why they may be able to withhold them. Commissioner Sarnoff Why don't we be proactive -- Chair Sanchez: Exactly. Commissioner Sarnoff -- Mr. City Attorney? So why don't we take a declaratory judgment -- Ms. Gomez: Right. Commissioner Sarnoff -- against the CPA under the terms and conditions of the contract and have the Court understand that there's a dispute, there is a reasonable -- all the wording we need for the declaratory judgment statute; and suggest that this was actually foreseen in the contract - Ms. Gomez: Right. Commissioner Sarnoff -- that the City knew that in the event of a dispute that we were entitled to all of our records so that we would never harm ourselves for bond ratings, et cetera, et cetera; and then I would suggest, I would like to see how much the CPA firm would like to imperil -- Mr. Hernandez: Of course. Commissioner Sarnoff -- its -- City ofMiami Page 159 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Ms. Gomez: Right. Commissioner Sarnoff -- insurance and its partners to find out what it would be like for the City ofMiami to lose its bond rating and then suffer millions of dollars of damages in return for its $50, 000 disputed fee. I would suspect that their insurance company would immediately contact them and say, I don't think this is wise for you to sue over $50, 000 and imperil us to the tune of -- if we lost our bond rating, it could be tens of millions of dollars -- Ms. Gomez: Agreed. Commissioner Sarnoff -- or we could just take it on the chin and pay them, andl suspect this Commission's not going to take it on the chin and pay them. Mr. Hernandez: Mr. Chairman, Commissioners, this is something that was brought to my attention within the last hour by Diana Gomez that she had just learned that the new external auditing firm would require additional -- Ms. Gomez: This extent of -- Mr. Hernandez: -- you know, compensation to do this work, so I just wanted to share it with you. The City Attorney was not even aware that this had come up. Commissioner Sarnoff No. I'm -- andl'm not berating him at all. Mr. Hernandez: No. Commissioner Sarnoff I'm merely suggesting a course of action similarly to the course of action I had suggested with regard to the CRA (Community Redevelopment Agency) and with Crosswinds, andl'm not trying to be the City Attorney. I'm just suggesting -- this board has spoken once before. We -- I'm sorry, this Commission -- said we don't think you're entitled to that money. You know, I'm suggesting we maintain that attitude, and it seems like your contract foresaw this; meaning, your contract said hey, you know what? There may come a dispute someday, but we're going to be entitled to look at all of our papers. Ms. Gomez: Right. Commissioner Sarnoff I don't know what an auditor does and doesn't need. I find it surprising that an auditor can't work off a previously certified report, but be that as it may, I'm not a CPA. What I am suggesting is let's be proactive. Ms. Gomez: Right, and ifI may, we did speak with Legal, one of your assistants, and that is the course of action that we're going to take to try to get some kind of court action so that they can provide it, but in the event that we can't, it's hard to get an item on the agenda; we don't want to just put one on there, so we're going to put it on now before the agenda closes just in case we can't. Because, if not, it will delay it even further because our auditors, their scheduled start time was Monday of this week. They are starting to do some preliminary work, but they really cannot move forward until they either do the additional work or get the work papers from the external -- from the prior auditors. Commissioner Sarnoff And that's odd, too -- andl apologize for taking the mike -- because here we entered into a very significant amount of contract with a new auditing firm and they could certainly get started predicated on that contract with the understanding that there's additional work and letting this Commission know that there could be an extra $50, 000 out there; so the emergency doesn't seem real to me from the auditor that we're just undertaking, hopefully -- and I hope they're watching -- a long-term relationship, which -- City ofMiami Page 160 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Ms. Gomez: Sure. Commissioner Sarnoff -- sounds like it's getting very short. Because if they're going to say to the City ofMiami, we want $50, 000 now -- andl don't remember what their contract was. Let's just say, arguably, $500, 000. I think it was 800, ifI remember correctly, but -- Ms. Gomez: No. Commissioner Sarnoff All right, 500,000 -- Ms. Gomez: Not even. Commissioner Sarnoff -- and they can't start their work under the understanding that there's a $500,000 contract and letting you know that there may be an additional 50, and you've come to this Commission and you said, look, there may be a problem; there could be an additional -- Ms. Gomez: Right. Commissioner Sarnoff -- 50. Ms. Gomez: That's not what I'm saying. Commissioner Sarnoff Well, I'm missing it. Ms. Gomez: Okay. Professional standards require them to get comfortable with the opening balances. Typically, auditors get comfortable with the opening balances by reviewing the work papers of the prior auditor to see what their methodology was, what kind of test work they did; to see if it was sufficient for them to be comfortable with just relying on the financial statements, so they have started. They have done -- started the single audit work pa -- you know, the work -- they have started, and they are doing -- they can do up to a point, and at that point they really can't do anything further because they will not be able to issue without getting comfortable on the opening balances. That will require either reviewing the work papers and getting the comfort that they need, like all auditing firms do in customary -- in practice or doing the additional work themselves, so it's not something that should be held against the current auditors be -- Commissioner Sarnoff No, I'm not saying it should be held against them, but what I am saying is I find it surprising that they can't get started knowing they -- Ms. Gomez: They have gotten started. Since November, they've been working. Commissioner Sarnoff So there's no emergency. Ms. Gomez: The emergency is that at some point, they're not going to be able to continue, andl didn't want to have to necessarily wait till February when we were supposed to be issuing financial statements in March to bring this forth, so we had been going back and forth with Rachlin -- our Legal Department, their Legal going back and forth with some letters with -- to no avail to this point as I understand it, so I just wanted to make sure that, one, the Commission is aware that the delays that are going to be caused; and two, there will be additional fees if we do not get our hands on those work papers. Chair Sanchez: All right. Let's -- how to resolve this issue? How to resolve it? Give me options. City ofMiami Page 161 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Mr. Hernandez: Well, right now you have -- you know, the City Attorney, I know, is involved and is pursuing action, so ideally, what we would like to have is to force Rachlin Cohen somehow to get us the information, and that's -- Ms. Gomez: Quickly. Mr. Hernandez: -- the end of it. Mr. Fernandez: Well, the -- Mr. Hernandez: That would be preferred. Mr. Fernandez: I don't know at what stage. I'm trying to get through to my assistant -- and I'm unable to -- to get a status report on this matter, but certainly, before we file a lawsuit, I don't have authorization to file a lawsuit without first getting that from you. I can defend anything that gets brought against the City, so maybe one step you can take is to radically authorize me -- Commissioner Sarnoff Right. Mr. Fernandez: -- to immediately follow up and file for declaratory -- Commissioner Sarnoff Right. Mr. Fernandez: -- relief injunctive relief whatever cause of action we deem appropriate so that the message gets delivered -- Ms. Gomez: Right. Mr. Fernandez: -- notwithstanding the status that my assistant would tell me they are at, and then within days we would be in court seeking a resolution in that way. Chair Sanchez: All right, so those are the options we have. Now, let me ask you a question. What's the urgency of us taking action today? Ms. Gomez: No action today. Mr. Hernandez: No. There's no action. Ms. Gomez: We're going to bring it forth on the 24th. Chair Sanchez: Okay. Ms. Gomez: I just -- Chair Sanchez: All right. Ms. Gomez: -- wanted to make you aware of it -- Chair Sanchez: That's it. Ms. Gomez: -- that this is out there and even -- Chair Sanchez: Fine. Ms. Gomez: -- get maybe -- City ofMiami Page 162 Printed on 1/30/2008 City Commission Meeting Minutes January 10, 2008 Motion to Adjourn Chair Sanchez: All right. Ms. Gomez: -- the message to Rachlin that this is going to be out there and -- Chair Sanchez: Okay. All right, fine. Thank you. All right. At least we know where we're on that issue. Okay. Mr. Fernandez: So it would be appropriate for you to make a motion authorizing us. Ms. Gomez: to go forward. Commissioner Sarnoff Well, I think what he's concerned about is time, time delays. I'm prepared to make the motion that if you find it in this City's interest to file a dec (declaratory) action against our former CPA firm that you do so and post haste. That'd be my motion. Chair Sanchez: State your motion again. Commissioner Sarnoff That he be authorized by this Board -- Chair Sanchez: If so needed. Commissioner Sarnoff Right, if so needed, based on his conversations and research -- to file a declaratory action against the previous CPA firm to procure the records. Chair Sanchez: Okay. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Discussion on the item. Hearing no discussion, all in favor say "aye." The Commission (Collectively): Aye. Chair Sanchez: In opposition? No "nos, " and it passes. Ms. Gomez: Thank you. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 163 Printed on 1/30/2008